Regular Session - June 13, 2002
4739
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 13, 2002
11:09 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
4740
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in reciting the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we each bow our heads
in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, June 12, the Senate met pursuant to
adjournment. The Journal of Tuesday, June 11,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
4741
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Morahan,
I wish to call up Senate Print Number 7322,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1053, by Senator Morahan, Senate Print 7322,
an act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
4742
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Volker, I wish
to call up Senate Print Number 3781, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
131, by Senator Volker, Senate Print 3781, an
act to amend the Civil Rights Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
4743
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Balboni, I
move to amend Senate Bill Number 6594B by
striking out the amendments made on May 6th
and restoring it to its previous print number,
6954A.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
previous print number restored.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Kuhl, I wish
to call up Senate Print Number 3947A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
4744
THE SECRETARY: Calendar Number
260, by Senator Kuhl, Senate Print 3947A, an
act to amend the Education Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator McGee.
SENATOR McGEE: Mr. President,
amendments are offered to the following Third
Reading Calendar bills:
Sponsored by Senator Stafford, page
33, Calendar Number 814, Senate Print 3820C;
Sponsored by Senator Velella, page
45, Calendar Number 1005, Senate Print 6863;
4745
Sponsored by Senator Wright, page
58, Calendar Number 1320, Senate Print 7451;
And sponsored by Senator Stafford,
page 56, Calendar Number 1231, Senate Print
7001A.
Mr. President, I now move that
these bills retain their place on the order of
third reading.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the order of
third reading.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
On page 52, I offer the following
amendments to Calendar Number 1134, Senate
Print Number 4820A, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
4746
bill will retain its place on the Third
Reading Calendar.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, are
there any substitutions at the desk? If there
are, I'd ask that we make those at the present
time.
ACTING PRESIDENT MEIER: Yes, we
do have some.
The Secretary will read the
substitutions.
THE SECRETARY: On page 18,
Senator Balboni moves to discharge, from the
Committee on Water Resources, Assembly Bill
Number 10155A and substitute it for the
identical Senate Bill Number 6594A, Third
Reading Calendar 467.
On page 19, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7911 and substitute it
for the identical Senate Bill Number 2695,
Third Reading Calendar 503.
4747
On page 30, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 6401 and
substitute it for the identical Senate Bill
Number 3274, Third Reading Calendar 751.
On page 59, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11194 and substitute it
for the identical Senate Bill Number 3489,
Third Reading Calendar 1352.
On page 59, Senator Saland moves to
discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 9242A and substitute it
for the identical Senate Bill Number 5063B,
Third Reading Calendar 1353.
And on page 59, Senator Padavan
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9952 and
substitute it for the identical Senate Bill
Number 6342, Third Reading Calendar 1354.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
4748
President. I understand that there's a
privileged resolution by Senator Liz Krueger
at the desk. I ask that the title be read and
move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Krueger, Legislative Resolution Number 6093,
commending Principal Anna Marie Carrillo, upon
the occasion of celebrating her 10th
Anniversary at P.S. 116, The Mary Lindley
Murray School.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: May we now have
the noncontroversial reading of the calendar,
Mr. President.
4749
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
37, by Senator LaValle, Senate Print 4889A, an
act to amend the Education Law, the Civil
Service Law, and Chapter 363 of the Laws of
1998.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
67, by Member of the Assembly Glick, Assembly
Print Number 7347, an act to amend the
Domestic Relations Law and the Family Court
Act, in relation to child support.
SENATOR KUHL: Lay that bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
266, by Senator Johnson, Senate Print 743, an
act to amend the Environmental Conservation
Law, in relation to possession of bay
4750
scallops.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
305, by Member of the Assembly Eve, Assembly
Print Number 9740, an act to amend the State
Finance Law, in relation to payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
4751
is passed.
