Regular Session - June 5, 2002
4106
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 5, 2002
11:13 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask all present to stand and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy, I would ask all to bow our
heads, that we may have a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 4, the Senate met pursuant to
adjournment. The Journal of Monday, June 3,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
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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 Stafford,
Madam President, on page 36 I offer the
following amendments to Calendar 814, Senate
Print 3820A, and I ask that that bill retain
its place on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR FARLEY: On behalf of
Senator McGee, Madam President, on page 64 I
offer the following amendments to Calendar
1296, Senate Print 7351, and I ask that that
bill retain its place.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
4109
Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Marchi, I wish to call up
his bill, 4004, which was recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
60, by Senator Marchi, Senate Print 4004, an
act to amend the Public Authorities Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
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are there any substitutions at the desk?
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 63,
Senator Maziarz moves to discharge, from the
Committee on Finance, Assembly Bill Number
2145A and substitute it for the identical
Senate Bill Number 3175A, Third Reading
Calendar 1286.
And on page 64, Senator Farley
moves to discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 10040A and substitute it
for the identical Senate Bill Number 6707A,
Third Reading Calendar 1293.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
Resolution 5830, by Senator Bonacic, was
adopted on May 31st. If we could have it read
in its entirety at this time and then
recognize Senator Bonacic.
ACTING PRESIDENT McGEE: The
Secretary will read.
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THE SECRETARY: By Senator
Bonacic, Legislative Resolution Number 5830,
commending the Valedictorians, Salutatorians,
and honored students of the 40th Senate
District, in recognition of their outstanding
accomplishments, at a celebration to be held
at the State Capitol on June 5, 2002.
"WHEREAS, It is the sense of this
Legislative Body to act in accord with its
longstanding traditions to honor the youth of
today -- the leaders of tomorrow -- whose
character and achievements best exemplify the
ideals and values cherished by this great
State and Nation; and
"WHEREAS, This Legislative Body is
justly proud to recognize and commend the high
achievements of these dedicated students in
the 40th Senate District on the occasion of a
special celebratory visit to be held at the
State Capitol in Albany, New York, on
Wednesday, June 5, 2002. At this time the
Valedictorians, Salutatorians and honored
students who have been selected by their
school leadership for outstanding community
service will receive special recognition from
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the Senate in the Senate chamber. Lunch will
be served on the third-floor terrace of the
Legislative Office Building, followed by a
tour of the Capitol Building; and
"WHEREAS, These Valedictorians,
Salutatorians, and honored students represent
the best of developed potential inherent in
our most precious resource, our youth, and
their achievements have brought enduring honor
to their families and communities, and should
be recognized and saluted; and
"WHEREAS, The Valedictorians who
are being commended today for their
outstanding academic performances and
exemplary achievements include: Melissa Cole,
Heather Muller, Ashley Hopkins, Lia Blue,
Candice Hunt, Stefan Janiszewski, Matthew
Matson, Jason A. White, Jing Zhao, Sarah
Dickens, Erin Buel, Andria Dolce, Sophig
Majeed, Katrina Charysyn, Richard T. Clausi,
Rosario Lee, Jarad Bivins, Justine Allen,
Michael Caravello, Erin Garry, Kaitlin Rawluk,
Luisa Vesely, Timora Hartwig, Brian Ricks,
Rachel Gillis, Elizabeth Blaufox, Joseph
Carrubba, Dana Schildkraut, Katie M. Peletz,
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Jonathan Becker, Christopher Justus, Matthew
Pomes, Sandra Jude C. Calkiris, Colleen Krom,
Colleen Fowler, Duncan McLechlen, Corrina
Partridge, Ben Morgenstein, and Jordan Woods;
and
"WHEREAS, The Salutatorians who are
being commended today for their outstanding
academic performances and exemplary
achievements include: Jessica DeVita, Kristin
Skelly, Gillian Wheat, Crystal MacClintock,
Thomas Russo, Daniel Rochmis, Sean Greggory,
Janice E. Brodmerkel, Jessica Green, Austin
Daniel, Heather Hamalainen, Jennifer Ryan,
Victoria Joyce, Alison Nixon, Karen E. Corey,
Alan Knack, Ashley Hoag, Ariel Ammirato, Jason
Thelamy, David Lu, Karen Kinnaman, Stephanie
Hunt, Jonathan Vosper, Katie Harris, Cindy
Springman, Bridget Mayer, Caitlin Graham,
Darcie J. Rich, Stacey Benge, Jason White,
Megan Gorzynski, Jonah Christopher DiPane,
Emily Moore, Rebecca Darling, Courtney Stanton
and Celeste Larsen; and
"WHEREAS, The honored students who
are being commended today and who have been
selected by their school leadership for
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outstanding community service include: Tracey
Brown, Rachele Hall, Diane Rider, Krista Hall,
Matt Maxey, Michael J. Swope, Corey Huber,
Johanna Powell, Kelly Gardner, Shanon M. Hart,
Jaycob Burns, Kaitlin Schleiermacher, Maria
Yearwood, Michael Staub, Sean Cunningham,
Jessica Lake, Susan Cuttita, John Cichon,
Michael Sellitti, Kristen A. Tucker, Sarahjo
Bell, Rhina Saravia, Kevin McCarthy, Robert
Leslie, Anthony Wayne, Jean Ellen Dymond and
Elizabeth Breese; and
"WHEREAS, These Valedictorians,
Salutatorians and honored students may now
stand with pride as they assess their
achievements, experience the satisfaction of
their labors and the joy of their
accomplishments, eager to face the new
experiences of a challenging world; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend the
Valedictorians, Salutatorians and honored
students of the 40th Senate District, in
recognition of their outstanding
accomplishments, at a celebration to be held
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at the State Capitol on June 5, 2002; and be
it further
"RESOLVED, that copies of this
resolution, suitably engrossed, be transmitted
to the aforementioned Valedictorians,
Salutatorians and honored students."
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
I would ask my colleagues on both
sides of the aisle to welcome 101 students
today from 37 school districts that are our
valedictorians, salutatorians, and honored
students. And that honored student is someone
who has been picked who's made a major
contribution to either the school or the
community. They're joined by parents,
teachers, and friends, 215 of them.
The youth that are here today
represent the best of the best in our Senate
district. And we are hopeful and we expect
them to be the leaders and role models of the
next generation.
Mostly all of them are going to
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college, and we wish them well. And we thank
them for coming today and sharing their time
in this day which is dedicated to you.
Thank you very much, Madam
President.
ACTING PRESIDENT McGEE: On
behalf of the New York State Senate, we join
Senator Bonacic in saying congratulations to
our future leaders of New York State and
America. Congratulations.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, I believe there's another
privileged resolution by Senator Bruno. Can
we have the title read and move for its
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
legislative resolution paying tribute to the
life and accomplishments of Daniel X.
Campbell, dedicated spokesperson for the
Capital Region CSEA members for nearly 30
4117
years.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there is another privileged
resolution, Number 5940, by Senator Stafford.
Can we have the title read and move for its
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Stafford, Legislative Resolution Number 5940,
congratulating the Clinton County Youth Bureau
upon the occasion of the 50th Anniversary of
the Clinton County Baseball Program.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
4118
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there is another privileged
resolution, Number 5941, by Senator Leibell.
We'd like to have the title read and move for
its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 5941,
honoring Reverend Ted Nace upon the occasion
of his designation as recipient of the
Founder's Award by the Mizzentop Day School.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
4119
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there is still another privileged
resolution, Number 5942, by Senator Leibell.
I ask for its title to be read and move for
its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 5942,
honoring Mae Greene upon the occasion of her
designation as recipient of the Community
Service Award by Mizzentop Day School.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
4120
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, at this time may we have the
noncontroversial reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
251, by Member of the Assembly Robach,
Assembly Print Number 906A, an act to amend
the Vehicle and Traffic Law, in relation to
regulating the use of motorcycles.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
309, by Member of the Assembly Morelle,
Assembly Print Number 2130A, an act to amend
the Real Property Tax Law, in relation to
authorizing counties.
ACTING PRESIDENT McGEE: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1039, by Senator Bruno, Senate Print 2372 -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1257, by Senator DeFrancisco, Senate Print -
SENATOR MARCELLINO: Madam
President, excuse me. Could you lay Calendar
Number 1257 aside for the day.
ACTING PRESIDENT McGEE: 1257
will be laid aside for the day.
THE SECRETARY: Calendar Number
1278, by Senator Stafford, Senate Print 7408,
an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law, in relation to
payment.
