Regular Session - May 6, 2002
2874
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 6, 2002
3:17 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be offered by the Reverend
Peter G. Young.
REVEREND YOUNG: Thank you,
Senator.
Let us pray. God has given many
different gifts to our Senators, but it is
always Your spirit, O God, that guides them.
There are many different ways of serving as
Senators, and they always know that You,
O God, have granted them that gift that is to
be used for the good of our New York State
citizens.
God has gifted each Senator with
the unique potential to help their
constituents. Let us take a moment to thank
God for these talents and skills.
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God, we thank You for these gifts
unique to each Senator. And let us not be
jealous of talents that we don't have, but
then rather let us rejoice in who you are or
what you're doing. Let us now dedicate
ourselves to make this the effort of all of
our New York State citizens.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, May 5, the Senate met pursuant to
adjournment. The Journal of Saturday, May 4,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: If I could
interrupt, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
2877
the Senate Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Seward,
from the Committee on Insurance, reports the
following bills:
Senate Print 1810B, by Senator
Seward, an act to amend the Insurance Law;
2187B, by Senator Larkin, an act to
amend the Insurance Law;
2944, by Senator LaValle, an act to
amend the Insurance Law;
5524A, by Senator Seward, an act to
amend the Insurance Law;
6589A, by Senator Seward, an act to
amend the Insurance Law;
6701, by Senator Seward, an act to
amend the Insurance Law;
7359, by Senator LaValle, an act to
amend the Insurance Law;
And 7360, by Senator Seward, an act
to amend the Insurance Law.
2878
Senator Bonacic, from the Committee
on Housing, Construction and Community
Development, reports:
Senate Print 4527, by Senator
Nozzolio, an act to amend the Public Housing
Law;
5133, by Senator Bonacic, an act to
amend the Private Housing Finance Law;
6498, by Senator DeFrancisco, an
act to amend the Real Property Tax Law;
6843, by Senator Bonacic, an act to
amend Chapter 449 of the Laws of 1986;
6844, by Senator Bonacic, an act to
amend Chapter 777 of the Laws of 1986;
6845, by Senator Bonacic, an act to
amend Chapter 84 of the Laws of 1993;
6917, by Senator Padavan, an act to
amend the Private Housing Finance Law;
And 6908, by Senator Padavan, an
act to amend the Real Property Tax Law.
Senator Hoffmann, from the
Committee on Agriculture, reports:
Senate Print 6346A, by Senator
McGee, an act to amend the Agriculture and
Markets Law;
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6510, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
6511, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
6913, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
And Senate Print 6915, by Senator
Hoffmann, an act to amend the Agriculture and
Markets Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
Amendments are offered to the
following Third Reading Calendar bills:
Senator Rath, page 4, Calendar 28,
Senate Print 3676;
2880
Senator Maltese, page 10, Calendar
205, Senate Print 4910;
Senator Volker, page 15, Calendar
315, Senate Print 3210A;
Senator Marchi, on page 18,
Calendar 379, Senate Print 4322A;
Senator Seward, page 25, Calendar
Number 542, Senate Print 6025;
Senator Nozzolio, page 28, Calendar
587, Senate Print 6774;
Senator Kuhl, on page 31, Calendar
642, Senate 6906;
Senator Trunzo, on page 39,
Calendar 730, Senate Print 4047;
Senator Seward again, on page 48,
Calendar Number 847, Senate Print 6852;
Senator Nozzolio, on page 52,
Calendar 888, Senate Print 3703;
Senator LaValle, on page 54,
Calendar Number 909, Senate Print 3817;
And Senator Leibell -- wait a
minute. That's Libous? -- Leibell, page 56,
Calendar 924, Senate Print 7214.
And I ask that these bills retain
their place on the Third Reading Calendar.
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ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President.
SENATOR VELELLA: Mr. President,
can we have the reading of the
noncontroversial calendar.
ACTING PRESIDENT MEIER: Senator,
we have one more motion. Could we take care
of that first, if you don't mind. Fine.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Maziarz,
please place a sponsor's star on Calendar
Number 829.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FUSCHILLO: On behalf of
Senator LaValle, I wish to call up Senate
Print Number 6372, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
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Secretary will read.
