Regular Session - June 3, 2002
3842
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 3, 2002
3:40 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3843
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: With us this
afternoon to give the invocation is the
Reverend Larry Waye, from First Bible Baptist
Church, in Rochester.
REVEREND WAYE: Please join me in
prayer.
Almighty God and Heavenly Father,
thank You so much for this beautiful day that
You have blessed us with. Thank You for this
great republic that we have the privilege of
living in, all the freedoms and the rights
that we have.
Lord, this morning, this afternoon
I bring these members of the Senate before
You. I lift them up, and their families, to
You in prayer. I know that each one of them
spend much time from their families, and I
3844
just pray that You would bless the time that
they have together. I pray that it would be
quality time.
And this afternoon, Lord, in the
issues that they're going to discuss, debate
and vote upon, I pray, dear God, that You
would give them wisdom.
And may we all be reminded, Lord,
that each and every one of us is going to give
an account to You individually, and at that
point we're not going to be able to point the
finger to the other side of the room or anyone
else, but rather we're going to give an
account for the decisions that we made. May
they be decisions that You would be pleased
with.
In Christ's name I pray. Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, June 2, the Senate met pursuant to
adjournment. The Journal of Saturday, June 1,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
3845
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Volker, I wish
to call up his bill, Senate Print 3210B, which
was recalled from the Assembly, which is now
at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
315, by Senator Volker, Senate Print 3210B, an
act to amend the Real Property Tax Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
3846
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received, Senator Farley.
SENATOR FARLEY: Madam President,
I offer the following amendments to these
Third Reading Calendar bills:
Senator Seward, page 4, Calendar
16, Senate Print 4641B;
Senator Hoffmann, page 28, Calendar
659, Senate Print 4089B;
Senator Alesi, page 32, Calendar
Number 733, Senate Print 6324;
Senator Maltese, on page 61,
Calendar 1158, Senate Print 6855;
And also for Senator Maltese, on
page 61, Calendar 1154, Senate Print 6473A;
On behalf of Senator Lack, on
page 40, Calendar 882, Senate Print 2777A;
And on behalf of Senator Velella,
on page 49, Calendar 1008, Senate Print 7330;
3847
And on behalf of Senator Maltese,
on page 59, Calendar 1144, Senate Print 6101.
Madam President, I move that these
bills retain their place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received and adopted, Senator, and they
will retain their place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: I ask that they
be made at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 66,
Senator Volker moves to discharge, from the
Committee on Investigations, Taxation and
Government Operations, Assembly Bill Number
1473 and substitute it for the identical
Senate Bill Number 138, Third Reading Calendar
1259.
3848
And on page 66, Senator Velella
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11231 and
substitute it for the identical Senate Bill
Number 7428, Third Reading Calendar 1266.
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Lack. May we have the title read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Lack,
Legislative Resolution Number 5844, commending
Michael Kampel, D.M.D., upon the occasion of
his retirement from the Western Suffolk BOCES
Board of Trustees.
THE PRESIDENT: The question is
on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
3849
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
400, by the Assembly Committee on Rules,
Assembly Print Number 9446, an act to amend
the General Municipal Law, in relation to
authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
474, by Member of the Assembly Ortiz, Assembly
Print Number 2329, an act to amend the Labor
3850
Law, in relation to powers of the
commissioner.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Thank you, Madam
President.
This is a very, very good bill. In
fact, when Catherine Abate first introduced
this bill, I thought it was a terrific bill.
In fact, I thought it was such a good bill
that I decided to continue keeping the bill on
the agenda by sponsoring it myself.
So even though I don't remember
speaking with the sponsor about it during his
tenure on this side of the aisle, I am pleased
that a bill is going to pass that will be
helpful to the working women and men in
New York State.
So by all means, my colleagues on
3851
the other side of the aisle, you are always
more than welcome to take my bills.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
642, by Member of the Assembly Weisenberg,
Assembly Print Number 10601A, an act to amend
the Education Law, in relation to providing
teachers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
680, by Senator Larkin, Senate Print 4137A, an
3852
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law, in relation to compulsive
gambling assistance.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
792, by Senator Lack, Senate Print 6934, an
act to amend the Surrogate's Court Procedure
Act, in relation to compulsory accounting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect November 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
806, by Senator Johnson, Senate Print 1367, an
act to amend the Vehicle and Traffic Law, in
relation to limiting options.
