Regular Session - June 19, 2002
5320
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 19, 2002
11:19 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
5321
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: Good job
up in the gallery there. Thank you.
In the absence of clergy, may we
all please bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 18, the Senate met pursuant to
adjournment. The Journal of Monday, June 17,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
5322
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 12th Judicial District, Edward M.
Davidowitz, of White Plains.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President. I rise to move the nomination of
Edward M. Davidowitz, of White Plains, as a
justice of the Supreme Court of the 12th
Judicial District.
It's a real pleasure this morning
to stand up to be able to move this
nomination. For those of you who try to keep
track of those things, two weeks ago, at
approximately the same time, Judge Davidowitz
appeared here to get reconfirmed as a judge of
the Court of Claims. Unfortunately -- or
5323
fortunately for him, depending on how you want
to look at it -- he is reaching the mandatory
term of retirement in the Court of Claims. So
therefore, after 16 years, he'd have to stand
down from the bench at the end of this year.
Even more fortunately, thanks to
Senator Guy Velella, who can always teach
anybody in this chamber something new, several
years ago he taught us a new word that has
gone into the lexicon on how to "jamboy" a
judge who is not a Supreme Court justice into
a situation that would allow that judge to get
certificated for an additional six years.
In addition, Senator Velella also
happened to have a vacancy in the 12th
Judicial District, which is the County of the
Bronx, and which he very nicely consented to
the fact that there should be an appointee
named Edward M. Davidowitz sitting in that
vacancy which would allow him to be jamboyed,
as we now call it, and serve an additional six
years and not go into mandatory retirement.
Seriously for a moment, it does
point out an inconsistency we have in our
statutory and constitutional law in this state
5324
which allows only sitting Supreme Court judges
to get certificated beyond the age of 70, and
all other judges have to retire at the
mandatory retirement age of 70.
And when you have judges, quite
frankly, like Judge Davidowitz, who are highly
competent, highly thought of, to force them to
leave the bench at that age is absolutely
ludicrous.
And while I'm on that subject, I
should say that for those of you who don't
know, the process that we go through in the
Judiciary Committee, particularly with a
sitting judge who is up for reconfirmation by
the Senate, is to call those who work with
him -- his peers, administrative judges, those
who appear before him -- and get their
comments.
And I must say when it comes to
Judge Davidowitz, my staff were more than
pleasantly surprised. They spoke in several
cases to both prosecutors and defense counsel,
sometimes in the same case, both of whom at
all times had only high praise for the judge.
We received phone calls from administrative
5325
judges saying can't there be a way or
shouldn't there be a way in which this judge
could continue to sit on the bench.
Well, again, thanks to Senator
Velella, that is the point of why I'm standing
here this morning, just for that reason, to
move the nomination of Judge Davidowitz for
confirmation as a justice of the Supreme Court
in the 12th Judicial District, which will
allow him to get certificated to sit until his
76th birthday.
And I will take bets for any amount
that on his 76th birthday Judge Davidowitz
will be looking for a new system to continue
well beyond that age.
So, Judge, my congratulations to
you. And congratulations, quite frankly, that
yes, we can do something to move even a system
that should be operating differently, this
time, fortunately for your sake, for the
better. So congratulations to you. And I'm
quite happy to move.
And I will yield, I think, to
Senator Velella, who would probably like to
make some comments.
5326
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Thank you,
Senator Lack.
I rise obviously not only to
support the candidate, but his credentials
speak for themselves, in the fact that he will
be an excellent judge and an additional six
years of his services to the people of this
state will be a big asset to those of us in
Bronx County and in the 12th Judicial
District.
But I also rise to point out the
fact that what judge -- judge. I'm sorry,
Senator Lack -- what Senator Lack said is very
true. And every member of this house ought to
be aware of the fact that we take the most
competent, the most experienced, the highly
qualified judges and say they cannot serve
because of their age in the courts of the
Court of Claims, a court that is a state court
that is important to the people of this state.
