Regular Session - June 18, 2002
5047
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 18, 2002
12:14 p.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
5048
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: The
invocation today will be given by Reverend
Dr. Larry F. Hendricks, of the Chapel of the
Redeemer Lutheran Church in Bayside, New York.
Reverend.
REVEREND HENDRICKS: Let us pray.
Almighty God, we have been called
together as a vision- and decision-making
body. We gather to ask Your blessing, to give
You our thanks for the bountiful goodness we
have been given as a community, state, and
nation, and to ask Your blessing upon those
gathered here as we seek to better our
communities through shared information and
open discussion of issues facing us.
Remind us of our responsibilities
to those who depend upon us for intelligent,
5049
clear thinking and leadership. Lord, You are
God of peoples everywhere. Yes, You are God
of creation itself, giver of all that makes
life good.
Many of us have experienced fragile
emotions this past year. Heal the hurt and
wounded. Quiet us, steady us, strengthen us
in Your peace as we seek to do Thy will as
stewards of this great state; yes, even this
planet.
We pray for those who help
implement our democracy, for those who serve
You faithfully in our generation. Guide us
with patient wisdom through the narrow ways.
This we pray as our traditions have
taught us to pray. Amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 17, the Senate met pursuant to
adjournment. The Journal of Sunday, June 16,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
5050
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations.
As a justice of the Supreme Court
of the Second Judicial District, Elizabeth
Bonina, of Brooklyn.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: One moment, Madam
President.
SENATOR BONACIC: Madam
President.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: We'd like to
lay aside that Judiciary report temporarily,
please.
ACTING PRESIDENT McGEE: The
report is laid aside.
5051
SENATOR BONACIC: Thank you.
ACTING PRESIDENT McGEE: Reports
of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Espada.
SENATOR ESPADA: Thank you, Madam
President.
I wish to call up Calendar Number
67, Assembly Print Number 7347.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
67, by Member of the Assembly Glick, Assembly
Print Number 7347, an act to amend the
Domestic Relations Law.
ACTING PRESIDENT McGEE: Senator
Espada.
SENATOR ESPADA: Madam President,
I now move to reconsider the vote by which
this Assembly bill was substituted for Senator
Saland's bill, Senate Print Number 3434, on
June 3rd of this year.
ACTING PRESIDENT McGEE: Call the
5052
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: Senator
Espada.
SENATOR ESPADA: Madam President,
I now move that Assembly Bill Number 7347 be
recommitted to the Committee on Rules and that
Senator Saland's Senate bill be restored to
the order of Third Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
Senator Espada.
SENATOR ESPADA: Thank you, Madam
President.
I wish to call up Calendar Number
829, Assembly Print Number 10731A.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
829, by Member of the Assembly DelMonte,
Assembly Print Number 10731A, an act to convey
the right title and interest.
ACTING PRESIDENT McGEE: Senator
Espada.
5053
SENATOR ESPADA: Madam President,
I now move to reconsider the vote by which
this Assembly bill was substituted for Senator
Maziarz's bill, Senate Print Number 6721A, on
June 17th of this year.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: Senator
Espada.
SENATOR ESPADA: Madam President,
I now move that Assembly Bill Number 10731A be
recommitted to the Committee on Rules and that
Senator Maziarz's bill be restored to the
order of Third Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
Senator Espada.
SENATOR ESPADA: Madam President,
on page 25 I offer the following amendments to
Calendar Number 662, Senate Print Number
6228A, and ask that said bill retain its place
on the Third Reading Calendar. We do this on
behalf of Senator Spano.
5054
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Bonacic, we have
substitutions at the desk.
SENATOR BONACIC: First of all,
excuse me, Madam President, there's a
Transportation Committee meeting at the
Majority Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Transportation
Committee in the Majority Conference Room.
SENATOR BONACIC: Madam
President, could you please make the
substitutions at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 11,
Senator Kuhl moves to discharge, from the
Committee on Rules, Assembly Bill Number 7535A
and substitute it for the identical Senate
Bill Number 3947B, Third Reading Calendar 260.
On page 15, Senator Skelos moves to
discharge, from the Committee on Rules,
5055
Assembly Bill Number 9852B and substitute it
for the identical Senate Bill Number 6133B,
Third Reading Calendar 380.
On page 24, Senator Espada moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9943A and substitute it
for the identical Senate Bill Number 6478A,
Third Reading Calendar 640.
On page 32, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9770 and substitute it
for the identical Senate Bill Number 6271,
Third Reading Calendar 820.
On page 43, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11536 and substitute it
for the identical Senate Bill Number 6861,
Third Reading Calendar 1003.
On page 43, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9002A and substitute it
for the identical Senate Bill Number 6862,
Third Reading Calendar 1004.
On page 44, Senator Balboni moves
to discharge, from the Committee on Rules,
5056
Assembly Bill Number 11163A and substitute it
for the identical Senate Bill Number 7294A,
Third Reading Calendar 1032.
On page 45, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 5237A and
substitute it for the identical Senate Bill
Number 109B, Third Reading Calendar 1061.
On page 47, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11543 and substitute it
for the identical Senate Bill Number 6554,
Third Reading Calendar 1089.
On page 47, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11111A and substitute it
for the identical Senate Bill Number 6634A,
Third Reading Calendar 1093.
On page 49, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8904B and substitute it
for the identical Senate Bill Number 2400B,
Third Reading Calendar 1123.
On page 54, Senator Balboni moves
to discharge, from the Committee on Rules,
5057
Assembly Bill Number 11167A and substitute it
for the identical Senate Bill Number 7180A,
Third Reading Calendar 1262.
On page 54, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5750D and substitute it
for the identical Senate Bill Number 7441A,
Third Reading Calendar 1279.
On page 55, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11590 and substitute it
for the identical Senate Bill Number 7519,
Third Reading Calendar 1345.
On page 56, Senator Padavan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11553 and substitute it
for the identical Senate Bill Number 7529,
Third Reading Calendar 1347.
On page 56, Senator Padavan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11552 and substitute it
for the identical Senate Bill Number 7530,
Third Reading Calendar 1348.
On page 57, Senator Padavan moves
to discharge, from the Committee on Rules,
5058
Assembly Bill Number 9766A and substitute it
for the identical Senate Bill Number 6268A,
Third Reading Calendar 1394.
On page 58, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9846 and substitute it
for the identical Senate Bill Number 6479,
Third Reading Calendar 1395.
On page 58, Senator Stafford moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11419 and substitute it
for the identical Senate Bill Number 6609,
Third Reading Calendar 1396.
On page 58, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11322 and substitute it
for the identical Senate Bill Number 7370,
Third Reading Calendar 1402.
On page 58, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11507 and substitute it
for the identical Senate Bill Number 7463,
Third Reading Calendar 1404.
And on page 59, Senator Stafford
moves to discharge, from the Committee on
5059
Rules, Assembly Bill Number 11466 and
substitute it for the identical Senate Bill
Number 7485, Third Reading Calendar 1406.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Bonacic.
SENATOR BONACIC: Madam
President, may we please adopt the Resolution
Calendar.
ACTING PRESIDENT McGEE: All in
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Those
opposed, nay.
(No response.)
ACTING PRESIDENT McGEE: The
Resolution Calendar is adopted.
Senator Bonacic.
SENATOR BONACIC: I believe
there's a privileged resolution by Senator
Velella at the desk. I ask that the title be
read and we move for immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
5060
THE SECRETARY: By Senator
Velella, Legislative Resolution Number 6126,
calling upon the New York State Congressional
Delegation to advocate the funding of an
additional 13 weeks of Unemployment Insurance.
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 Bonacic.
SENATOR BONACIC: Madam
President, I also believe that there are four
privileged resolutions by Senator Bruno. I
ask that their titles be read and we move for
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 6201, authorizing the
Temporary President of the Senate to file an
5061
election to make certain officers or employees
of the Senate eligible for the retirement
incentive offered by Part A of Chapter 69 of
the Laws of 2002, as amended by Chapter 90 of
the Laws of 2002.
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.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 6202, authorizing the
Temporary President of the Senate to file an
election to make certain officers or employees
of the Senate eligible for the retirement
incentive offered by Part B of Chapter 69 of
the Laws of 2002, as amended by Chapter 90 of
the Laws of 2002.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
5062
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 6203 of the
Senate and Assembly, authorizing the Temporary
President of the Senate and the Speaker of the
Assembly to file an election to make certain
officers and employees of joint legislative
employers eligible for the retirement
incentive offered by Part A of Chapter 69 of
the Laws of 2002, as amended by Chapter 90 of
the Laws of 2002.
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.)
5063
ACTING PRESIDENT McGEE: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 6204 of the
Senate and Assembly, authorizing the Temporary
President of the Senate and the Speaker of the
Assembly to file an election to make certain
officers and employees of joint legislative
employers eligible for the retirement
incentive offered by Part B of Chapter 69 of
the Laws of 2002, as amended by Chapter 90 of
the Laws of 2002.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Bonacic.
SENATOR BONACIC: Madam
President, may we please have the
5064
noncontroversial reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
214, by Senator Nozzolio, Senate Print 2672B,
an act to amend the General Municipal Law, in
relation to enhancing.
ACTING PRESIDENT McGEE: 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, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
300, by Senator Libous, Senate Print --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
341, by Senator Saland, Senate Print 3778, an
5065
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to family
offenses.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
371, by Senator Velella, Senate Print 3663A,
an act --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
518, by Senator Seward, Senate Print 1050, an
act to amend the State Finance Law and Chapter
83 of the Laws of 1995.
SENATOR PATERSON: Lay it aside,
5066
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
587, by Senator Nozzolio --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
594, by the Assembly --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
598, by Senator Velella, Senate Print 6476, an
act to amend the Labor Law, in relation to the
treatment of Indian tribal governments.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5067
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
608, by Senator Bonacic, Senate Print --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
640, substituted earlier today by Member of
the Assembly Perry, Assembly Print Number
9943A, an act to amend the Education Law.
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, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
696, by Senator Velella, Senate Print 6713, an
5068
act to amend the Workers' Compensation Law, in
relation to the death benefits for police
officers.
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, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
820, substituted earlier today by Member of
the Assembly Tocci --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
838, by the Assembly Committee on Rules,
Assembly Print Number 8853A, an act to amend
the Vehicle and Traffic Law, in relation to
5069
seat belt use.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
930, by Senator Libous --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
948, by Senator Hoffmann, Senate Print 6511A,
an act to amend the Agriculture and Markets
Law, in relation to the apportionment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
5070
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
962, by Senator Fuschillo, Senate Print 880,
an act to amend the General Business Law, in
relation to written notification.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Madam
President, I ask that we lay that aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
SENATOR BONACIC: Thank you.
THE SECRETARY: Calendar Number
998, by Senator Balboni, Senate Print 2070, an
act to amend the Labor Law, in relation to
increasing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
5071
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1026, by Senator LaValle, Senate Print 7146A,
an act to amend the Town Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1193, by the Assembly Committee on Rules,
5072
Assembly Print Number 11084A, an act to amend
the Public Health Law.
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, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1264, by Senator Stafford, Senate Print 7407,
an act to amend the Environmental Conservation
Law, in relation to posting.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Madam
President, we'd like to lay that aside for the
day, please.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1296, by Senator McGee, Senate Print 7351A, an
5073
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.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1320, by Senator Wright, Senate Print 7451A,
an act to authorize the Town of Hannibal.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
5074
ACTING PRESIDENT McGEE: 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, in
relation to benefits.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1345, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11590, an act to amend Chapter 19 of
the Laws of 1994.
SENATOR PATERSON: Lay it aside,
please.
5075
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1366, by Senator Marcellino, Senate Print 98B,
an act to amend the Tax Law, in relation to
exempting.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of a
sales tax quarterly period.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: After the roll
call, Madam President, I'd like to address
you.
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Paterson.
SENATOR PATERSON: Madam
5076
President, is Calendar Number 1323 still in
the house? Sorry, that's Calendar Number
1366.
ACTING PRESIDENT McGEE: 1366?
SENATOR PATERSON: Sorry, 1323.
ACTING PRESIDENT McGEE: Which
one, 1323?
SENATOR PATERSON: 1323.
Then I'm going to announce my
retirement.
(Laughter.)
ACTING PRESIDENT McGEE: I'm
sorry, Senator Paterson, we are moving the
bills out as quickly as we sign them. It's my
understanding the bill has gone.
Do you care to speak on the bill?
SENATOR PATERSON: Shortly, Madam
President. Thank you.
ACTING PRESIDENT McGEE: Thank
you.
The Secretary will read.
THE SECRETARY: Calendar Number
1372, by Senator Volker, Senate Print 2893C,
an act to amend the General Municipal Law, in
relation to the construction.
5077
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
13 --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: Which
one? We haven't read it yet.
The Secretary will read.
THE SECRETARY: Calendar Number
1378, by Senator Brown --
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration for Calendar Number 1372.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
5078
is laid aside.
The Secretary will read.
THE SECRETARY: Calendar Number
1378, by Senator Brown, Senate Print 5150B, an
act to amend the Highway Law, in relation to
designation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect --
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1380, by Senator Larkin, Senate Print 6621A,
an act to authorize the County of Orange.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1393, by Senator Marcellino, Senate Print --
SENATOR PATERSON: Lay it aside,
please.
5079
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1394, substituted earlier today by Member of
the Assembly Carrozza, Assembly --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1395, substituted earlier today by Member of
the Assembly Kolb, Assembly Print Number --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1396, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11419 --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Madam
5080
President, immediate meeting of the Finance
Committee, please, in the Majority Conference
Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Finance Committee in
the Majority Conference Room, please.
SENATOR BONACIC: Thank you.
ACTING PRESIDENT McGEE: 1396 has
been laid aside.
The Secretary will read.
THE SECRETARY: Calendar Number
1397, by Senator Stafford, Senate Print 6677A,
an act authorizing the Town of Greenwich.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
has been laid aside.
THE SECRETARY: Calendar Number
1398, by Senator Larkin, Senate Print 6873A,
an act authorizing the City of Newburgh.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
I'm sorry, Senator Paterson.
5081
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1399, by Senator LaValle, Senate Print 7145,
an act to amend the Social Services Law.
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
1400, by Senator Maziarz, Senate Print 7193A,
an act to amend the General Municipal Law, in
relation to establishing.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Bonacic.
SENATOR BONACIC: Madam
President, we ask that Calendar 1323 be
reconsidered by the vote on which it passed,
5082
please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1323, by Senator Marchi, Senate Print 6155A,
an act to amend the General Municipal Law.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
SENATOR BONACIC: Please lay that
bill aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
The Secretary will continue in
regular order.
THE SECRETARY: Calendar Number
1401, by Senator Morahan, Senate Print 7364,
an act to amend the Banking Law, in relation
to prohibiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5083
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1402, substituted earlier today by the
Assembly Committee on Rules, Assembly 11322,
an act to authorize the City of Albany.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1404, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11507, an act authorizing the --
SENATOR PATERSON: Lay it aside,
5084
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Is 1402 still in
the house?
ACTING PRESIDENT McGEE: Yes,
it's still in the house.
SENATOR KUHL: Maybe if Senator
Paterson would like to remove some objections
before I move to reconsider the vote by which
this bill passed the house.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if you'd like to go back and read
the noncontroversial calendar, starting with
Calendar Number 1378, I'd be happy to remove
the objections. Anything that would make
Senator Kuhl feel more comfortable here in the
chamber.
ACTING PRESIDENT McGEE: Senator
Kuhl.
5085
SENATOR KUHL: I'll await the
rereading of the noncontroversial calendar,
beginning with that section, that bill that
Senator Paterson said.
And could we just hold Calendar
1402 at the desk for the time being.
ACTING PRESIDENT McGEE:
Certainly.
Senator Bonacic.
SENATOR BONACIC: We'd like to
restart the noncontroversial calendar at
Calendar Number 1378, please, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read, starting with Calendar
Number 1378.
THE SECRETARY: Calendar Number
1378, by Senator Brown, Senate Print 5150B, an
act to amend the Highway Law, in relation to
the designation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5086
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1380, by Senator Larkin, Senate Print 6621A,
an act to authorize the County of Orange.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. 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
1393, by Senator Marcellino, Senate Print
6071A, an act to amend the Civil Service Law,
in relation to directing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
5087
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Marcellino, to explain his vote.
SENATOR MARCELLINO: Madam
President, this bill is an important step. It
allows for our state workers to get leave in
order to take mammography tests. They will
not be charged time, it will not go against
them.
This bill, in conjunction with what
we did yesterday in women's health, I think is
an excellent step. And it moves us forward
towards taking care of our people and giving
our people the proper tools they need. We
look forward to the private sector to use this
bill as an example and to take it up and
provide workers with time off so that they can
get the medical attention they need to prevent
this terrible disease from attacking their
families and their loved ones.
So, Madam President, I thank the
chamber for its vote and its support, and I
5088
thank the leadership for bringing this bill to
the floor. Thank you again.
ACTING PRESIDENT McGEE: Thank
you, Senator Marcellino.
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1394, substituted earlier today by Member of
the Assembly Carrozza, Assembly Print Number
9766A, an act to amend the Highway Law.
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
1395, substituted earlier today by Member of
the Assembly Kolb, Assembly Print Number 9846,
5089
an act to authorize Richard L. Simpson.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1396, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11419, an act to amend the Criminal
Procedure Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
5090
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1397, by Senator Stafford, Senate Print 6677A,
an act authorizing the Town of Greenwich.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. 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
1398, by Senator Larkin, Senate Print 6873A,
an act authorizing the City of Newburgh,
County of Orange.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
5091
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
1399, by Senator LaValle, Senate Print 7145,
an act to amend the Social Services Law, in
relation to the return of a child.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Madam
President.
I just -- I'm voting in the
affirmative, and I just want to say this is a
great bill.
5092
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
Senator Duane, in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1400, by Senator Maziarz, Senate Print 7193A,
an act to amend the General Municipal Law, in
relation to establishing.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1404, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11507, an act authorizing the assessor
of the Town of Milo.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5093
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1405, by Senator Trunzo, Senate Print 7472A,
an act to amend the Criminal Procedure Law, in
relation to designating.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1406, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11466, an act to amend Chapter 485 of
the Laws of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5094
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1407, by Senator Maltese, Senate Print 7490,
an act to amend the Criminal Procedure Law, in
relation to jurisdiction of counties.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1408, by Senator Leibell, Senate Print 7495,
an act to amend the Retirement and Social
Security Law, in relation to providing.
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.
5095
THE SECRETARY: Calendar Number
1409, by Senator McGee, Senate Print 7511, an
act authorizing the Dunkirk City School
District.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Madam
President, may we -- we'd like to lay this
bill aside for the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
Thank you, Senator Bonacic.
THE SECRETARY: Calendar Number
1410, by Senator Marchi, Senate Print 7540, an
act authorizing the Fred and Gertrude England
Hospital Education Foundation.
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
5096
is passed.
THE SECRETARY: Calendar Number
1411, by Senator Lack, Senate Print --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1412, by Senator Libous, Senate Print 7560, an
act to amend the Mental Hygiene Law, in
relation to community.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. 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
1414, by Senator LaValle, Senate Print 7576,
an act to amend the Town Law and Chapter 114
of the Laws of 1998.
5097
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1415, by Senator Morahan, Senate Print 7577,
an act to amend the General Municipal Law, in
relation to creating.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1416, by Senator Maltese, Senate Print 7581,
an act to amend the Correction Law, in
5098
relation to authorizing the Commissioner of
Correctional Services.
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.)
ACTING PRESIDENT McGEE: Senator
Montgomery.
Senator Bonacic.