THE SECRETARY: Calendar Number
378, by Senator LaValle, Senate Print 6372, an
act to amend the Highway Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Balboni, I
wish to call up Calendar Number 467, Assembly
Print Number 10155A.
ACTING PRESIDENT MEIER: The
2883
Secretary will read.
THE SECRETARY: Calendar Number
467, by Member of the Assembly Klein, Assembly
Print Number 10155A, an act to amend the
Public Health Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the Assembly Bill
was substituted for Senate Print Number 6594A
on April 23rd.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move
that Assembly Bill 10155A be recommitted to
the Committee on Water Resources and the
Senate bill be restored to the order of Third
Reading Calendar.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FUSCHILLO: I now offer
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the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
18, by Senator Seward, Senate Print 5584B, an
act to amend the Insurance Law, in relation to
increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
173, by Senator Lack, Senate Print 1263A, an
act to amend the Labor Law, in relation to
direct sellers.
ACTING PRESIDENT MEIER: Read the
last section.
2885
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
215, by Senator Maziarz, Senate Print 3222, an
act to amend the General Municipal Law, in
relation to restricting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
297, by Member of the Assembly Levy, Assembly
2886
Print Number 6603, an act to amend the
Executive Law, in relation to the submission
of arson reports.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
317, by Senator Morahan, Senate Print 3951A,
an act to amend Chapter 415 of the Laws of
1998.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
2887
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
501, by Senator Libous, Senate Print 3667A, an
act to amend the Mental Hygiene Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
541, by Senator Hoffmann, Senate Print 6629,
an act to amend the Agriculture and Markets
Law, in relation to the definition of the term
"gross sales value."
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
2888
THE SECRETARY: Calendar Number
588, by Senator Marcellino, Senate Print 487,
an act to amend the Vehicle and Traffic Law,
in relation to aggravated unlicensed
operation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
597, by Senator Velella, Senate Print 5706A,
an act to amend the Labor Law, in relation to
air temperature standards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
2889
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
606, by Senator Saland, Senate Print 1342, an
act to amend the Criminal Procedure Law, in
relation to authorized child witnesses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
686, by Senator Balboni, Senate Print 6933, an
act to amend the Environmental Conservation
Law and the Public Authorities Law, in
relation to water resources.
ACTING PRESIDENT MEIER: Read the
2890
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
710, by Senator Johnson, Senate Print 5770, an
act to authorize the Ascension Evangelical
Lutheran Church.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'm going to vote against this
2891
bill, as I will also vote against the other
proposed -- the other four or three proposed
tax assessment bills in which we are deviating
from the rule in New York that sets a taxable
status day for the establishment of real
property tax exemptions.
I suggested when we did this first
bill about three or four years ago that this
body would become the grand overseer of the
Long Island counties and their tax-exempt
status projects. And now I find that, true to
my belief, we've already done three or four
this year, we've got four more coming. I
would suggest we're going to start doing
chapters by the dozens, purely to rectify the
problem which exists in Nassau County,
apparently just Nassau County, for property
tax exemptions.
Mr. President, I point out that in
these proposals, and the other bills are in
there, there are instances of what I consider
attorney malpractice. There's one instance
where a property was purchased by a tax-exempt
organization and it wasn't actually filed with
the county clerk for a year later.
2892
It seems to me, Mr. President, my
prediction has come true. We're starting to
act more and more like the grand overseer of
property tax exemptions, for partial property
tax exemptions for religious and charitable
organizations, and we're absolving all these
attorneys who fail to file deeds and fail to
follow through with property tax exemptions,
we're absolving them of their malpractice.
Mr. President, these continuing
parade of bills call for a statewide change so
that local assessors will have the ability to
grant partial property tax rebates to
qualified organizations. Until we do a
statewide bill, Mr. President, my voice will
continue to rise in the negative on this bill
and I'll vote no on the others that are on the
calendar as well.