4122
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1283, by Senator McGee, Senate Print 870, an
act to amend the Vehicle and Traffic Law, in
relation to requiring school bus.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1284, by Senator McGee, Senate Print 1167, an
act to amend the Vehicle and Traffic Law, in
relation to providing.
4123
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1285, by Senator Wright, Senate Print 1328A,
an act to amend the Tax Law, in relation to
the definition of residential purposes.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1286, substituted earlier today by Member of
the Assembly Robach, Assembly Print Number
2145A, an act to amend the Executive Law, in
4124
relation to the duties of the State Workforce
Investment Board.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1287, by Senator McGee, Senate Print 4068, an
act to amend the Vehicle and Traffic Law and
others, in relation to standards.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
4125
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1288, by Senator Leibell, Senate Print 5603A,
an act to amend the Retirement and Social
Security Law, in relation to service.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1289, by Senator Brown, Senate Print 5780, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4126
ACTING PRESIDENT McGEE: Senator
Brown.
SENATOR BROWN: Thank you, Madam
President.
I just wanted to take a moment to
speak on the bill and thank my colleagues in
advance for their support of this piece of
legislation.
Reverend Dr. Bennett W. Smith was
the pastor of St. John Baptist Church. He
passed away a little over a year ago. But he
was a towering figure in the Buffalo/Niagara
region.
He was active in many community
projects. He built housing in the community.
He fed hungry people in the community. And he
built one of the strongest religious
organizations in the Buffalo/Niagara region.
He kind of established faith-based
organizations before we even coined the term
"faith-based organization."
He is someone that our community
sorely misses. And by this Legislature
honoring his memory today, it gives the people
of the Buffalo/Niagara region cause to say
4127
thank you very much for this honor of Reverend
Dr. Bennett W. Smith. Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Brown.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1290, by Senator Maziarz, Senate Print 6024A,
an act to amend the General Municipal Law, in
relation to paid leave.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
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ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1291, by Senator McGee, Senate Print 6339, an
act to amend Chapter 558 of the Laws of 1999,
relating to establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1292, by Senator Bonacic, Senate Print 6503,
an act to change the jurisdiction of the Civil
Service Commission.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4129
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1293, substituted earlier today by Member of
the Assembly Destito, Assembly Print Number
10040A, an act to amend the Public Officers
Law, in relation to limiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1294, by Senator Spano, Senate Print 6793, an
act to amend the Executive Law, in relation to
relation to the appointment.
ACTING PRESIDENT McGEE: Read the
4130
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1295, by Senator Wright, Senate Print 7139A,
an act to amend the Vehicle and Traffic Law,
in relation to the issuance.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
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1297, by Senator Trunzo, Senate Print 7415A,
an act to amend the Uniform District Court
Act, in relation to allowing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1298, by Senator Saland, Senate Print -
SENATOR MARCELLINO: Lay it aside
for the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1299, by Senator Saland, Senate Print 7442, an
act to amend the Penal Law, in relation to
obstructing.
ACTING PRESIDENT McGEE: Read the
last section.
4132
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Marcellino, that completes
the noncontroversial reading of the calendar.
SENATOR MARCELLINO: Madam
President, may we have the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
251, by Member of the Assembly Robach,
Assembly Print Number 906A, an act to amend
the Vehicle and Traffic Law, in relation to
regulating the use of motorcycles.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested by
Senator Hevesi.
SENATOR KUHL: Madam President,
4133
could I ask who asked for that?
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR KUHL: Senator Hevesi
asked for the explanation, okay.
Senator Hevesi, this is a bill
that's just very simple in its intent. It's
intended to prohibit the enactment of local
laws that might discriminate against
motorcycles and motorcyclists.
What we're finding is that there's
an increased usage of this mode of
transportation now, to the point that there
are millions of people across this country who
are using this as a mode of transportation.
And if local ordinances are allowed to exist
to prohibit their usage in the normal
transition, then in fact they've eliminated a
mode of transportation for a growing segment
of our society.
You will note, however, that in
fact this bill does not limit localities from
prohibiting certain types of ordinances that
would deal with things like noise. So that
it's not a total prohibition on that, it's
4134
just meant to say, hey, here's a means of
transportation, in fact like a car or a
bicycle or whatever. Don't try to limit their
usage of the highways, because they should be
as accessible to the men and women who are
using these today as any other mode of
transportation.
And I should say one thing further,
Senator. There is federal legislation that
this is meant to actually follow. So what
we're doing is just putting federal
legislation in place for this state and
prohibit ordinances in localities at the state
level from doing anything that would
discriminate against this mode of
transportation.
ACTING PRESIDENT McGEE: Senator
Hevesi, why do you rise?
SENATOR HEVESI: Madam President,
would the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield?
SENATOR KUHL: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
4135
SENATOR HEVESI: Thank you.
Could you expand on the last
comment? What are the federal regulations
that we need to be in compliance with?
SENATOR KUHL: I'm not saying
that we need to be in compliance with. I'm
just saying this monitors or mirrors federal
accessibility legislation.
There is, as I understand it, a
discrimination statute on the books on the
federal level, but it doesn't necessarily
apply to local villages, towns, and cities.
So what we're doing is just mirroring that
kind of nondiscriminatory language that
already exists at the federal level.
SENATOR HEVESI: Madam President,
would the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield, Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Just to be clear -- and I may wind
up supporting this, let me preface my
4136
comments -- but there is currently, under
federal law, a prohibition on restricting
motorcycle use on roadways that receive
federal funding in any capacity?
SENATOR KUHL: That prohibits?
SENATOR HEVESI: Yeah. Is there
a federal regulation right now, existing under
current law, that would do what your bill does
but do it for federally financed roadways?
In other words, is there a law
right now that says you cannot prohibit just
motorcycle use on any roadway that utilizes
federal funding?
SENATOR KUHL: That's my
understanding, Senator. I'm not so sure it's
totally tied to these federally supported -
or federally funded highways. That I don't
have in my knowledge.
I've been told by counsel that in
fact this mirrors federal legislation.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
4137
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HEVESI: Thank you, Madam
President.
I'm not trying to split hairs here.
In fact, I wasn't even going to pursue this
line of questioning, but now you've got me
curious.
If it's not limited to highways and
roadways that use federal funding, it would
seem to be that would have to then apply to
state roadways or local roadways too, which
would seem to make this legislation
unnecessary. So can you just clarify that for
me?
SENATOR KUHL: Well, I'm told
that this legislation is necessary, Senator.
I just didn't want to tell you something that
I didn't know to be factually correct.
You may be factually correct in the
statement that you made. I just don't know
that.
SENATOR HEVESI: Okay. Madam
4138
President -- Mr. President, will the sponsor
continue to yield?
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
SENATOR KUHL: Yes, Mr.
President.
SENATOR HEVESI: Let me make sure
I understand exactly what you're doing here
correctly.
If I'm a locality or if I'm the
head of a locality, am I allowed to ban
motorcycle use if this bill becomes law? Can
I ban motorcycle use on a state-funded roadway
because I deem it to be a noise problem for a
local community?
SENATOR KUHL: You cannot
prohibit the use of a vehicle on that type of
highway, no. What you can do is restrain the
use of any vehicle that would exceed, say, a
noise level.
So I assume that if a motorcycle
per se was set up so that it exceeded a
decibel-level noise, then you would
effectively prohibit the usage of that
particular vehicle. But you cannot
4139
generically prohibit the use of motorcycles
because you think a small percentage of them
may be louder than the noise level that you
want to set.
So what this law does is prohibits
municipalities from prohibiting usage to a
class of transportation. But it does not
limit a municipality's ability to be able to
control the noise levels.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
SENATOR KUHL: Yes.
SENATOR HEVESI: The purpose of
this legislation, it's just intuitively we
must be facing a situation here that you're
trying to correct where some localities are in
fact banning motorcycle use on state-funded
roadways. What is the reason why those
municipalities are doing that? What is their
stated purpose of doing it? Is it a safety
issue that we should be concerned about?
SENATOR KUHL: No, I don't think
it's that at all, Senator. I think,
4140
unfortunately, there's a stereotype that
occurred years ago, prior to your actual
birth, a grouping of people called the Hell's
Angels, who really were notorious back in the
'40s, '50s, and '60s.
The people who ride motorcycles
today are not the people who were then the
Hell's Angels. You have people like the
sponsor of this piece of legislation in the
Assembly, Assemblyman Joseph Robach, who owns
a motorcycle.
I happen to own a Harley myself and
like to ride. Okay? And I have a Harley
leather jacket. Now, certainly I don't think
I fit the type of a Hell's Angel.