THE SECRETARY: Calendar Number
393, by Senator Saland, Senate Print 5067A, an
act to amend the General Municipal Law, in
relation to establishing.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34. Nays,
3. Senators Duane, L. Krueger, and Stachowski
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
556, by Senator LaValle, Senate Print 1880, an
act to amend the General Municipal Law, in
relation to creating the Town of Southampton
Industrial Development Agency.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
4752
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35. Nays,
2. Senators L. Krueger and Stachowski
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
667, by Senator Stafford, Senate Print 7163A,
an act to authorize certain health care
professionals.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect July 21.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
4753
THE SECRETARY: Calendar Number
677, by Member of the Assembly Ortiz, Assembly
Print Number 6038, an act to amend the
Administrative Code of the City of New York,
in relation to the custody.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
807, by Senator Kuhl, Senate Print 1401, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law, in
relation to imposition.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
937, by Senator Farley, Senate Print 7179, an
act to amend the Banking Law, in relation to
establishing book and record preservation.
ACTING PRESIDENT MEIER: Read the
4754
last section.
THE SECRETARY: Section 4. This
act shall take effect September 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
942, by the Assembly Committee on Rules,
Assembly Print Number 11171, an act to amend
the Insurance Law, in relation to medical
practice insurance coverage.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
4755
THE SECRETARY: Calendar Number
1014, by Senator Larkin, Senate Print 6221A,
an act to amend the Real Property Tax Law, in
relation to alternative.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1017, by Senator Kuhl, Senate Print 6520A, an
act to amend the Real Property Tax Law, in
relation to increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
ACTING PRESIDENT MEIER: Call the
roll.
4756
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1085, by Senator Larkin, Senate Print 5325A,
an act to amend the Public Authorities Law, in
relation to enabling the Dormitory Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1113, by Senator Maltese, Senate Print 7103,
an act to amend the Public Officers Law, in
relation to the residence.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
4757
bill aside.
THE SECRETARY: Calendar Number
1140, by Member of the Assembly Abbate,
Assembly Print Number 10494, an act to amend
the Education Law, in relation to the reserve
for increased take-home pay transferred.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1159, by Senator Stafford, Senate Print 7154,
an act authorizing the payment of ordinary
disability retirement benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4758
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1323, by Senator Marchi, Senate Print 6155A,
an act to amend the General Municipal Law and
the Retirement and Social Security Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1351, by Senator Stafford, Senate Print 3479,
an act to amend the State Finance Law, in
relation to the payment of monies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
4759
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1352, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11194, an act to amend the Criminal
Procedure Law, in relation to verdict sheets.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1354, substituted earlier today by Member of
the Assembly Stringer, Assembly Print Number
9952, an act to amend the Real Property Tax
Law, in relation to extending.
ACTING PRESIDENT MEIER: Read the
last section.
4760
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1356, by Senator Oppenheimer, Senate Print
7032, an act to amend Chapter 711 of the Laws
of 1907.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1358, by Senator Padavan --
4761
SENATOR PADAVAN: Hold that bill,
Mr. President, for an amendment.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1359, by Senator Rath, Senate Print 7373, an
act to amend the Local Finance Law, in
relation to the sale of bonds.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1363, by Senator Maziarz, Senate Print 7551,
an act to amend the Public Authorities Law, in
relation to the creation of the Niagara Falls
Water Board.
ACTING PRESIDENT MEIER: Read the
last section.
4762
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the laws of
2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1364, by Senator McGee, Senate Print 7556, an
act to amend Chapter 402 of the Laws of 1994.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
4763
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Can we have the controversial
reading of the calendar now, please.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
37, by Senator LaValle, Senate Print 4889A, an
act to amend the Education Law, the Civil
Service Law, and Chapter 363 of the Laws of
1998.
SENATOR PATERSON: Explanation.
SENATOR KUHL: Lay the bill aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
677, by Member of the Assembly Ortiz, Assembly
Print Number 6038, an act to amend the
Administrative Code of the City of New York.
SENATOR HEVESI: Explanation,
please.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
4764
bill aside for the day.
THE SECRETARY: Calendar Number
807, by Senator Kuhl, Senate Print 1401, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Kuhl, Senator Paterson has requested an
explanation of Calendar 807.
SENATOR KUHL: You know, Senator
Paterson, I'm happy that you asked for that
explanation, because it's been a year since
I've been able to explain this bill to you.
Last year you may remember we had a terrific
debate on this bill, and the bill passed 59
to 1.