I think it's ridiculous that we
ought to set this arbitrary age bracket and
elimination of judges at 70 years in the Court
5327
of Claims when they can, in fact, function in
the Supreme Court and often are the most
productive judges, between 70 and 76 years
old.
I think this body ought to
seriously address that, and I hope in the near
future we will be able to say we don't have to
jamboy judges, we can just let them do their
job as long as they're able to do it well.
Judge, congratulations. And I look
forward to another six years of your service
to the people of this state.
ACTING PRESIDENT MEIER: The
question, then, is on the confirmation of
Edward M. Davidowitz, of White Plains, as a
justice of the Supreme Court. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Justice Davidowitz is with us today
in the gallery. He's accompanied by his wife,
5328
Jane.
Congratulations, Your Honor, and
good luck with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Gregory Carro, of New York.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President. I rise to move the nomination of
Gregory Carro, of New York, as a judge of the
Court of Claims.
We've examined Judge Carro's
credentials. They were found to be excellent.
He appeared earlier this morning before the
committee, was unanimously moved to the floor
for confirmation at this time. And I yield
for purposes of a second to Senator Krueger.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Thank you, Senator Lack, for
allowing me to rise to be second to nominate
5329
Judge Gregory Carro to the Court of Claims.
And in reference to the previous
judge, we have a long time before we have to
worry about Judge Carro having an issue of
being able to remain on the Court of Claims,
if he so chooses, from an age perspective.
The loss is that we will no longer
have him as a judge of the Criminal Court for
the City of New York in my district in
Manhattan.
He has a long history, a respected
history working in criminal law, having been
an assistant district attorney working on
homicide investigations, particularly complex,
drug-related gang issues; having served in the
Trial Bureau; having served as assistant
special narcotics prosecutor for the Office of
the City of New York.
And I'm delighted that he comes
from the great community in my district of
Stuyvesant Town.
And I would like to congratulate
him and his father, John Carro, who I
understand is here with him today, who must be
extremely proud of his son.
5330
So thank you very much, and
congratulations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Gregory
Carro as a judge of the Court of Claims. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Carro is with us today in the
gallery, and he is accompanied by his father,
John Carro.
Your Honor, congratulations and
best wishes with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Robert J. Collini, of Staten
Island.
ACTING PRESIDENT MEIER: Senator
Lack.
5331
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Robert J. Collini, of Staten Island, as a
judge of the Court of Claims. Again, another
one of the nominations we received this week
from the Governor of an excellent person to
serve on the Court of Claims.
We examined the credentials of the
candidate. They were found to be exemplary.
He appeared earlier this morning before us,
was unanimously moved to the floor for
consideration at this time.
And I most respectfully yield to
Senator Marchi for purposes of a second.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
it's really edifying when we meet each of
these nominees by the Governor, and it only
exemplifies and iterates the care with which
they were selected and what they have to
contribute as we proceed to consider their
confirmation.
Mr. Collini was born in Vicenza,
5332
Italy. And I've had the pleasure of
exchanging some of our colloquy and
interrogation in Italian, and he does it very
well. And very few of them do it in this
country.
But he's got a very superb
background. And it's not narrow-gauged. He's
done well in a number of areas, which
indicates that he has a broad comprehension of
the responsibilities that he carries and that
they do not exclude a variety of experiences.
U.S. Army War College. He's been
an arbitrator in both Richard and Kings
County, on several counts. Civil and military
affairs detachment. In area after area --
Fordham University, bachelor of arts, Phi Beta
Kappa. So this is academic excellence.
Excellence in various fields, civic and civil
and military, and each one rendering a
distinguished account of his activities.
He's had experience as a litigator
and all of the wide breadth of experiences
that one could possibly desire. So I'm not
going to belabor the obvious, because there
are multiple allusions and references to
5333
credible service.
But I'm very proud to stand here
and urge this body to give their unanimous
consent, as I'm sure they will, because the
past is prologue. We've had good people.
Here's a very excellent person who has given a
good account of himself with the public, with
his peers, and in distinguished service, which
indicates what he brings to the office that he
seeks.
So again, Mr. President, I urge
unanimous consideration of this nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Robert J.