3853
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
876, by Senator Skelos, Senate Print 6831A, an
act to amend the Education Law, in relation to
voting by residents.
SENATOR STACHOWSKI: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
925, by Senator Morahan, Senate Print 7267, an
act to amend Chapter 445 of the Laws of 2001.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
3854
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
957, by Senator Padavan, Senate Print 6908, an
act to amend the Real Property Tax Law, in
relation to exemptions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1024, by Senator Hannon, Senate Print 6928, an
act authorizing the assessor of the County of
3855
Nassau to accept an application.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1103, by Member of the Assembly DiNapoli,
Assembly Print Number 10685, an act to amend
the Environmental Conservation Law, in
relation to state fish and wildlife.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1135, by Senator Oppenheimer, Senate Print
Number 4826A, an act allowing John Vasta to
purchase retirement service credit.
3856
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1148, by Senator Maltese, Senate Print Number
6277, an act to amend the Retirement and
Social Security Law, Chapter 511 of the Laws
of 1988, amending the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1152, by Senator Maltese, Senate Print 6325,
an act to amend the Retirement and Social
3857
Security Law, in relation to employee
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1246, by Senator Saland, Senate Print 6270, an
act to amend the Public Authorities Law, in
relation to enabling the Dormitory Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
3858
is passed.
THE SECRETARY: Calendar Number
1248, by Senator DeFrancisco, Senate Print
6468, an act to amend the Civil Practice Law
and Rules, in relation to excluding.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1249, by Member of the Assembly Bacalles,
Assembly Print Number 10533, an act to amend
the Alcoholic Beverage Control Law, in
relation to exemption.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
3859
THE SECRETARY: Calendar Number
1254, by Senator Trunzo, Senate Print 7368, an
act to amend Chapter 268 of the Laws of 1989.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1259, substituted earlier today by Member of
the Assembly Smith, Assembly Print Number
1473, an act to amend the Alcoholic Beverage
Control Law, in relation to police officers.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1260, by Senator Wright, Senate Print 5207, an
act to amend the Public Service Law, in
3860
relation to increasing penalties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1261, by Senator Hoffmann, Senate Print 6606,
an act to amend the Real Property Tax Law, in
relation to real property tax exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
3861
THE SECRETARY: Calendar Number
1262, by Senator Balboni, Senate Print 7180,
an act to amend the Public Authorities Law, in
relation to water pollution control.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1263, by Senator Spano, Senate Print 7353, an
act to amend the Labor Law, in relation to
making a technical correction.
SENATOR PATERSON: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1265, by Senator Meier, Senate Print 7412A, an
act to amend the Social Services Law, in
3862
relation to irrevocable funeral services trust
funds.
ACTING PRESIDENT MEIER: Could I
ask members, if you're going to have a
conversation in the chamber, at least pretend
to whisper.
(Laughter.)
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1267, by Senator Marcellino, Senate Print
7434, an act to authorize the Society of
St. Vincent de Paul.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3863
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1268, by Senator Bonacic, Senate Print 7436,
an act to amend the Town Law, in relation to
the residency requirements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, could I just have unanimous consent
3864
to be recorded in the negative on Calendar
Number 1267.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative -- which calendar number,
Senator?
SENATOR DOLLINGER: 1267.
ACTING PRESIDENT MEIER: I'm
sorry. Without objection, Senator Dollinger
will be recorded in the negative on Calendar
1267.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: On page 40,
Calendar Number 876, by Senator Skelos, Senate
Print 6831A, an act to amend the Education
Law, in relation to voting by residents.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, Senator Paterson has requested an
3865
explanation of Calendar 876.
SENATOR SKELOS: Thank you, Mr.
President.
Last year Chapter 195 of the Laws
of 2001 was enacted as a result of a grand
jury investigation into voting fraud in the
city of Long Beach, concerning certain
absentee ballots delivered to and voted by
residents of nursing homes.