But there are some communities who
in fact view people who ride motorcycles still
today as being awful people and people that
they don't want to have coming into their
community.
Now, certainly the community of
Lake George, just a short hour from here,
which is hosting an event called Americade,
where they expect 50,000 motorcyclists to come
into that community, they certainly would not
4141
enact legislation that would prohibit the use
of this, because they're estimating that
that's a multi-million-dollar investment into
that economy.
And that's the point of this
legislation, is don't allow any community to
stereotype a mode of transportation because of
some past experience decades ago. And that's
why we're passing this bill, and that's why we
think it's necessary.
But we're not trying to, again,
eliminate the concerns that a community might
have relative to the noise that this mode of
transportation might create a problem in that
community.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
SENATOR KUHL: Yes, I'd be happy
to.
SENATOR HEVESI: Thank you.
I'd be comfortable voting for this
legislation if I were satisfied that there is
no municipality or locality in New York State
4142
that has banned motorcycle use on state-funded
roadways for safety reasons.
Is it not possible or conceivable
that there could be a particular road that is
too dangerous for a motorcycle to navigate in
some way? Is that not possible?
SENATOR KUHL: I don't believe
so, Senator.
I can tell you, it's interesting -
and I would offer to you this is an experience
that you should really undertake. The State
of New York, several years ago, adopted a
policy of providing motorcycle training. It's
a policy that they're joined in by the
American Motorcycle Association. And actually
the former commissioner of transportation
actually went through this program, as did I.
It's a training program that's
developed that you spend 20 hours learning how
to ride a motorcycle, whether you have ridden
before or whether you haven't. And it's a
shortcut, if you will, to getting your
license.
And what you will find out very
quickly is that the whole basis of this
4143
program is to teach safety. It's aimed at
statistical information, like half of the
motorcycle accidents that occur in this state
occur because the person that you have the
accident with, or the other vehicle, never
sees you. So always be on the defensive.
They teach you how to go over
railroad tracks, they teach you how to go
through power slides. They teach you every
way of operation. But nowhere in that
training program is there any indication that
there's any highway over which a car travels
over which a motorcycle cannot travel.
So my point to you, very simply, is
there's no highway in this state that is
unsafe for a motor vehicle to travel.
As a matter of fact, I like to ride
on highways that other vehicles don't like to
ride on, because it's more serene, it's
quieter, it's more peaceful, and usually it's
much more entertaining and relaxing to me.
And I think you would find the same thing were
you to entertain that new mode of
transportation.
SENATOR HEVESI: Mr. President,
4144
would the sponsor continue to yield?
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
SENATOR KUHL: I'd be happy to.
SENATOR HEVESI: Thank you, Mr.
President.
Correct me if I'm wrong, but I
recall in the debate that you and I had that
you had stated that you did not believe that
the use of helmets were in any way more likely
to prevent injury in individuals who were
riding motorcycles. I'm just curious, is the
transportation safety program that you just
cited, do they subscribe to that thought also?
SENATOR KUHL: They subscribe
totally to compliance with the law, Senator.
And the law in this state requires a
safety-approved helmet.
I wear a helmet, coincidentally,
just for your information.
So, yes, they recommend that you
use that because of compliance with the law.
Also that in fact in some cases it may save a
head injury.
SENATOR HEVESI: Mr. President,
4145
one final question, if the sponsor would
continue to yield.
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
You're being most gracious. Do you continue
to be gracious?
SENATOR KUHL: Yes.
ACTING PRESIDENT BONACIC:
Senator Hevesi.
SENATOR HEVESI: Are my questions
so painful that his responses -
SENATOR KUHL: I didn't think so,
Senator.
(Laughter.)
SENATOR HEVESI: Just to clarify
one final time, and that will be that.
To your knowledge, there are no
municipalities in New York State that have
banned motorcycle use on state-funded roads
for safety purposes?
SENATOR KUHL: Not to my
knowledge, no.
SENATOR HEVESI: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT BONACIC:
4146
Senator Hevesi, on the bill.
SENATOR HEVESI: Thank you. I am
very satisfied with the sponsor's answers. I
will be supporting this bill.
ACTING PRESIDENT BONACIC: Thank
you.
Any other Senator wishing to speak?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield to
a question.
ACTING PRESIDENT BONACIC:
Senator Kuhl, will you yield to a question?
SENATOR KUHL: Yes.
SENATOR LIZ KRUEGER: I listened
to the dialogue and the debate, and I guess I
have an additional question, and I'm confused.
If there is no municipality that is
currently outlawing the use of motorcycles for
safety purposes, what are the laws that
municipalities have on the books now that
specifically discriminate against motorcycle
riders? What is this bill attempting to
redress at the state level?
SENATOR KUHL: Senator, what I
4147
said in response to Senator Hevesi's question
was my knowledge is that there is no
municipality in this state who has tried to
eliminate the use of motorcycles for safety
reasons. Okay? And that is to the best of my
knowledge.
I cannot tell you what laws in fact
are in place in every municipality across the
state. I can tell you that one of the
concerns certainly was how is that group known
as the New York State Association of
Localities, or whatever it happens to be -
what was their opinion. And they don't oppose
the bill.
I mean, obviously, this might be
considered to have a definite impact on what
their authorities and responsibilities were.
But they don't oppose the bill because they
don't see anything detrimental to this,
because there is that exception. If there is
a noise problem with certain types of cycles
that maybe exceed certain levels of that
noise, they can still prohibit that usage.
But they are recognizing, I think,
as a society, as an association, that in fact
4148
this is a new mode of transportation.
It's a very cheap mode of
transportation, too, when you think about the
cost of one of these being anywhere from, say,
3 figures -- five, six, seven, $800, up to the
very high-end motorcycles, twenty, thirty,
$40,000. But yet there's very little use of
gasoline. They don't use a lot of fuel back
and forth over long terms of miles.
So they're recognizing, I think,
that what they're seeing on the streets, back
and forth on the highways for various places
at work, is that more and more people actually
are using motorcycles as a real neat way of
transportation.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would yield for an
additional question, please.
ACTING PRESIDENT BONACIC:
Senator Kuhl, do you continue to yield?
SENATOR KUHL: Yes.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the explanation, Senator Kuhl.
I'll rephrase, I think, my first
question. Are there any laws on the books in
4149
any municipality today in New York State that
this law would override? Or are we talking
about the state passing a bill that
potentially precludes some issue in the
future, as opposed to there are municipalities
today who have laws on the books, this would
usurp their authority to continue that law?
SENATOR KUHL: I can only answer
that with regard to my knowledge. I am not
aware, in the course of drafting this bill and
my having it being brought to me by the
American Motorcycle Association
representatives, that in fact there is any law
currently on the books that this would
supersede or make illegal.
I think it's the greater fear that
in fact as more and more people start to use
this as a mode of transportation, that in fact
there will be some attempts in some areas to
try to limit that usage.
And their desire, because of what
they've seen in other states, is that other
states have been willing to accept and adopt
this kind of legislation, that in fact they
want to move ahead and make sure that their
4150
users, their subscribers, their members in
fact don't get inhibited in their usage of
this mode of transportation.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill, if I
may.
ACTING PRESIDENT BONACIC:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you
so much.
I appreciate Senator Kuhl's
position. My concern is that why do we need
legislation at the state level that sets
requirements or limits the opportunities of
municipalities to deal with issues if they
arise, and that rather we should wait until
there is a time when in fact we have heard
complaints based on localities passing laws
that we would argue are not acceptable from a
statewide purpose.
And that the role of the
Legislature should not be establish laws
precluding localities from options for
themselves in advance of anyone having any
examples of a locality having something on the
4151
books that we would argue from a state
perspective is bad public policy for the
state.
I would think that most of us in
this room would agree in most situations, if
there's not a problem or it's not, quote,
broken, we don't need to fix it. And so far
today, I have not heard any argument that
there is a problem at the local level that we
need to fix through this legislation.
So I believe that I need to vote no
on this bill, because I don't see the reason
to have this legislation at this point in
time.
And while I would conceivably
accept that New York City, my city, is
probably least likely to rush forward
mandating local laws around motorcycles, I
would also raise the point that if you have
driven on the streets of Manhattan,
particularly the trafficked avenues, you can
see all kinds of dangers and safety concerns
involved with motorcycles perhaps, again, not
following the traffic laws correctly but
zigzagging out of traffic, creating lanes that
4152
don't actually exist on crowded avenues, and
putting themselves at risk, pedestrians at
risk, and other drivers at risk.
So while I'm not saying that today
I would support a local law for New York City
limiting the use of motorcycles without
knowing more about the issue, I would argue
that from my own experience in my own city
that there are additional hazards in crowded,
congested streets, such as on Manhattan
Island, to having motorcycles.