But in any case, this is a bill
that is meant to provide some teeth for local
justices of the peace. We find that in our
area of the state that oftentimes young people
are cited for a violation of possession of
alcoholic beverages, they plead guilty to the
violation, a fine is put in place or some kind
of community involvement is put into place or
some sort of an alcohol awareness training
4765
program is required by them, and they don't
complete the actual fine.
So what happens is absolutely
nothing, because the justices of the peace
have no means of enforcing that actual
sentence.
So what this bill is meant to do is
to give them some teeth so that, in fact, if
the young people who violate these provisions
of the law don't comply with the sentence,
then the justice can in fact suspend their
license until there is completion of the
sentence.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I too remember that terrific exchange I had
with Senator Kuhl. Actually, it was two years
ago. Last year the bill died in committee.
But if my memory serves me
correctly, Senator Kuhl prevailed upon me that
this was a good bill. There was a negative
vote. I don't have a record of who it was,
but I don't think it was me.
In any event, I guess you can read
4766
the last section, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, will Senator Kuhl just yield to one
question?
ACTING PRESIDENT MEIER: Senator
Kuhl, will you yield for one question?
SENATOR KUHL: Yes, I will be
happy to yield to one question from Senator
Dollinger.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator Kuhl,
we did a bill, I think, earlier in this
session that applied to marijuana penalties;
is that correct? It also originated from the
Steuben County Magistrates Association.
This bill extends it to
driving-while-intoxicated violations; is that
correct? That's -- it's the same bill? Or my
memory may be faulty.
SENATOR KUHL: We did a bill that
dealt with a violation of possession of
4767
substances, that's correct, Senator. It's the
same request coming from the Magistrates
Association of Steuben County.
They have the same problem with
violations in that particular case as they do
with the case of violations of possession of
alcoholic beverages.
SENATOR DOLLINGER: Through you,
Mr. President, I'm going to vote in favor of
this bill, as I voted in favor of the last
one. I actually think this is a great idea
for magistrate courts around the state.
And I think any time someone has to
pay a violation, whether it's trespass,
disorderly conduct, I mean, the magistrate's
courts are jammed with these kinds of criminal
applications. And oftentimes they result in
ACDs or they result in other dismissals,
conditional discharges, which require the
payment of a fine. They get the benefit of a
break from the courts and they never pay the
fine.
I think suspending their driver's
license in exchange for that is not a bad
idea.
4768
And I would support, Senator Kuhl,
extending this not just to possession of
alcoholic beverages and not just to possession
of small amounts of marijuana, but, quite
frankly, to any small infraction. If they
fail to pay the fine after a certain period of
time, for heaven's sakes, let's suspend their
driver's license. It usually will get younger
individuals back to the courts relatively
quickly to pay the fines.
It's a great policing tool. We
ought to make it widespread and have it apply
to all minor infractions in the justice
courts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
4769
is passed.
THE SECRETARY: Calendar Number
1113, by Senator Maltese, Senate Print 7103,
an act to amend the Public Officers Law, in
relation to the residence.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Maltese, Senator Hevesi has requested an
explanation of Calendar 1113.
SENATOR MALTESE: Yes, Mr.
President.
This is an act to amend the Public
Officers Law in relation to the residence of
fire alarm dispatchers employed in the paid
fire department of any city over a million,
New York City. The purpose is to exempt fire
department dispatchers in New York City from
being a resident of the political subdivision
in which they are employed.
Approximately a year ago, pursuant
to legislative enactment by the City Council,
fire alarm dispatchers and their supervisors
became members of the uniformed force of the
New York City Fire Department.
4770
Currently, firefighters, fire
officers, fire marshals, marine division
personnel and emergency medical service
personnel are not required to live within the
confines of the City of New York. These
uniformed members of the department are
permitted to reside in several counties, as
spelled out in paragraph 9, Section III of the
Public Officers Law, which is the law that
indicates that not only would they be
permitted to live in the city but also in the
counties contiguous to the City of New York or
in counties that would be contiguous to the
county that would comprise the City of
New York.