Chapter 195 was passed and signed
into law to ensure that all absentee ballots
received from nursing homes had been delivered
in a fair and bipartisan manner.
This bill is a technical amendment
to Chapter 195 to add election for BOCES and
library districts, and also would clarify that
the school board, for example, that is
conducting the election would be responsible
for the running of the election.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President, and thanks, Senator Skelos.
I just wanted to make sure this is
just a technical amendment to a chapter that
3866
we actually passed last year. Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1024, by Senator Hannon, Senate Print 6928, an
act authorizing the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, I'll waive the explanation and just
comment on the bill briefly. I know Senator
Hannon isn't here.
He's catching up in the scoreboard
for the property tax exemptions in Nassau
3867
County. He's on his way to challenge the
others who have put in a significant amount of
bills. Which is, I think, according to our
tabulation, we're up to 14 or 15 of these
bills.
This bill I think repeals the
property tax assessment rules. This is not a
late file bill that is years late, this is a
bill that was done last year. What we're
doing is we're completely repealing the state
law with respect to taxable status day for
real property tax assessments.
I've said this before; I'll say it
again. Senator Hannon has suggested there may
be a bill coming. Bring forth the bill.
Let's do it statewide. Let's not have a
Nassau County rule for partial property tax
exemptions. Let's have a statewide rule.
Think of the amount of money we
would save purely from not having to print
these bills, this being, according to my
analysis, our 17th real property tax partial
exemption bill that we've done this year.
Quite frankly, Mr. President, we're
wasting our time, we're wasting the time of
3868
the printer. What we ought to do is come up a
statewide partial property tax exemption bill,
a both-ways bill. Not hard to draft, not hard
to do. Could easily be done. And I'm sure,
like all of these partial property tax
exemption bills that we've done, would have
broad support in this chamber.
In fact, Mr. President, I would
suggest that I would be voting in the
affirmative. You wouldn't even have to listen
to me explain my negative votes. Do it for
that reason if no other.
Until then, Mr. President, I vote
no.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The 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: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
3869
is passed.
THE SECRETARY: Calendar Number
1148, by Senator Maltese, Senate Print 6277,
an act to amend the Retirement and Social
Security Law, Chapter 511 of the Laws of 1988,
amending the Retirement and Social Security
Law.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Maltese, Senator Hevesi has requested an
explanation of Calendar 1148.
SENATOR MALTESE: Mr. President,
this is an act to -
SENATOR MARCELLINO: Mr.
President -- excuse me, Senator.
SENATOR MALTESE: Sure.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Things are a
little bit unclear here. Could you announce
the results of the Calendar 1024 vote?
ACTING PRESIDENT MEIER: The
Secretary will announce the results with
regard to Calendar 1024.
3870
THE SECRETARY: In relation to
Calendar Number 1024: Ayes, 59, nays, 1.
Senator Dollinger recorded in the negative.
SENATOR MARCELLINO: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Maltese.
SENATOR MALTESE: Yes, Mr.
President.
This bill relates to a reduction in
retirement age for certain members and would
reduce the retirement age for Triborough
Bridge and Tunnel employees.
Basically this bill is an extender
which would extend for two more years, until
December 31, 2004, the application of
provisions for a reduced retirement age for
certain TBTA employees. It would allow those
employees hired between December 31st of this
year and December 31st of '04 who would be in
Tier 4 of the retirement system to retire at
age 55 and receive an unreduced retirement
allowance.
The current law expires on
December 31, 2002. That's why this bill is an
3871
extender that was agreed upon between the
negotiators for the union and the TBTA. It's
been in place for current hirees since 1988
and would extend the provisions for two more
years.
The only group covered by this
extender are the TBTA maintenance workers,
because bridge and tunnel officers already
have a twenty-year age 50 retirement.
I asked for a rough guess as to how
many people would be covered in that two-year
span. It would be approximately 500.
The bill is supported by D.C. 37
and indicates that the District 37 represents
approximately 350 TBTA laborers and
maintainers. And they speak about the
problems that are encountered by the
maintainers and the laborers as far as working
within the tunnels and inhaling all the bad
ventilation, the exhaust fumes, carbon
monoxide, carbon dioxide, and every other
hazardous material that our environmental
agencies would protect workers from.