SENATOR BONACIC: I think Senator
Montgomery is up, and we'd like to recognize
Senator Montgomery.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: All right,
thank you. Thank you, Madam President.
I would just like to compliment
Senator Maltese on this legislation. I think
it's excellent. And I'm just only hopeful
that the Assembly will agree and pass this
legislation as well.
Thank you. I'm voting yes, Madam
5099
President.
ACTING PRESIDENT McGEE: Thank
you, Senator Montgomery.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
In order of the introductions of
this legislation, I'd like to say on behalf of
former Senator Abate and myself, and now
Senator Maltese, that this is a great bill and
I'm hoping that the Governor will sign it.
Thank you. I'll be voting yes,
Madam President.
ACTING PRESIDENT McGEE: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1417, by Senator Nozzolio, Senate Print 7589,
an act to amend the Highway Law, in relation
to designating.
ACTING PRESIDENT McGEE: Read the
last section.
5100
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.
Senator Bonacic, that completes the
noncontroversial reading of the calendar.
SENATOR BONACIC: Thank you,
Madam President.
Can we now go to the controversial
reading of the calendar. We would ask that --
we'd like to take up Senator Velella's two
bills first, 371 and 820. And then we're
going to do the Judiciary report.
So let's start with Calendar 371 of
the controversial calendar, if we can, Madam
President.
ACTING PRESIDENT McGEE: Thank
you, Senator Bonacic.
The Secretary will read.
THE SECRETARY: Calendar Number
371, by Senator Velella, Senate Print 3663A,
5101
an act to amend the General Business Law, in
relation to trash dumpsters.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, an explanation has been requested.
SENATOR VELELLA: Thank you,
Madam President.
This bill is a very simple bill.
It would require that any dumpsters left on
the perimeter of the highways in this state be
painted or stripped with a fluorescent band of
paint so that they would be visible from the
road at night.
There have been numerous accidents
where people have run into these dumpsters,
and this would require that a strip or a
painting of a fluorescent color be placed on
these units.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: Yes, on the
bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Gentile, on the bill.
SENATOR GENTILE: Well, I
5102
congratulate Senator Velella for a bill of
this type, and I will be supporting it.
I think it must also be said that
too many of these dumpsters have coopted
portions of our public streets. And I think
that what we need to do is enforce the
sanitation laws that are in the City of
New York that strictly regulate the use of
dumpsters on our streets. I've been trying to
do that in my neighborhood. Unfortunately,
the community board in Bay Ridge has not
agreed with that program.
This is a good bill. I will vote
for it, Senator. But I think we need to take
the next step and convince the Department of
Sanitation of the City of New York to not
allow community businesses to coopt parts of
our sidewalks.
So I will vote in favor.
SENATOR VELELLA: Last section.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
5103
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
820, substituted earlier today by Member of
the Assembly Tocci, Assembly Print Number
9770, an act authorizing the City of
New Rochelle.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, an explanation has been requested by
Senator Paterson.
SENATOR VELELLA: Yes, Madam
President. This bill authorizes the City of
New Rochelle to accept an application for a
real property tax exemption on property owned
by the Thornton-Donovan School.
In March of 2001, the school closed
on the purchase of a parcel of land in
New Rochelle. Since then, the school has paid
just over $10,000 in property taxes to the
City of New Rochelle.
This school is a tax-exempt
5104
institution with a 501(c)(3) status and should
not have actually paid those taxes. This bill
would allow them to apply to have the monies
returned.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I laid this bill aside for Senator
Dollinger. I can only imagine what he would
say.
(Laughter.)
SENATOR VELELLA: Senator
Paterson, I realize you're here as a
representative of the people. I think you're
more than competent to represent Senator
Donovan [sic]. You can ask the questions.
SENATOR PATERSON: What I'll do,
Madam President, is I'll let Senator Dollinger
come back and vote on this bill. I believe
he's in the Rules Committee -- he's out of the
chamber at the moment.
But I'll enter Senator Velella's
name in Senator Dollinger's sweepstakes, this
infection that he talks about that went from
Long Island to Brooklyn. I guess it's gone up
5105
to Westchester.
And with that, Madam President, I
will conclude my remarks on this bill.
ACTING PRESIDENT McGEE: Thank
you, Senator Paterson.
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.
Senator Bonacic.
SENATOR BONACIC: I'd like to
continue with Senator Velella, Calendar Number
1345, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1345, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11590, an act to amend Chapter 19 of
the Laws of 1994.
5106
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, on this bill we're extending a
sunset. And really, if Senator Velella would
just yield for a question, I just want to know
what we've learned in the time of enactment
that persuades us that we should extend the
limitations.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Well, the
answer to that is that we've learned that we
have saved a lot of consumers of this state
the burden of losing products, losing their
property and not being able to get it
returned.
This bill originally was one of the
most progressive consumer bills. As a matter
of fact, I call it the Velella Consumer
Protection Act. But, you know, just by
coincidence, it happens to be my bill.
But what it does is it allows
credit card companies to insure against the
loss of a product that you buy on that card.
5107
We all see on television if it's lost, stolen
and you bought it on your card, you can make a
claim and have it returned. That was, for a
long time in this state, being done illegally,
because it was actually selling insurance. So
we changed the Insurance Law so that these
companies could offer these benefits to the
consumers of this state.
The law expires -- this is just a
continuation, and I'm sure you would want to
see this done. If there's an actual study of
how much it has helped consumers, I don't
know. But it certainly hasn't hurt them any.
And I'm sure there are many people
in your district or in mine that have made
claims on purchases they made with credit
cards or returned items or had them stolen or
lost and are very happy that this Velella
Consumer Protection Act is on the books.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Would the
sponsor of the Velella Consumer Protection Act
yield for another question.
ACTING PRESIDENT McGEE: Senator
5108
Velella, will you yield?
SENATOR VELELLA: Absolutely.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: My goodness.
Guy's Law. Okay.
SENATOR VELELLA: If you want to
call it Guy's Law, feel free.
SENATOR PATERSON: Okay. Madam
President, is there any thought to repealing
the sunset? Senator Velella got up and made a
case for us to just make this a continuing
law. I think it's established that we don't
need to keep extending it, that perhaps we
should just institute it as a law.
SENATOR VELELLA: I agree with
you, Senator. And we have spoken to the State
Superintendent of Insurance, who is
reevaluating it. And we may see, when this
bill -- when this extension expires, we may
see a permanent bill. Or we may see one next
year. But the State Insurance Department
wanted to just hold off on it until they had a
better opportunity to reevaluate it.
But I think -- I know you'd be
5109
happy to join me in making it a permanent law.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Yes, Madam
President. I'll join Senator Velella. And
we're going to now call it the Paterson
Consumer Protection Act, because I don't think
Senator Velella had thought about talking to
the Superintendent until I brought it up,
quite frankly.
(Laughter.)
SENATOR VELELLA: Last section.
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.
Senator Bonacic.
SENATOR BONACIC: Could we now
return to the reports of standing committees.
5110
I understand that there's the Judiciary report
at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations.
As a justice of the Supreme Court
of the Second Judicial District, Elizabeth
Bonina, of Brooklyn.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Elizabeth Bonina, of Brooklyn, as a justice to
the Supreme Court for the Second Judicial
District.
We received the nomination from the
Governor, we have examined the credentials of
the candidate. They were found to have been
excellent and in order. She appeared this
morning before the full Judiciary Committee
and was unanimously moved to the floor for
consideration at this time.
And I'm very happy to yield to
5111
Senator Marchi for purposes of a second.
ACTING PRESIDENT McGEE: Senator
Marchi.
SENATOR MARCHI: Madam President,
she is not from Staten Island, which would be
the acme of my joy. But she is really about
as close as you can get to it. My house,
where I live, I can see the district that she
comes from. And I've known the family for a
long, long time. It's right across the
Narrows. It's sort of -- from where I stand
at home, it's just a little to the left of the
Verrazano Bridge. So we can see each other
from a distance.
But we have -- I've known the
family. The family is a very fine family.
We're not confirming the family for this.
We're confirming a very fine exemplar of that
family that has much to boast about.
She went to Villanova University,
practiced law for about seven years in varied
aspects of the law with great distinction,
with great ability, and a variety of
experiences. And she just moved on, and
everything -- within a relatively short
5112
period, she was proving herself over and over
again, and has been functioning for the last
year as the chair of the New York City Taxi
and Limousine Commission, as the chief
administrative law judge.
So she's had an experience of
lectures that she's given to the Brooklyn Bar
Association, to the state bar, to groups. So
she's articulate, with a sound mind and a good
background. Not only in experience, but her
own personal qualities of integrity and
commitment to the profession, Madam President,
has endeared everybody who has met with her
and interacted with her that she is indeed a
very superbly equipped candidate for this
position.
So it is with great enthusiasm that
I second the nomination that enjoyed the
unanimous support of the Judiciary Committee.
And would hope that you also if we get to that
point felicitously, very swiftly, she is with
us this afternoon.
So it's with great, great pleasure
that without further dunning the obvious about
the kind of sentiments she elicits
5113
professionally and personally, what more can I
say? We're lucky to have her, and we're
anxious to see her in the service of the
larger public.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: Thank you,
Madam President. I believe my good colleague
from Staten Island is very correct in that
Elizabeth (Beth) Bonina is not from Staten
Island.
Elizabeth (Beth) Bonina is
Brooklyn's pride, and Brooklyn's pride shines
through today. Definitely because the
Governor has made a tremendous nomination here
in Elizabeth Bonina to serve as justice of the
Supreme Court of the Second Judicial District.
And as much as I love Staten Island, I think
today is Brooklyn's day and Bay Ridge's day in
Brooklyn for this nomination.
You know, Madam President, when a
nomination is made to the Supreme Court you
would hope that nominee has the commitment,
the necessary commitment to the law to serve
adequately and have an impact as a justice.
5114
Beth Bonina has that kind of commitment to the
law. She's grown up with a family of lawyers,
and her law firm and her family's law firm has
done tremendous work in Brooklyn. So she has
that commitment.
You would hope a nominee would have
the type of experience that a justice of the
Supreme Court would need to serve on that
bench. Elizabeth Bonina has that type of
experience. She has that breadth of
experience as an attorney, both in preparing
cases and in trying cases. So she comes up
with all As in that area too.
But, you know, I have to say
something else about Elizabeth (Beth) Bonina,
because I've known her not as much in the
legal area, but I've known her in the
community sense, in the civic sense. And
Elizabeth Bonina has been a tremendous civic
leader. Even though many times we've been on
opposite political sides, when it comes to the
community both of us have been on the same
side. We've both worked for this community.
And I admire the advocacy and the commitment
that Elizabeth Bonina shows to the Brooklyn
5115
and particularly the Bay Ridge community.
For one instance, she has for years
organized on her own, through volunteer
efforts, an annual Toys for Tots program
around the holiday time. And she donates
space in her own apartment, and we put
together, with community members from all
parts of Bay Ridge, we put together a program
that she has championed and led where we
donate toys to children at the holiday times.
That is the story of Elizabeth
(Beth) Bonina -- committed and an advocate,
but also committed to our community. So this
truly is, truly is a good day for the State of
New York, it's a good day for the people of
Brooklyn, it is a banner day for the people of
Bay Ridge. And I know that her family is very
proud of her. I want her to know the people
of Bay Ridge are very proud of her. And she
will do well as a justice of the Supreme
Court.
So, Madam President, I stand
proudly to second this nomination today of
Elizabeth (Beth) Bonina.
ACTING PRESIDENT McGEE: The
5116
question is on the confirmation of Elizabeth
Bonina, of Brooklyn, as a justice of the
Supreme Court of the Second Judicial District.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE:
Elizabeth Bonina, of Brooklyn, is hereby
confirmed as a justice of the Supreme Court of
the Second Judicial District.
Her Honor is being joined this
afternoon in the chambers by her husband,
William Engfer; her parents, John and Barbara
Bonina; and brother, John.
And on behalf of the New York State
Senate, may we welcome you to the chamber and
say congratulations to you on your new
confirmation and appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Nassau County Court, George R. Peck, of
5117
Williston Park.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
George R. Peck, of Williston Park, as a judge
of the Nassau County Court.
We received the nomination from the
Governor. The staff of the committee examined
the credentials of Judge Peck. They were
found to be completely in order. And he
appeared before the committee earlier this
morning and was unanimously moved to the floor
for consideration at this time.
And I'm most happy to yield to
Senator Balboni for purposes of a second.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, I have the opportunity to rise
today on someone who maybe not many people in
New York State have actually heard the name,
but should recognize the fact that in some of
the most criminal prosecutions in the history
of Nassau County, this gentleman has played an
5118
incredibly significant role.
Among some of the personal efforts
that he has made in prosecutions are the cases
of Matthew Giglio, the last Nassau County
police officer murdered in the line of duty
and the last capital case tried in Nassau
County. George Peck was the prosecutor in all
of these cases. Leon Stern, the former Nassau
County assistant district attorney and
prominent, rising lawyer, shot and killed in
his own home. Christopher Gruen, the young
Newsday carrier, who was the victim of a
savage attack while delivering newspapers.
He also tried the case of the Long
Island Railroad shooter, Colin Ferguson. And
that was the case in which most people came to
see this articulate, serious, thoughtful
prosecutor, because of all the time that he
appeared before the television cameras in that
capacity.
Judge Peck served on the Nassau
County District Court with distinction. He
loves being a judge. He is someone who
represents not only the best that we have to
offer from a judicial and legal perspective,
5119
but he also represents his community with
great integrity and with great affection.
This nominee before us has taken
his life and given it to the pursuit of public
service and public protection. We can do no
better than to confirm this nominee.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
question is on the confirmation of George R.
Peck, of Williston Park, as a judge of the
Nassau County Court. All in favor will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: George
R. Peck, of Williston Park, is hereby
confirmed as a judge of the Nassau County
Court.
He is joined in the chambers today
by his wife, Patricia, and his son, William.
On behalf of the State of New York,
may I say welcome to the chambers and
congratulations.
5120
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Westchester County Court, Irene Ratner, of
New Rochelle.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Irene Ratner, of New Rochelle, whose
nomination as a judge of the Westchester
County Court we received from the Governor.
We examined her credentials; they
were perfectly in order. She appeared before
the committee earlier this morning and was
unanimously moved to the floor for
consideration at this time.
And I most happily yield to Senator
Spano for purposes of a second.
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: Thank you very
much, Senator Lack.
Madam President, it's my pleasure
5121
to speak in favor of the nomination of Irene
Ratner for the County Court in Westchester.
I'm very glad that Governor Pataki has chosen
someone with Irene Ratner's experience, with
her intelligence, her temperament, her
character, and all of those attributes that
make her just an excellent choice for the
vacancy in the Westchester County Court.
She started her career years ago in
the Small Claims Court. She went on and
became an assistant district attorney. She
has been involved in over 400 cases involving
domestic violence, child abuse, and other
criminal cases. Her most recent legal
experience was in the Westchester Family
Court, where she serves as an associate court
attorney and a court attorney referee.
She's been involved in a number of
activities in Westchester and has been an
advocate on behalf of a number of activities,
such as Holocaust Survivors and a number of
other Jewish associations.
She has a tremendous amount of
community experience, a tremendous amount of
experience in the bar, a number of devotions
5122
to her own family and to our community in
Westchester. And I'm glad that she is here,
and joined today by her husband, Joe, and her
two children. And it's her son's birthday
today. We want to wish him a happy birthday.
And her mom, Franka Gertel, who is also here.
So it is my pleasure to stand today
to second the nomination of an outstanding
person who will do so well and make us all
proud as an ideal candidate for the County
Court bench in Westchester.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Irene
Ratner as a judge of the Westchester County
Court. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Irene
Ratner, of New Rochelle, is hereby confirmed
as a judge of the Westchester County Court.
She is joined in the chamber by her
family, as was said by Senator Spano.
5123
And may we take this opportunity to
say welcome to the chambers. Congratulations
to you on behalf of the New York State Senate.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Court of Claims, Judith A. Hard, of Albany.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Judith Ann Hard, of Albany, as a judge of the
Court of Claims.
We received this nomination from
the Governor. I must say we were very happy
to receive it. Judy Hard is a member of the
Senate family, although she hasn't worked for
the Senate for a number of years. The years
that she did work here, in the late '80s, she
was very well known to all of us who were
around at the time. She was an analyst, and a
very good one, for the Senate Finance
Committee.
As my friend Abe Lackman likes to
5124
say, he prides himself -- and came to the
committee meeting this morning to say that he
hired Judy Hard. And we're very happy he did,
because that led to her career later. I'm not
going to steal all of Senator Breslin's
thunder, but I will say it led to a career
later in government that has resulted in her
being able to sit in our west gallery this
afternoon.
And I think I and all my colleagues
in the Senate are very happy that a member of
the Senate family is now becoming a judge of
the Court of Claims.
Obviously, we examined her
credentials. It was an easy thing to do,
knowing her background and experience. She
appeared before the committee earlier this
morning, and was unanimously moved to the
floor for consideration at this time.
And I'm very happy to yield to
Senator Breslin for purposes of a second.
ACTING PRESIDENT McGEE: Senator
Breslin.
SENATOR BRESLIN: Thank you,
Senator Lack.
5125
It's my pleasure to second the
nomination of Judith Hard for the Court of
Claims -- a constituent of mine, a graduate of
Mount Saint Vincent's, a graduate of Western
New England College of Law, and she received a
master's degree in law from Boston University.
And to stand here and talk about a
protege of Abe Lackman is a distinction that
any one of us would enjoy. Her years spent
working in the Senate Finance Committee and
her years spent working in the Assembly as
counsel to the Minority. Additionally, her
five years spent as first deputy in the
Governor's office. And then to culminate
that, prior to this nomination, her years as
Executive Deputy Commissioner of Tax and
Finance.
At each stage, she has
distinguished herself and has prepared herself
for this moment in time to become a judge in
the Court of Claims. And it is my pleasure to
second that nomination.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Balboni.
5126
SENATOR BALBONI: Thank you,
Madam President.
Another individual who has risen
through the ranks. As a matter of fact, I
share, very much from a personal perspective,
the odyssey that Judith Hard has started. We
began in the same year in the same
institution, 1985, in the New York State
Senate. Obviously, she has done much better
in her career.
She'll continue to do better. She
has -- as I said in the Judiciary Committee,
whatever tasks she has done, whatever
endeavors she has undertaken, she has done it
with the finest of intention, intellect, and
integrity. Judith Hard is one of those
people, those rare individuals who gives
everything she has for public service and only
seeks to assist the process. She's not
interested in turf, she's not interested in
ego. She's interested in moving the process
along.
She is going to make an excellent
jurist. And I think that we can do ourselves
proud by confirming this nominee.
5127
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Thank you, Madam
President.
Both as county executive and as a
state senator, I've watched Judith Hard handle
some of the most difficult and nettlesome
legal problems that anyone can imagine. And I
can say this very briefly. She is smart, she
is honest, she is totally committed to public
service, and she is the kind of person who can
stay balanced and centered in the face of very
difficult problems.
And she's the most remarkable kind
of lawyer: she can answer a question with a
direct, understandable answer. She is exactly
the kind of person who belongs on the bench.
Good luck, Judge.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
I rise also to support the
nomination of Judy Hard. She worked as our
floor counsel when we were in the Assembly
5128
Minority. And we were blessed to have Vicky
Graffeo in there at the same time, so we had
two very learned attorneys. Vicky went on to
the Court of Appeals, and now Judith is going
on to the Court of Claims.
We are very fortunate to have both
these distinguished attorneys serve in
judicial capacities for the people of the
State of New York, and I know Judy is going to
do an excellent job.
Thank you very much, Madam
President.