Thank you.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
2893
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
716, by Senator Skelos, Senate Print 6388, an
act authorizing the assessors of the Village
of Cedarhurst in the County of Nassau.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
717, by Senator Trunzo, Senate Print 6417, an
act in relation to authorizing the assessor of
the Town of Islip.
ACTING PRESIDENT MEIER: Read the
last section.
2894
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
718, by Senator Skelos, Senate Print 6620, an
act to authorize the assessor of the County of
Nassau to accept and consider.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
2895
is passed.
THE SECRETARY: Calendar Number
732, by Senator Spano, Senate Print 6068, an
act to amend the Vehicle and Traffic Law, in
relation to exempting flood and sandstorm
damage.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
817, by Senator Wright, Senate Print -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
819, by Senator Bonacic, Senate Print 6201, an
act making certain findings and
determinations.
ACTING PRESIDENT MEIER: There is
a home-rule message and a local fiscal impact
note at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
2896
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
841, by Senator Volker, Senate Print 6389, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
861, by Senator Paterson, Senate Print 1478,
an act to amend Criminal Procedure Law, in
relation to admissibility.
ACTING PRESIDENT MEIER: Read the
2897
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
865, by Senator Padavan, Senate Print 3124, an
act to amend the Criminal Procedure Law, in
relation to peace officer training.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
2898
THE SECRETARY: Calendar Number
877, by Senator Meier, Senate Print 6940, an
act in relation to adjusting certain state aid
payments.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
879, by Senator Stafford, Senate Print 7000,
an act to amend Chapter 698 of the Laws of
1996.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
899, by Senator Meier, Senate Print 7137A, an
act to amend the Welfare Reform Act of 1997.
2899
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
913, by Senator Leibell, Senate Print 6289, an
act to amend the Administrative Code of the
City of New York, in relation to member
contributions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
2900
Senator Velella, that concludes the
noncontroversial reading of the calendar.
SENATOR VELELLA: Mr. President,
before we go to the controversial calendar,
can you please call up Calendar Number 899,
which was laid aside inadvertently, I believe.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 899.
THE SECRETARY: Calendar Number
899, by Senator Meier, Senate Print 7137A, an
act to amend the Welfare Reform Act of 1997.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Velella.
SENATOR VELELLA: May we proceed
to the controversial calendar now.
ACTING PRESIDENT MEIER: The
2901
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
541, by Senator Hoffmann, Senate Print 6629,
an act to amend the Agriculture and Markets
Law, in relation to the definition of the term
"gross sales value."
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Hoffmann, Senator Duane has requested an
explanation of Calendar 541.
SENATOR HOFFMANN: Thank you, Mr.
President.
This bill is at the request of the
New York State Thoroughbred Breeders
Association. They would like proceeds from
the development fund to be applied toward the
gross income, so that people who are raising
thoroughbred horses and can fit within the
definition of agriculture will receive the
$10,000 agriculture threshold.
ACTING PRESIDENT MEIER: Does any
other member wish to be heard on this bill?
Read the last section.
2902
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
732, by Senator Spano, Senate Print 6068, an
act to amend the Vehicle and Traffic Law, in
relation to exempting flood and sandstorm
damage.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, Senator Paterson has requested an
explanation of Calendar 732.
SENATOR SPANO: Thank you, Mr.
President.
This bill was introduced after
talking to a couple of consumers who have
purchased vehicles in New York State from
licensed dealers and then were told that they
needed to wait up to six months for inspection
of those vehicles.
2903
What we are -- the original chop
shop, if you will, legislation that was passed
has been working very well. But what -- it
includes in New York State a dealer, for
instance, who goes out of New York State and
purchases 150 or 200 or 300 vehicles that were
mightily damaged in a sandstorm or a flood.
Those vehicles that are purchased
and brought into New York State have to go
through the same inspection procedures as a
salvage vehicle, as any other vehicle that
would be purchased by an insurance company
that maybe replaced a fender or replaced parts
to that vehicle.
What this legislation does
specifically is exempt those new vehicles,
vehicles that have not been titled before in
New York State, from the inspection procedures
of this statute, but keeps in place the
salvage vehicle identification so that
consumers will know they have in fact
purchased a vehicle that is a salvage vehicle.