The current residency requirement
is out of step with other parts of the
uniformed force of the fire department and
hampers the Bureau of Fire Communications in
its recruitment and retention efforts. The
Fire Alarm Dispatchers Benevolent Association
is asking to be treated similarly as the other
uniformed members of the fire department.
In addition, the -- this change
would give highly qualified counties from
4771
counties immediately surrounding New York City
job opportunities without the disadvantage of
having to uproot their families in order to
satisfy the residency requirement. And, as I
indicated earlier, this is the only uniformed
force in the fire department that still has a
residency requirement.
And I'd like to indicate that 50
percent of the workforce in this particular
job are women or minorities.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield for a question?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Mr. President, could the sponsor
please tell us how many fire alarm dispatchers
there are currently employed in New York City?
4772
SENATOR MALTESE: I'm afraid I
don't have that number.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Presumably, though, every single
one of these individuals currently lives in
the City of New York in order to be in
compliance with current law; is that correct?
SENATOR MALTESE: No, I -- Mr.
President, since they were only a year ago
made part of the uniformed personnel, I don't
believe that they currently are required to
live within the City of New York. I can get
that information to Senator Hevesi subsequent
to this debate.
But as I indicated in the beginning
of the explanation, they were only
approximately a year ago made part of the
4773
uniformed fire department force.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
I need to get a handle on how many
current fire alarm dispatchers don't live in
New York City. I guess let me just ask the
question, though I'm not sure you would have
that answer, since you don't have the
information available as to how many are
currently employed in New York City.
But let me ask the question. Do
you know how many currently don't live in the
city or what percentage of the total fire
alarm dispatcher workforce that is?
SENATOR MALTESE: No, Mr.
President, the only number I had requested and
was given from the union was that 50 percent
of the workforce in this particular position
4774
are women and minorities.
But as to how many presently reside
within the City of New York, I don't have that
number.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Mr. President, if the sponsor could
tell us what the City of New York's position
is on this issue. Have we received a
home-rule message? Did we need a home-rule
message on this?
SENATOR MALTESE: Mr. President,
my prep indicates that there are no fiscal
implications. And I don't have the
information as to whether or not a home-rule
message is needed.
But my guess would be, since we
didn't indicate it at the beginning of the
4775
debate, that it is not necessary or required.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thanks.
I'm just trying to get a handle on
whether the city has a position on this or
not. Are you aware if they oppose this
legislation, support this legislation, have
not commented on this?
SENATOR MALTESE: Mr. President,
we are not aware that they oppose the
legislation.
Quite frankly, in a post-9/11 era,
I think the fire department is striving to
increase personnel, attract and entice persons
into the fire department. This would be a
very essential part of the uniformed service
of the fire department. And I believe that we
and the Mayor would try to do our utmost to
4776
attract personnel into this position.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I guess I have to take some
exception with that last statement, because
only if you accept the premise that the
New York City Fire Department must recruit
from outside of the city is this legislation
necessary to help in recruitment efforts.
So let me ask the question. Is it
your belief, Senator Maltese, that the New
York City Fire Department would be unable to
recruit adequately from members within its
ranks within the City of New York?
SENATOR MALTESE: Mr. President,
I would respectfully ask Senator Hevesi to
repeat the question.
4777
But in the interim, I have been
given the totals. There are 178 personnel in
this category, and more than 50 percent live
in the City of New York.
SENATOR HEVESI: Thank you, Mr.
President. May I ask if the sponsor would
continue to yield. I'll repeat the initial
question.
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Here's the
question. And I ask it because of the
response you just gave me and because of two
other factors. One is the sponsor's memo of
support and, two, your comments and your
explanation, specifically the following -- and
I'm reading from your memo here.
"The current residency requirement
is out of step with other parts of the
uniformed force of the Fire Department" -- and
that I agree with. No commentary on whether
that's good policy or not -- "and hampers the
Bureau of Fire Communications in its
4778
recruitment and retention efforts." That
section I take great exception to.
So my question is, do you believe
that without this legislation the City of
New York Fire Department would have grave
difficulty in recruiting qualified fire alarm
dispatchers from within the City of New York,
as your memo says it would?