But nonetheless, again, my argument
today for needing to vote against the
Senator's bill is I don't see something that
needs to be fixed by the State Legislature at
this point. So I will vote no on this bill.
Thank you very much, Mr. President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Krueger.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Thank you,
Mr. President.
Senator Krueger, I would only say
to you: Welcome to June in Albany, in the
State Senate.
4153
This bill encapsulates what we're
probably going to do -- at least in the ten
years I've been here, we've done a lot in
June. This bill is addressing a problem that,
with all due respect to Senator Kuhl, who says
"I don't know whether the problem exists, but
this is the solution. We've got the answer."
And I would suggest that what we do
oftentimes in June is we solve hypothetical
problems and we attack issues that might
someday happen. We have no evidence that this
is a problem, but this is the solution.
And I would suggest that this is
what we do a lot in June in the State Senate,
Senator Krueger. And you will find that there
will be a whole bunch of bills that we do this
way that are about potential problems,
potential issues.
I think Senator Kuhl's got a good
point, which is if there were a specific
issue, I would suggest that we simply solve
the problem. If it's a problem with, I think
as Senator Hevesi was concerned about, maybe
excess noise or other restrictions in
Manhattan or in the congested urban areas,
4154
then I would say let's do a bill that exempts
the City of New York, gives them some control.
But unfortunately, Senator, this is
what we do a lot of in June. We attack
hypothetical problems. We come up with
solutions that in the long run will only
create potentially future problems.
I'm always in a quandary about how
to vote on a bill like this. Hypothetically,
it makes reasonable sense. I guess I'm going
to take my vote, cast it hypothetically as
yes, and be satisfied.
But this will not be the last one
of these that you see, Senator Krueger. I
guarantee it.
ACTING PRESIDENT BONACIC: Thank
you, Senator Dollinger.
Does any other Senator wish to be
heard on this bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT BONACIC: Call
the roll, please.
4155
(The Secretary called the roll.)
ACTING PRESIDENT BONACIC:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 251 are
Senators Duane, L. Krueger, and Padavan.
Ayes, 54. Nays, 3.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1039, by Senator Bruno, Senate Print 2372, an
act to amend the Vehicle and Traffic Law, in
relation to the disqualification of a bus
driver.
ACTING PRESIDENT BONACIC:
Senator Paterson.
SENATOR PATERSON: Mr. President,
I'd just like to put into the record that
we've debated this bill several times. Last
year, the bill passed with five "no" votes.
They were Senators Duane, Montgomery,
Santiago, Schneiderman, and Stavisky.
ACTING PRESIDENT BONACIC: Thank
you, Senator.
Last section, please.
4156
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1039 are
Senators Duane, L. Krueger, and Stavisky.
Also Senator Hassell-Thompson. Ayes, 53.
Nays, 4.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1278, by Senator Stafford, Senate Print 7408,
an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law, in relation to
payment.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT FUSCHILLO:
Senator Stafford, an explanation has been
requested.
SENATOR STAFFORD: I was asked to
4157
introduce this bill. And off-track betting, I
voted for it in the Legislature. I do not
attend too many of the -- or visit too many of
the parlors, because every time I do I lose.
But we have a board of directors.
We have a board of directors. And in two
instances right now, we have county -- one
county supervisor and one county legislator
which serves on this board. They're
competent. They know what's going on. And I
think they do a good job on the board.
Now, the directors receive $250 per
meeting. And they can't exceed, for a year,
$2,500. Therefore, we would like to make it
possible for, if you're a legislator or you're
a supervisor, to receive this compensation.
Now, let me explain something. We
have all sorts of people who work in the
public sector who are legislators, and they
get paid. My friends, teachers, people in the
law enforcement -- well, law enforcement, I
guess it would be people who serve in the
departments throughout the state, various
departments. They are also county
legislators. They're supervisors. And by the
4158
way, they're some of the best supervisors and
some of the best legislators. But they also
get paid for the job that they have.
As far as a conflict of interest, I
think it's just the opposite. I like to have
a member of the legislature of the county
there finding out what the OTB board is doing,
because of course this revenue comes into the
county.
I hope I've explained it well, and
I certainly would be more than happy to answer
any questions. Thank you.
ACTING PRESIDENT FUSCHILLO:
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, just on the bill.
Senator Stafford, I think you've
explained it right on the, as they would say
in Rochester, on the schnozzola. You've hit
this thing right on the nose.
SENATOR STAFFORD: That's what
they say in Plattsburgh.
SENATOR DOLLINGER: That's what
they say in Plattsburgh. It must be catching.
Unfortunately, Senator Stafford,
4159
the effect of this is to in part repeal the
prohibitions about double-dipping that we put
in the 1996 law.
And I understand the interest of a
member of the county legislature sitting on
the OTB board. But I think what we decided to
do in the mid-nineties was to eliminate the
possibility that someone would be wearing both
hat and be compensated from the public payroll
in both capacities.
And I appreciate the fact that this
may not seem like a lot of money, expenses and
a per diem. But at the same time, I believe
that our instinct in the mid-1990s was the
right instinct.
And I am afraid that this kind of
action, even given the circumstances which you
relay -- which I think have justification in
the sense that a county legislator should sit
on the OTB board -- my concern is that from
the public's point of view the participation
and service on the OTB board is an extension
of their duties as a member of the county
legislature.
And I believe that we should have a
4160
single rule that says in those instances
double-dipping would not be allowed.
I oftentimes worry about the
slippery slope. Sometimes I get the sense
that it's real slippage; other times, I'm not
as concerned. In this instance, I see us
moving away from the ideal that we put in
place in the mid-nineties. It was the right
thing to do then.
And despite those potential
problems that you talk about, and I understand
they're real, I still believe that we should
abide by a general, broad rule that says no
double-dipping in these instances.
So I'm going to vote no.
ACTING PRESIDENT FUSCHILLO: Any
other Senator wish to be heard on this?
The debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
4161
the negative on Calendar Number 1278 are
Senators Dollinger, Duane, L. Krueger,
Onorato, Paterson, A. Smith, and Stachowski.
Ayes, 50. Nays, 7.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Stavisky, why do you rise?
SENATOR STAVISKY: Did you record
me as no?
ACTING PRESIDENT FUSCHILLO: You
will be recorded in the negative.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT FUSCHILLO:
Senator Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Yes, Mr.
President, I would request unanimous consent
to be recorded in the negative on Calendar
1039, Senate 2372, as well as Calendar 1278,
Senate 7408.
ACTING PRESIDENT FUSCHILLO:
Without objection, Senator Schneiderman will
be recorded in the negative.
SENATOR SCHNEIDERMAN: Thank you.
THE SECRETARY: Calendar Number
1283, by Senator McGee, Senate Print 870, an
4162
act to amend the Vehicle and Traffic Law, in
relation to requiring.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, an explanation has been
requested by Senator Duane.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, the present law
requires that a motor vehicle operator
involved in an accident or violating traffic
laws to submit to a breath test if requested
to do so by a police officer. This bill
amends the Vehicle and Traffic Law to require
that all drivers, all drivers involved in an
accident involving a school bus which results
in serious physical injury or fatality, to
submit to a chemical breath test.
We know by seeing reports on
television, by seeing reports in the
newspaper, that on many occasions when you
have a school bus accident it's a very
4163
chaotic, tragic scene. And sometimes, through
the chaos, a request for a Breathalyzer test
is not given. Through nobody's fault, but it
just unfortunately doesn't happen.
So this bill says it is mandatory
that anytime a school bus is involved in an
accident that all drivers involved in that
particular accident will be required to take a
breath test.
ACTING PRESIDENT FUSCHILLO:
Senator Marcellino, why do you rise?
SENATOR MARCELLINO: If the
Senator would suffer an interruption. I
apologize.
There will be an immediate meeting
of the Higher Education Committee in the
Majority Conference Room, please.
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
Senator McGee.
SENATOR MARCELLINO: I apologize,
Senator.
ACTING PRESIDENT FUSCHILLO:
4164
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield?
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you yield for a question?
SENATOR McGEE: I certainly will.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Has there been a
case when a bus driver who's been engaged in
an accident where there was a death or serious
physical injury just drove away without
getting a Breathalyzer test?
SENATOR McGEE: I don't know of
any, Senator Duane. I have not researched the
records for an answer to that.
This bill only states that that
will not occur. By passing this bill and
putting it on the books, it will be mandatory
for every driver involved in a school bus
accident, to all drivers involved in school
bus accidents, to take a Breathalyzer test.