So basically this is an element of
fairness. All TBTA maintainers and laborers
3872
have been covered by this since 1988. And
what we would propose to do is extend it for
two more years.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Will the sponsor please yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you. Just
a quick question about the cost.
I notice in your memo, Senator
Maltese, you've put about a quarter of a
million dollar price tag on that. That cost
presumably is picked up by the TBTA in
retirement benefits and health benefits and
what have you; is that correct?
SENATOR MALTESE: Yes, Mr.
President, that's correct.
That's an estimate based on the 500
new hirees that would be hired in the two-year
period we're talking about.
SENATOR HEVESI: Okay. Thank
3873
you, Mr. President. Will the sponsor continue
to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, will you yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: I have two quick
concerns. Maybe you can respond to them, if
you would.
The first is I'm concerned about
this putting pressure fiscally on the TBTA,
because ultimately the mass transit users in
and around New York City would be responsible
for any fare increases that might come as a
result of fiscal hardship on their part. And
now we're going to sanction a quarter of a
million dollar increase, which is going to be
more than a quarter of a million dollars in
subsequent years.
So let me take the first question
first and ask the sponsor whether or not the
TBTA is in a position to be able to
financially afford this legislation.
SENATOR MALTESE: Mr. President,
3874
I haven't examined all the books and records
and accounting records of the TBTA. But I
have to rely on the TBTA as an agency and
their negotiators with the union. They sat
down and agreed with the union that this
extender would be agreed upon and that it
would be extended for the two-year period.
So they're in the best position to
judge as to whether or not their budget would
provide for this -- the passage of this bill,
and they apparently decided that it would be
within their budgetary restrictions.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I appreciate that comment, though I
must say that to cross one of the TBTA bridges
now costs $3.50, which is outrageous. And
3875
it's been -- the cost of using TBTA facilities
for years has been way too much. And so that
must be as a consequence of their fiscal
planning. So I don't know if I take their
negotiations with the union as being a sign of
fiscal prudence on their part.
But let me ask you one other
question. And I may wind up supporting this
legislation.
I'm concerned that we will just
continue to extend this when this -- the
latest provisions of this bill on December 31,
2004, expire. Is there a limit to -- I mean,
why wasn't this done initially when the
legislation was first enacted in 1988 and '89?
Why was it not determined as
sufficient to provide the benefit for that
period of time? Why are we now going back and
allowing, you know, additional costs to be
attributed to the TBTA for these employees?
SENATOR MALTESE: Mr. President,
I don't believe it was my bill in 1988. But I
have to believe that at the time they presumed
that the working conditions would be improved
so that the passage of this bill would no
3876
longer be necessary.
The reason that this bill has been
in effect since 1988 is that the incidence of
cancer, lung disease, emphysema, and other
diseases that the TBTA maintainers and
laborers have encountered, instead of
remaining static, has indeed increased. So
they feel there's still a need for it at this
point in time for the next two years.
Hopefully, after the two-year
period, there may very well be some
improvement in the working conditions or an
improvement in the exhaust fumes of the
requirements, the environmental requirements,
as far as automobiles are concerned.
So I think as a matter of fact it
is a sign of fiscal prudence that we're only
extending it for two years rather than
permanently.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Mr.
President.
3877
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR HEVESI: Finally, Senator
Maltese, I'd just like to get your reaction.
The City of New York opposed the
initial enactment of this legislation in 1988
and 1989. They oppose it again today for a
variety of reasons, not the least of which is
that the city's position is -- and I find this
somewhat compelling -- that doing this reduces
the cost savings for non-Tier 1 members of the
retirement system and that this puts fiscal
pressure on the TBTA.
I'd just like to get your reaction.
Obviously you disagree with the City of New
York's position on this. I just like to get
your reaction to why it is that you disagree
with the city and believe that this
legislation is prudent and a wise thing to do.
SENATOR MALTESE: Mr. President,
I understand the Mayor and the City of New
York's position in that they, in the main,
oppose many of the pension and other
retirement benefits that we propose in this
house. And I understand they want to do it at
3878
the bargaining table.