SENATOR MALTESE: Mr. President,
I believe the facts in all these positions
speak for themselves.
With the increased number of
retirements, with the fact that the dangers of
the job have been spelled out very
dramatically and very drastically, I believe
that the City of New York is striving to
attract qualified personnel and that
everything possible should be done to attract
personnel to come into these job titles for
uniformed firefighter.
And therefore, Mr. President, I
believe -- again, as I said at the
beginning -- that the facts speak for
themselves. We should throw our net as wide
as possible. We should encourage all
4779
personnel from not only the city, but the
contiguous counties and even beyond.
In many cases, I am advised that
EMS dispatchers are not even required to live
in the state of New York, enabling them to
come from Jersey and Connecticut to work in
the job title.
So I think if we're after the best
in this position, we should encourage our
neighbors, if you will, in adjoining counties,
contiguous counties to work in the job.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I respect the sponsor for bringing
this legislation, because there is some
measure of equity in saying to individuals who
have become recently uniformed members of the
4780
New York City Fire Department that they too
should be afforded the same provisions of law,
the same privileges as other members.
But I certainly take exception,
Senator Maltese, to the suggestion that with
178 fire alarm dispatchers, half of whom, by
your numbers, don't live in the city -- that's
about 70 or 80, maybe 90 other individuals --
that New York City, with 8 million people
residing within it, would not be able to find
70 or 80 or 90 fire alarm dispatchers.
And the suggestion also that you
made in your last comments that it's
difficult -- that we are grouping in the
recruitment of fire alarm dispatchers with
other uniformed personnel in the New York City
Fire Department and need to cast this wide net
because it's such a dangerous position, to my
knowledge, no fire alarm dispatcher has ever
been injured in the line of duty.
And it means them no disrespect,
but I disagree with the entire policy and in
fact support legislation, sponsor legislation
in this legislation in this house to impose a
residency requirement on New York City
4781
firefighters.
So let me ask the following
question. If New York City a year ago, the
City Council, made fire alarm dispatchers a
part of the uniformed force in the fire
department, why wasn't, a year ago, this
problem anticipated and a request put in by
the City of New York to go ahead and pass this
legislation?
SENATOR MALTESE: Mr.
President --
SENATOR HEVESI: I'm troubled by
that.
SENATOR MALTESE: I'm sorry, I
thought you were finished.
Mr. President, I am advised that
there was originally a legal interpretation,
at the time that they were made part of the
uniformed force, that they fell under the
other categories and thus were not required to
live in the City of New York. Thus this is
the first opportunity to correct this
oversight.
And in addition, I am further
advised that this is an entry-level position
4782
but a position that frequently changes as the
personnel switch from one job title to
another.
Therefore, while I believe that the
good Senator's statement as to whether the
entire population of the City of New York can
adequately fill these numbers, the fact of the
matter is that in any of these titles,
protecting life and property and behaving in
the manner that we have seen so splendidly
displayed on September 11th and prior and
subsequent, I think we want the best of the
best.
And therefore, I think, again, that
if we reach into contiguous counties, this
improves the fire department force and inures
to the benefit of all the citizens of the city
of New York and the state.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
4783
sponsor yields.
SENATOR HEVESI: Thanks, Mr.
President.
I'm actually impressed with Senator
Maltese's concern for the residents of the
surrounding counties of New York City. In
fact, in your comments before you stated that
this legislation would provide for -- and I'm
quoting here -- job opportunities for people
in surrounding counties so that they wouldn't
have to uproot their families.
Let me ask the following question.
Can you not make the argument that the money
that pays or will pay for fire alarm
dispatchers within the New York City Fire
Department comes not from people in the
surrounding counties of New York City but from
the taxpayers of the City of New York, and
therefore those jobs should justly, as long as
you were able to find adequate individuals to
fulfill those duties, that those jobs should
go to New York City residents, because it's
the taxpayers of the City of New York who are
paying those salaries?
Don't you share that opinion,
4784
Senator Maltese?