But the dealers would have to attest to the
fact by signing a sworn affidavit that there
were no parts changed, that there were no
2904
components changed to this vehicle.
If the salvage vehicle, as a result
of the sandstorm or flood, would need to have
a major component replaced, like a computer or
other components, then it would be subject to
the inspection procedures.
What this does is streamline the
process, puts the consumers in New York State
who purchased these vehicles who are at an
economic disadvantage by putting money out,
purchasing -- paying a down payment and then
told: You've got to wait six months for an
inspection.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: The salvaged
vehicles that arose from the result of a
sandstorm or flood damage are not guaranteed
in spite of the fact that there may not be any
parts changed or even a sworn affidavit by the
automobile dealer. As a consumer protection
2905
security, it doesn't guarantee that there
wasn't damage to the actual car.
What Senator Spano's bill is
addressing isn't as much the consumer
protection problem, but a problem in the delay
of inspections, which he rightly points out is
an economic inconvenience to the buyer.
What I would like to suggest is
that we address that, that Senator Spano might
want to address that in legislation, maybe, if
necessary, mandating a particular time at
which the inspection must be completed and the
vehicle is then presented back to the
consumer.
But I think that the consumer
protection legislation that we have now, or at
least the credo of it that would compel there
to be an inspection, is even more manifest,
considering the fact that there was at least a
reasonable sense that there could have been
damage to the actual vehicle.
So I think that there is a real
issue that Senator Spano is addressing, but I
would favor the value of consumer protection
over the inconvenience to the consumer
2906
economically, with the caveat that there is a
cure, perhaps, in legislation that perhaps
Senator Spano would want to introduce that
would allow for a way in which the process
needs to be truncated.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 732 are
Senators Andrews, Connor, Dollinger, Duane,
L. Krueger, Onorato, Oppenheimer, Paterson,
Rath, Sampson, A. Smith, Stachowski, Stavisky,
Wright. Also Senator Mendez. Also Senator
Hevesi. Also Senator Brown. Also Senator
Farley.
Ayes, 41. Nays, 18.
ACTING PRESIDENT MEIER: The bill
is passed.
2907
THE SECRETARY: Calendar Number
817, by Senator Wright, Senate Print 5787, an
act to amend the General Municipal Law, in
relation to the purchase of farm products.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Wright, an explanation has been requested by
Senator Dollinger with regard to Calendar 817.
SENATOR WRIGHT: Thank you, Mr.
President.
The bill before you amends the
General Municipal Law, and it's to facilitate
the sale of natural produce and farm
vegetables, milk, et cetera, to school
districts, directly from the farmer to the
district.
This is an extension of several
bills that we've passed earlier this year -
or, excuse me, last session -- to facilitate
this process.
What you will find is that the bill
had its origins with the School Food Service
Association, the professionals who deliver
some 1.5 million meals a day to students
throughout this state. In turn, the changes
2908
in the statute were developed in conjunction
with State Ed and State Ag and Markets, so
that we're focusing on the proper area.
And, as you can see, it enjoys the
support from the Farm Bureau, because we're
facilitating the use of our largest industry
in the state.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Senator
Meier, will Senator Wright yield to one
question.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR WRIGHT: I will, Mr.
President. I heard him say one.
SENATOR DOLLINGER: Just one.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Through you,
Mr. President, this proposal eliminates the
Commissioner of Education's ability to control
these purchases by regulation, does it not?
SENATOR WRIGHT: It does, in
terms of this specific section which had a
2909
very specific requirement in it. We're
eliminating that requirement. It does not
preclude the Commissioner's generic right to
develop regulations for the governance of the
department.
SENATOR DOLLINGER: Thank you.
Through you, Mr. President, just
briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I appreciate
what Senator Wright is trying to do here. I
think that having local produce -- and it
talks about fish and eggs, dairy products,
juice, grains, and species of fresh fruit and
vegetables directly from New York producers -
is a great idea.