Collini as a judge of the Court of Claims.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Collini is with us today in
the gallery. He's accompanied by his parents,
Dr. and Mrs. Francis Collini, and by a family
5334
friend, John Stella.
Judge Collini, congratulations and
best wishes with your duties.
(Applause.)
ACTING PRESIDENT MEIER: Reports
of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President. On behalf of Senator Maziarz, I
wish to place a sponsor's star on Calendar
Number 829.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FARLEY: On behalf of
Senator Volker, Mr. President, I move that the
following bill be discharged from its
respective committee and be recommitted with
instructions to strike the enacting clause:
That's Senate 3510.
ACTING PRESIDENT MEIER: So
ordered.
With regard to Calendar 829, the
5335
sponsor's star will be removed.
SENATOR FARLEY: Did I do that
wrong? Here, let me correct that for the
record.
On behalf of Senator Maziarz,
please remove the sponsor's star on 829.
Thank you.
ACTING PRESIDENT MEIER: The
chair thanks you, and Senator Maziarz thanks
you.
So ordered. Thank you, Senator
Farley.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there are substitutions at the desk.
If we could make them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 54,
Senator Bruno moves to discharge, from the
Committee on Rules, Assembly Bill Number
11460A and substitute it for the identical
Senate Bill Number 7448A, Third Reading
Calendar 1300.
On page 56, Senator LaValle moves
5336
to discharge, from the Committee on Rules,
Assembly Bill Number 6502 and substitute it
for the identical Senate Bill Number 3259,
Third Reading Calendar 1443.
On page 56, Senator Volker moves to
discharge, from the Committee on Education,
Assembly Bill Number 6597 and substitute it
for the identical Senate Bill Number 3309,
Third Reading Calendar 1444.
On page 58, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11602A and substitute it
for the identical Senate Bill Number 7632,
Third Reading Calendar 1461.
And on page 58, Senator Rath moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11269 and substitute it
for the identical Senate Bill Number 7637,
Third Reading Calendar 1462.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
5337
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
82, by Senator Volker, Senate Print 5653A, an
act to amend the Penal Law and others, in
relation to changing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 72. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
113, by Member of the Assembly Abbate,
Assembly Print Number 10239, an act to amend
the Civil Service Law, in relation to
reassignment.
SENATOR HEVESI: Lay it aside,
please.
5338
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
209, by Senator LaValle, Senate Print 1430, an
act to amend the Town Law, in relation to
permitting fire districts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
365, by Senator Fuschillo, Senate Print 1070,
an act to amend the Vehicle and Traffic Law,
in relation to increasing fines.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
5339
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR ONORATO: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
366, by Senator McGee, Senate Print 1168, an
act to amend the Vehicle and Traffic Law, in
relation to requiring suspension and
revocation.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
367, by Senator Maziarz, Senate Print 1897, an
act to amend the Vehicle and Traffic Law, in
relation to increasing penalties.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
473, by Senator Velella, Senate Print 6426, an
5340
act to amend the Labor Law, in relation to
imposing liability.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
570, by Senator Wright, Senate Print 6136A, an
act in relation to fire protection.
ACTING PRESIDENT MEIER: 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 MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
573, by Member of the Assembly Schimminger,
Assembly Print Number 2149A, an act to amend
5341
the Local Finance Law, in relation to the sale
of bonds and notes.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
885, by Senator Saland, Senate Print 7126 --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
969, by Member of the Assembly Cahill,
Assembly Print Number 7907B, an act to amend
the General Business Law, in relation to
implementing.
ACTING PRESIDENT MEIER: Read the
5342
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
973, by Senator Alesi, Senate Print 1128, an
act to amend the Vehicle and Traffic Law, in
relation to extending.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
5343
is passed.