SENATOR MALTESE: Mr. President,
as far as our economic beliefs or theories,
I'm sure that my good colleague would not
construct a wall around the City of New York
to prevent all these contiguous counties and
even adjoining states from coming into
New York and enjoying the benefits of New York
and spending their well-earned money in the
confines of the City of New York and helping
our tax structure.
We see daily on TV and in our media
entreaties to others in adjoining states and
counties -- and indeed, in other countries --
to come into New York and treat New York as
America.
And to fail to pass legislation
that would give people an opportunity to work
within the confines of the City of New York
and state, as has been just stated, that we
should confine our economic benefits only to
residents of New York is an isolationist
theory that I believe ultimately, given our
dependence on tourist dollars and being the
financial capital of the world, would end up
4785
resulting in severe detriment to the City of
New York.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
That's interesting that you would
support this bill as an economic benefit to
the City of New York coming from residents of
surrounding counties.
Yet as I seem to recall -- and
correct me if I'm wrong -- did you not support
the repeal of the commuter tax which
eliminated $450 million of revenue, a one-half
of 1 percent tax on non-New York City
commuters coming into the city? Didn't that
have a dramatically negative effect on the
economy of New York City?
SENATOR MALTESE: Mr. President,
4786
I feel we roam far afield at this time and
place and would save that debate for another
time and another place.
SENATOR HEVESI: On the bill, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President. I very much appreciate Senator
Maltese's patience and his responses.
There is one other concern I would
have had, that I do have, that were this
legislation crafted differently I might be
inclined to support it, which would be that if
this bill was prospective.
In other words, that for any
current fire alarm dispatcher, that those
individuals who don't live in the City of New
York would be able to not live in the City of
New York, but any newly hired fire alarm
dispatcher would have to live in the city.
I'm going to vote against this
bill, Mr. President. This bill is -- it is
continuing a trend in New York City that I
think is not the wise trend as a policy
4787
matter.
And again, I sponsor residency
requirement legislation that would enable the
City of New York -- wouldn't mandate that it
happens, but would give the city the option to
impose a residency requirement on its
uniformed services. And I would support the
City of New York going ahead and doing that.
But to suggest that fire alarm
dispatchers, even though they are now
technically a part of the New York City Fire
Department, should also be exempted because it
is difficult -- and this is the key here --
because it is difficult to recruit qualified
dispatchers from within the city is frankly
little bit insulting.
It is similarly insulting to
suggest that the City of New York cannot
adequately recruit police officers or
firefighters from within the City of New York.
You could even make some compelling
arguments that you want to cast the widest
net, as Senator Maltese has stated, for those
uniformed services as the number of applicants
to the uniformed services in New York City has
4788
decreased over the past few years, though it
is recently increased.
But I don't believe you can make
the same argument for fire alarm dispatchers.
We have 178 fire alarm dispatchers. You're
telling me we can't find that number of people
within New York City to be employed in those
positions?
And again, this is an economic
issue. New York City taxpayers paid the money
for these positions. Unless it is absolutely
essential that those positions have to go to
individuals who are more qualified and happen
to live in our jurisdictions outside the city,
I don't know why we would move to do that.
And again, I would support this
bill, Senator Maltese, if it was prospective,
because I do share your sense of equity, which
I think is the underpinning of this bill, that
even though maybe it's not necessary to do
this -- I know you didn't say that, but I'm
saying it -- even though it may not be
necessary, they should be afforded the same
protections under the law as everybody else.
If it was prospective, I'd agree with it.
4789
It's not prospective.
Mr. President, let me take this
opportunity also to implore this house to
finally take up a residency requirement bill.
And I know that there are real arguments
against doing that. But we should certainly
have a discussion about it.
The only time we've ever had a
discussion about residency on the floor is
when similar bills like this come up, or when
I bring up motions to discharge -- which I
really can no longer do because of the rules
that were imposed by this house last year
restricting the number of motions to
discharge.
So I can't get this bill out of
committee, and I can't bring up motions to
discharge after a certain date or if I have
already done a certain number of motions to
discharge. And then if we even do get to
bring it out on the floor, we get a negative
vote, always -- always a party-line vote on a
motion to discharge, with the idea that it is
procedural motion. As if we weren't really
voting on the substance of it. So it's just
4790
wrong.