At the same time, this is one
instance that I think they're ill-advised to
oppose this legislation, because in this
particular instance, as is not usually the
case, the TBTA has indicated to us that this
is an agreed-upon bill. They are the
negotiators with D.C. 37 for these members.
And as a result, this is a somewhat unique
situation and the city, though, is still
maintaining their present position of
opposition.
But I believe, and that's why I'm
the sponsor of this bill, that they should
rely on their negotiators in the TBTA and rely
on their opinion that they can in fact afford
this increment.
And by the way, certainly these
employees have indicated they merit such a -
the passage of such a bill, because of the
adverse working conditions they have. They
have a high turnover, they have one of the
highest turnovers. And I daresay no one
within the hearing of my voice would
appreciate working under the circumstances and
3879
conditions that they work under in the tunnels
of the -- under the -- in the City of New
York.
SENATOR HEVESI: Thank you. Mr.
President, would the sponsor yield to what I
promise will be the final question?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Through you, Mr. President. Are you aware of
any other employees whose work puts them in a
precarious situation healthwise, such as the
TBTA employees, who do not, under current law,
have the benefit that we will be affording
these TBTA employees?
ACTING PRESIDENT MEIER: Mr.
President, I do not have that at the tip of my
tongue. But I would be prepared to try to
supply that information to Senator Hevesi at
the earliest date possible.
SENATOR HEVESI: Thank you, Mr.
3880
President. I thank the sponsor for his
patience.
ACTING PRESIDENT MEIER: Any
other Senator wishing to be heard on the bill?
The debate is closed.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1249, by Member of the Assembly Bacalles,
Assembly Print Number 10533, an act to amend
the Alcoholic Beverage Control Law, in
relation to exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3881
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1259, substituted earlier today by Member of
the Assembly Smith, Assembly Print Number
1473, an act to amend the Alcoholic Beverage
Control Law, in relation to police officers.
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: Explanation,
please.
SENATOR VOLKER: Mr. President,
this is a kind of an interesting bill in one
way, because police officers have participated
in directing traffic and in providing security
at bingo and volunteer firemen picnics and so
forth, dating all the way back to the time
that I was a police officer. Except in my
day, all you had to do was make sure the chief
3882
said it was okay.
In 1978, I believe it was Louie
Lefkowitz, in one of his dumber opinions, if
you'll excuse me -- and I knew Louie. He was
a very nice fellow. But I think what happened
was that somebody said that maybe someplace
down in Long Island or someplace some cop did
something wrong or something. And therefore
he ruled, I think with virtually no particular
evidence to back it up, that police officers
were not, under the law, able to act as
security guards or direct traffic.
So -- nobody paid much attention to
it until suddenly there were some stories in
the paper. So I put in legislation. In the
meantime, everybody was doing it anyways. So
I put in legislation to technically legalize
it. In fact, the memo, this old memo that I
have here I believe is the original memo.
So in 1982, just before Hugh Carey
left, he vetoed it saying, well, police
officers -- he didn't know if they had the
authority. And in '84 and '85 -- and I told
Mario Cuomo at the time, I said: "Mario, this
is ridiculous. These people are -- all they
3883
do is direct traffic."
And in fact, this bill provides
more than they're doing at the present time,
because it says they have to have written
permission from the police authorities.
What's happening at the present time, then and
now, is that they just asked if it was okay
and as long as the chief agreed, they went
ahead and did it.
Well, I think the silly part of it
is to this day, even though this bill has been
vetoed, police continue to provide security at
various picnics and volunteer fire events and
so forth. They always have and they probably
always will. But technically, under that
opinion of the attorney general back in
1978 -- with very little, by the way, backup
of any kind -- they probably shouldn't.
Of course, I'm not exactly sure
what the penalty is for violating an attorney
general's opinion. I know it's not a
misdemeanor. And it's certainly not a felony.
In any case, what we're really
trying to do here is provide legalization of
something that everyone is doing, which makes
3884
a lot of sense.