Has there been a case in point
where it's not been done? I really can't tell
you. I suspect it may have. But to point out
4165
a specific incident, I can't do so.
SENATOR DUANE: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT FUSCHILLO: Mr.
President to you, Senator Duane.
Senator McGee, do you yield?
SENATOR McGEE: Thank you, Mr.
President. Yes, I do.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR McGEE: Yes.
ACTING PRESIDENT FUSCHILLO: The
Senator yields for your question.
SENATOR DUANE: I'm having
trouble -- there's a lot of interruptions and
talking.
ACTING PRESIDENT FUSCHILLO:
Senator Duane -
SENATOR McGEE: I will try to
talk as loud as I possibly can, Senator Duane.
Can you hear me now?
SENATOR DUANE: Yes, thank you.
SENATOR McGEE: Okay. Thank you.
SENATOR DUANE: Thank you.
4166
Through you, Mr. President, if the sponsor
would continue to yield.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: So is the point
of this bill to punish police officers who are
not administering these Breathalyzer tests?
SENATOR McGEE: Oh, dear. I
certainly hope that you don't read it that
way, Senator Duane.
The purpose of this bill is to make
sure that there's public safety any time a
school bus is involved. Public safety meaning
that any driver, school bus driver or whoever
drives the other vehicle or vehicles involved
in an accident, where there is an accident
with serious physical injury or a fatality to
submit to a mandatory breath test. And I,
sir, would call that public safety.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield?
SENATOR McGEE: I certainly do.
4167
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Well, what
happens now when a police officer doesn't
administer a Breathalyzer test where there's
been a death or serious injury?
SENATOR McGEE: I'm sorry?
ACTING PRESIDENT FUSCHILLO:
Senator Duane, will you ask your question
again, please? Thank you.
SENATOR McGEE: I'm sorry,
Senator Duane, I couldn't hear you.
SENATOR DUANE: Well, I'll speak
louder.
SENATOR McGEE: Thank you.
SENATOR DUANE: What happens now
when a police officer does not administer a
Breathalyzer test when there's been death or a
serious injury to a child?
SENATOR McGEE: I would suspect
that there is not any kind of a violation
issued to the individual, because there is not
a breath test taken.
This bill would say that a breath
test must be taken at any time a serious
4168
injury or fatality happens in a school bus
accident.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield?
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: What is the
punishment for a police officer who does not
administer a Breathalyzer test?
SENATOR McGEE: I don't know as
there's any punishment, Senator Duane. I have
not checked on that. I certainly can look
into it if you'd like me to. That might be a
little difficult to do, but I'd be more than
happy to do it for you.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield?
4169
SENATOR McGEE: Yes, I do.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Are police
officers in some places in the state not
trained to give a Breathalyzer test when a
child has been killed or seriously injured in
a bus traffic accident?
SENATOR McGEE: I think if you
will recall during my support of the bill,
sir, that it is quite frequently, any time
there is a school bus accident, it is a
chaotic scene. And many times that request is
not made by that police officer.
This bill again, I will state,
makes it mandatory. It is not necessary for
the police officer to physically request it.
It is mandatory that those drivers will be
submitted to a Breathalyzer test.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield?
SENATOR McGEE: I certainly will.
4170
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: I did hear the
sponsor say that many times when there's
chaos, the Breathalyzer test may not be
administered. I'm wondering if there are
statistics to back up the claim that this
happens many times.
SENATOR McGEE: I don't believe
that I said that the -- I don't believe I said
it quite that way, Senator Duane. I think I
said many times the request for a Breathalyzer
test is not given because it is chaotic and
sometimes tragedies occur.
Unfortunately, that does happen.
Do I have statistics on it? No, I'm sorry, I
do not have statistics on it. I don't know
where they would even show up to be able to
try to find them.
But in any event, this bill, again,
makes it mandatory for all drivers, all
drivers involved in a school bus accident to
submit to a mandatory, mandatory Breathalyzer
test so that -- thereby resolving or relieving
the police officer from having to make that
4171
request.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Are there many
examples of bus drivers or others involved in
accidents with school bus drivers leaving the
scene of an accident and thereby not getting a
Breathalyzer test? Are they fleeing from
these accidents and the police are not running
after them?
SENATOR McGEE: I don't believe I
can quote any figures for you, Senator Duane.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
SENATOR McGEE: Yes.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, do you continue to yield.
SENATOR McGEE: I certainly do.
4172
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Who requested
this bill?
SENATOR McGEE: I suspect
probably that I requested the bill. But the
bill is supported by the Medical Society of
New York State and the School Boards
Association.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: Yes, I do.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Are there any
groups that are in opposition to this bill?
SENATOR McGEE: I have not
received any opposition, sir.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
4173
Senator McGee, will you yield for a question?
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: Are any of the
law enforcement unions in support of this
bill?
SENATOR McGEE: I have not
received any word from them. But I would
suspect that they would be in support of it,
because it relieves that police officer from
having to physically ask each individual to
take a mandatary Breathalyzer test.
This makes it mandatory. They
don't have to ask anymore. They'll have to do
it.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: I will. I will,
thank you.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
4174
SENATOR DUANE: How is this bill
going to be enforced?
SENATOR McGEE: Well, once it
becomes law -- the bill is effective once it
becomes law, sir, the first day of September
after it's signed into law, and enforced. It
just automatically becomes enforced anytime
there is an accident. Or anytime there is an
accident that involves a school bus and any
driver, Senator Duane, the law enforcement
agent automatically will say "You must take a
Breathalyzer test." That will just become a
part of the Vehicle and Traffic Law.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: I certainly will.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: And I understand
that this will become law. But how will we
know that police officers are administering
the test? Who will be in charge of making
4175
sure that the law is followed?
SENATOR McGEE: I would assume,
Senator Duane, that that becomes a part of
anything that a law officer, a law enforcement
officer attending any kind of an accident,
does. Such as speaking with the individuals
who are involved in the accident, such as
noting if there are any treadmarks or any
screeching tire marks, noting if there was
somebody who was in the wrong lane, et cetera,
et cetera. The various things that anybody
does.
And I'm not a law enforcement
agent, sir, and I cannot tell you exactly the
checkoff list that each one of those law
enforcement agent people do. But I realize
that there is a checkoff list. Mandatory
breath tests should be one of them. And when
we pass this law, it will become so.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: Yes, I do.
4176
ACTING PRESIDENT FUSCHILLO: The
sponsor yields.
SENATOR DUANE: I'm sorry, did
the Senator say that there is or there is not
a check list after a bus accident, a school
bus accident?
SENATOR McGEE: I'm not sure -- I
did say checkoff list. I'm not sure that I
said that there was one. I am not a police
officer, sir. I have seen vehicle and
accident reports. I know that there are
certain forms that one has to fill out. I
assume that -- I just arbitrarily called it a
checkoff list, I'm so sorry. If you have a
more appropriate name, you certainly can give
it to me. But I would assume that that would
take the place of a checkoff list.
SENATOR DUANE: Through you, Mr.
President, if the sponsor will continue to
yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: I do, thank you.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
4177
SENATOR DUANE: The sponsor
mentioned that she assumes that this bill
would be enforced in a certain way. I'm just
wondering what makes the sponsor assume that
that's what would happen.
SENATOR McGEE: Well, let me say
this, Senator Duane. I believe it's, again,
my understanding -- and you certainly can
correct me if I'm wrong -- that when a bill is
passed in both chambers and signed by the
Governor and set into law, that is then sent
to the appropriate agency, so that that -- how
that bill is then put into the -- whatever
that bill calls for is put into action, then
that appropriate agency will take the proper
steps to ensure that that bill is taken care
of in the way that the legislation was meant.
And that's about the best I can
tell you on that, sir.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: I certainly will,
4178
thank you.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: What agency would
this bill be sent to?
SENATOR McGEE: Well, I'm
assuming, again, that -- again, an assumption,
sir. We can track it if you'd like to. But I
assume it would be sent to the division of law
enforcement. It would go to the state police
or actually, probably, the motor vehicle
department, because it amends the Vehicle and
Traffic Law. So I suspect it would be sent to
the appropriate committees or agencies, those
being two of them.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you yield for a question?
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR DUANE: I'm assuming that
the sponsor was referring to the Department of
4179
Criminal Justice. However, would it also be
sent to local law enforcement agencies around
the state?
SENATOR McGEE: I believe that
local law enforcement agencies throughout the
state get a little book that's called the law
of the DMV, the DMV laws. And they probably,
if I recall -- perhaps I'm wrong. I'm not
exactly sure what the process is. But each
time a law is amended or approved and sent
out, that is put in their Vehicle and Traffic
Law books.