Let's bring it to a vote. My sense
is if we brought it to a vote, it would be
defeated. My bill would be defeated on this
floor. Why don't we bring it to a vote? Why
not? That's democracy. Let's bring it out.
If it's defeated after a debate, then I'll be
satisfied. But we have not had a proper
airing of the residency requirement issue. We
have not. And it's wrong.
And so I have to use this
opportunity, on Senator Maltese's bill, to
discuss the residency issue. And I don't like
to do it in that forum.
But regardless, Mr. President, this
bill has problems. It's not terrible, but
it's not great. And it moves us in the
opposite direction from that which I'd like us
to move. So I'll be voting no on this
legislation.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. To speak on the bill.
The dialogue was fascinating. I
4791
will vote for this bill. I think that it is
important that we recognize the dispatchers as
having the same rights and equity with other
members of the fire department. And the fact
is they're a small union, but they're an
important union who do difficult and stressful
work.
But I have to say that Senator
Hevesi's issues are also incredibly important
to me. I think that it is way past time for
the City of New York to have the debate and
for the State Legislature to have the debate
about how you look at residency requirements.
And since Senator Maltese, in his
answers, raised some of those red-flag issues
for me, I would argue that in fact from an
economic development perspective for the City
of New York, as I think each senator from
their locality would argue for their own
areas, it is to ensure that we have jobs for
the people who live in the City of New York.
And frankly, at this point in time,
we are desperate for jobs in the City of New
York. Our unemployment rate in certain
counties has gone double-digit, the Bronx
4792
specifically. I think Brooklyn is close to
that now.
And so when you're talking about
city taxpayer dollars, ensuring that city
taxpayer dollars are used effectively and
efficiently to deliver services and also to
generate opportunities for jobs for people who
live in the City of New York, I have to agree
it is time for the State of New York to allow
the City of New York to make its own destiny
and determination of that, as most of the
other localities in the state make those
determinations for themselves.
Again, this is a small bill for a
small number of people. And I certainly
wouldn't want to see a situation where people
who had the rules change on them suddenly
didn't have the right to keep their jobs. And
it is a high-skill, high-stress job, in fact,
particularly dealing with the new increased
pressures on the fire department and the
decreased numbers of workers in the uniformed
firefighters for the City of New York.
So I want to vote for this bill, I
will vote for this bill. I think their point
4793
is important for equity and for assuring that
people who have the rules change on them and
their title within a department change on them
should not lose their ability to keep their
jobs.
But I think that the bigger picture
here are the points that Senator Hevesi was
making. Why don't we explore, in a proactive
model, allowing New York City to move forward
with residency requirements to ensure that we
in the City of New York can both get our
services delivered and maximize the number of
jobs we have available in a bad economic
situation for ourselves?
And that is something that I would
urge this house to take up, perhaps after
Senator Hevesi has left this house, since he
will not be rejoining us. And I am sorry that
he is not rejoining us next year.
But I urge that this is something
that we can start a discussion on very early
on in the next session. I will be voting yes.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4794
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1113 are
Senators Hassell-Thompson, Hevesi, Montgomery,
and Paterson. Ayes, 48. Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1113, also Senator A. Smith
recorded in the negative. Ayes, 47. Nays, 5.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1323, by Senator Marchi, Senate Print 6155A,
an act to amend the General Municipal Law and
the Retirement and Social Security Law.
SENATOR KUHL: Lay the bill aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Kuhl, that completes the
calendar.
4795
SENATOR KUHL: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, I
believe we have a motion.
Senator Espada.
SENATOR ESPADA: Thank you, Mr.
President. On page number 46 I offer the
following amendments to Calendar Number 1032,
Senate Print Number 7294, and ask that said
bill will retain its place on Third Reading
Calendar. We do this on behalf of Senator
Balboni.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Kuhl.
SENATOR KUHL: There being no
further business, Mr. President, I move we
adjourn until Monday, June 17th, at 3:00 p.m.,
intervening days to be legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, June 17th, at 3:00 p.m. Intervening
days will be legislative days.
4796
(Whereupon, at 11:55 a.m., the
Senate adjourned.)