ACTING PRESIDENT McGEE: Thank
you, Senator Bonacic.
The question is on the confirmation
of Judith A. Hard, of Albany, as a judge of
the Court of Claims. All in favor will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Judith
A. Hard, of Albany, is hereby confirmed as a
judge of the Court of Claims.
5129
Judge Judith, may I take this
opportunity to say congratulations to you,
welcome to this chamber, and how wonderful
that we can confirm you on your birthday.
Congratulations.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Court of Claims, Nicholas V. Midey, Jr., of
Manlius.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise once again to move the
nomination of Nicholas V. Midey, Jr., of
Manlius, to succeed himself as a judge of the
Court of Claims.
We've examined Judge Midey's
record. He appeared before the committee
earlier today. His exemplary record was
talked about. He was moved unanimously to the
floor.
And I'm very happy to yield for
5130
purposes of a second to Senator Nozzolio.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. Thank you, Senator Lack.
I rise to second the nomination of
Nicholas V. Midey, Jr. -- of Manlius today,
but formerly of Seneca Falls -- to
reappointment as a judge of the New York State
Court of Claims.
It's hard to believe that it has
been seven years since Governor Pataki began
what has been a process continuing to this day
of the nomination of judges who are extremely
competent, who are extremely varied in their
backgrounds, and who are uniquely qualified to
serve in capacities of jurists for the State
of New York.
Judith Hard certainly fits that
description. I wish to associate my remarks
or my support for the remarks made during her
nomination. She herself, with a background in
the Legislature, is bringing a unique view to
the bench.
And that's what happened seven
5131
years ago when, again, Governor Pataki began a
process of putting together the best qualified
lawyers from across the state to be part of
the judiciary.
Nick Midey certainly exemplifies
that uniqueness, in the sense that he was
schooled in the best undergraduate and law
school programs in the country, came home to
serve his town and his community as a
practitioner, involved in a number of
community and civic affairs as well as a
background in the workings of courts at every
level -- the town court, village court, county
court, family court, surrogate's court.
Those lawyers that have a broad
brush of background Governor Pataki sought out
as he began putting together the components of
the judiciary under his watch. Those seven
years have produced great judges. I'd like to
thank those that were mentioned that are
serving on the Court of Appeals that have been
a part of Governor Pataki's nominations. We
all have special kinship to those,
particularly Dick Wesley and Vicky Graffeo,
who served in the Legislature as staff people,
5132
as elected officials.
But going through the rest of the
judiciary, as we have nominated today a great
group of individuals, and Nicholas V. Midey,
Jr., stands out, deserves reappointment, has
served the state extremely well as a member of
the Court of Claims.
I'm proud that Governor Pataki is
renominating him. I'm prouder yet that he
sought him out seven years ago to serve in the
Court of Claims. I'm prouder still to know
Nick Midey as a friend. Ladies and gentlemen,
I urge his nomination.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I'm delighted to be able to rise
and also second the nomination of Nicholas
Midey, and once again commend the Governor on
having the great common sense to appoint, or
reappointment, in this case, not only a very
good friend of Senator Nozzolio but also a
resident of the 48th Senate District in the
beautiful town of Manlius.
5133
Manlius has been home recently to
many distinguished appointments. Just last
week we reconfirmed Mrs. Aminy Audi to the
State Education Board of Trustees. We have
had numerous judges and other high-ranking
officials come from that lovely town, as well
as other beautiful parts of the 48th Senate
District.
And I'm very pleased to join in
seconding the nomination of Nick Midey for his
reappointment to the Court of Claims today.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Nicholas V.
Midey, Jr., of Manlius, as a judge of the
Court of Claims. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Nicholas
V. Midey, Jr., of Manlius, is hereby confirmed
as a judge of the Court of Claims.
May I say, Judge Midey, thank you
so much for being here. Congratulations to
5134
you, and welcome to the chamber. On behalf of
the New York State Senate, I say
congratulations to you again.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Court of Claims, Stephen J. Mignano, of
Cortlandt Manor.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise once again to move the
nomination of Stephen J. Mignano, of Cortlandt
Manor, as a judge of the Court of Claims to
succeed himself.
The judge was before us two years
ago. His record has certainly proved to be
excellent since then. He appeared earlier
this morning before the committee, was
unanimously moved to the floor for
consideration at this time.
And I'm very happy to yield to
Senator Leibell for purposes of a second.
5135
ACTING PRESIDENT McGEE: Senator
Leibell.
SENATOR LEIBELL: Thank you very
much, Senator Lack and Madam President.
And it was approximately two years
ago that I had the opportunity to rise on this
floor to speak on this nomination. And when I
spoke at that time, I first thanked the
Governor for sending us such an excellent
name, but I also recounted the many things
that the nominee had been involved in.
Besides having an excellent
education, he'd been extensively in the
practice of law; he'd been on the Governor's
transition team in 1994, specializing in the
environmental area; he'd been a lecturer, he
had written numerous articles. He had been
someone who had become well-versed in a wide,
wide variety of areas of the law.
And since that time, Steve Mignano
has served on the Court of Claims and done so
with great distinction. So I'm very pleased
to recount the comments I made approximately
two years ago, but also add now that he has
great, great experience on our court system in
5136
New York State.
I'd also like to move this
nomination, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Leibell.
The question is on the confirmation
of Stephen J. Mignano, of Cortlandt Manor, as
a judge of the Court of Claims. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Stephen
J. Mignano, of Cortlandt Manor, is hereby
confirmed as a judge of Court of Claims.
He is joined in the gallery by his
wife, Barbara; his son, David; his parents,
Domick and Sandra Mignano; and law clerk Simon
O'Donnell.
May I take this opportunity to
welcome you on behalf of the New York State
Senate and say congratulations on your
confirmation.
(Applause.)
5137
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: Madam President,
we'd like to return to the calendar and please
have the Secretary read Calendar 1400.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1400.
THE SECRETARY: Calendar Number
1400, by Senator Maziarz, Senate Print 7193A,
an act to amend the General Municipal Law, in
relation to establishing.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Maziarz, an explanation has been requested.
SENATOR MAZIARZ: Thank you,
Madam President.
This bill would change the minimum
age for individuals to be able to work at
bingo games in New York State. Currently the
minimum age for individuals to conduct or
assist in the conduct of bingo operations is
18.
Several organizations, particularly
volunteer fire companies, have young people of
5138
the age of 16 and 17 who are in -- they either
call them Explorer groups or Junior
Firefighter groups. These are individuals who
are working their way into becoming full
volunteer firefighters at the age of 18.
Currently, because of this New York
State law, these individuals are not allowed
to assist at the fire company bingo
operations. This bill would allow them to
assist -- not to conduct the games, but to
assist at such things as selling refreshments,
parking of cars, and so forth.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Maziarz would yield for
a question.
ACTING PRESIDENT McGEE: Senator
Maziarz, will you yield for a question?
SENATOR MAZIARZ: Absolutely,
Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
5139
SENATOR PATERSON: Madam
President, there's nothing about the bingo
game that particularly bothers me, as would be
the case with the volunteer fire companies. A
younger person assisting them might be a good
opportunity for them to work and also to learn
a skill about working in these types of
places.
But my understanding is that in a
number of these bingo parlors there is a
tremendous amount of smoke coming from people
who are smoking while they're actually
playing. My question to Senator Maziarz is
does he see that or would he consider that to
perhaps be hazardous to those who'd be under
the age of 18.
SENATOR MAZIARZ: I certainly
would consider that to be hazardous, Madam
President. And I think that perhaps when we
pass Senator Fuschillo's bill, that may be
taken care of. But the answer to your
question is yes, I do see that as being a
hazard.
And I would also tell my good
friend Senator Paterson that many, many bingo
5140
organizations, particularly those in the
upstate region, have banned smoking,
voluntarily banned smoking, and are also
subject, I think, to some county health
department rules and regulations on smoking at
bingo games.
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, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Spano.
SENATOR SPANO: Can we go to
Calendar 594, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar 594, by Senator
Trunzo.
THE SECRETARY: Calendar Number
594, by the Assembly Committee on Rules,
5141
Assembly Print Number 8846, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Trunzo, an explanation has been requested.
SENATOR TRUNZO: Madam President,
this bill builds off of a current law which
had been to combat auto theft, known as CAT,
something which was created many years ago by
Senator Leonard Stavisky.
And I believe that Senator Stavisky
currently wanted to speak on the bill. I
don't know if you want to handle that now or
wait until later.
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: If Senator Trunzo
would suffer an interruption, we'd like to lay
the bill aside and ask for an immediate
meeting of the Republican Majority in the
Majority Conference Room.
We will resume at 2:00 o'clock.
5142
ACTING PRESIDENT McGEE: The bill
is laid aside.
There will be an immediate Majority
conference in the Majority Conference Room.
The Senate will resume at 2:00 o'clock.
(Whereupon, the Senate stood at
ease at 1:35 p.m.)
(Whereupon, the Senate reconvened
at 2:20 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could return to Calendar Number 594, by
Senator Trunzo.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
594, by the Assembly Committee on Rules,
Assembly Print Number 8846, an act to amend
the Vehicle and Traffic Law, in relation to
New York motor vehicle theft prevention
program.
SENATOR BRESLIN: Explanation.
ACTING PRESIDENT McGEE: Senator
Trunzo, an explanation has been requested.
5143
SENATOR SKELOS: Madam President,
if I'm correct, I believe Senator Stavisky
wanted to explain her vote. So if we could
have the last section read and then call the
roll. If I'm correct --
SENATOR STAVISKY: I think
Senator Breslin is speaking in response to my
request, simply -- I don't have any questions
for the sponsor.
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.)
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, to explain my vote.
My husband was the originator of
the CAT program many, many years ago. And
this gives the Police Department in the City
of New York permission to stop a car that is
normally not driven during the wee hours of
5144
the morning. It has been successful in
preventing auto theft, in addition to VIN
etchings and other programs.
What we're doing here is
substituting a federal decal program. And in
fact, a number of years ago we met with the
deputy attorney general in D.C. on this very
issue, on the idea of a national program to
combat auto theft where the decal would be
uniform throughout the fifty states.
This really has no effect on the
CAT program in New York City. It provides
uniformity, which is, I think, a good idea. I
think the whole key is going to be funding on
the part of the federal government, on the
part of the State Department of Criminal
Justice.
And with the assurances from the
chairman of the Transportation Committee that
this is indeed the case, I will vote aye.
ACTING PRESIDENT McGEE: Recorded
in the affirmative. Thank you, Senator
Stavisky.
Announce the results.
THE SECRETARY: Ayes, 56.
5145
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1405,
by Senator Trunzo.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1405.
THE SECRETARY: Calendar Number
1405, by Senator Trunzo, Senate Print 7472A,
an act to amend the Criminal Procedure Law, in
relation to designating.
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, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
5146
would you please call up Calendar Number 608,
by Senator Bonacic.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 608.
THE SECRETARY: Calendar Number
608, by Senator Bonacic, Senate Print 2772B,
an act to amend the Penal Law, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Bonacic, an explanation has been requested.
SENATOR BONACIC: Yes, Madam
President.
This is an act to amend the Penal
Law, in relation to establishing the vehicular
assault of a provider of emergency services to
be a first-degree vehicular assault.
This stems out of an incident that
happened in Port Jervis where a police
5147
officer, after a country fair, was directing
traffic. Someone came along and hit him and
kept going. And normally, that would -- he
was charged with vehicular assault in the
second degree, an E felony.
And we want to make it a D felony,
a special penalty when you injure an
individual who's involved in emergency
services while on duty.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield,
through you.
SENATOR BONACIC: I will.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, when I first read this
bill I thought that perhaps it was parallel to
a bill that we dealt with a week or two ago of
having stronger charges when somebody
committed a felony, I think it was against
transit officers. So my first reading of this
was this was some kind of parallel bill.
5148
But my second reading, and based on
the example you used, leads me to the
question: Does this bill deal with the intent
of the driver, that they intended to harm an
emergency service worker? Or is it I did
not -- you know, I am guilty -- in this
scenario, I am guilty of driving the car, I am
guilty of perhaps a DWI, I am guilty of
perhaps a hit-and-run in the example you gave.
But was my intention specifically to do harm
to someone who was employed as an emergency
service worker, or just by default that person
I hit might have been an emergency service
worker?
SENATOR BONACIC: It has nothing
to do with intent. You're dealing with
criminal negligence where there's physical
injury, perhaps under the influence of alcohol
or drugs. But if you hit an emergency
services person -- not intentionally, but as
I've described -- we want to bump it up one
degree in a felony from an E to a D.
Emergency services people put
themselves more in harm's way because they are
volunteers. And let me just tell you, if I
5149
may, what our category is of emergency service
provider. It would be an EMT, emergency
vehicle operator, police officer, peace
officer, firefighter, emergency medical
service paramedic, medical or related
personnel from a hospital emergency
department, rescue squad member, and must be
acting in that capacity when the injury
occurs.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield, through
you, to an additional question.
ACTING PRESIDENT McGEE: Senator
Bonacic, will you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, I'm still concerned with
the issue of the intent is not different if I
am the driver of a vehicle that hit you, not
working as a volunteer or aid emergency
service worker, versus that you're on duty.
Is there a precedent in other
criminal laws where, not because of the intent
5150
but rather because of the job description of
the person who gets harmed, we have a
different felony statute?
SENATOR BONACIC: Yeah. When you
try to intentionally hurt someone, depending
on the degree of your success -- did you
cripple them, did you bruise them -- penalties
are much more severe than what we're talking
about here. You could have a B felony or a
C felony, depending on the degree of injury
that you intentionally tried to cause.
That's a whole different category
over here. This bill is not addressing
intentional acts of injury.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If I could speak on the
bill, please.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I'm afraid I think I have to vote
against this bill, even though I don't have a
strong objection per se about the importance
of recognizing the dangers of working in
emergency services as a volunteer or as a paid
5151
professional. But, rather, the fact that this
is not an issue of changing felony charges
because of differing intents of criminals or
of a negligent or criminal act, but rather
that the person harmed is wearing a uniform or
not wearing a uniform or on a specific duty or
not.
If I could believe that this bill
was intended to serve as a deterrent that
someone who might have -- as we passed it in a
bill, people who were in transportation, I
think, positions that they felt that they were
open to greater attack from people, with
intent, because they are working with the
public in certain jobs, I was comfortable
voting for that bill. But I don't see the
parallel here.
Because here the issue is it was
not an intent of the driver of the car to do
greater harm or less harm to the person
because they were an emergency service worker,
it was simply a fact that a person who got hit
was an emergency service worker.
So I think it's a precedent that
makes me nervous about for us to start
5152
establishing criminal law that rather than
addresses different felony charges to
different levels of intent, rather has
different felony charges based on who gets
harmed.
Because I think, as I understood
the Senator's explanation -- and I appreciate
his explanation -- if I was the person walking
across the road from the state fair from
Point A to Point B and I got hit by -- Senator
Duane was driving the car in this example.
I'm sorry, but I looked at you.
So if Senator Duane hits me as I'm
crossing the road, then he would have one
felony charge to face. But if in fact I was
serving as an emergency service worker, either
in a voluntary or paid position, he would face
a stiffer charge under this law.
And yet I don't think that we could
show that Senator Duane's intent was different
towards me whether or not I was serving in
that role.
I'm not going to yield to a
question, Senator Duane, no matter how much
you ask me to now.
5153
But again, that's my concern, that
we open up this door. And so I'm not
comfortable with moving law down that road
where, rather the intent of the criminal act,
rather who is affected by the criminal act,
almost by happenstance, changes the status of
the felony charge. So I will vote against the
bill and hope that others will think about
that.
Thank you, Madam President.
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, 54. Nays,
2. Senators Hassell-Thompson and L. Krueger
recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
5154
if we could return to reports of standing
committees and take up the Finance Committee
report.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the State Liquor
Authority, Lawrence J. Gedda, of Lynbrook.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Thank you,
Madam President. We had three fine
appearances today.
And I yield to Senator Skelos from
the great County of Nassau.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Thank you very
much, Senator Stafford.
It's my pleasure to move the
nomination of Lawrence J. Gedda as a
commissioner of the State Liquor Authority.
Larry is a public school graduate
5155
of Valley Stream, my home community that I
represent. United States Army Command
Intelligence School; Penn State University;
special agent, United States Army
Counterintelligence Corps. And I think what's
significant for this nomination, since 1963
he's worked with the State Liquor Authority.
If you talk to anybody that's
involved in the industry, they will tell you
that Larry Gedda is a gentleman, a consummate
professional, and a person who the Governor
can be very proud of in his reappointment.
So it's my pleasure to move the
nomination of Lawrence J. Gedda as a
commissioner of the State Liquor Authority.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Lawrence
Gedda as a member of the State Liquor
Authority. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Lawrence
5156
Gedda is hereby confirmed as a member of the
State Liquor Authority.
On behalf of the New York State
Senate, may I say welcome to the chambers and
congratulations on your reappointment,
Mr. Gedda.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Susan L Kupferman, of New York City.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, as I mentioned, we had three fine
appearances before us today, and Susan was one
of them.
It's always a real pleasure when
you can stand, as Senator Skelos just did and
I can do at the present time, and talk about
individuals who are being appointed who have
done so well in the fields to which they're
being appointed. They understand the area,
and they are the type of appointments that
5157
make this state what it is.
I would point out that Susan is a
survivor in many, many ways. All you have to
do is look at her resume. And she actually
served here in the Senate. And of course when
you've worked with Norman Levy in
Transportation, you became an expert, I assure
you. If you didn't, there was a problem.
And Susan has moved on each time,
doing so well with the Thruway Authority, in
the executive chamber, responsible for
transportation to the executive branch. And I
would say that we could have no finer
appointment.
As I've said, you know, in this day
and age when people are rather cynical about
government -- and I can see everyone is just
hanging on every word here. It's just very
exciting. But on a serious note, when people
are cynical about government, you just have to
see the kind of appointments, and including
Susan's -- and of course I would mention,
obviously, that Susan now is director of
operations in the mayor's office in the
greatest city in the world, the greatest city
5158
in this state in excess of 1 million
population. I have to point that out.
But, Madam President, it's indeed a
pleasure to move the confirmation of Susan
Kupferman.
ACTING PRESIDENT McGEE: Thank
you, Senator Stafford.
Senator Stachowski.
SENATOR STACHOWSKI: Madam
President, I'd like to rise to second the
nomination of Susan Kupferman. This is a
great appointment by both the Mayor and the
Governor in sending her name up. And I'm
happy to be up and talking about her.
As you can see from her resume,
that she's a very intelligent person and very
efficient. Because in her case, she
transcends political parties. She worked for
the Senate Republicans on the Finance
Committee, she worked for the Democratic
governor, and she then was appointed by the
Republican governor to the Thruway Authority
and now works for a Republican mayor. And so
the politics don't really play into her
appointments, it's the ability that plays into
5159
her appointments.
And having the experience of having
worked closely with her when she was with the
governor, and having appreciated all her help
and advice in working on many projects in the
transportation area, I'm tickled to be able to
rise and second her nomination.
I'd like to congratulate Mayor
Bloomberg on sending her name up. I'd like to
also congratulate him on being smart enough to
pick someone like her to run his office of
operations.
And as much as this resume reveals,
I'm sure that she didn't necessarily want to
have that cover sheet that gave out her date
of birth for everybody to see that maybe isn't
one of her closest friends. But I didn't want
to be completely serious, so I had to throw
that in.
Susan, I'm tickled to be up and
talking about you, and it's a pleasure to see
you and see that you're doing so well. And it
was my pleasure to congratulate the Governor
and the Mayor on this appointment.