THE SECRETARY: Calendar Number
1004, by the Assembly Committee on Rules,
Assembly Print Number 9002A, an act to amend
the Labor Law, in relation to including
services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1066, by Senator Morahan, Senate Print 4735A,
an act to amend the State Finance Law, in
relation to authorizing a preference.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
5344
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1083, by Senator Marchi, Senate Print 2546A,
an act to amend the Not-For-Profit Corporation
Law, in relation to reacquisition.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1093, by the Assembly --
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
5345
THE SECRETARY: Calendar Number
1094, by Senator --
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1106, by Senator DeFrancisco, Senate Print
6165A, an act to amend the Tax Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Padavan recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1162, by Senator Hoffmann, Senate Print 7270A,
an act to establish a full-time police
department in the Town of Cicero.
5346
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1279, by Member of the Assembly Lentol,
Assembly Print Number 5750D, an act to amend
the Retirement and Social Security Law and the
General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
5347
SENATOR DUANE: Thank you, Mr.
President.
I just want to note for the record
that I do believe that sometimes presumptions
make sense, and this is one of those cases.
I'll be voting yes, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1403, by Senator Maziarz, Senate Print 7390B,
an act to amend the Tax Law, in relation to
hotel and motel taxes.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
5348
is passed.
THE SECRETARY: Calendar Number
1443, substituted earlier today by Member of
the Assembly Thiele, Assembly Print Number
6502 --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1444, substituted earlier today by Member of
the Assembly Eve, Assembly Print Number 6597,
an act to amend the Education Law, in relation
to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5349
1445, by Senator Maltese, Senate Print 3890,
an act to amend the Election Law, in relation
to military voting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1446, by Senator Volker, Senate Print 4950B,
an act to amend the Retirement and Social
Security Law, in relation to including.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5350
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1447, by Senator Lack, Senate Print --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1448, by Senator Breslin, Senate Print 6266,
an act to authorize payment of transportation
aid.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1449, by Senator Fuschillo, Senate Print
5351
6371A, an act to amend the Insurance Law, in
relation to requiring a report.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1450, by Senator Stachowski, Senate Print
6600A, an act authorizing the Town of West
Seneca, Erie County, to sell certain
parklands.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5352
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1451, by Senator Wright, Senate Print 6868B,
an act authorizing the City of Fulton, County
of Oswego, to discontinue certain parklands.
ACTING PRESIDENT MEIER: 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 MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1452, by Senator Rath, Senate Print --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
5353
1453, by Senator Balboni --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1455, by Senator Balboni --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1456, by Senator Spano, Senate Print 7607, an
act to amend the Tax Law, the Administrative
Code of the City of New York, and the Code of
Ordinances in the City of Yonkers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
5354
is passed.
THE SECRETARY: Calendar Number
1457, by Senator Balboni, Senate Print 7617,
an act authorizing the governing board of the
Great Neck Park District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1458, by Senator Farley, Senate Print 7626, an
act to amend the Public Authorities Law, in
relation to contracts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5355
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1459, by Senator Meier, Senate Print 7628, an
act to amend the Social Services Law, in
relation to availability.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1460, by Senator Bruno, Senate Print 7629, an
act to amend the Highway Law, in relation to
designating.
ACTING PRESIDENT MEIER: Read the
last section.
5356
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1461, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11602A, an act authorizing a certain
housing authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
5357
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Paterson.
SENATOR PATERSON: Mr. President,
I withdraw my objection to Calendar 1446, if
you'd like to bring it back.
ACTING PRESIDENT MEIER: Senator
Skelos, should we go directly to Calendar
1446?
SENATOR SKELOS: Please call up
Calendar Number 1446.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1446.
THE SECRETARY: Calendar Number
1446, by Senator Volker, Senate Print 4950B,
an act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
5358
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will resume reading
in regular order.
THE SECRETARY: Calendar Number
1462, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11269, concurrent resolution of the
Senate and Assembly proposing an amendment.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The
resolution is adopted.