I do, however, think that the
removal of the Department of Education's
direct oversight of this regulatory process is
misplaced. And the reason for that is, Mr.
President, that we do have public bidding
laws, we do have requirements under those laws
that, in essence, require that the public look
to maximize the return to the taxpayer by
2910
finding the lowest, best-qualified bidder.
And I'm concerned that what this
suggests is that we will end up with local
suppliers for local school districts that will
have virtual -- well, I won't say monopoly
power, but that a traditional supplier will
become the sole-source supplier.
The other thing that I'm struck by,
Mr. President, is that this includes language
that says that "the items so purchased do not
exceed the market value of such items."
There's no protocol for determining the market
value, there's no way to enforce that
provision for market value.
I understand what Senator Wright is
saying, which is that, I assume, that the
price for these goods should not be beyond the
normal, accepted price for them in the
marketplace of a school district. But I quite
frankly think the language leaves a little bit
to be desired in attaining that goal.
The other thing is, Mr. President,
the final comment is that it says that all
producers and grocers who decide to sell to a
school district shall have equal opportunities
2911
to do so. I would suggest that's exactly what
our public bidding laws are for. The public
bidding laws codify a fair and even-handed
procedure so that any supplier or any producer
of these products will have an equal access
and equal opportunity to sell these goods and
commodities to the school district for the
best possible price.
Senator Wright's goal I think is a
laudable one, and one that we should use every
effort to try to promote the purchase of
New York's home-grown products by its local
school districts. I am afraid, however, that
this bill's removing of the Commissioner of
Education's ability to oversee the process and
this substitution of what I regard as weaker
language for the very strong language
contained in our public bidding laws, Mr.
President, suggests that as well-intentioned
and as important a goal as Senator Wright
seeks to attain here, Mr. President, I'm going
to reluctantly vote in the negative.
ACTING PRESIDENT MEIER: Does any
other member wish to be heard?
Debate is closed.
2912
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 817 are
Senators Dollinger, Duane, and L. Krueger.
Ayes, 57. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 732, Senate Print 6068,
and 861, Senate Print 1478.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative with regard to
Calendars 732 and 861.
The Secretary will continue to
read.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
2913
Mr. President. I'd request unanimous consent
to be recorded in the negative on Calendar
732, Senate 6068.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 732.
Senator Gentile.
SENATOR GENTILE: I too, Mr.
President, request unanimous consent to be
recorded in the negative on Calendar 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Gentile will be recorded in
the negative on Calendar 732.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
877, by Senator Meier, Senate Print 6940, an
act relating to adjusting certain state aid
payments.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President, if I could.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
2914
SENATOR DOLLINGER: I'm going to
vote in favor of this bill, Mr. President.
And the theory underlying this bill is
absolutely the correct one for the State of
New York.
As everybody knows, when a school
district receives an overpayment from the
state government, they demand it back in a
single year. If the state government owes you
money, they pay it back over a six-year
period. What Senator Meier's bill does is it
creates a both-ways situation. If they
overpay you, you've got six years to pay it
back. If they underpay you, you've got six
years to get it.
Mr. President, this is a good bill.
I would just encourage you that this is a bill
that not only helps Potsdam, but this bill
will help every school district in the state.
Let's treat them all fairly. Let's take the
Meier principle and put it in effect across
the state.
I'll be voting in the affirmative.
ACTING PRESIDENT MEIER: Senator
Hevesi.
2915
SENATOR HEVESI: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: I used to vote
in favor of all of these bills, Mr. President.
I have stopped doing that six or seven bills
ago because, while I agree with Senator
Dollinger that if a district is owed money or
the state is owed money that proper action
should be taken, we never seem to take the
corrective action necessary to prevent this
type of situation.
And I could overlook it still if
any one of these bills included interest
payments from the local school district back
to the State Education Department. So many
times we have local school districts that
request money errantly that they don't
deserve. For some reason SED -- and they
never correct this -- goes ahead and pays the
money.
When you add up the total number of
these claims, and I've done this in the past,
it's millions of dollars. No interest is paid
2916
back by the local school district to SED, to
the state. And that means that all of our
schoolchildren are shortchanged thousands and
thousands of dollars because no interest is
provided for.