ACTING PRESIDENT McGEE: The
5160
question is on the confirmation of Susan
Kupferman as a member of the Metropolitan
Transportation Authority. All in favor will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Susan
Kupferman is now hereby confirmed as a member
of the MTA board.
On behalf of the Senate of the
state, may I say congratulations on your
confirmation and welcome you and your friend
Bernard McCarry and your brother, Richard
Kupferman. Congratulations.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Mark D. Lebow, Esquire, of New York City.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
5161
President, again, it's a pleasure.
Before we get to Mark, Senator,
where's that date of birth? Oh, I didn't see
it. I didn't see it. I guess it isn't there.
I guess it isn't there.
I also would point out that Susan
is working for a mayor who's Republican who
was a Democrat.
Now, moving on to Commissioner
Lebow, because he's going to be confirmed,
anyone who graduates from Yale magna cum
laude -- and it's very discouraging for me
nowadays, Madam President: everybody is
younger than I am -- and then Harvard Law
School, that goes a long way.
Then when you continue that Mark
Lebow was administrative partner for Coudert
Brothers, the law firm -- and anybody that
knows the law firms in the greatest city of --
in the great city of New York, which is the
greatest in excess of 1 million people in the
state -- you understand that it is most
impressive to be administrative partner and to
have been a partner since 1972.
Also, Mr. Lebow was in the
5162
Department of Justice and he was on the
New York City Civil Service Commission, and he
chaired the Manhattan Community Board.
He's been involved, he understands
and appreciates and is sensitive to
transportation issues. He's had experience,
he has an interest.
And, Madam President, again, it is
a pleasure for me to move the confirmation of
this fine nominee, Mark Lebow.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yes, I hesitate
to heartily agree with Senator Stafford, since
I'm not a graduate of Harvard or Yale but a
graduate of Brooklyn College and New York
University. But I completely agree with the
chairman of the Finance Committee.
I have known Mark Lebow in a
different capacity. He also serves as the
president of the American Red Magen David for
Israel. And over the past year, year and a
half, we have worked very closely together in
terms of the position of the American Red
Cross within the international federation and
5163
the international federation's denial of
the -- for the admission of the State of
Israel because of the Star of David that it
has.
Mark not only is an outstanding
professional, a bright man with a great deal
of integrity, but he is also someone who is
deeply involved, not only in this organization
but other organizations. And I know he will
bring a great deal of intelligence, substance,
and integrity to the MTA.
And it is a great pleasure to
second his nomination.
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I must
say -- and I'm going to overcome my natural
aversion and competitiveness to Harvard Law
School, being a Yale Law School family.
But we had a wonderful meeting a
little earlier with Mark Lebow, and I must say
he impressed me very much and seemed very open
to my concerns, which were sort of unique and
different from those of the City of New York,
as being a suburban senator. And my concerns
5164
were not -- were less of the rail type than of
new initiatives.
But I'm very happy to second the
nomination, because I think this will be a
wonderful addition to the MTA board. Thanks.
ACTING PRESIDENT McGEE: Thank
you, Senator.
The question is on the confirmation
of Mark D. Lebow as a member of the MTA board.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: All
opposed will say nay.
(No response.)
ACTING PRESIDENT McGEE: Mark D.
Lebow is hereby confirmed as a member of the
MTA board.
And may I say welcome to the
chamber, congratulations, and our best wishes
to you in your appointment.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
5165
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room, please.
The Secretary will read.
THE SECRETARY: As a nonvoting
member of the Metropolitan Transition
Authority, Andrew Albert, of New York City.
As a member of the Adirondack Park
Agency, Frank L. --
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: I would point
out, although this gentleman didn't appear,
Madam President, I'm sure you wouldn't mind to
individually move this nomination. And I
believe Andrew is -- well, there he is. He is
with us.
And it's a pleasure to have you.
And most people would say that you were very
fortunate in not having to appear. Possibly
next time.
Move confirmation, please.
ACTING PRESIDENT McGEE: Thank
5166
you.
The question is on the confirmation
of Andrew Albert as a nonvoting member of the
MTA. All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Andrew
Albert is hereby confirmed as a nonvoting
member of the MTA.
May I say congratulations, welcome
to the chambers, and good wishes.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Adirondack Park Agency, Frank L. Mezzano,
of Lake Pleasant.
As members of the Dormitory
Authority, Jose Alberto Corvalan, M.D., of
Armonk, and Thomas H. O'Neill, Jr., of
Hamburg.
As a member of the New York State
Energy Research and Development Authority, Jay
5167
L. Gottlieb, of New York City.
As a member of the New York State
Olympic Regional Development Authority, James
E. Shea, Jr., of Lake Placid.
As a member of the Port Authority
of New York and New Jersey, Bruce A. Blakeman,
Esquire, of New York City.
As a trustee of the Power Authority
of the State of New York, Frank S. McCullough,
Jr., Esquire, of Rye.
As a member of the New York State
Thruway Authority, Nancy E. Carey Cassidy, of
Loudonville.
As a member of the board of
directors of the Great Lakes Protection Fund,
Gerald F. Mikol, of Orchard Park.
As a member of the Small Business
Advisory Board, Catherine Crowley, of New York
City.
As a member of the Finger Lakes
State Park, Recreation and Historic
Preservation Commission, Marcia Herrling
Finch, of Union Springs.
As a member of the Genesee State
Park, Recreation and Historic Preservation
5168
Commission, Terry Lowell, of Dalton.
As a member of the Lake George Park
Commission, Bruce Young, of Huletts Landing.
As a member of the Palisades
Interstate Park Commission, Samuel F. Pryor,
III, Esquire, of Bedford Hills.
As a member of the Saratoga-Capital
District State Park, Recreation and Historic
Preservation Commission, Michael T. Dennis, of
Wilton.
As members of the Thousand Islands
State Park, Recreation and Historic
Preservation Commission, Thomas R. Grow, of
Massena, and Myrna Ellen O'Neil, of
Ogdensburg.
As a member of the Republic Airport
Commission, Philip Acinapuro, of North
Massapequa.
As members of the Stewart Airport
Commission, Steven M. Neuhaus, of Chester, and
James C. Wright, of New Windsor.
As commissioner of the Ohio River
Valley Water Sanitation Commission, Douglas E.
Conroe, of Maple Springs.
As a member of the Veterans'
5169
Affairs Commission, Ben E. Peets, of Tupper
Lake.
As members of the Medical Advisory
Committee, John Angerosa, Jr., M.D., of
Scotia; Ruben P. Cowart, of Syracuse; and
Norman R. Loomis, M.D., of Ontario.
As a member of the New York State
Environmental Facilities Corporation, William
F. McCarthy, of New York City.
As a member of the board of
directors of the Roosevelt Island Operating
Corporation, Mark Ponton, of Roosevelt Island.
As members of the Advisory Council
on Alcoholism and Substance Abuse Services,
Richard G. Dobell, of Endwell; Kenneth L.
Oakley, Ph.D., of Batavia; and John G.
Phillips, of Watertown.
As a member of the Advisory Council
on the Commission on Quality of Care for the
Mentally Disabled, E. Regis Obijiski, of
Tillson.
As a member of the Council on Human
Blood and Transfusion Services, Donna
Skerrett, of Mount Vernon.
As a member of the Passenger
5170
Tramway Advisory Council, Ray Allard, of
Rensselaer, and Russell R. Coloton, Jr., of
Hunter.
As members of the State Council on
the Arts, Karen LeFrak, of New York City;
Betty Levin, of New York City; and Linda E.
Mondello, of Oyster Bay Cove.
As a member of the State Fire
Prevention and Building Code Council, Jeffrey
Centra, of West Nyack.
As a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Batavia, Roy
J. Wullich, of Batavia.
As a member of the Board of
Visitors of the Bronx Psychiatric Center,
Samuel Lopez, of the Bronx, and Nellie Neazer,
of the Bronx.
As members of the Board of Visitors
of the Bronx Children's Psychiatric Center,
Raquel C. Coca, of the Bronx, and John T.
Shea, of the Bronx.
As a member of the Board of
Visitors of the Capital District Developmental
Disabilities Services Office, Lucile Richards,
5171
of Albany.
As members of the Board of Visitors
of the Finger Lakes Developmental Disabilities
Services Office, Mary H. Derby, of Geneseo,
and Nelli L. Mitchell, M.D., of Rochester.
As members of the Board of Visitors
of the Hudson Valley Developmental
Disabilities Services Office, Howard Coron,
Ph.D., of Forestburgh, and Alice L. Kayser, of
Orangeburg.
As a member of the Board of
Visitors of the Long Island Developmental
Disabilities Services Office, Walter L.
Krudop, of Patchogue.
As members of the Board of Visitors
of the Manhattan Psychiatric Center, Peter G.
Holden, Sr., of New York City, and Agnes A.
Violenus, of New York City.
As a member of the Board of
Visitors of the Metro New York Developmental
Disabilities Services Office, Toni Agovino, of
the Bronx.
As a member of the Board of
Visitors of the New York State Home for
Veterans and their Dependents at Montrose,
5172
William T. Mahan, of New City.
As a member of the Board of
Visitors of the Pilgrim Psychiatric Center,
Frank Ruggiero, of Garden City.
As members of the Board of Visitors
of the Rockland Psychiatric Center, John A.
Murphy, of Orangeburg, and Margot Vazquez, of
Suffern.
As members of the Board of Visitors
of the Rockland Children's Psychiatric Center,
George A. Hoehmann, of Nanuet, and Theresa
O'Rourke, of Orangeburg.
As members of the Board of Visitors
of the Sagamore Children's Psychiatric Center,
Grace E. Clench, of Brentwood, and Louise P.
Jones, of Amityville.
And as members of the Board of
Visitors of the Sunmount Developmental
Disabilities Services Office, William R.
Cuthbert, of Potsdam; Dawn P. Lavigne, of
Massena; and Carolyn Smith, of Massena.
ACTING PRESIDENT McGEE: The
question is on the confirmation of the
appointees as read by the Secretary. All in
favor signify by saying aye.
5173
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Those as
read by the Secretary are hereby confirmed by
the Senate.
Senator Morahan.
SENATOR MORAHAN: Madam
President, could we return to the regular
calendar and take up Calendar Number 930.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar 930.
THE SECRETARY: Calendar Number
930, by Senator Libous, Senate Print 1778, an
act to amend the Education Law, in relation to
providing for the certification.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Libous, an explanation has been requested by
Senator Liz Krueger.
SENATOR LIBOUS: Thank you, Madam
President.
This legislation before us would
5174
allow a podiatrist to be certified to perform
acupuncture within the scope of podiatric
practices.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield.
ACTING PRESIDENT McGEE: Does the
sponsor yield?
SENATOR LIBOUS: I would be
honored to yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Could you explain to me the
difference between being certified as an
acupuncturist and being licensed as an
acupuncturist, as it relates to the actual
services that podiatrist would be providing
under this bill?
SENATOR LIBOUS: Sure. Right
now, as you know, we have acupuncturists in
New York State and they have to go through a
5175
certification process. Podiatrists are
actually authorized under their licensure to
perform surgery. And we think that it makes
sense, because they can do that like medical
doctors and also like dentists, who can also
perform acupuncture. We think that it fits
into their scope of practice.
Actually, I would say that because
of the fact that they can perform surgery,
that this really fits in quite nicely.
Therefore, once this bill passes, they would
have to or they would be required, under state
law, to go through an education course, and
certainly an examination, very simply, the way
that acupuncturists are licensed presently.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would
continue to yield, please, through you.
SENATOR LIBOUS: I'd be happy to.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Perhaps -- I've not been to an
acupuncturist, so I'm not totally familiar
with this. If I was a podiatrist who was
certified under your bill to perform
5176
acupuncture, would that only be related to
problems of the foot, or would I as a
certified acupuncturist then be able to put up
a new sign that I also do acupuncture for
anyone who walks in?
SENATOR LIBOUS: Madam President,
through you, the Senator asks a very excellent
question. And the answer is yes, you are
correct that it would only relate to those
items of the foot.
And I can speak on that with minor
authority, Senator, only because a number of
years ago we passed a scope of practice law
here that I sponsored that dealt with
podiatrists that said that anything below the
ankle. And so that would also follow in this
particular piece of legislation, that they
would deal with acupuncture as it would fit in
treatment of the foot.
SENATOR LIZ KRUEGER: Only the
foot. Thank you, Madam President. If,
through you, the sponsor would continue to
yield.
ACTING PRESIDENT McGEE: Senator
Libous, will you continue to yield?
5177
SENATOR LIBOUS: I would be
honored.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Again, anatomy is not my strong
point. But my understanding is in acupuncture
an acupuncturist might choose to put needles
in my ears to deal with a problem on my feet
or needles in my foot for a problem with my
chest, my lung -- thank you, Senator.
So again, in this scenario, it
would be people who came to a podiatrist for
problems related to their feet and then the
podiatrist would have the authority, as you
explained it, to provide acupuncture services
that might be above their ankle, the
acupuncture itself, but only for problems
related to their feet?
SENATOR LIBOUS: Madam President,
again through you, this would be related to
the foot, the treatment of the foot, as is
under the present rules of the scope of
practice for podiatry.
5178
SENATOR LIZ KRUEGER: Okay.
Thank you, Madam President, if the sponsor
would continue to yield, through you.
ACTING PRESIDENT McGEE: Senator
Libous, would you continue to yield?
SENATOR LIBOUS: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Is there liability to a podiatrist
for something that could go wrong if they were
performing acupuncture on a foot but it had an
outcome of a medical problem on the rest of
the body? Is there liability insurance
specific to a podiatrist --
SENATOR LIBOUS: They would be
covered, Madam President, just as they are
now, under the same circumstance as if they're
doing surgery on the foot.
SENATOR LIZ KRUEGER: Thank you.
Thank you for the clarification.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
5179
Madam President, through you, if the Senator
would yield to a question.
ACTING PRESIDENT McGEE: Senator
Libous, would you yield --
SENATOR LIBOUS: I would be
pleased to yield.
ACTING PRESIDENT McGEE: The
Senator would be pleased to yield.
SENATOR HASSELL-THOMPSON: Thank
you.
I heard the explanation that you
gave to Senator Krueger as to the difference
between licensing and certifying. And this
bill, as I understand it, is a request for
certification, not for licensure.
SENATOR LIBOUS: That's correct.
SENATOR HASSELL-THOMPSON: Is it
not true that in the certification process,
the numbers of hours for -- to be certified
are such that the person would receive a
certificate that says that they have the
capacity to do this, but in the State of
New York isn't it also required that if you
are a certified, versus licensed, that you
would have to work someone who is licensed in
5180
order to perform acupuncture?
SENATOR LIBOUS: Madam President,
I can answer that. There may be just a touch
of confusion with the Senator.
Let me share with you that the
podiatrist, under present scope of practice
law, can perform surgery. An acupuncturist
cannot perform surgery. An acupuncturist is
certified under state law, just like many
other types of professions are certified under
state law.
When this law passes, when the
Governor signs this, podiatrists will then
have to take 60 semester hours of study. They
will then have to complete an examination.
And then they would be, at that point in time,
certified to perform acupuncture on the foot.
SENATOR HASSELL-THOMPSON:
Through you, Madam President.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: I
would like to continue a discussion with the
Senator, if he would yield.
SENATOR LIBOUS: I would be
5181
honored to continue to yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you. I say discussion, versus question,
because I wanted to give you a frame of
reference.
As a nurse, and as a nurse who
works in substance abuse treatment, I am
currently certified -- well, no, that's not
true. I'm not currently certified because I
haven't been practicing, so I'm out of
certification. But I was certified to
perform, as a treatment, acupuncture for drug
use.
With that certification, it allowed
me, under the supervision and auspices -- with
that certification, it allowed me to practice
in a clinical setting under the auspices and
supervision of a licensed acupuncturist. In
order to obtain my certification, I had to do
in excess of 60 hours in order to be
certified.
To be licensed, it is required that
somewhere between 3,000 and 4,500 hours are
5182
required to be considered as one who is
proficient and is capable to perform
acupuncture as a treatment.
Having said that, how then can you
answer the question that Senator Krueger asked
about if the person is then qualified with a
certification to hang a shingle that indicates
that they are -- they can provide acupuncture
treatment for podiatric conditions?
SENATOR LIBOUS: Madam President,
through you. Under current law, Senator, a
doctor, a medical doctor is a licensed medical
doctor but he or she is certified to do
acupuncture. A dentist is licensed by the
State of New York for dentistry, and they are
certified to do acupuncture.
Under this law, a podiatrist, okay,
is also certified to do surgery or licensed to
do surgery and would be then certified to do
acupuncture on the foot.
SENATOR HASSELL-THOMPSON: Madam
President, through you, if the Senator would
continue to yield.
ACTING PRESIDENT McGEE: Will you
continue to yield, Senator Libous?
5183
SENATOR LIBOUS: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. Through you.
Senator Libous, you just said that
a doctor who is licensed to practice medicine
in the State of New York is authorized --
certified. He has automatic certification --
SENATOR LIBOUS: No, no, I didn't
say that. Madam President, I didn't say that.
If he or she chooses to go through
the same educational course that podiatrists
will be required to, they can then be
certified for acupuncture. The same as a
dentist under current law.
And what we are doing now is
including podiatrists, who are also surgeons,
to be able to complete the educational course
so that they would then be certified to
perform acupuncture on the foot.
SENATOR HASSELL-THOMPSON: Madam
President, through you.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
5184
SENATOR HASSELL-THOMPSON: Thank
you, Senator. You're confusing me.
SENATOR LIBOUS: I'm sorry,
Senator. I'm trying not to do that.
SENATOR HASSELL-THOMPSON: No,
and that's not your responsibility.
SENATOR LIBOUS: That is not my
intent. That is not my intent.
SENATOR HASSELL-THOMPSON: I know
it isn't.
This bill speaks to certification.
And what you are saying to me is that a
physician, a dentist, now a podiatrist, with
the passage of this bill --
SENATOR LIBOUS: That's correct.
We want to add podiatry to that list of those
surgical professions that can be certified to
do acupuncture. But in this case, only on the
foot.
SENATOR HASSELL-THOMPSON: My
confusion, then -- I'm still within the
question, Madam President. My confusion,
then, is in the practice of medicine at the
neighborhood health center where I have just
most recently worked, a physician, in order to
5185
be licensed to practice acupuncture medicine,
had to take 3,000 hours in order to qualify to
hang a shingle that gave permission, that gave
authorization to practice this kind of
medicine.
Are you telling me that this bill
would give special consideration to a
podiatric practitioner with only 60 hours and
that that person could then hang their shingle
certifying that they can practice without
supervision?
SENATOR LIBOUS: Madam President,
no, I am not saying that there are any special
arrangements here. The podiatric physician
will have to go through the same requirements
as the dentist who chooses to do so or the
medical doctor who chooses to do so or the
acupuncturist who chooses to do so. Then they
would be certified to perform acupuncture on
the foot.
SENATOR HASSELL-THOMPSON: Madam
President.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
5186
you.
ACTING PRESIDENT McGEE: You're
welcome.
SENATOR HASSELL-THOMPSON: Would
you like to add something to that before I ask
my next question?
SENATOR LIBOUS: Staff informs me
that certification, under New York State law,
is a lesser requirement of 60 hours for this
particular case.
SENATOR HASSELL-THOMPSON: That
was exactly my question.
SENATOR LIBOUS: But that's
New York State law. We're not creating new
law here or creating special privilege, we're
just -- we're conforming to the law that is --
SENATOR HASSELL-THOMPSON: Right.
That was my question. Which is why I put it
in the framework, Senator, of being a special
category. Because every other group for
certification is required, in order to be
certified.