THE SECRETARY: Calendar Number
1463, by Senator Stafford, Senate Print 7640,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
5359
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1464, by Senator Lack, Senate Print 7641 --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1465, by Senator Kuhl, Senate Print 7644, an
act to amend Chapter 667 of the Laws of 1994.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5360
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1466, by Senator LaValle, Senate Print 7667,
an act to amend the Environmental Conservation
Law, in relation to defining.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1467, by the Senate Committee on Rules, Senate
Print Number 7669, an act to amend Chapter 596
of the Laws of 1994 amending the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5361
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1468, by Senator Velella, Senate Print 7670,
an act to amend Chapter 824 of the Laws of
1987 relating to the New York City Transit
Corps.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1469, by the Senate Committee on Rules, Senate
Print Number 7671, an act to amend Chapter 831
of the Laws of 1981, amending the Labor Law.
5362
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1471, by Senator Fuschillo, Senate Print
7532A, an act to amend the Real Property Tax
Law, in relation to --
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
5363
THE SECRETARY: On page 6,
Calendar Number 113, by Member of the Assembly
Abbate, Assembly Print Number 10239, an act to
amend the Civil Service Law, in relation to
the reassignment.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Leibell, an explanation has been requested by
Senator Hevesi.
SENATOR LEIBELL: This bill would
amend the Civil Service Law to add a new
section, 81C, to provide that the reassignment
of employees upon transfer of function or
office shall be made upon the basis of
seniority.
The bill would guarantee that if
the State of New York determines that the
reassignment of employees is necessary for the
benefit of the state, that such reassignment
will be completed in the inverse order of
seniority, as set forth in Section 80 of the
Civil Service Law.
We seek to mitigate the great
impact on employees when they are forced to
5364
relocate, and to take into account the
seniority of an employee who, through their
employment, has provided long-term, dedicated
service to the state.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
Leibell, do you yield?
SENATOR LEIBELL: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I'm concerned about the Section 80
which is referenced in this bill, which
obviously refers to some seniority rules
imposed for some other purpose. Could you
just elaborate on what Section 80, as it
currently exists in law, does?
SENATOR LEIBELL: Section 80 is a
listing of the seniority rules that are
5365
provided for by the Civil Service Law.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Leibell, would you continue to yield?
SENATOR LEIBELL: Yes, I'll
yield.
ACTING PRESIDENT MEIER: He
yields.
SENATOR HEVESI: Thank you, Mr.
President.
Let me just see if I understand
this bill. If the state needs to close down
an office somewhere in the state and workers
are relocated, if this bill becomes law, am I
to understand that the only consideration that
a manager working for the state can use if
it's necessary to transfer an employee is
their level of seniority?
SENATOR LEIBELL: Yeah, it's
not -- I can't say it's the only criteria.
But it would establish seniority as a
criteria.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
5366
SENATOR LEIBELL: Yes.
SENATOR HEVESI: I'm okay with
seniority being one of the considerations, but
not the exclusive consideration. And my
concern is the language in this bill, which
says that "in the event that the state
determines that such a reassignment is
necessary, then the selection of an employee
for reassignment shall be made in the inverse
order of seniority in the same manner as set
forth in Section 80 of this title."
It doesn't seem to me to lend
itself to other considerations becoming a part
of the process. In other words, that if this
bill became law, a manager would be forced to
hire somebody pursuant to a relocation that
was maybe not the best employee or the
smartest employee or the hardest-working
employee but simply somebody who was the most
senior.
And I'm concerned about that.
Could you possibly respond to that?
SENATOR LEIBELL: Senator, I
think what your -- your point there, we're
trying to avoid those subjective criteria.
5367
You said if someone is smarter than someone
else. Well, that was a very subjective test
that could be applied there. We're trying to
say that it wouldn't be based on that, because
you and I may very well disagree, if we were
the managers, as to who would be smarter.
We're saying here -- it's pretty
straightforward. What we're saying here is
that the seniority would be the component that
we would look to in making these
determinations as to transfers.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Would the
sponsor yield to a final question, please?
ACTING PRESIDENT MEIER: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Just as I'm
deciding how to vote on this, I would like to
be consistent with other provisions of law.
Is it generally the policy amongst the rank
5368
and file of the civil service in New York
State that seniority is -- in work
assignments, in transfers and what have you,
is seniority the exclusive component through
which a manager would base personnel decision
under current law?