So I assume that that will be sent
out throughout -- because it becomes a state
law, that it will be sent to every law
enforcement agency within the State of
New York.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you continue to yield for
a question?
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT FUSCHILLO: The
4180
Senator yields.
SENATOR DUANE: I'm wondering why
the sponsor decided that the way to go with
this is to make a law instead of requiring
training for police officers.
SENATOR McGEE: I would assume
again, Senator, that -- I put the bill in
because I'm concerned about public safety as
it applies to school buses. And my feeling is
that if there is a bus accident, if there is a
school bus accident involving other vehicles
that has a serious injury or fatality, then
there should be a law out there that makes it
mandatory that both drivers or all drivers
involved in that accident should have a
Breathalyzer test.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, will you continue to yield for
more questions?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
4181
SENATOR DUANE: And so am I
correct to assume, then, that officers are
either not being trained to have the driver
submit to a Breathalyzer or are callously
disregarding the -- doing that because they
don't want to catch drunk drivers?
I still don't understand why it is
that a police officer -- I still don't
understand why it is that we're assuming that
police officers would not be providing a
Breathalyzer test when a child dies in a bus
accident.
SENATOR McGEE: In most cases -
and I believe I said this before, Senator -
in most cases, the police officers do make
such a request. But in many cases when there
is a school bus accident and there is serious
injury involved in it, a fatality, perhaps
that request is not made at that time, through
the chaotic tragedy that's being experienced.
This makes it mandatory. This will
be sent down so that every individual knows
this.
SENATOR DUANE: On the bill, Mr.
President.
4182
SENATOR McGEE: On the bill.
SENATOR DUANE: I have not heard
nor do I believe that police officers are so
careless as to not give a Breathalyzer test to
a driver when a child is seriously injured or
killed. In fact, I don't believe that even if
a child is not killed or seriously injured, if
there's any injury at all, or even if there is
no injury at all, that when there's an
accident involving a school bus that police
officers are not smart enough to administer an
alcohol or a drug test.
We've heard the accusation made
that police officers sometimes don't because
the situation is so chaotic. I don't believe
that. I know lots of police officers who
don't -- who I can't imagine that they would
not give a Breathalyzer test. I could think
of cases where a driver might refuse to take a
Breathalyzer test, but I cannot conceive of a
case where a police officer would refuse to
administer a Breathalyzer test.
We've been provided with no
statistics backing up that police officers
don't provide this test. If that were the
4183
case, I don't think we need to legislate that.
I think that's a training matter. I can't
believe that this is not part of a police
officer's training, that when children on a
school bus are involved in an accident that a
Breathalyzer test would not be administered.
I think that we do our law enforcement people
a tremendous disservice to assume that they
don't do it and to have to put it into law.
I think even -- and if law
enforcement people were not providing
Breathalyzer tests, I think it's completely
ridiculous, then, to not put some kind of
punishment in the law if they're not doing it.
But this law actually doesn't even say what
would happen if a police officer doesn't do
it, although I don't think that they're not
doing it. So this whole bill is, I think,
just completely ridiculous.
I trust the police officers in this
state to do the right thing and administer a
Breathalyzer test if a child is dead or is
killed or seriously injured in an accident. I
think this is just, you know, a bill that, you
know, makes it seem like we're tough on drunk
4184
driving or something. But then we should get
tough on the drunk driver. We shouldn't get
tough on the police officers or assume that
they're stupid or negligent in how it is that
they do their job.
And even if we did assume this,
which I am not, then the way to go is
training, not just passing a law that has no
teeth in it. So I'm going to protest this way
to legislative and vote no.
ACTING PRESIDENT FUSCHILLO: 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 on the first day of
September.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
4185
1284, by Senator McGee, Senate Print 1167, an
act to amend the Vehicle and Traffic Law, in
relation to providing.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
SENATOR HASSELL-THOMPSON:
Explanation.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
ACTING PRESIDENT FUSCHILLO:
Senator Hassell-Thompson, you asked for an
explanation?
SENATOR HASSELL-THOMPSON: Yes,
please.
ACTING PRESIDENT FUSCHILLO:
Senator McGee, Senator Hassell-Thompson has
asked for an explanation of the bill.
SENATOR McGEE: Thank you very
much.
This bill would add to the Vehicle
and Traffic Law that operation of a motor
vehicle during a permanent license revocation
for DWI, DWAI, driving under the influence of
drugs, or a chemical test refusal offense
4186
shall constitute aggravated operation of a
motor vehicle in the first degree, a Class E
felony.
Present law defines this offense as
aggravated operation of a motor vehicle in the
second degree, which is considered a
misdemeanor.
This bill also would require
permanent driver's license revocation for a
person convicted of a refusal to submit to a
chemical test or any DWI, DWAI, or driving
while impaired by drugs violation and who has,
within the last five years, been twice
convicted of any DWI, DWAI, or driving while
impaired by drugs or refusal to submit to a
chemical test or who has, within the last ten
years, been three times convicted of any DWI,
DWAI, or driving while impaired by drugs or
refusal to submit to a chemical test.
Currently, a permanent license
revocation is issued only in cases where there
are two convictions of alcohol- or
drug-related crashes involving personal injury
or death. There are currently no provisions
for a waiver in the permanent license
4187
revocation.
This bill would allow for waiver of
the permanent revocation after a period of ten
years unless the person has had four
alcohol-related incidents in a five-year
period or five incidents within a ten-year
period.
This bill is supported by the
Comprehensive DWI Reform Coalition, Empire
State Restaurant and Tavern Association,
MADD -- which stands for Mothers Against Drunk
Driving -- Century Council, Stop DWI,
Distilled Spirits Council, the New York State
Drinking Driver Program Directors Association.
I would point out to you that this
bill is basically an attempt to keep repeat
drunk drivers off the road. And I would cite
for you an example that has happened just
recently within my own district where a young
man who was home on leave and his girlfriend
were in fact hit by a woman and killed while
she was drunk driving. This was one of her
several offenses. The young lady died. The
young man died. She was buried in her
graduation gown because the accident took
4188
place three days before graduation. She was
buried in her graduation gown with her diploma
with her.
It's time that New York State moved
to take the repeat offender off the road.
This is one of those bills that will do that.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT FUSCHILLO:
Explanation satisfactory.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR OPPENHEIMER: Mr.
President.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Oppenheimer, why do you
rise?
SENATOR OPPENHEIMER: Is this the
4189
appropriate time? I'd like to strike an
enacting clause.
May I proceed at this time?
Oh, it's at the end of
housekeeping. Thank you very much. I got the
answer.
ACTING PRESIDENT FUSCHILLO:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT FUSCHILLO: Yes,
there is.
But before we do that. Senator
Andrews?
SENATOR ANDREWS: I request
unanimous consent to be recorded in the
negative on Calendar 1039.
ACTING PRESIDENT FUSCHILLO:
Without objection, Senator Andrews will be
recorded in the negative.
SENATOR MARCELLINO: Please
recognize Senator Montgomery.
ACTING PRESIDENT FUSCHILLO:
Senator Montgomery, why do you rise?
4190
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 1039.
ACTING PRESIDENT FUSCHILLO:
Without objection.
Senator Marcellino.
SENATOR MARCELLINO: Can we now
clean the house.
ACTING PRESIDENT FUSCHILLO:
Senator Oppenheimer.
SENATOR OPPENHEIMER: On page
number 56, I offer the following amendments to
Calendar Number 1134, Senate Print 4820, and
ask that the said bill retain its place on the
Third Reading Calendar.
Also, if I may, Mr. President, I
move that the following bills be discharged
from their respective committees and be
recommitted with instructions to strike the
enacting clause: Senate Number 4798.
ACTING PRESIDENT FUSCHILLO: On
the first one, the amendments are received and
adopted, and the bill will retain its place on
the Third Reading Calendar.
And on the second one, so ordered.
4191
SENATOR OPPENHEIMER: Thank you.
ACTING PRESIDENT FUSCHILLO:
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President. On behalf of Senator LaValle, on
page number 5 I offer the following amendments
to Calendar Number 39, Senate Print Number
6043A, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT FUSCHILLO: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Saland, on page number 33 I
offer the following amendments to Calendar
Number 759, Senate Print Number 6979, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT FUSCHILLO: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator McGee.
4192
SENATOR McGEE: Mr. President, on
behalf of Senator Fuschillo I wish to call up
Calendar Number 699, Assembly Print 4955.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
699, by Member of the Assembly Sweeney,
Assembly Print Number 4955, an act to
authorize.