You're shaking your head --
ACTING PRESIDENT McGEE: Senator
Libous.
5187
SENATOR LIBOUS: Madam President,
may I ask the Senator a question?
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson, will you yield?
SENATOR HASSELL-THOMPSON: I will
yield to a question.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIBOUS: Senator, what
are you trying to get at here? What is your
point?
SENATOR HASSELL-THOMPSON: I need
to be sure that under this law that it is not
required that the practice of podiatric
medicine with acupuncture treatment does not
require that this person be supervised by
someone who is licensed. That is the basis of
my concern.
Because in the use of acupuncture
treatment for many and most kinds of
treatment, it is required that a certified
person must work under the supervision of a
licensed person. And I needed to be sure, if
this were not true, why this was not true for
this category. That's all I want to know.
5188
That's my point.
Thank you, Madam President.
ACTING PRESIDENT McGEE: You're
welcome.
Any other Senator wishing to speak
on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Yes, Madam
President. I rise for the purposes of
explaining my vote.
Notwithstanding the fact that
Senator Libous is a very dear friend and is
someone who is a champion in this particular
cause, and also we agree very -- I should say
we agree to the extent possible that
acupuncture is a valuable service that should
be provided and offered to the citizens of
this state.
5189
However, there is a problem with
this whole issue. An acupuncturist right now
has to spend between 3,000 and 4,500 hours in
becoming an acupuncturist. In this bill,
suddenly you have somebody who could practice
the art of acupuncture with 60 hours.
Something's wrong. Either there's too much of
a requirement placed upon those wishing to be
certified or there's too little placed upon
individuals seeking to have this added skill
be recognized by the State of New York.
I'm going to ask that I work with
Senator Libous in this bill to see what we can
do, should it become law, in its enforcement.
And also perhaps next year if we revisit this
issue, perhaps we could take a look at
addressing this issue. Because for the people
who practice acupuncture, this is a big issue.
Why should they have to spend all this time
when suddenly another group can come in and
truncate the period dramatically?
In that case, I respectfully vote
in the negative.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
5190
SENATOR HASSELL-THOMPSON: Yes,
Madam President. If I may, just on the bill.
On my vote. On my vote.
I agree with Senator Balboni. And
as he knows, that hasn't happened very, very
often in these chambers. But I think what he
has done is get at the heart of what my
concern is. And that is that the variation
in -- and I think we experienced this in
nursing, and I think that that's one of the
things that nursing is attempting to do now,
so that there's not such a wide disparity
between who is considered a nurse and who is
not.
And I think in the business of
acupuncture, it is a very delicate, very
old -- over 5,000 years old -- practice. But
I think that we do not do ourselves a service
if we do not study this as an issue and be
sure that in the passage of this kind of
legislation that we're not giving favoritism
where we really should have some skepticism.
So I will be voting no.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson in the negative.
5191
Senator Paterson.
SENATOR PATERSON: Madam
President, I just voted no.
ACTING PRESIDENT McGEE: Senator
Paterson in the negative.
Announce the results.
Will all those voting in the
negative please raise their hands so that we
can have a proper vote.
THE SECRETARY: Those recorded in
the negative on Calendar Number 930 are
Senators Balboni, Hassell-Thompson, McGee, and
Paterson. Also Senator Stachowski. Ayes, 52.
Nays, 5.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we please return to reports
of standing committees. I understand there's
a Rules Committee report at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
5192
following bills:
Senate Print 2835, by Senator
Volker, an act to amend the Criminal Procedure
Law;
3732B, by Senator McGee, an act to
amend the Executive Law;
3923, by Senator Stafford, an act
to amend the Public Officers Law;
4647A, by Senator LaValle, an act
to amend the Education Law;
5114A, by Senator Morahan, an act
to amend the General Municipal Law;
5322B, by Senator LaValle, an act
authorizing;
6220A, by Senator Nozzolio, an act
to amend the Civil Service Law;
6278A, by Senator Stavisky, an act
in relation;
6318B, by Senator Skelos, an act to
amend the Labor Law;
6596A, by Senator Espada, an act to
amend the Emergency Tenant Protection Act;
6778B, by Senator Wright, an act to
amend the Public Service Law;
7013, by Senator Bonacic, an act to
5193
amend the General Municipal Law;
7128A, by Senator Fuschillo, an act
to amend the Banking Law;
7375, by Senator Wright, an act to
amend the Environmental Conservation Law;
7422, by Senator Balboni, an act to
amend the General Municipal Law;
7527A, by Senator Kuhl, an act to
authorize;
7531A, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
7570, by Senator Farley, an act to
amend the Public Authorities Law;
7571, by Senator Maziarz, an act to
amend the General Business Law;
7579, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
7585, by Senator Bonacic, an act to
amend the Public Authorities Law;
7599, by Senator Maltese, an act to
amend Chapter 92 of the Laws of 2001;
7600, by Senator Larkin, an act to
amend the General Business Law;
7604, by Senator Seward, an act to
5194
amend the Insurance Law;
And Senate Print 7714, by Senator
Johnson, an act to amend the Vehicle and
Traffic Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Can we move to
accept the report of the Rules Committee,
Madam President.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Morahan.
SENATOR MORAHAN: Yes. Could we
return to motions and resolutions. I believe
there may be some housekeeping at the desk.
ACTING PRESIDENT McGEE: Senator
5195
Farley.
SENATOR FARLEY: On to the
housekeeping.
Madam President, on behalf of
Senator Volker, I wish to call up his bill,
Senate Print Number 2305A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
607, by Senator Volker, Senate Print 2305A, an
act to amend the Penal Law.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
5196
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR FARLEY: On behalf of
Senator DeFrancisco, Madam President, I wish
to call up his bill, Senate Print 7158, which
was recalled from the Assembly, which is now
at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1252, by Senator DeFrancisco, Senate Print
7158, an act to amend the Civil Service Law
and others.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: 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, 57.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: I now offer the
following amendments.
5197
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
Senator Morahan.
SENATOR MORAHAN: Yes. Can we
return to the calendar, please, and pick up
Calendar 1414. Thank you, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar 1414.
THE SECRETARY: Calendar Number
1414, by Senator LaValle, Senate Print 7576,
an act to amend the Town Law and Chapter 114
of the Laws of 1998.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LAVALLE: Thank you,
Madam Chairman.
This bill amends the Laws of 1998
in which we established the Community
Preservation Fund by establishing a real
estate transfer tax that is paid by the buyer
in each transaction in the five eastern towns
of Suffolk County that I represent.
As many people know, we have been
very, very aggressive in our land preservation
5198
efforts in Suffolk County, by creation of the
Central Pine Barrens, by each of the townships
having bond issues and putting money aside to
pay for land preservation, a very, very
aggressive county program in the purchase of
development rights, re state monies for open
space preservation, and I can go on and on and
on.
This year we are asking for an
amendment to the 1998 Community Preservation
Fund by doing two things. And we are doing
this with the full support of the
environmental community, working with our town
supervisors to extend the period of time that
the law will sunset from the year 2010 to
2020.
This is done specifically with the
idea that the towns can use Environmental
Facilities Corporation monies to, in the
future -- because we now have a law that will
bring in revenue to the year 2020, we can now
borrow against that future money to be able to
do acquisitions today and to do as much as we
possibly can both between now and the year
2020.
5199
The second piece, very, very
important, is that many of the communities in
the five eastern towns have taken a lot of
land off of the tax rolls, through state
efforts, county efforts, town efforts, and
also through this Community Preservation Fund.
And so we say that wherever a community has
been impacted, where 25 percent of the land
has been taken off the tax rolls, we can use
Community Preservation Fund money to do
PILOTs, PILOT payments to our school
districts, to the fire districts and ambulance
districts. However, we put a cap of no more
than 10 percent of the total monies in any one
calendar year can be used for this purpose.
And this would really take a great burden off
of the taxpayers.
Again, this was done and arrived at
by the environmental community and the town
supervisors in the five eastern towns of
Suffolk County.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield to a
5200
question?
ACTING PRESIDENT McGEE: Senator
LaValle, will you yield for a question?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Approximately
how much money has been put into the fund in
the five-year period, the four-year period
since we approved this bill?
SENATOR LAVALLE: Senator, there
is no one fund. There is a fund in each of
the townships. So I would say -- I would say
it's about half a billion dollars that has
been raised in the five eastern towns.
But each township -- and we have
five home-rule resolutions that were delivered
in order to pass this law -- has their own
fund. So in one town it could be $100,000,
and in the town of Southampton, the largest
town in the five eastern towns, that would
have generated 300,000 or more dollars.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
5201
Madam President, I just want to make sure I
understood Senator LaValle.
Did you say half a billion dollars
or half a million dollars?
SENATOR LAVALLE: Billion.
Billion. Five hundred million.
SENATOR DOLLINGER: Then my
question is, 300 million in one of those towns
or 300,000?
SENATOR LAVALLE: Aggregate.
Combined. With all of them over the period of
time that the law has been passed in 1998.
SENATOR DOLLINGER: Through you,
Madam President, if Senator LaValle will
continue to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, will you continue to yield?
SENATOR LAVALLE: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: I recall --
and again, this is not my neck of the woods,
Senator LaValle, it's clearly in your neck of
the woods. But I recall that the Real Estate
Association put out a memo against the bill
5202
because of the mortgage tax surcharge, or in
essence a surcharge.
SENATOR LAVALLE: Your memory is
absolutely correct.
SENATOR DOLLINGER: And they
predicted, as I recall, that it would be a
significant new cost and potentially have some
retardant effect on property transfers in the
Peconic Bay region. Has that happened?
SENATOR LAVALLE: Senator, I am
so happy you asked me that question.
SENATOR DOLLINGER: It's a Denny
McLain pitch, Madam President, right down the
middle. Mickey Mantle may now hit this ball
out of the park.
SENATOR LAVALLE: Because the
memorandum at the time was incorrect. And my
explanation to this body was absolutely
correct that it would not retard the growth
and development, it would not deflate sales or
the cost of property, it would not impair in
one bit the commissions that individual agents
earned.
As a matter of fact, because we
have entered into preservation efforts, it has
5203
increased the value of properties, it has
increased the dollars earned in commissions.
And it has preserved a way of life and an
economy of second-home owners, recreation,
farming, fishing in the five eastern towns.
So it has done exactly the opposite of what
was predicted in 1998, where it was doom and
gloom.
SENATOR DOLLINGER: Through you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Just a final
question, if Senator LaValle will continue to
yield.
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: Senator
LaValle yields for one more question.
SENATOR DOLLINGER: By shifting
the support of the school districts and the
ambulance districts from property taxes to a
mortgage tax surcharge, in essence what this
is -- this says that in essence, because we're
buying up public lands and therefore we have
large amounts of tax-exempt properties on the
5204
tax rolls, we are going to use the benefits of
this fund which was originally designed for
land acquisition and preservation of quality
of life, we're going use it to supplement or
to substitute for what would otherwise be real
property tax payments to the school districts,
the ambulance districts, the fire districts.
Is that correct? Is my
understanding of the bill correct in that
regard?
SENATOR LAVALLE: That is
correct.
The only addendum I would make to
your statement, Senator Dollinger, is that, as
you know, we have PILOT payments throughout
the state, both on a short-term basis, on a
longer-term basis, and we use all kinds of
revenues to achieve those PILOT payments. In
this case, we are specifically using transfer
tax dollars that go into the Community
Preservation Fund to give some relief to our
school districts, fire districts and ambulance
districts.
So you're right, but I just wanted
to put it within a context that we use,
5205
throughout the state, all different kinds of
revenues to achieve PILOT payments.
SENATOR DOLLINGER: Okay. Madam
President, just on the bill briefly.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Sometimes,
Madam President, in this chamber I've cast
votes and said, Gee, this looks like the right
vote. I'm one of those guys, I vote against
the sales tax pieces for counties because they
oftentimes come in without explanations. I'm
not going to vote to raise anybody's taxes
unless someone comes to me and gives me a
justification for it.
I think I voted against this bill
because it had been opposed by the real estate
industry and they were concerned that the
effect of this would be to slow down the very
kind of growth and preservation that Senator
LaValle was attempting to achieve. I'm glad I
was wrong, Madam President, that the
prediction was wrong.
And the reason why I asked the last
question of Senator LaValle was that it seems
5206
to me that not only should this experiment be
repeated elsewhere -- I can think of places
like Irondequoit Bay, in Senator Alesi's
district, or in the Genesee Harbor region of
the community that I represent, where they
have a common interest in preservation of land
and improvement in the quality of life. And a
new source to do that would be, in essence, to
use the increasing values that occur because
you're preserving quality of life, because
you're not allowing congestion and highways
and the other incidents of modern congestion
to actually cause property values to decline.
That by, instead, preserving the
quality of life and allowing the values to
grow, at the time of transfer it's in essence
almost like an inheritance tax. It's like a
tax that you pay when you get your capital
gain or your lump-sum payment out of your
house. You in essence say: Wait a second,
we're going to latch onto a portion of that
and we're going to put it back into things
that continue to hold up the property value.
I think this is a remarkable idea.
And I think the one thing that I would commend
5207
Senator LaValle for is that anytime we can
move away from a straight property tax that
taxes the value of the home or taxes the value
of the property based on a factor that doesn't
have to do with income or doesn't have to do
with the time of purchase, to the extent that
we can trigger it by the time of purchase and
a new buyer who is in essence buying and
paying a little bit more for a property that
they know is going to keep its value because
you are preserving the quality of life, then
we're, I think, using the taxing value
correctly.
I think this is almost a visionary
idea. My hope is, Senator LaValle, that you
won't hoard this down at the eastern end of
Long Island, you'll allow this, unlike the
property tax exemptions -- the partial
property tax exemptions, that contagion, as
you know, is raging through the state. This
idea I hope becomes a contagion that moves
quickly to other vital areas where preserving
quality of life increases property values, we
tax those increased property values at the
time of the transfer and we use that to
5208
preserve their value in the first place. It
all completes a circle that seems to me to be
a sensible way to use our taxying power to
preserve quality of life in our state.
I'll vote aye.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
There is a home-rule message at the
desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we go to Calendar Number 1407,
please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1407.
THE SECRETARY: Calendar Number
5209
1407, by Senator Maltese, Senate Print 7490,
an act to amend the Criminal Procedure Law, in
relation to jurisdiction of counties.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Maltese, an explanation has been requested.
SENATOR MALTESE: Madam
President, this bill would amend the Criminal
Procedure Law by adding a new subdivision to
provide that in order for a criminal court to
have jurisdiction over a criminal offense,
there must be the commission of an element of
such offense within such county or the intent
or knowledge by defendant that the commission
of such offense would have a particular effect
within such county.
The justification is that currently
law enforcement officials or confidential
informants can initiate communications with a
potential defendant and obtain jurisdiction
over the offense without any action on the
part of the defendant. These communications
are deemed to have taken place in both the
county that initiates the communication and in
5210
the county where the communication is
received.
Thus, Madam President, we have a
situation where an overzealous district
attorney could very well pick, select his
county as the county of jurisdiction by having
either an agent of law enforcement or a
confidential informant make a telephone call
from within that county, whether the county
might be in New York County or any other
county, and the legitimate county of
jurisdiction might be Erie County in Western
New York. Thus, by making a telephone call or
mailing a letter within a county, the court
has presently held that that would be
sufficient to give that county and that
district attorney jurisdiction over that
offense.
SENATOR PATERSON: Satisfactory.
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
5211
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we return to the controversial
reading of the calendar, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
300, by Senator Libous, Senate Print 5492A, an
act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
5212
THE SECRETARY: Calendar Number
518, by Senator Seward, Senate Print 1050, an
act to amend the State Finance Law and
Chapter 83 of the Laws of 1995.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR MORAHAN: Lay that aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
587, by Senator Nozzolio, Senate Print 6774B,
an act to amend the Real Property Tax Law, in
relation to exempting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act --
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
5213
SENATOR MORAHAN: Are we on 518,
by Senator Seward?
ACTING PRESIDENT McGEE: 587,
Senator Nozzolio's bill.
SENATOR MORAHAN: Can we lay that
aside temporarily and go back to 518.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 518.
THE SECRETARY: Calendar Number
518, by Senator Seward, Senate Print 1050, an
act to amend the State Finance Law and
Chapter 83 of the Laws of 1995.
SENATOR MORAHAN: Read the last
section.
ACTING PRESIDENT McGEE: 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, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR MORAHAN: Madam
5214
President, can we go to the Senate
Supplemental Calendar Number 53A.
ACTING PRESIDENT McGEE: The
Secretary will read Supplemental Calendar 53A.
THE SECRETARY: Calendar Number
1418, by Senator Volker, Senate Print 2835, an
act to amend the Criminal Procedure Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1419, Senator McGee moves to
discharge, from the Committee on Finance,
Assembly Bill Number 7244B and substitute it
for the identical Senate Bill Number 3732B,
Third Reading Calendar 1419.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1419, by Member of the Assembly Gunther,
Assembly Print Number 7244B, an act to amend
the Executive Law.
ACTING PRESIDENT McGEE: Read the
5215
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, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1420, by Senator Stafford, Senate Print 3923,
an act to amend the Public Officers Law, in
relation to permitting.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1422, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11299 and substitute it
for the identical Senate Bill Number 5114A,
Third Reading Calendar 1422.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
5216
THE SECRETARY: Calendar Number
1422, by the Assembly Committee on Rules,
Assembly Print Number 11299, an act to amend
the General Municipal Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1423, by Senator LaValle, Senate Print 5322B,
an act authorizing the transfer of title and
responsibility.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
5217
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1424, by Senator Nozzolio, Senate Print 6220A,
an act to amend the Civil Service Law, in
relation to providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1425, by Senator Stavisky, Senate Print 6278A,
an act in relation to permitting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5218
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1426, Senator Espada moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4522A and substitute it
for the identical Senate Bill Number 6596A,
Third Reading Calendar 1426.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1426, by Member of the Assembly Mayersohn,
Assembly Print Number 4522A, an act to amend
the Emergency Tenant Protection Act.
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1427, by Senator Wright, Senate Print 6778B,
5219
an act to amend the Public Service Law, in
relation to enacting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1428, by Senator Bonacic, Senate Print 7013,
an act to amend the General Municipal Law, in
relation to creating and establishing.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1429, by Senator Fuschillo, Senate Print
5220
7128A, an act to amend the Banking Law, in
relation to establishing procedures.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1430, by Senator Wright, Senate Print 7375, an
act to amend the Environmental Conservation
Law, in relation to identification.
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, 59.
ACTING PRESIDENT McGEE: The bill
5221
is passed.
THE SECRETARY: Calendar Number
1431, by Senator Balboni, Senate Print 7422,
an act to amend the General Municipal Law, in
relation to creating.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1433, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11533A and substitute it
for the identical Senate Bill Number 7531A,
Third Reading Calendar 1433.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
5222
THE SECRETARY: Calendar Number
1433, by the Assembly Committee on Rules,
Assembly Print Number 11533A, an act to amend
the Agriculture and Markets Law.
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, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1434, by Senator Farley, Senate Print 7570, an
act to amend the Public Authorities Law, in
relation to the Schenectady Parking Authority.
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.)
5223
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1435, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9389A and substitute it
for the identical Senate Bill Number 7571,
Third Reading Calendar 1435.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1435 --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1436, by the Senate Committee on Rules, Senate
Print Number 7579, an act to amend the
Retirement and Social Security Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: Read the
last section.
5224
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1437, by Senator Bonacic, Senate Print 7585,
an act to amend the Public Authorities Law, in
relation to the powers of the State of
New York Mortgage Agency.