The thing I think you should
remember is that police officers don't run
picnics; they can't. They can't have permits
for beer and liquor and all that sort of
stuff. But directing traffic is what they do
on a normal basis. And making sure that the
people don't create problems at picnics and at
various parties and so forth. Because if you
don't have them there, then when trouble
comes, then they've got to go there and arrest
people and all sorts of other things.
So if you really think of this,
this is not a complicated bill. It just says
that -- it gives authority to people who are
already doing what they're doing anyways, the
technical authority to participate in these
lawn fetes and so forth. Which they're
already doing now. And they're doing it in
the city of New York, they're doing it
everywhere.
And for a while, by the way, if
somebody complained, they would get -- the
police from the next jurisdiction would come
in. Because they weren't part of that other
3885
jurisdiction, and they said, well, this would
make it more legal. But everyone stopped
doing that years ago.
So what this bill really is is to
legalize something that's been going on for
about 60 or 70 years and to say that you have
to get the written permission of the local
police commissioner or chief. And that's
really what this bill does, when you come
right down to it.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield for a question?
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator Volker,
I think this is a very decent bill.
I do have one concern. If the
police officer is given permission, then, to
work in the capacity that you just mentioned,
what about the liability of the police
department itself in the event something
happens where the police officer, working not
3886
for the City of New York or whatever
municipality, is involved in something that
may have a cause of action for a libel suit of
some sort? Who would be responsible?
SENATOR VOLKER: The prime
liability would be the people who -- where he
is working.
But you should understand that a
police officer provides liability for any
municipality at any time, even if he's walking
down the street.
But the prime liability in this
case would be the people who are running the
picnic or whatever, because he is in effect
working for them.
Actually, as I say, it doesn't give
any additional liability, really, to the town
or village or whoever it is, because he is a
police officer. Which, by the way, is one of
the differences between a police officer and a
peace officer. Which makes quite a big
difference. It's why we don't make peace
officers police officers, unless they're all
thoroughly trained and that sort of thing.
But the truth is it really doesn't
3887
have a major impact on -- if they're going to
sue somebody, they're going to sue the people
that are running the affair anyways. And as
you and I know, you've got to have bonds and
all that stuff to do this stuff today anyways.
ACTING PRESIDENT MEIER: Any
other Senator wishing to be heard on the bill?
Senator Paterson.
SENATOR PATERSON: Mr. President,
if Senator Volker would yield for a question.
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: So, Senator,
from your answer to Senator Onorato -- and
that was exactly the pointed question I think
that needed to be asked here -- you don't see
a distinction between the police officer who
is considered an officer at all times and the
police officer who, rather than being in a
private situation off the job, even though he
or she is still a police officer, is now
acting in a capacity where they are
theoretically taking direction or having some
kind of subordinate work, that it would affect
3888
any kind of action taken against the
municipality?
I think that's why the New York
City Mayor's office and NYCOM have some
concerns on this bill. They're worried about
the liability, as Senator Onorato pointed out,
that would incur if there were any kind of an
incident.
But what you're saying, if I
understand you correctly, is that there's
really no difference between the officer's
status when the officer is not working as a
member of the New York City Police Department
or any other police department.
SENATOR VOLKER: First of all, I
didn't know that there was any concern by
anybody. Has somebody put out a message
against this bill?
Unfortunately, I guess NYCOM. I'm
glad to know that. Of course, we weren't
notified of that. But that's not unusual.
I think that they ought to look at
the standards for police officers and at the
fact that if something happens at a volunteer
firemen's affair or something and the police
3889
officer from the very village or town comes to
take care of it and this lawsuit ensues
because of that, they can sue the town
anyways, and the village.
I mean, the problem is if you're a
police officer, you're a police officer. So
my attitude on that is I don't see where
you're extending the liability a great deal.
Personally, I think that that's the
kind of silliness that I think some of our
municipalities get into today. And I guess
you should ask NYCOM how many of their
municipalities are allowing this to happen.
And the answer is practically just about every
one, I think.
So I really don't think that it has
any momentous impact on liability.
ACTING PRESIDENT MEIER: Any
other Senator wish to speak on the bill?
The debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3890
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1263, by Senator Spano, Senate Print 7353, an
act to amend the Labor Law, in relation to
making a technical correction.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, Senator Paterson has requested an
explanation of Calendar 1263.