SENATOR McGEE: I now move to
reconsider the vote by which this Assembly
bill was substituted for Senator Fuschillo's
bill, Senate Print Number 2586, on 4/24.
ACTING PRESIDENT FUSCHILLO: The
Secretary will call the roll upon
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR McGEE: I now move that
the Assembly Bill Number 4955 be committed to
the Committee on Rules and that Senator
Fuschillo's Senate bill be restored on the
order of the Third Reading Calendar.
ACTING PRESIDENT FUSCHILLO: So
ordered.
4193
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT FUSCHILLO:
Thank you, Senator McGee.
SENATOR McGEE: I offer the
following amendments.
ACTING PRESIDENT FUSCHILLO: The
amendments are received, Senator.
SENATOR McGEE: Thank you.
ACTING PRESIDENT FUSCHILLO:
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
I'd just like to make an
announcement for all the members. We expect
to shortly be calling a Rules Committee
meeting that will report out a significant
bill which we will take up on the floor.
In the interim, we will be at ease.
ACTING PRESIDENT FUSCHILLO: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 12:30 p.m.)
(Whereupon, the Senate reconvened
at 12:39 p.m.)
4194
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
SENATOR SKELOS: Stand at ease.
ACTING PRESIDENT FUSCHILLO: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 12:40 p.m.)
(Whereupon, the Senate reconvened
at 12:55 p.m.)
ACTING PRESIDENT FUSCHILLO: The
Senate will come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to the reports of
standing committees.
I believe there is a report of the
Rules Committee at the desk. I'd ask that it
4195
be read at this time.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 7536, by the Senate
Committee on Rules, an act to amend the State
Law.
ACTING PRESIDENT FUSCHILLO:
Senator Bruno.
SENATOR BRUNO: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT FUSCHILLO: All
in favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FUSCHILLO:
Opposed, nay.
(No response.)
ACTING PRESIDENT FUSCHILLO: The
ayes have it. The report is accepted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
4196
1302.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
1302, by the Senate Committee on Rules, Senate
Print Number 7536, an act to amend the State
Law, in relation to the creation of
Congressional districts.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT FUSCHILLO: Yes,
there is.
SENATOR BRUNO: I move that we
accept the message.
ACTING PRESIDENT FUSCHILLO: All
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FUSCHILLO:
Opposed, nay.
(No response.)
ACTING PRESIDENT FUSCHILLO: The
ayes have it. The message is accepted.
SENATOR DOLLINGER: Mr.
President, point of order.
ACTING PRESIDENT FUSCHILLO:
4197
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, is there a sponsor's memorandum in
support of the bill before the house?
ACTING PRESIDENT FUSCHILLO:
Senator Dollinger, there is a sponsor's memo
on the previous print of the bill.
SENATOR DOLLINGER: Can we have a
copy of that, Mr. President?
ACTING PRESIDENT FUSCHILLO: We
don't have it at the desk, Senator Dollinger.
SENATOR DOLLINGER: I believe
that the Senate Rules require that the
memorandum be here.
ACTING PRESIDENT FUSCHILLO:
Senator Bruno.
SENATOR BRUNO: Mr. President, I
am informed by our counsels that we will have
that memorandum at the desk within a few
seconds.
And thank you for your diligence in
helping us adhere to the rules of the Senate,
because it's critically important in all of
our lives that we have an orderly process as
we work together to improve the quality of
4198
government for all the people here in New York
State.
ACTING PRESIDENT FUSCHILLO:
Thank you, Senator Bruno.
Senator Bruno.
SENATOR BRUNO: Thank you, Mr.
President. Thank you, colleagues.
The bill before us is the
reapportionment bill that reapportions
Congress here in New York State. And as you
all know, constitutionally, it is a mandate of
the Legislature to reapportion all of the
Assembly, Senate, and Congressional districts
throughout the state, based on criteria that
are set forth by the Justice Department, by
the Constitution, bottom line relating to
equal opportunity for all citizens here in
New York State to vote for and have proper
representation.
What has been so difficult in this
process is that based on the shifts in
population in New York State to other states,
and the growth in other states relative to
New York, census figures have dictated that we
reduce the number of Congressional seats in
4199
New York State by two.
And when you have committed,
dedicated, outstanding public servants like
the 31 Congressional people on both sides of
the aisle who are presently serving, all of
them intending on running again, it is a very,
very difficult task to eliminate two
Congressional seats.
It's taken a long time, but with
the diligence of the chairs, the cochairs,
Senator Skelos and Assemblyman Parment
representing the Assembly, with the Speaker,
with the Governor, with so many of you that
have been here representing the best interests
of your constituency -- Steve Boggess, our
Secretary to the Senate, who played a
continuous role over these last several weeks
especially -- through this process, while it's
been contentious, while it's been uncertain,
while it's been very, very difficult, we have
arrived at the plan that is before us that we
think best represents the opportunity for this
constituency to select representatives that
they would like to have in Washington working
on their behalf.
4200
And as you all know, it puts
Congressional people Louise Slaughter together
with Congressman LaFalce in the western part
of the state in a primary, and it puts
Congressman Gilman together with Congresswoman
Kelly here in the lower mid-Hudson in a
primary.
And the winners, if that's the way
it all turns out, will have consequently
eliminated one seat there and one seat here,
and we get down to the required 29 that will
meet the constitutional requirements of us
here in New York State.
So again, I commend those that have
been so diligent. I commend the Speaker and
the Governor for their diligence in staying
with the process. We're making a lot of
people more comfortable with what we're doing,
and content, and the constituency in a
position to be more informed as they vote.
And it has not been a pleasant
process, just because we do have to eliminate
two. But we are what we are. We think this
is fair, it is equitable, it's in the public's
best interest that we move the process
4201
forward.
So I thank you for your indulgence.
Thank you, Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, on the bill.
First of all, I greatly appreciate
the three-sentence memorandum in support of
the bill which through you, Mr. President, my
guess is meets the rules of the Senate just
barely.
It does say fascinating things like
"The United States Constitution requires that
we do this. This process is known as
redistricting," which should be an education
to all of us that had never heard that term
before.
And then it does contain an
interesting statement. It says "In New York
State, the Legislative Task Force on
Demographic Research and Reapportionment
analyzes the Census Bureau population figures
used in the redistricting plan." What a
perfect segue, quite frankly, Mr. President,
4202
to my remarks about this plan.
This state set up a process by
statute in which it was going to engage in the
reapportionment process for both the Assembly
and the Senate, as we are required to do, and
for the United States Congress, as we are
further required to do. In that process, we
held about 20 hearings around the state.
Eleven of those were held in the first phase,
prior to the release of any plan.
During that process, we heard lots
of testimony about the Congressional
districts. We heard lots of testimony about
various constituencies in New York that
Senator Bruno referred to in his remarks, and
what they wanted for their reapportionment
plan with respect to Congress, with respect to
the 29 seats that New York was apportioned in
the national House of Representatives.
I daresay, Mr. President, that the
plan that's currently formulated, at least as
it respects the community that I represent,
bears absolutely no congruency to what was
heard in the public testimony portion of
hearings both in Rochester, Syracuse, and
4203
Buffalo. Or, for that matter, in Binghamton.
And it seems to me that what this
process has done, what we've done today, is
we've done exactly what we promised the people
of this state we would not do. We told them
that this would be done by a legislative task
force, that there would be a public
participation component, that we would
eventually take the proposed plan back to them
for public comment before we voted on it.
We're not doing that today.
Instead, we have hatched this
little chicken of a reapportionment plan.
It's barely -- as I believe Senator Volker
mentioned, it's still pretty hot. It's still
warm. And what we're doing is we're putting
it into law without further public comment.
Quite frankly, Mr. President, from
my point of view there couldn't be any more
bad faith in the whole Congressional
reapportionment process than the bad faith
that we've pursued to this day.
We don't hold the public comment
period, we don't give those constituencies in
New York that we promised an opportunity to
4204
comment, we don't even give them an
opportunity to comment again. We don't take
the plan back to the people to solicit their
input.
Instead, we pass it on a pro forma
basis with a hastily concocted memorandum in
support at the last possible second, and we
cut the public out of the process completely.
It seems to me, Mr. President, there couldn't
be any better indicia of bad faith with our
public than what we do today.
Lastly, Mr. President, this plan in
my opinion is a catastrophe for the people
that I represent and the community that I
represent. Rochester and Monroe County are
going to be carved into four pieces. This
plan is a hastily concocted attempt to bring
together two active Democrats and by doing so
to serve the needs of one Republican
Congressman.