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, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1438, Senator Maltese moves to
5225
discharge, from the Committee on Rules,
Assembly Bill Number 9654 and substitute it
for the identical Senate Bill Number 7599,
Third Reading Calendar 1438.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1441, by Senator Johnson, Senate Print 7714,
an act to amend the Vehicle and Traffic Law
and the Education Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Morahan, that completes the
reading of the noncontroversial supplemental
calendar.
SENATOR MORAHAN: Can we return
to the active list for today, to Calendar 587,
by Senator Nozzolio.
5226
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
587, by Senator Nozzolio, Senate Print 6774B,
an act to amend the Real Property Tax Law, in
relation to exempting.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested.
SENATOR NOZZOLIO: Madam
President, who requested the explanation,
please?
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR NOZZOLIO: Thank you,
Madam President.
The measure before us amends the
Real Property Tax Law to allow for those
villages and towns that enter into long-term
lease arrangements for operations of benefit
to the public for the purposes of using that
public benefit for a public library, to have
the municipality that's entering into that
lease in effect have the property it is so
leasing become tax-exempt.
5227
This legislation is necessary to
allow municipalities that are making long-term
commitments to property use as a library
exempt from taxation.
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, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes. Can we
return to the supplemental calendar,
controversial.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1418, by Senator Volker, Senate Print 2835, an
act to amend the Criminal Procedure Law, in
relation to appeal.
SENATOR PATERSON: Explanation.
5228
SENATOR MORAHAN: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
will be laid aside temporarily.
THE SECRETARY: Calendar Number
1420, by Senator Stafford, Senate Print
3923 --
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1426, substituted earlier today by Member of
the Assembly Mayersohn, Assembly Print Number
4522A, an act to amend the Emergency Tenant
Protection Act.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Espada, an explanation has been requested.
SENATOR ESPADA: Thank you, Madam
President.
This bill would create an ability
for residents of New York City who happen to
have a rent-stabilized apartment to get the
5229
same treatment that their brethren in Rockland
County, Westchester, and Nassau receive as a
result of amendments to the Emergency Tenant
Protection Act of 1996, inasmuch as residents
of this age category in those other counties
only have to put up one month's security
deposit when renewing their leases.
Through a loophole or whatever the
case was, New York City residents of that age
category did not receive that benefit. This
bill would cure that, close that loophole and
provide that benefit to those in that age
category. Moreover, it would extend the
benefit to those on retirement benefits, SSI
and the like.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. Just on the bill.
Senator Espada, I think that this
is an excellent piece, particularly as both of
us represent the Bronx and we have an
inordinate number of senior citizens who will
be -- would have been adversely affected. And
5230
I commend you on this bill and give you my
support.
Thank you, Madam President.
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, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1428, by Senator Bonacic, Senate Print 7013,
an act to amend the General Municipal Law, in
relation to creating and establishing.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
5231
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1435, substituted earlier today by the
Assembly Committee on Rules --
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1438, substituted earlier today by Member of
the Assembly Sidikman, Assembly Print --
SENATOR MORAHAN: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
SENATOR MORAHAN: Can we stand at
ease for a few moments.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:49 p.m.)
(Whereupon, the Senate reconvened
5232
at 3:50 p.m.)
SENATOR MORAHAN: Madam
President, will you recognize Senator
Montgomery.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: I would
liked the record to reflect that the fact that
had I been able to be present in the chamber
yesterday, I would have voted yes on Calendar
1390, Senate Bill 7657.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I'd like to request unanimous
consent to be recorded in the negative on
Calendar 1428.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we please return to Calendar
5233
1438, by Senator Maltese.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1438.
THE SECRETARY: Calendar Number
1438, substituted earlier today by Member of
the Assembly Sidikman, Assembly Print Number
9654, an act to amend Chapter 92 of the Laws
of 2001, amending the Election Law.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Maltese, an explanation has been requested by
Senator Paterson.
SENATOR MALTESE: Yes, Madam
President.
This bill is an extender. It would
extend for one more year the provisions of
Chapter 92 of the Laws of 2001 which would
allow county boards which deem it necessary,
due to reasons of ballot configuration and in
order to efficiently administer the election
in a primary, to provide write-in
opportunities with respect only to the
contested nomination for public office and to
provide write-in voting for party position
5234
only where a valid petition for an opportunity
to ballot has been filed.
This also provided that the Board
of Elections may, by resolution adopted at
least 30 days before an election, canvass the
vote at the recanvass rather than at the close
of the polls.
This bill is at the unanimous
request of the New York City Board of
Elections. And they felt -- they indicated to
us that they feel that unless this is enacted,
they would have to hold the September primary
on paper ballots.
Basically, in the state of the
present law, the write-in ballot would have to
be done at the polling place. And since there
are so many new inspectors and coordinators at
the polls, the strips of paper have been lost,
ripped, destroyed and are extremely difficult
for the inspectors to read.
As a result, in the New York City
Board they have made the determination that
they would bring the machines back to the
warehouses and at that time and at that place
canvass the write-in votes.
5235
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if the Senator would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Maltese, will you yield for a question?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: So, Senator,
if it's true that this process does exist
where you might write in for public office,
but you can't write in for party office, it
must be an abundance of effort that must be
the reason why we're not accepting the
write-in ballots for party office. Is that
correct?
SENATOR MALTESE: Madam
President, my understanding is that it's the
multitude of write-in candidates. Unless a
petition for opportunity to ballot is filed,
they would have to search the paper roll at
the end of every single election and for every
5236
election.
This, then, would simply mandate
the checking of the paper strip only where a
petition for opportunity to ballot has been
filed.
SENATOR PATERSON: Madam
President, if the Senator would continue to
yield.
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: He
yields.
SENATOR PATERSON: Senator
Maltese, aren't they supposed to do that
anyway? Isn't that part of the charge of the
Board of Elections?
SENATOR MALTESE: Madam
President, yes, it is.
But as the good Senator knows, with
the scarcity of inspectors up until recently,
most of the polling places have been
short-handed as far as inspectors and
coordinators are concerned.
And now, as a result of action by
this Legislature where the fees have been
5237
increased, the salaries for the inspectors and
coordinators have been increased, we have in
some districts a majority of people who are
inspectors for the very first time, completely
unfamiliar with the machines despite the
requirement of receiving training. And as a
result, in many cases the board itself has
asked us for this remedy to eliminate chaos
both at the polling places and at the
recanvass.
SENATOR PATERSON: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: With all due
respect to Senator Maltese, I think that the
Board of Elections has favored the value of
convenience over the value of rights.
The reality is that perhaps we need
to pay inspectors more, we really do. Perhaps
we need to make sure that there are enough
employees so that we can fully allow for every
type of voting procedure on Election Day and
on Primary Day.
And what I think has happened in
5238
this particular situation is that since the
board knows that it can't cover it, it has
prevailed upon Senator Maltese to pass this
piece of legislation. But the inevitable
loser is the voter, because the voter can't
write in in a party election similar to the
way they could in a regular public election.
Probably not as important, but it's still
something that there should be an opportunity
in situations where someone wants to write in
a vote.
So 16 members voted against this
bill the last time that it was before us. And
I'm really understanding why those members
felt that way.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield to a question?
ACTING PRESIDENT McGEE: Senator
Maltese, will you yield?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
5239
SENATOR DOLLINGER: Does this
bill only apply in the City of New York?
SENATOR MALTESE: Yes, Madam
President.
SENATOR DOLLINGER: Through you,
Madam President, will the sponsor continue to
yield?
ACTING PRESIDENT McGEE: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: And this
affects positions like party committeemen and
all those positions; is that correct, Senator
Maltese?
SENATOR MALTESE: Yes, Madam
President.
SENATOR DOLLINGER: And through
you, Madam President, if Senator Maltese will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Madam
5240
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: In fact, if
there weren't a hotly contested primary for
the position of county committeeman, in some
cases they could get as few as a handful of
votes and win a seat on the county committee;
isn't that correct?
SENATOR MALTESE: Yes, Madam
President.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Maltese will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Maltese?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: He
continues to yield.
SENATOR DOLLINGER: Since only a
handful of votes could decide a race like
this, why would you prevent someone who at the
last minute mounts a write-in campaign for
what is the doorstep position in our
5241
democracy, county committeeman in a county
committee that is participating in the
electoral process? Why would you require them
to have to file the opportunity to ballot
first?
Why not let them do what, oh, my
gosh, Robert Kennedy did in 1968 when he
decided he'd run for president? He swept a
couple of primaries, would have become the
president of the United States had it not been
for events in Los Angeles.
Why not allow a candidate to say:
"Gee, you know, it's late in the season, I
haven't filed my opportunity to ballot, but
I'd still like to be a county committeeman.
I'm going to get a dozen people to write in my
name, and I'm going to win this election"?
Because as you agreed, Senator
Maltese, only a handful of votes could decide
a committeeman race in the Republican Party,
in the Conservative Party. Heaven knows in
the Right to Life Party or in the Independence
Party, one vote might win a committee seat.
Why would you prevent them from
doing that?
5242
SENATOR MALTESE: Madam
President, far be it from me to even dream of
having stood in the way of Robert Kennedy on
his path to the presidency.
At the same time, I fully realize
the importance of the county committee,
especially to the so-called minor parties. My
understanding, as a person who was affiliated
with a so-called minor party for many, many
years, is that at the present time in any of
the parties that in addition to -- except for
the Republican and the Democratic Party, a
person seeking to attain a county committee
post, certainly in my county of Queens County,
would simply have to ask and be welcomed with
open arms.
But assuming that what Senator
Dollinger speaks about, this person makes a
late decision, I think there are times that
the greater good and the smooth and efficient
and fair operation of our Election Day
operation I think has to prevail over this
late decision by the aspiring candidate.
There is an opportunity here to
circulate a petition for opportunity to
5243
ballot. The amount of signatures required
would be only 5 percent of the persons
residing in the election district. In most
cases in the minor parties alleged to, three
or four signatures, in many of these cases,
perhaps at the most 10, 15, or 20, would put
the person -- would enable the person to have
an opportunity to have their name written in.
It seems at least at this time a small price
to pay on this pathway to a more efficient
election.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield to just one final question.
ACTING PRESIDENT McGEE: Senator
Maltese, do you continue to yield?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Senator, in
the normal course of the political calendar,
when does the opportunity to ballot have to be
5244
filed? How far in advance of the primary does
someone have to file it?
SENATOR MALTESE: With the
changes in this Election Day, I suggest that I
would rely on the opinion of your learned
counsel for that exact date.
Of course, at the present time,
Madam President, since we all know that today
was allegedly the first day of petition
gathering, and since we all know that a
three-judge federal court sought to put their
judgment and their expertise into a matter
that caused the entire state's Election Day
and petition-gathering operation to be put in
doubt, at this place and at this time I don't
think there's anybody, including those three
learned judges, that has the slightest idea
when petitions would be held and whether or
not we're even going to have Primary Day on
the date selected by this Legislature.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if I could again ask Senator
Maltese one final question.
5245
ACTING PRESIDENT McGEE: One
final question, Senator Maltese.
SENATOR MALTESE: Yes, Madam
President.
SENATOR DOLLINGER: Senator, if I
said to you the answer to my question was six
weeks prior to the primary election, would you
concur that that's a general, approximate time
for how much sooner the opportunity to ballot
would have to be filed before the --
SENATOR MALTESE: Yes, Madam
President, I would accept that.
SENATOR DOLLINGER: Thank you,
Madam President. Just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I appreciate
Senator Maltese's, as always, gracious
responses.
I'm going to vote against this
bill, and I'm going to vote against it again.
I think that especially in small parties the
notion of a last-second change and a
last-second interest in being a party
committeeman is not a bad thing for democracy.
5246
I used the example of Robert
Kennedy. And certainly I didn't suggest,
Senator Maltese, that you perhaps as a member
of the Conservative Party at the time might
have stood in the way of Robert Kennedy
becoming president. I was just suggesting
that Robert Kennedy did something that we
don't see enough of in politics these days:
He didn't make the decision to run for
president until April of the year of the
general election.
As you know, Senator Maltese, we're
now caught up in this notion that everybody
starts announcing they're going to run for
office years before they actually appear on
the ballot.
I like the idea, Madam President,
of insurgents. I like the idea of political
campaigns which are fought to all of a sudden
become intense affairs at the end. A good,
old-fashioned campaign for district
committeeman in the City of New York in which
the insurgents say "We're not going to tell
the party we're coming, we're going to catch
them off guard, we're going to win on write-in
5247
ballots" -- I would suggest, Senator Maltese,
that that's a great thing. It's probably been
happening in New York City since 1690, when
the Dutch first started to hold elections.
I think it's a great idea. I don't
know why, if what you want to do is be an
insurgent, you have to tell the party
committee "Oh, by the way, we're coming," six
weeks before we're going to do it. I think a
little government that involves direct
participation where people are going to write
a name in, I think we should recognize that
freedom of choice in our democracy and not set
up a rule that requires you to tell people
that you're coming.
Sometimes insurgents don't want to
have to knock at the door first, they just
walk right in. I think that's a good thing
for our democratic system to be vigilant as a
party committee, to make sure that they're
listening to the insurgents that may arise
from their ranks.
I'll vote no.
ACTING PRESIDENT McGEE: Read the
last section.
5248
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1438 are
Senators Connor, Dollinger, Duane, L. Krueger,
Montgomery, Onorato, Paterson, A. Smith, and
Stachowski. Ayes, 51. Nays, 9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, would you
go to Supplemental Calendar Number 1441.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1441.
THE SECRETARY: Calendar Number
1441, by Senator Johnson, Senate Print 7714,
an act to amend the Vehicle and Traffic Law
and the Education Law.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message at the desk?
5249
ACTING PRESIDENT McGEE: Yes,
Senator, there is.
SENATOR MORAHAN: Move to accept
the message.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message of necessity is accepted.
Read the last section.
THE SECRETARY: Section 14. This
act shall take effect September, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Can we just
have an explanation, Madam President.
ACTING PRESIDENT McGEE: An
explanation has been requested, Senator
5250
Johnson.
SENATOR JOHNSON: Madam
President, as we all know, teenagers, new
drivers, while a small percentage of licensed
drivers are a high percentage of those having
accidents and having fatalities.
We've been struggling for several
years to address the problem. And the
solution we've come up with is that these
young drivers need more training, more
supervised driving, and a longer period of
driving a permit under supervision before they
get their junior license.
And so what that bill essentially
does, statewide, is to require 20 hours of
supervised driving and a six-month period
before their junior license -- before their
permit becomes a junior license.
We've made some exceptions for
upstate. In necessities, they can get a
modified license where they can drive to or
from work -- where they can get their junior
license sooner than the six months if they
need it to go back and forth to work or take
the children to doctors or other family
5251
purposes. So upstate has a little more
liberal prohibition than -- a more liberal
proscription here than the rest of the state.
Otherwise, I think this is the best
thing we could devise between both houses and
the Governor to deal with the problem of
youngsters dying on the highway. And I can
give you percentages if you'd like, and it's
pretty scary. They're not only involved in
19 percent of all violations, 36 percent of
all fatal crashes, but when they have two or
three children in the car, the fatality rate
goes up 158 to 170 percent.
The figures are pretty scary, and
we're trying to deal with those figures by
giving them more training, more time before
they get their license to drive unlimited in
the communities.
Any other question?
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: No, Madam
President, just briefly on the bill.
I think this is a better bill than
the bill I voted against the last time it was
5252
before the house. I appreciate the fact that
Senator Johnson has added the family
exception, that you can go pick up your
brothers and sisters at your parents'. We had
a discussion about that last time. I think
that's a good idea.
I also am pleased that the new
language allows my son, a power forward, to
pick up the center and the point guard, who
are not members of his family, and drive them
to the game. Sooner or later, he'll of course
want to pick up the other forward and the
other guards so they can actually play
five-on-five. But I think that's a step in
the right direction, by allowing him to have
at least two other nonfamily members.
And the last thing I'll do, Senator
Johnson, is like everything in life, times
change. I had a big discussion with my
17-year-old son about the restrictions and
what it meant, and we had a great discussion
over the dinner table when I got back that
week.
Of course, when I brought up the
issue that there might be an agreement on
5253
this, he looked at me and said: "Well, Dad,
it doesn't matter. I'm 18 now, so I've
graduated."
So I guess all politics is local,
Senator Johnson. It's all personal. And my
18-year-old son says: The heck with those
restrictions on 17-year-olds, let them fight
for themselves, Dad.
I still think it's a better bill
than the one we did, so I'm going to vote in
favor.
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Senator
Dollinger, I would have thought that your son
would be a more caring human being, such as
yourself, and say "I still will fight for the
17-year-olds."
I'm standing to commend Senator
Johnson and Senator Leibell, who I've been
working with for three years now. And it is
Senator Johnson's stick-to-it-iveness that
really has helped bring this about. We had
grave problems, as you all know, with the
upstate folks concerning a graduated driver's
5254
license. And while we don't have a whole lot
of restrictions for them, they do have to take
the 20-hour driving course.
Our real concern, quite honestly,
is what happens in the populated areas of our
state, in New York City's five counties and in
the five suburban counties. It is there, and
I must tell you particularly in Westchester,
that we have experienced an extraordinary
number of 16- and 17-year-olds dying. And
principally because of inexperience, not
having had enough time behind the wheel.
And now they must have six months
with their learner's permit before they can
even come in and apply for a junior license,
and they must be 17 years old. And then they
must have that license another year before
they can come in for a senior license. So we
really have put a lot of driving time under
their belts before they can come for a full
license.
And as a learner, they must always
have an adult with them in the first six
months that they are learning with their
learner's permit. And there are various
5255
restrictions as far as the number of people in
the cars.
But this is the very best we could
do, considering the upstaters were rather
resistant to the kind of changes that we felt
were essential to downstate. So I've just
been very, very appreciative to Senator
Johnson and for the work he has done through
these years.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President, on the bill.
I just very briefly want to say
that in the next -- yesterday and the next two
days and today we're going to pass a lot of
bill in a very hurried fashion in this body.
This one bill may be the most important bill
that we pass.
If the Assembly leaves Albany,
Madam President, if the Assembly leaves and
does not pass this bill, they should be
ashamed of themselves. 16-and-17-year-old
kids are dying on the highways of New York
State every day because we do -- we, the State
5256
of New York -- does such a poor job of
training young drivers, 16-and-17-year-olds.
Quite frankly, I disagree with
Senator Dollinger -- I hope that doesn't
change your mind about the next bill -- but I
disagree with Senator Dollinger. I think the
restrictions that were in the first bill that
Senator Johnson did were fine.
I wholeheartedly support this.
Because what we do in New York State today is
the same thing that we did 30 years ago when I
walked into that DMV office, answered 14 out
of 20 questions correctly, was given a piece
of paper that said I could now drive a car.
We do virtually the same thing today.
We don't train young drivers,
particularly in bad weather and particularly
when they get three or four other 16-,
17-year-old friends in the car after school.
It's like a death sentence.
I think Senator Johnson has done an
excellent job in staying with this issue. In
states that have adopted graduated driver's
license programs, insurance rates have
decreased dramatically for young people. It's
5257
made driving more affordable. It's made
streets safer. It's actually kept young
people, 16-and-17-year-olds, alive.
This is a great bill. This is one
bill that we pass this week that should be
signed into law. Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect September 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Leibell.
SENATOR LEIBELL: Thank you,
Madam President, to explain my vote.
I'd like to compliment my colleague
Senator Owen Johnson, because this has been a
long time coming, this piece of legislation.
It has been a difficult piece of legislation
to craft.
It's difficult because of the
complexity and the variety that we find
throughout New York State, the geography of
5258
our state. Our state is so large and it's a
very different state in many parts and many
regions.