SENATOR SPANO: Mr. President, a
couple of years ago the Secretary of State had
gone through a process of evaluating the use
of plastic pipes in New York State as a part
of the codes in New York State.
What we did last year was pass a
bill, that was basically referred to as the
Plastic Pipes Bill, that restored the statute
back to prior to when the regulations were
passed.
What we found out after we passed
that bill was that the City of New York had
3891
passed its own regulations that were more
restrictive than the state code. What we did
with this bill was make the City of New York
basically the same code as it was before the
passage of their regulations.
SENATOR PATERSON: Thank you, Mr.
President. On the bill.
Being that New York City,
particularly the Borough of Manhattan, has
unusually high skyscrapers and there were some
concerns about testing and the viability of
plastic piping, they were interested in having
an exemption. In this case they were
accommodated by Senator Spano.
And therefore, this debate is
closed. You might want to read the last
section.
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, 61.
3892
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino, that completes
the calendar.
SENATOR MARCELLINO: Mr.
President, do you have a substitution at this
desk?
ACTING PRESIDENT MEIER: Yes, we
do.
The Secretary will read the
substitutions.
THE SECRETARY: On page 5,
Senator Saland moves to discharge, from the
Committee on Rules, Assembly Bill Number 7347
and substitute it for the identical Senate
Bill Number 3434, Third Reading Calendar 67.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
3893
the Majority Conference Room.
SENATOR MARCELLINO: The Senate
will stand at ease pending the Rules Committee
report.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 4:24 p.m.)
(Whereupon, the Senate reconvened
at 5:49 p.m.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR MARCELLINO: The Senate
will stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
3894
(Whereupon, the Senate stood at
ease at 5:50 p.m.)
(Whereupon, the Senate reconvened
at 6:11 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, there's a report of the Rules
Committee at the desk. I ask that it be read
at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1353, by Senator
Trunzo, an act to amend the Workers'
Compensation Law;
5769A, by Senator Saland, an act to
amend the State Finance Law;
6089, by Senator Wright, an act in
relation to legalizing;
3895
6818, by Senator DeFrancisco, an
act to amend the Agriculture and Markets Law;
7218, by Senator Maziarz, an act to
amend the Real Property Tax Law;
7365, by Senator Balboni, an act to
amend the Civil Rights Law;
7400A, by Senator Skelos, an act to
amend the Criminal Procedure Law;
7408, by Senator Stafford, an act
to amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
7441, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
7453, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
7456A, by Senator Velella, an act
to amend the Education Law and others;
7459, by Senator Rath, an act to
ratify, legalize and validate;
7506, by the Senate Committee on
Rules, an act to amend Chapter 69 of the Laws
of 2002;
And Senate Print 7513, by the
Senate Committee on Rules, an act to amend the
Election Law.
3896
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee, Mr.
President.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1269.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1269.
THE SECRETARY: In relation to
Calendar Number 1269, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11541 and substitute it
3897
for the identical Senate Bill Number 7506,
Third Reading Calendar 1269.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1269, by the Assembly Committee on Rules,
Assembly Print Number 11541, an act to amend
Chapter 69 of the Laws of 2002.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
3898
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1282.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1282.
THE SECRETARY: Calendar Number
1282, by the Senate Committee on Rules, Senate
Print Number 7513, an act to amend the
Election Law, in relation to making special
provisions.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
3899
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No
3900
housekeeping, Senator.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Tuesday, June 4th, at 11:00 a.m.
And there will be a conference of
the Majority at 10:30 a.m. on June 4th.
ACTING PRESIDENT MEIER:
Conference of the Majority, 10:30 a.m.
tomorrow.
Senator Paterson.
SENATOR PATERSON: Mr. President,
with your permission, I would like to remind
the members of the Minority that there will be
a conference of the Minority at 10:30 a.m.
tomorrow morning.
ACTING PRESIDENT MEIER:
Conference of the Minority, 10:30 a.m.
tomorrow morning.
On motion, the Senate stands
adjourned until Tuesday, June 4th, at
11:00 a.m.
(Whereupon, at 6:15 p.m., the
Senate adjourned.)