This plan is going to carve up
Monroe County, deny us the opportunity to
elect one of our own to the United States
Congress, and in my opinion create havoc with
respect to the community that I represent.
4205
I have led a movement, among others
in the city of Rochester -- our mayor, other
members of the state delegation who believe
that this is the wrong thing for our
community. I believe that those of us who
come from Western New York should have
listened to the people who said create a
Buffalo-based district, create a
Rochester-based district, create a district
based in Syracuse, let the urban populations
have a voice in Congress, and then thread the
districts through the suburbs and the rural
areas that are necessary to fill up the remain
remainder of the Western New York delegation.
I believe this is a catastrophe for
Rochester, a catastrophe for our community.
And what's worse, Mr. President, I believe
today we achieve the ultimate in bad faith in
the reapportionment process.
Nothing could be worse than
producing behind closed doors a bill that
springs to life at 1 o'clock in the afternoon,
a memorandum that springs to subsequent life
four or five minutes later, hastily put
together, and that this is the best we can do
4206
in New York. I would suggest, Mr. President,
this is a sign that we've engaged in bad faith
in our Congressional reapportionment.
My hope is that since it is
apparent that this Legislature does not want
as to act in good faith, that the courts of
this nation, that those who have some input on
this plan in the future will require us to go
back and exercise the good faith that the
people of the State of New York deserve.
This, Mr. President, this bill does
not embody the best we can do. We can do
much, much better. For those reasons, Mr.
President, I urge all of my colleagues, vote
no for a back-room deal on Congressional
reapportionment that frankly sacrifices the
people of New York for insider interests in
this state.
ACTING PRESIDENT FUSCHILLO: Any
other Senator wish to be heard?
Debate is closed.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
4207
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUSCHILLO:
Senator McGee, to explain her vote.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, I cannot disagree
with any of my colleagues that have spoken on
this bill through the many months and days
that we've talked about reapportionment,
particularly for the Congressional districts.
I realize that drafting a
reapportionment bill is a very difficult job.
And I do commend those who have spent so many
hours and so much time drafting the bill.
However, I do have to say that I'm
very disappointed. I'm extremely disappointed
with the creation of a Congressional seat that
will represent the western -- southwestern
tier. The 31st Congressional District shares
a common heritage. The values and the rural
flavor that runs along the Pennsylvania-New
York State border, we all share those in
common.
The original plans of the Senate,
4208
the Assembly, and the special master kept the
31st Congressional District, among Allegany,
Cattaraugus and Chautauqua counties, bound
together.
I would point out that throughout
the time we were doing the Congressional
redistricting and talking about Congressional
redistricting, we had a drive in the 31st
Congressional District to keep our district
together. It was "Save Our District."
And we did in fact do a petition
drive, and we did present to members of the
Legislature 102,000 signatures indicating that
we want, we would like the 31st Congressional
District held together, that that borders
right along the Southern Tier, between
Pennsylvania and New York.
Unfortunately, that didn't happen.
Again, I understand the difficulty in being
able to draw a plan which is fair and
equitable to all the people in the state of
New York. And there are some who will be
unhappy, and some who will be happy.
I am very disappointed. This
proposal has disrupted the continuity of the
4209
Southern Tier. This bill does not reflect the
feelings of the people that I represent, and I
vote no.
ACTING PRESIDENT FUSCHILLO:
Senator Morahan.
SENATOR MORAHAN: Thank you, Mr.
President. Just to explain my vote briefly.
I too want to commend those who
have worked so hard and so arduously through a
very painstaking process, not only in drawing
the lines but getting agreements and making
revisions and all of the heartache that goes
through that with the courts.
And I really want to congratulate
the Senate and the Assembly and the Governor
for at last coming together and doing the job
that we should do, and that is to do the
reapportionment bill, versus the courts.
However, having said that, I must
just make mention of my concern with this
reapportionment bill. The County of Rockland,
one of the counties I represent, is the
smallest geographical county in the State of
New York. And in this new plan, it has -
well, now it is served by one Congressional
4210
member, plus other counties.
The county was whole. Now this
plan now creates three Congressional seats
that will sliver into the County of Rockland,
taking a small piece in each one of the
districts, which will really fragment the
County of Rockland.
The lines are difficult, when I
talk about communities. But I know the people
in Rockland have also spoken strongly that
they wanted their county uncut. I know not
everybody can be pleased. But I know on their
behalf they would want me to speak today to
say that, as their representative, they have
serious objections to this plan. Therefore, I
will have to vote no.
ACTING PRESIDENT FUSCHILLO:
Senator Morahan will be recorded in the
negative.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. To explain my vote.
A large portion of the 55th Senate
District does not include the city of
Rochester, although it does include part of
4211
the city of Rochester. The 55th Senate
District is totally enclosed within Monroe
County. And this plan, as has been stated
earlier, would combine the city of Buffalo, to
some extent, and the city of Rochester, to
some extent, in the same Congressional
district.
And while that is a matter of
concern, what I recognize in this very
difficult process of redistricting is that
nothing is perfect. And if you look at this
picture as it covers all of New York State -
and that's what we have to consider. Thank
you, Mr. President.
That's what we have to consider,
that this is a plan that covers all of New
York State. And so yes, there are some bumps
and some bruises in this plan. And we should
expect that.
I'm not especially that concerned
about the city of Rochester portion of this
plan, at least from the standpoint of the 55th
Senate District. Because in the 55th Senate
District, whereas before we had one member of
Congress representing us, we now have four,
4212
and three very powerful members of Congress
who can work with me and with whom I can work,
and my colleagues who also have a piece of
Monroe County in the Assembly and in the
Senate.
So from the standpoint that it is
not perfect, that's true. From the standpoint
that there are concerns about melding
Rochester and Buffalo together, that is true.
But from the standpoint that this
is a plan that serves all of New York State
because we have lost representation in the
Congress, it's pretty much one that serves all
of New York State.
From the standpoint that it serves
the 55th Senate District, I'm looking forward
to having four members of Congress to work
with on behalf of the people in the towns of
Riga and Wheatland and Penfield, Perinton,
Pittsford, East Rochester and, yes, part of
the city of Rochester.
I will vote yes.
ACTING PRESIDENT FUSCHILLO:
Senator Alesi will be recorded in the
affirmative.
4213
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
I rise to explain my vote, Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you.
Unlike several of my colleagues who
already rose to speak today, I am not voting
no on this bill specifically because of my own
district. And in fact I would say that for
the City of New York and for Manhattan Island,
I am not uncomfortable at all with the
decisions that were made about the
redistricting.
But yet I find myself having to
vote no on the bill overall because of the
absence of a fair and democratic process in
the state that gave the people of our state
their fair opportunity to participate and to
comment, and that they expect better of us and
I expect better of us.
It does not surprise anyone in this
house or anyone listening today that the
failure of the redistricting process in
New York State this decade, the decade before,
4214
and the decade before that are infamous. In
fact, when you look at academic books that
have been written about gerrymandering and how
not to do redistricting in a fair and
equitable way, New York State is always the
number-one example of what you should not do
in the redistricting process or in the
redistricting outcome.
So I'd argue that while this bill
will pass, I have no doubt about it, and from
my district I do not have the same complaints
and issues as many of the colleagues here on
the floor have spoken about or will speak
about, that in fact it's the year 2002. We
had a test, we had an assignment this year to
do better than we have done in past decades,
to redeem the reputation of the great State of
New York to do a fair and equitable model of
redistricting. And yet this decade now we
have flunked that test again and will not have
the opportunity to do a better job for
ourselves now for another ten years.
So while Senator Bruno, when he
spoke, talked about the importance of a smooth
and orderly process, I would argue that that
4215
is not the test for us. The test for us is
whether we in fact do our jobs well, whether
we meet the obligations of the people who
voted for us and put us here to do their work.
And I do not believe that any of us
can go home and say that with the final
outcome of the redistricting process for
New York State this year, if in fact we are
coming to closure on that, that we did our job
for the people well. And so I will vote no on
this bill.
Thank you very much.
ACTING PRESIDENT FUSCHILLO:
Senator Krueger will be recorded in the
negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1302 are
Senators Dollinger, Duane, Hevesi, L. Krueger,
McGee, Morahan, Schneiderman, and Stachowski.
Ayes, 51. Nays, 8.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
4216
there being no further business to come before
the Senate, I would move that we stand
adjourned until Monday, June 10th, at
3:00 p.m., with intervening days being
legislative days.
ACTING PRESIDENT FUSCHILLO: On
motion, the Senate stands adjourned until
Monday, June 10th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 1:21 p.m., the
Senate adjourned.)