I can speak for my own district,
however. And I've worked with my colleague
Suzi Oppenheimer from Westchester County on
this. And I think Suzi would concur, we have
witnessed a slaughter in our district
throughout the last few years.
And certainly I think, for myself,
one of the saddest things I have to do with my
constituents is in the course of any year the
number of families with whom I communicate who
have lost children as a result of car
accidents.
I'm very hopeful and optimistic and
with all my heart believe that this
legislation will address this problem to a
large extent. It certainly is going to help
greatly. The problem we have with
inexperienced drivers, the problem we have
with young people who wish to go on the road
without having had sufficient training will, I
believe, be addressed by this bill.
All of us know, certainly those of
5259
those of us who have children, that it's a
rite of passage in this state and in this
country as soon as you turn 16 to go out there
and get that permit and be out there on the
road. The problem is with the experience
level with people at that age. It has led to
so many accidents, so many fatalities.
So to my colleague Senator Johnson,
I congratulate you for this piece of
legislation. I know it's going to do a great
deal to help all the residents and drivers
throughout New York State.
Thank you, Madam President. I'm
certainly in support of this bill.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. I've spoken on this bill. I
concur with the sentiments expressed by
Senator Leibell and Senator Oppenheimer.
I just have one comment which I
failed to make that I would add. I think
there is one thing missing from this bill, but
it's not a reason to vote against it. What's
missing is there should be a direction to the
5260
Commissioner of the Department of Motor
Vehicles to engage in an intensive educational
campaign for parents and children, that
parents ought to realize that there's going to
be a restriction on how many people can be in
the car. Those are going to have consequences
for their children.
And I would just hope, Senator
Johnson, that maybe at some point we put a
bill together that expressly details to the
commissioner a requirement that he engage in
very extensive education campaign. Without
education of students, we're going to get lots
of calls come September of next year about
this bill and about the fact that they can't
drive. There will be lots of complaints.
DMV should get on the ball on this
thing if it's passed into law, as Senator
Maziarz says it should be -- and I agree it
should be -- and we ought to get an intensive
lobbying and education campaign with parents
and children about the effect this bill is
going to have on their right to drive a car
when they're under age 18.
I will still be voting aye, Madam
5261
President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, will you please call up 1435 on the
supplemental calendar.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1435.
THE SECRETARY: Calendar Number
1435, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 9389A, an act to amend the General
Business Law, in relation to contracts.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
5262
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Will you call
up Senator Lack's bill, 1411, please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1411.
THE SECRETARY: Calendar Number
1411, by Senator Lack, Senate Print 7557, an
act authorizing the assessor of the Town of
Huntington.
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.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
5263
Senator Morahan.
SENATOR MORAHAN: Madam
President, will you please call up Calendar
Number 1372.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1372.
THE SECRETARY: Calendar Number
1372, by Senator Volker, Senate Print 2893C,
an act to amend the General Municipal Law, in
relation to the construction and use of
antennas.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR VOLKER: Madam President,
Senator Paterson requested an explanation.
In the area of amateur radio
operators, there has been quite a dispute over
the years on the issue of who controls
antennas and who controls the ability of these
people to transmit. There's a whole ring of
people, including a number of people that work
for the Legislature -- one person, for
instance, who many of you probably would know,
has run the little store down in the basement.
5264
Jimmy, the blind fellow, has been a ham radio
operator for 20, 30 years.
And a number of these people, by
the way, any time that there's any kind of
disaster or calamity or whatever, are
extremely useful to law enforcement people and
in some cases --
ACTING PRESIDENT McGEE: Excuse
me, Senator Volker.
Can we have some quiet, please.
Thank you.
SENATOR VOLKER: -- in some
cases, because of the inability of the system
that we're now trying to fix, the 911 system
and the overall emergency system, have been
able to communicate when all else has
virtually failed.
In the North Country during the
severe icing that occurred here some years
ago, it was ham radio operators who were a
vital communication in some cases, because
virtually all other communication had been
lost.
And that was true to a certain
extent on Long Island some years ago when
5265
there was a hurricane and some other things
that happened down there.
The problem has been -- and
although there has really been very little
controversy, there's -- most of the
controversy that has occurred has occurred
fairly close to Albany here, where some of the
local jurisdictions have said that they want
to pass ordinances that severely restrict the
use of these ham operators, and particularly
in relation to towers, antennas.
Now, the antennas are quite
expensive. There aren't very many of them,
comparatively few of them across the state.
And they are reportedly to be guided -- and
the rules, by the way, that concern them are
controlled by the Federal Communications
Commission. The belief is that these local
districts that have been trying to regulate
them probably are in violation of federal law.
But if I'm not mistaken, there are court suits
to determine this.
In the meantime, there have been a
couple of incidents, one particularly, I
think, right near here in Saratoga County,
5266
where the local jurisdiction has objected to a
tower that I think was like -- something like
in the area of 70 or 80 feet, whatever.
What this bill would really do is
it would regulate the placement and height of
such radio antennas. But what it would say is
that the limit of these towers would be
100 feet. By the way, we had communication,
if you look at the bill, with the Adirondack
Park Agency, and they are excluded, and a
number of other groups that we have talked to.
The only opposition, and it's been
fairly late opposition, came from the
Association of Towns. And maybe one of the
reasons is that one of the officers of the
Association of Towns apparently has had a
problem with one of these ham radio operators.
But there has really been very little
opposition to these people except in very
isolated areas.
And I think that the people feel as
if they are providing a service. So that you
understand, if you put a tower up, let's say
50 feet, you probably have to spend maybe
$15,000 in upstate and maybe $40,000 or
5267
$50,000 in Long Island. So these are not
insignificant layouts of money.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: It's great.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed, then.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays.
2. Senators Marcellino and Meier recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President, will you call up Calendar 1418.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1418.
THE SECRETARY: Calendar Number
5268
1418, by Senator Volker, Senate Print 2835, an
act to amend the Criminal Procedure Law, in
relation to appeal.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Volker, Senator Paterson has requested an
explanation.
SENATOR VOLKER: This is a bill
that came from the Office of Court
Administration that's been around for a few
years. I think Assemblyman Lentol is the
sponsor -- no, Assemblyman Norman, I think, is
the sponsor of this bill.
Anyways, this bill, what it would
do is authorize an appeal to the Court of
Appeals from an order granting or denying a
motion to set aside an order of an
intermediate appellate judge -- in other
words, an appellate division judge -- on the
ground of ineffective assistance or wrongful
deprivation of appellate counsel.
It allows you to go beyond an
appellate division where there's been a
decision that the counsel has been ineffective
5269
in representing a person in the case.
There's a long history on this.
And what they're trying to do is settle the
law in this area. It recognized, for
instance, that a defendant may be unlawfully
deprived or represented on a People's appeal,
and that the -- they can go on to appeal that
to the Court of Appeals.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Volker would yield for a question.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield for a question?
SENATOR VOLKER: Certainly. Yes,
sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, as
you know, there's a concern about pleas of
ineffective counsel, particularly when the
sitting judge has already advised the
defendant of the possible conflict of interest
that a counsel might have, which would, in a
sense, make the counsel ineffective.
5270
And as you know, recently there
have been appeals where originally the
defendant was allowed to go forward and was
made aware of the situation and then turned
around and appealed based on ineffectiveness
of counsel.
So my question is, have we settled
the law in this legislation -- since we're on
this very subject -- on that issue where the
defendant is not making a decision in the dark
but is fully aware but then, exhausting other
appeal motion possibilities, actually asserts
an issue that was raised for him by the
sitting judge later on?
SENATOR VOLKER: You know, I
think the argument would be, though, whether
he raises it or not, or whoever raises it,
that in order to allow final justice you have
to be able to give the person the ability to
move on and appeal a decision finally to the
Court of Appeals.
And I think that what we're doing
hear is in one sense, I guess, saying that
finally, where you have a very controversial
case of contentions of ineffective
5271
representation, that maybe the only way to
deal with it finally is to give the
opportunity to take it to the Court of Appeals
to get a final decision, even though it will
delay the case involved and obviously could
create some additional problems for the person
who is making the contention.
But the idea, I think, is to give
everyone an opportunity to get a final
decision which is totally fair.
SENATOR PATERSON: Mr. President,
if Senator Volker would yield for one last
question.
ACTING PRESIDENT McGEE: Senator
Volker, do you continue to yield?
SENATOR VOLKER: Sure.
SENATOR PATERSON: Madam
President, that is.
SENATOR VOLKER: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Thank you.
So, Senator, we're not putting any
restrictions on the situations where the
possibility for appeal can be heard.
5272
SENATOR VOLKER: No. In fact,
we're actually expanding it.
I think I know what you're saying
is, you know, are we putting any restrictions
on other reasons for making appeals. I think
that's what you're saying, is that -- of more
substance than just the issue of appealing on
the basis of inadequate representation.
And the answer is I believe that we
are not. We're just saying that this issue
can be finished up by the Court of Appeals
rather than an intermediate judge.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
5273
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Paterson.
SENATOR PATERSON: Madam
President, with unanimous consent I'd like to
be recorded in the negative on Calendar Number
608.
ACTING PRESIDENT McGEE: Without
objection.
Senator Oppenheimer.
SENATOR OPPENHEIMER: With
unanimous consent I would like to be recorded
in the negative on 1372.
ACTING PRESIDENT McGEE: Calendar
Number 1372?
SENATOR OPPENHEIMER: Yes.
ACTING PRESIDENT McGEE: Without
objection.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar Number
5274
1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I too would rise to
request unanimous consent to be recorded in
the negative on Calendar Number 1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Saland.
SENATOR SALAND: Thank you, Madam
President. I too would request unanimous
consent to be recorded in the negative on
Calendar 1372.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. Without objection I'd like to be
recorded in the negative on Calendar 1372.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MORAHAN: And I'd like to
us to start with Calendar 1323, take that up
now.
5275
ACTING PRESIDENT McGEE: Senator
Andrews.
SENATOR ANDREWS: Yes, Madam
President. I'd like to request unanimous
consent to be recorded in the negative on the
following calendar bills: 1438, 608, 930, and
1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Please take up
Calendar 1323, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1323.
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.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: First, I'd like
5276
to thank Senator Marchi for his courtesy, very
much. Thank you.
This is an HIV presumption bill,
Madam President. And I don't know how many
different ways I can say this. This bill
sends absolutely the wrong message on how HIV
and AIDS is contracted and how it is spread.
I just would like to, if you'll
indulge me, Madam President, read a letter
which I sent out last year on this issue. And
I hope it refreshes people's memories, and I
hope that my colleagues will give their
attention to this letter.
"Dear Colleague: I would like to
bring to your attention two bills that came
before the Senate Civil Service and Pensions
Committee last week" -- this is dated
April 27, 2001 -- "S2767, by Senator Marchi,
and S3984, by Senator Rath. I anticipate that
they will come before the full Senate for a
vote.
"While the intent of both bills is
commendable, their current form perpetuates
the stereotypes and myths of how the HIV virus
is spread and contracted.
5277
"S2767, by Senator Marchi, provides
that New York City parking control
specialists, school safety agents, campus
peace officers, and taxi and limousine
inspectors who are employed by the City of
New York receive a 75 percent pension if such
person is injured in his or her duties. And
if such person contracts HIV, it shall be
presumed that it was contracted during the
course of employment unless contrary evidence
can be shown.
"S3984, by Senator Rath, provides
the same protections for paramedics employed
by the Police Department in the Town of
Tonawanda.
"It is not easy to contract HIV.
It is close to impossible to receive HIV
during the normal course of action during
employment. The New York State Department of
Health Regulation 63.10 states that there are
three factors necessary to concrete a
significant risk of contracting or
transmitting HIV infection. They are: (1) the
presence of significant risk body substance;
(2) a circumstance which constitutes
5278
significant risk for transmitting or
contracting HIV infection; and (3) the
presence of an infectious source and a
noninfected person.
"Significant risk body substances
are blood, semen, vaginal secretions, breast
milk, tissue, and the following body fluids:
Cerebrospinal, amniotic, peritoneal, synovial,
pericardial, and pleural.
"Circumstances which constitute
significant risk of transmitting or
contracting HIV infection are: (1) sexual
intercourse -- that is, vaginal, anal, oral --
which exposes a noninfected individual to
blood, semen or vaginal secretions of an
infected individual; (2) sharing of needles
and other paraphernalia used for preparing and
injecting drugs between infected and
noninfected individuals; (3) the gestation,
birthing or breast-feeding of an infant when
the mother is infected with HIV; (4)
transfusion or transplantation of blood,
organs or other tissues from an infected
individual to an uninfected individual,
provided such blood, organs or other tissues
5279
have not tested conclusively for antibody or
antigen and have not been rendered
noninfective by heat or chemical treatment" --
ACTING PRESIDENT McGEE: Excuse
me, Senator Duane.
Senator Morahan.
SENATOR MORAHAN: If Senator
Duane would suffer an interruption, there will
be an immediate meeting of the Rules Committee
in the Majority Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Duane.
SENATOR DUANE: -- "(5) other
circumstances during which a significant risk
body substance, other than breast milk, of an
infected individual contacts mucous membranes,
that is, eyes, nose, mouth, nonintact skin --
that is, open wound, skin with a dermatitis
condition, abraded areas -- or the vascular
system of a noninfected person. Such
circumstances include but are not limited to
needle-stick or puncture-wound injuries and
direct saturation or permeation of these body
5280
surfaces by the infectious body substance.
"Circumstances that involve
significant risk shall not include" -- shall
not include -- "(1) exposure to urine, feces,
sputum, nasal secretions, saliva, sweat,
tears, or vomit that does not contain blood
that is visible to the naked aye; (2) human
bites where there is no direct blood-to-blood
or blood-to-mucous-membrane contact; (3)
exposure of intact skin to blood or any other
body substance; or (4) occupational settings
where individuals use scientifically accepted
barrier techniques and preventative practices
and circumstances which would otherwise pose a
significant risk and such barriers are not
breached and remain intact.
"Based on these regulations, it is
hard to see how an employee, especially a
parking control officer or a Taxi and
Limousine Commission inspector could contract
the HIV during the normal course of
employment.
"Of course, I am by no means
advocating for the denial of disability
pension benefits to those who do contract HIV
5281
on the job through no fault of their own. For
instance, a blood transfusion after an
accident comes to mind. However, to presume,
to presume HIV infection is contracted on the
job is ignorant.
"I realize that the legislation
provides for the use of contrary evidence to
show that HIV infection was not caused by
employment duties. However, forcing
government agencies to run around and prove
this employees contracted HIV offer the job is
unrealistic and quite costly. A much more
realistic approach would be for employees to
show how their job duties caused HIV
infection.
"But this is more than a cost
issue. Passing legislation like this sends a
powerful message to the citizens of New York.
It indicates false belief on how HIV is spread
and goes against the state's own guidelines on
what constitutes significant risk. And what
kind of message does it send to employees
affected by this legislation? Does it create
irrational fears that they will contract HIV?
Will it make them hesitant to help those in
5282
need during an emergency? We should be
educating our citizens on how HIV is really
spread and not playing to fears and myths.
"I hope that this letter clears up
any misconceptions about the spread of the HIV
virus, and I would be more than willing to
discuss the issue with you further. While I
am a strong advocate for giving employees as
many benefits as possible, I cannot in good
conscience vote for these bills in their
current forms, and I urge you to consider
voting against them as well."
Now, after both houses passed this
legislation, the Governor vetoed the
legislation. And I'd like to share with you
his veto message.
"To the Senate: I am returning
herewith, without any approval, the following
bill: Senate Bill Number 2767, entitled 'An
act to amend the General Municipal Law and the
Retirement and Social Security Law, in
relation to benefits for employees of
government entities performing peace officer
services in the City of New York who are
injured in the performance of their duties.'
5283
"Not approved.
"This bill would amend the General
Municipal Law and the Retirement and Social
Security Law to provide for a statutory
presumption that special officers, parking
control specialists, school safety agents,
campus peace officers, and New York City taxi
and limousine inspectors of any rank employed
by the City of New York, including but not
limited to the City University of New York,
the Board of Education, the Health and
Hospitals Corporation, and the Taxi and
Limousine Commission, who contract HIV,
tuberculosis or hepatitis, contracted the
disease in the course of their duties and thus
would be entitled to a 3/4 accidental
disability pension.
"The HIV presumption would apply
only where the member may have been exposed to
a body fluid of a person under his or her care
or treatment or while the member examined,
transported, rescued or otherwise had contact
with such a person in the course of his or her
duties. Under the bill, the presumption is
rebuttable and may be challenged by competent
5284
evidence.
"The actuary retained by the
proponents estimates that the bill would cost
the city $50,000 this fiscal year, which would
increase to $500,000 by the 2010-11 fiscal
year. The bill would take effect immediately
and authorize current members to file
retroactive claims for injuries dating back to
March 17, 1996.
"Historically, the benefit this
bill would grant has been afforded to
personnel whose jobs place them in a
significant degree of danger and stress and
who regularly come into contact with persons
who may be afflicted about infectious
diseases. Accordingly, under current law,
only state correction officers, Office of
Mental Health security, hospital treatment
assistants, New York City correction officers,
New York City emergency medical technicians,
New York City police officers and
firefighters, local police officers and
firefighters, and sheriffs, undersheriffs and
deputy sheriffs have such an infectious
disease presumption.
5285
"I respect the important public
service that is performed by those who would
be accorded this presumption. Nonetheless, I
have not been presented with facts that would
support the conclusion that persons employed
in all the titles covered by the bill are so
frequently exposed to those infectious
diseases as to justify the statutory
presumption.
"Further, I am persuaded by the
arguments of the Mayor of the City of New York
that the bill creates an unfunded and
unnecessary mandate.
"Finally, I have not been presented
with a justification for permitting employees
to file retroactive claims dating back to a
date, March 17, 1996, that necessarily would
prejudice severely the city's ability to rebut
the presumption in appropriate cases.
"The bill is disapproved."
Now, I understand the Governor's
fiduciary issues with this issue. But I
absolutely have to agree with him when he says
"I respect the important public service that
is performed by those who would be accorded
5286
this presumption."
In fact, when I was on the City
Council I voted for legislation which would
make it -- which would increase penalties for,
for instance, assaulting a parking violations
specialist or a taxi and limousine inspector,
among others.
However, there is no justification
based on the presumption of HIV infection as
put forward in this bill.
Now, some have said that because of
my position on this issue that I am somehow
anti-union. Frankly, that's a very, very
painful label to have placed upon me. And I
hope that the vast majority of my brothers and
sisters in the trades union movement and labor
unions around the state do not believe that to
be true.
Now, I responded to the union which
is advancing this bill. Let me just tell you
what that letter said. My letter to the
unions in response to the charge that I'm
anti-union:
"Dear Brothers and Sisters: I have
always considered labor a good friend and
5287
always considered myself a good friend of
labor. I have done my best to look out for
labor's best interests, and I strongly believe
that my record clearly speaks to that. In
recent months, I have heard from various
sources that there are those who believe I
have been anti-union on the floor of the State
Senate. Nothing could be further from the
truth.
"Still, I believe you deserve an
explanation. The incident in question
involves my actions regarding Senator Marchi's
bill S2767. The bill provided for New York
City parking control specialists, school
safety agents, campus peace officers, and taxi
and limousine inspectors who are employed by
the City of New York to receive a 75 percent
pension if such person is injured in his or
her duty and, if such person contracts HIV, it
shall be presumed that it was contracted
during the course of employment unless
contrary evidence can be shown.
"I also opposed a bill by Senator
Rath, S3984, which provided similar
protections for paramedics employed by the
5288
police department in the Town of Tonawanda.