I could even let that go a couple
of times if we corrected this problem. But
SED never corrects the problem. The oversight
is insufficient. And as a result, Mr.
President, I will be voting no on this bill.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Velella, that concludes the
controversial reading of the calendar.
2917
SENATOR VELELLA: Mr. President,
may we return to reports of standing
committees. I believe we have a report from
the Rules Committee.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills direct to third reading:
Senate Print 7355, by Senator
Fuschillo, an act to amend Chapter 33 of the
Laws of 2002;
And Senate Print 7356, by Senator
Marchi, an act to amend the Workers'
Compensation Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of
Rules Committee signify by saying aye.
2918
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report is accepted.
Senator Velella.
SENATOR VELELLA: Can we take up
Calendar 959 now, Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 959.
THE SECRETARY: Calendar Number
959, by Senator Fuschillo, Senate Print 7355,
an act to amend Chapter 33 of the Laws of 2002
authorizing the removal.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just on the
bill briefly, Mr. President. I'll waive the
explanation from Senator Fuschillo, if I can.
ACTING PRESIDENT MEIER: Senator
2919
Dollinger, on the bill.
SENATOR DOLLINGER: Thank you,
Mr. President.
My friend Senator Fuschillo comes
back to us with a technical amendment on this
critically important concept of the Roosevelt
School District. And I know, Senator, that
you and I have had different points of view on
this and its appropriate resolution.
The concern I have, Mr. President,
is with respect to the severability clause.
It was described to me in the Rules Committee
as a super-special severability clause. It's
designed to strengthen -- it's even in more
forceful language, quite frankly, than the
severability clause that usually accompanies
our statutes.
I would suggest, however, that
there is, from the point of view of what's
going on in the Roosevelt School District -
it seems to me that what Senator Fuschillo has
tried to do is, even though I've disagreed
with him, is put together a comprehensive
package that will aid this school district.
And it seems to me that to sever
2920
any portion of that comprehensive package
could be undercutting the very goal that
Senator Fuschillo's bill is trying to achieve,
that to allow a portion of the bill to be
severed off and to continue other portions of
the controls and the monitoring and, if
necessary, the replacement of the school
district -- it seems to me would defeat the
purpose, to allow a broad, an exceptionally
broad severability clause that may allow the
courts to in essence reform this legislation,
to take a piece out and at the same time
disrupt the comprehensive system that Senator
Fuschillo has attempted to achieve.
Mr. President, I'm concerned about
the extent of the severability clause. I
still believe that the solution to the
Roosevelt School District lies with a
different approach. And I'm going to vote
against this bill.
But I'm fearful that the broad
severability clause could lead to a situation
where the comprehensive package of reforms
that Senator Fuschillo has advocated for
consistently in this house, in the spirit of
2921
his predecessor, Norman Levy, may not actually
come to pass if we allow this broad
severability clause to enable the courts to
leave part of the package in place and remove
a portion of it.
I would suggest that what we would
need to do, Mr. President, if the courts
invalidate any portion of the entire proposal,
come back here, bring another comprehensive
approach back and allow this house to approve
it before we allow the courts to pull one
piece out and let this multilegged stool
perhaps crumble because one of its legs had
been removed by the court.
Mr. President, reluctantly, I'll
again be voting in the negative.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
2922
the negative on Calendar Number 959 are
Senators Andrews, Connor, Dollinger, Duane,
Hassell-Thompson, Paterson, Schneiderman,
A. Smith, and Stachowski. Also Senator Brown.
Ayes, 50. Nays, 10.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
732.
ACTING PRESIDENT MEIER: Without
objection, Senator Fuschillo will be recorded
in the negative on Calendar 732.
Senator Nozzolio.
SENATOR NOZZOLIO: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar Number 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Nozzolio will be recorded
in the negative on Calendar 732.
Senator Breslin.