"It was a very tough decision to
publicly announce that I was HIV-positive
during my campaign for the New York City
Council in 1991. At that time, the stigma of
having HIV was even greater than it is today.
I disclosed my status to show that life does
not stop once one becomes HIV-positive. And I
believed it was vitally important to have a
strong advocate who understood the needs of
those with HIV/AIDS in the halls of
government. I vowed that as long as I was in
public office, I would use my unique position
to educate people about HIV and AIDS.
"I oppose S2767 because presuming
HIV is contracted on the job implies that
casual contact with an HIV-positive person can
spread the HIV virus. It is not easy to
contract HIV. It is close to impossible to
contract HIV during the course of employment.
Such bills spread the stereotypes and myths of
how the HIV virus is spread and contracted. I
would be neglecting my responsibilities if I
allowed these stereotypes and myths to
continue.
5289
"I want to make this clear: I am
by no means advocating for the denial of
disability pension benefits to those who
contract HIV on the job through no fault of
their own. My only opposition is presuming
that HIV was contracted on the job. I
understand that other groups have been granted
this benefit by the State Legislature in the
past. Since I was first elected to the Senate
in 1999, I have always been very vocal in my
opposition to these bills and others which
imply the casual spread of the HIV virus.
"In turn, I have also worked very
hard to make sure that those with HIV/AIDS
receive the help they deserve. As a member of
the New York City council, I authored
legislation which created a citywide Division
of AIDS Services. The Division of AIDS
Services has provided countless city residents
who have HIV/AIDS the benefits they
desperately need. In the State Senate, I have
introduced legislation which would create a
statewide Division of AIDS Services.
"I hope that this explanation
clears up any misunderstanding of my actions.
5290
I am a strong advocate for labor, and I always
try to support union-backed legislation. My
opposition to S2767 had nothing to do with my
feelings for labor but rather my need to
educate my colleagues on HIV and AIDS."
And I attached the letter I wrote
to my colleagues which I read earlier, and I
offered to show them a transcript of previous
debates.
Now, in response to that, Local 237
of the International Brotherhood of Teamsters,
AFL-CIO, sent out the following letter to my
sisters and brothers in the union movement:
"I find it necessary to respond to
a letter dated May 16 that was sent by New
York State Senator Tom Duane to union leaders
regarding legislation S2767 (Marchi) and to
Senator Duane's remarks about our union and
its members on the floor of the Senate last
year.
"To review, several years ago we
became aware of a disability pension benefit
that was enjoyed by other peace officers
within New York State and sought to get it for
our peace officers. In the bill there is a
5291
presumption that if you contract hepatitis or
tuberculosis and are so disabled that you can
no longer work, you can receive an increased
benefit.
"With HIV, there has to be shown,
through documentation, a prior incident where
there was an exchange of bodily fluids. It
should be noted that this benefit is not
automatic, it is refutable.
"This bill implies nothing about
casual contact causing AIDS. Laws by
definition don't imply, they establish rules.
People like Senator Duane can infer what they
wish about a law. In the end, a court states
what a law meant if there was an ambiguity.
The law has many presumptions, including the
important presumption of innocence in a
criminal case. This presumption implies
nothing about guilt or innocence" -- and if I
may just interject here: Really?
"It sets the rules for making a
decision. The issue is whether Senator
Duane's inferences take precedence over a
peace officer's right to fair compensation for
an illness or injury contracted on the job.
5292
"We do not believe that HIV can be
casually transmitted in the normal course of a
job. We only wish that Senator Duane
understood what the duties of a taxi and
limousine inspector are. This is not a normal
job, as he stated in his remarks. This is a
job in law enforcement that frequently
requires confrontation that leads to assaults
with weapons such as box-cutters,
switchblades, and other weapons. When
subduing belligerent people, both can be
bloodied in the process. There is no doubt
that through open wounds and bites, HIV can be
transmitted.
"Besides belittling a class of
working people over and over again, as well as
insulting their union people in the floor
debate" -- which is not true, I may add --
"the senator also demonstrated a lack of
knowledge concerning the duties of these
workers. Taxi and limousine inspectors
perform regulatory enforcement, investigatory
and inspectional duties required in the
regulation of the taxi and limousine industry.
They perform one of the most dangerous duties
5293
in law enforcement, car stops. Car stops are
extremely dangerous because you don't know
what you are going to encounter when stopping
a vehicle -- someone who is belligerent,
someone who is armed.
"Many of our members have been
assaulted with weapons and have been bitten
and dragged alongside vehicles. Several years
ago, the Koch administration seriously
considered arming taxi and limousine
inspectors.
"The New York State Department of
Health dealing" -- let me just read this again
slowly. This is, again, the letter from the
union.
"The New York State Department of
Health, dealing with transmission of HIV,
states in 10 NYCRR 63.10, paragraph 5: 'Other
circumstances during which a significant risk
body substance, other than breast milk, of an
infected individual contacts mucous membranes,
that is, eyes, nose, mouth, nonintact skin --
that is, open wounds, skin with a dermatitis
condition, abraded areas -- or the vascular
system of a noninfected person. Such
5294
circumstances include but are not limited to
needle-stick or puncture-wound injuries and
direct saturation or permeation of these body
surfaces by the infectious body substances.'
"Our members encounter all of the
above dangers. Do they deserve this benefit?
We sincerely believe that these workers do
deserve this benefit, as did the legislators
who passed this legislation last year in both
houses."
Now, I'm not belittling a class of
workers at all. I'm merely doing what I was
sent here to do. I think that when we talk
about belittling, spreading the wrong message
about spread of HIV and AIDS belittles those
who suffer from this terrible affliction and
those who are at risk of contracting HIV/AIDS.
Now, this is so important to me
that I'm now facing opposition to my seat here
in the Senate. But so be it. I believe it's
worth it. I mean, I believe I was sent
here -- and the constituents in my district,
most of whom are not HIV-infected or who have
AIDS, but who sent me here knowing that I
would be an advocate for people with HIV and
5295
AIDS, that they would want me to be the voice
of education and compassion on this issue.
And so while it may be ultimately a
very difficult vote for me to cast and a very
difficult debate for me to engage in, I don't
really see how I could do anything else but
what I did last year and what I'm doing this
year.
I remain very proud of my union
record. I feel very proud of the advocacy
that I've put forward on behalf of the working
women and men in the City of New York. I
would be more than happy -- and, for that
matter, for the state. And I would be more
than happy to share more details of that
record of my support for the working women and
men in New York City with anyone who wishes to
see it.
I'm also very proud of the work
that I've done on behalf of people with HIV
and AIDS as well as other life-threatening
diseases. Now, to that end, one of the
proudest moments that I had in the New York
City Council was when I achieved passage of
the New York City Division of AIDS Services,
5296
which put into law an agency which would
provide services and more than a safety net
but really lifesaving and life-prolonging
services for people with AIDS.
And this year I introduced a
similar piece of legislation which would
provide those services to people throughout
New York State.
Madam President, I believe there's
an amendment at the desk.
ACTING PRESIDENT McGEE: Yes,
there is, Senator.
SENATOR DUANE: And I'd like to
waive the reading and speak on the bill.
ACTING PRESIDENT McGEE: On the
bill or on the amendment?
SENATOR DUANE: On the amendment,
excuse me.
ACTING PRESIDENT McGEE: Senator
Duane, on the amendment.
SENATOR DUANE: Thank you, Madam
President.
My amendment seeks to create a
State Division of AIDS Services within the
Office of Temporary and Disability Assistance.
5297
This Division of AIDS Services would provide
those with clinical, symptomatic HIV
illness -- not just those who are
HIV-positive, but those who have clinical,
symptomatic HIV illness -- first, with
intensive case management, which shall not
exceed the ratio of one case worker for 25
families. However, if fiscal situations
become too strained, the commissioner is
authorized to modify this ratio.
With the Division of AIDS Services,
a person with HIV/AIDS will be able to go to
one place to apply for benefits and services
they are eligible for, including but not
limited to transitional and permanent housing,
Medicaid and other health-related services,
long-term care and services, long-term home
healthcare, food stamps, transportation and
nutrition allowances, preventive services,
including rent subsidies, and childcare. It
will also provide a way for people to be able
to continue paying for their private
insurance.
Upon applying, a person will
receive a statement of all benefits and
5298
services they are eligible for and what they
are not eligible for. The statement will also
let them know if their application for each
service is complete or incomplete. If
incomplete, there will be information to
inform the applicant of what they need in
order to complete the application.
Every year the Commissioner shall
release a report to the Governor and the
Legislature with the number of people
utilizing Division of AIDS Services and what
services and benefits are being utilized.
The legislation also creates an
advisory board appointed by the leaders of the
Legislature, both Majority and Minority, with
at least six who are eligible for the Division
of AIDS Services programs. Advisory board
members would serve for two years without
compensation.
Now, ideally there would be people
in each of the county social services agencies
who could be the caseworkers and would be
trained to do this. And so there should not
be a major cost to the counties.
Throughout my discussions with
5299
people with AIDS around the state, I've
discovered some disturbing evidence of a lack
of services and a lack of providing for the
needs of people with HIV/AIDS. You've heard
of people living in substandard housing,
people who have to go to several different
offices to get different kinds of benefits and
services, people who have been denied food
stamps, people who are unable to get rent
subsidies, women who are unable, with the
public benefits that they're getting, to
afford to keep their families together.
There is no safety net for people
with AIDS in this state. There is no way to
make sure that people get their needs met so
that they can stay alive longer throughout
New York State. And that's why this bill has
been introduced and that's why I'm amending
this legislation today with my Division of
AIDS Services amendment.
Now, remember, as of maybe
June 2000 there were nearly 150,000 known
cases of HIV/AIDS with New Yorkers 13 years or
older.
And I have to say that there are
5300
those who would say: Well, you know, I don't
really believe you on the cost. The cost may
be too high, and we're in the middle of a
fiscal crisis.
But, you know, in tough times, just
like a family, I think that New York should
help those who need help the most and that
they should really be able to be first in line
to get that help.
Now, in the budget, you know, we're
continuing to put in tax cuts. And I really
think if we can afford tax cuts, we could
certainly afford to provide lifesaving
services for people with AIDS.
So I would ask my colleagues, both
from a public policy point of view and from a
compassionate point of view, that they vote in
favor of this amendment and establish for
New Yorkers most in need a Division of AIDS
Services that will provide the ability for
New Yorkers infected with this disease and
living with this disease to live longer,
healthier lives with their families.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Will
5301
those Senators in agreement with the amendment
please raise their hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Connor, Duane,
Gonzalez, Hassell-Thompson, L. Krueger,
Montgomery, Paterson, Santiago, Schneiderman,
and M. Smith. Also Senators Dollinger and
Oppenheimer.
ACTING PRESIDENT McGEE: The
amendment fails.
Senator Marchi.
Senator Padavan, I'm sorry.
SENATOR PADAVAN: Yes, Madam
President, by unanimous consent can I be
recorded in the negative on Calendar Number
1372, Senate Bill 2893C.
ACTING PRESIDENT McGEE: Without
objection.
Senator Duane.
SENATOR DUANE: Madam President,
I just wanted to remind you I'm still on the
bill.
ACTING PRESIDENT McGEE: Still on
the bill.
SENATOR DUANE: Thank you, Madam
5302
President.
Since this issue has come up and
since I have communicated both with my
colleagues here in the Legislature as well as
people, working women and men around the
state, I have not heard from one taxi and
limousine inspector or parking violation
specialist or any of the other employees
enumerated in the bill about their belief or
advocacy that this presumption of HIV on the
job should be included in this legislation.
And I want to assure my colleagues
that I have spoken with and reached out to and
shared my concerns specifically with members
of the government relations staff of this
union; unfortunately, to no avail.
Now, I know I spoke at great length
on this bill today here in the Senate. But I
felt it provided a good opportunity to educate
my colleagues on how it is that HIV and AIDS
is contracted and spread.
And again, I hope that you will
agree with me and the New York State
Department of Health, the NIH, and other
government agencies and all of the scientific
5303
evidence known to us at this time that there
is no way to contract HIV during the normal
course of a job. It is very, very difficult
to contract HIV. Very, very difficult. And
so to presume that it's gotten in the normal
course of a job is just flat-out erroneous.
Now, I have tried to make the case
that I would like to see benefits provided for
all people who are infected with the HIV virus
and who then move on to have full-blown AIDS.
I would like to see that safety net in place
for all New Yorkers.
And I also strongly believe that
people who are injured as a result of their
work duties deserve -- need and deserve to get
benefits which will provide them with the
ability to survive and in fact thrive with
whatever physical or, for that matter, mental
injury they may have gotten.
And again, from my point of view,
though I know this Legislature has passed
bills dealing with others like correction
officers and police officers, et cetera, I
have disagreed with those bills as well. I
wouldn't object if the presumption was not
5304
there. It's the presumption that that's how
HIV is contracted that I object to so
strongly, no matter what job it is.
So I would ask my colleagues to
send a message that AIDS is not easily spread,
and send this bill back so that it can be
rewritten to provide benefits for the working
women and men in New York State that make
sense scientifically and which will make it so
that those who are most in need and have HIV
and AIDS will be able to survive and live a
decent and long life in the state of New York.
So I would urge a no vote on this
piece of legislation. Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Marchi.
SENATOR MARCHI: Just by way of
closing, I certainly did not object, as you
know, to the presentation of your point of
view or the point of view that reflects the
judgment of any one of our 61 members. So
that has been done.
We did pass almost a similar bill
before. We voted in 1996, 1998, and then a
5305
bill that was vetoed by the Governor, who
indicated that we had no statistical support
of how many were affected and in what way.
And the fact that it provided also for
retroactivity, which he felt was
objectionable, that has been eliminated.
And the Assembly presumably is
waiting for the reception of this bill, and
Mr. Abbate over there I understand is on the
verge of passage.
So I would urge a positive vote.
And I certainly don't disparage any sentiment
which is at variance. That's the purpose of
the Senate. I would hope it continues to be
the purpose of the Senate.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
5306
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: I had
voted no.
ACTING PRESIDENT McGEE: In
relation to Calendar Number 1323, you will be
recorded in the negative.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: I also voted
no.
ACTING PRESIDENT McGEE: In
relation to Calendar Number 1323, you will be
recorded in the negative.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Dollinger.
5307
SENATOR DOLLINGER: Madam
President, is the roll call on that bill over?
ACTING PRESIDENT McGEE: Yes.
SENATOR DOLLINGER: I ask for
unanimous consent to be recorded in the
negative on Calendar Number 1372.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. I too have learned of the
problems with the antenna. I would like
unanimous consent to be recorded in the
negative on 1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Can we please
go to Calendar 671.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
671, by Senator Skelos, Senate Print 6741A, an
5308
act to amend the General Business Law, in
relation to clarifying and expanding.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message of necessity is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Skelos, an explanation has been requested of
671.
5309
SENATOR SKELOS: This would
require the fingerprinting of certain
individuals employed by the securities
industry.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: I'm sorry, Madam
President, I did not hear the explanation. I
apologize, but I didn't hear it.
ACTING PRESIDENT McGEE: Are you
requesting it to be said again?
SENATOR DUANE: I am, Madam
President.
ACTING PRESIDENT McGEE: Senator
Skelos, an explanation has been requested.
SENATOR SKELOS: I said this
would require the fingerprinting -- this is an
agreed-upon bill with the Assembly and the
Governor that would require the fingerprinting
of certain individuals that work within the
securities industry.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Madam President,
is it the securities industry or the security
5310
industry? That's what I'm not hearing.
SENATOR SKELOS: Securities.
ACTING PRESIDENT McGEE: T-Y.
SENATOR SKELOS: No, T-I-E-S.
SENATOR DUANE: T-I-E-S, okay.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Can we take up
Calendar 840, please, on the main calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
840, by Senator Morahan, Senate Print 6182E,
an act to amend the Transportation Law, in
relation to operations.
ACTING PRESIDENT McGEE: Senator
5311
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move for its
adoption and acceptance.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5312
SENATOR MORAHAN: If we could
return to reports of standing committees, I
understand there's a report of the Rules
Committee at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3259, by Senator
LaValle, an act to amend the Criminal
Procedure Law;
3309, by Senator Volker, an act to
amend the Education Law;
3890, by Senator Maltese, an act to
amend the Election Law;
4950B, by Senator Volker, an act to
amend the Retirement and Social Security Law;
6100, by Senator Lack, an act to
amend the Public Authorities Law;
6266, by Senator Breslin, an act to
authorize;
6371A, by Senator Fuschillo, an act
to amend the Insurance Law;
6600A, by Senator Stachowski, an
5313
act to authorize;
6868B, by Senator Wright, an act
authorizing;
7458, by Senator Rath, an act to
amend the Criminal Procedure Law;
7518A, by Senator Balboni, an act
to amend the General Municipal Law;
7532A, by Senator Fuschillo, an act
to amend the Real Property Tax Law;
7547A, by Senator Balboni, an act
in relation;
7574A, by Senator Volker, an act to
amend Chapter 367 of the Laws of 1999;
7595, by Senator Balboni, an act in
relation;
7607, by Senator Spano, an act to
amend the Tax Law;
7617, by Senator Balboni, an act
authorizing;
7626, by Senator Farley, an act to
amend the Public Authorities Law;
7628, by Senator Meier, an act to
amend the Social Services Law;
7629, by Senator Bruno, an act to
amend the Highway Law;
5314
7632, by Senator Bruno, an act
authorizing;
7636A, by Senator Skelos, an act to
amend the Public Authorities Law;
7637, by Senator Rath, concurrent
resolution of the Senate and Assembly;
7640, by Senator Stafford, an act
to amend the Vehicle and Traffic Law;
7641, by Senator Lack, an act in
relation to validating;
7644, by Senator Kuhl, an act to
amend Chapter 667 of the Laws of 1994;
7667, by Senator LaValle, an act to
amend the Environmental Conservation Law;
7669, by the Senate Committee on
Rules, an act to amend Chapter 596 of the Laws
of 1994;
7670, by Senator Velella, an act to
amend Chapter 824 of the Laws of 1987;
7671, by the Senate Committee on
Rules, an act to amend Chapter 831 of the Laws
of 1981;
And Senate Print 7698, by Senator
Hannon, an act to amend the Real Property Tax
Law.
5315
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of the Rules
Committee. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
Rules report is accepted.
Senator Marcellino.
SENATOR MARCELLINO: We'll wait.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar Number
1372.
ACTING PRESIDENT McGEE: Without
5316
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I request unanimous consent to be
recorded in the negative on Calendar Number
1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Stavisky.
SENATOR STAVISKY: Madam
President, I would appreciate unanimous
consent to be recorded in the negative on
1372.
ACTING PRESIDENT McGEE: Without
objection.
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Madam
President, I request unanimous consent to vote
negative on 1323.
ACTING PRESIDENT McGEE: Without
objection.
Senator Brown.
SENATOR BROWN: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1438.
5317
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, is there any housekeeping at the
desk?
ACTING PRESIDENT McGEE: Yes,
there is.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, on behalf of Senator Balboni, I
wish to call up his bill, Print Number 6933,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
686, by Senator Balboni, Senate Print 6933, an
act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
5318
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: I offer the
following amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
Senator Marcellino.
SENATOR MARCELLINO: On behalf of
Senator Saland, I wish to call up his bill,
Print Number 6625, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
459, by Senator Saland, Senate Print 6625, an
act to amend the Social Services Law.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
5319
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: I now offer
the following amendments, Madam President.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, there being no other further
business before the Senate, I move that we
adjourn until June 19th at 11:00 a.m.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Wednesday, June 19th, at 11:00 a.m.
(Whereupon, at 5:25 p.m., the
Senate adjourned.)