SENATOR BRESLIN: Mr. President,
I would request unanimous consent to be
2923
recorded in the negative on Calendar 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Breslin will be recorded in
the negative on Calendar 732.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I too would rise to
request unanimous consent to be recorded in
the negative on Calendars 732 and 888.
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar 732.
And, Senator, Calendar 888 was
amended and hasn't been voted on yet.
SENATOR HASSELL-THOMPSON: Okay.
Thank you.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. I ask for unanimous consent to be
recorded in the negative on Calendar 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on Calendar 732.
Senator Liz Krueger.
2924
SENATOR LIZ KRUEGER: Mr.
President, I'd like unanimous consent to be
recorded in the negative on Senate 7355, the
bill we just discussed.
ACTING PRESIDENT MEIER: Without
objection, Senator Liz Krueger will be
recorded in the negative on Calendar 959.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I would also request unanimous
consent to be recorded in the negative on
Calendar 173, Senate 1263A.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 173.
Senator Stavisky, why do you rise?
SENATOR STAVISKY: Mr. President,
I wish unanimous consent to be recorded in the
negative on Calendar 173, Senate Bill 1263A.
ACTING PRESIDENT MEIER: Without
objection, Senator Stavisky will be recorded
in the negative on Calendar 173.
Senator Velella.
SENATOR VELELLA: Can we take up
Calendar 960.
2925
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 960.
THE SECRETARY: Calendar Number
960, by Senator Marchi, Senate Print 7356, an
act to amend the Workers' Compensation Law,
the Estates, Powers and Trusts Law, and the
Surrogate's Court Procedure Act.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Marchi, an explanation has been requested by
Senator Paterson.
SENATOR MARCHI: Hopefully this
bill clarifies certain provisions of the
New York State law in order to address issues
affecting the victims of the terrorist attack
on September 11.
It provides that the Workmen's Comp
Law does not permit insurance carriers to
assert a lien against awards made from the
Federal Victims Compensation Fund. It
provides that such carriers may not terminate
benefits which are being paid as a result of
the terrorist attacks if any individual files
a claim with the fund.
It provides liability protections
2926
for individuals who serve as personal
representatives. And the jurisdiction there
is as the Surrogate's Court determines.
All awards from the fund are exempt
from state and local taxes.
And domestic partners of victims of
the terrorist attacks are eligible for
distribution from the fund. And it provides
guidance for the federal special master in
determining awards and ensuring that the
distribution plan compensates the domestic
partners for the losses they've sustained.
So it has a broad base of support
among members of this body on both sides of
the aisle. I would trust that your major
concerns are met.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
2927
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Gonzalez.
SENATOR GONZALEZ: Yes, Mr.
President. May I have unanimous consent to be
recorded in the negative on Calendar Number
732.
ACTING PRESIDENT MEIER: Without
objection, Senator Gonzalez will be recorded
in the negative on Calendar 732.
SENATOR GONZALEZ: Thank you, Mr.
President.
SENATOR VELELLA: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, we
do, Senator.
SENATOR VELELLA: Can we take
care of that at this time.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: Mr. President,
on page 35 I offer amendments to Calendar
Number 680, Print Number 4137, and ask that
said bill will retain its place on the Third
Reading Calendar.
2928
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Santiago.
SENATOR SANTIAGO: I seek
unanimous consent to be recorded in the
negative on Calendar 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Santiago will be recorded
in the negative on Calendar 732.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes,
thank you, Mr. President. I request unanimous
consent to be recorded in the negative on
Calendar Number 732.
ACTING PRESIDENT MEIER: Without
objection, Senator Malcolm Smith will be
recorded in the negative on Calendar 732.
Senator Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
would you do me a favor and have the Secretary
give us an accounting of what the vote on
Calendar 723 is at this point.
ACTING PRESIDENT MEIER: Senator
2929
Paterson, the Secretary informs me that
Calendar 732 stands at ayes, 31; nays, 29.
Senator Velella.
SENATOR VELELLA: Mr. President,
there being no further business, I move we
adjourn until 3:00 p.m. tomorrow.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, May 7th, at 3:00 p.m.
(Whereupon, at 4:08 p.m., the
Senate adjourned.)