SENATOR LEIBELL: For
nonmanagement contract employees, that would
be true.
SENATOR HEVESI: Okay. Thank
you.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Mr. President, I
understand what this bill seeks to do. But I
think it's heading in a direction that I don't
want to head in.
And I know we have for years and
years in this state had a mind-set that at one
point might have really been a good idea,
where we make management decisions based on
seniority. If management decisions are based
only on seniority, I have a real problem with
that.
5369
Because as Senator Leibell points
out, while some other criteria may be
subjective, as to whether somebody is smarter
than somebody else, whether somebody is
harder-working than somebody else, whether
somebody has better ideas than somebody else,
I believe -- and this is the trend I think we
should go in in government; certainly it's the
trend in the private sector -- that a manager
gets to make those subjective evaluations as
they pertain to their subordinates. And the
inability for a manager to make those
decisions damages efficiency.
In fact, I oppose certain
provisions of the New York City teachers
contract, which prevents teachers from being
transferred simply because they're senior. So
you can have an inconsistency in how you
approach education, which we now have, which
is we did away with tenure for principals in
New York City pursuant to a contract where
principals and other supervisors got up to a
30 percent raise.
So we're now holding principals
accountable, where they can be fired by the
5370
superintendents, yet we have contract rules
that prevent administrators, principals from
moving teachers around -- even though a
teacher may not be producing, even though a
teacher may be a problem in terms of coming in
line with the management or the philosophy of
the supervisor -- and we are holding the
principal accountable when their subordinates
are locked into their place in the work
structure because of seniority rules.
Now, I understand the need and the
compulsion to in some way consider seniority.
In fact, in Albany here we consider seniority
to a great extent. Much too great an extent,
in my opinion. But when you have a situation
where you can potentially say to a manager:
"Can't use the best person, can't transfer
somebody around just because one person is
more senior than another," that's a bad idea.
And so I will oppose this even with
the understanding, as Senator Leibell has
pointed out, that generally New York State law
does consider seniority either exclusively or
primarily in making these decisions. I don't
like the direction that this goes in. I want
5371
managers to have the greatest flexibility
possible. Seniority can be a factor, but we
should use other criteria -- subjective
criteria, sure. Subjective criteria. We
should use other criteria in deciding whether
or not we can transfer somebody.
Because if you had a slew of people
who were the most senior and the most
incompetent, you would be locked into
utilizing those people. And more junior
people who were more talented, who would
produce a better product or a better service
for the people of the State of New York, would
be denied, simply based on the fact that they
are younger or newer to the work force, from
helping out everybody else.
So I'm going to oppose this bill,
even though I understand why Senator Leibell
is bringing it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The debate is closed, then.
Read the last section.
THE SECRETARY: Section 2. This
5372
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Announce
the results.
THE SECRETARY: Ayes, 47. Nays,
2. Senators Hassell-Thompson and Hevesi
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
365, by Senator Fuschillo, Senate Print 1070,
an act to amend the Vehicle and Traffic Law,
in relation to increasing fines.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48. Nays,
1. Senator Duane recorded in the negative.
5373
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
366, by Senator McGee, Senate Print 1168, an
act to amend the Vehicle and Traffic Law, in
relation to requiring suspension and
revocation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
367, by Senator Maziarz, Senate Print 1897, an
act to amend the Vehicle and Traffic Law, in
relation to increasing penalties.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
5374
Maziarz, Senator Hevesi has requested an
explanation with regard to Calendar 367.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
This bill amends the Vehicle and
Traffic Law in order to increase penalties for
certain alcohol-related driving convictions.
This bill would make it a Class E felony
offense if you are convicted of a fourth DWI
within ten years in the State of New York. It
would also increase the fines to a minimum of
1,000, a maximum of $5,000, and it would
require a one-year license revocation.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR HEVESI: Thank you, Mr.
5375
President. I have voted for this bill two
years ago in a row --
SENATOR MAZIARZ: I know you
have.
SENATOR HEVESI: -- and the bill
has passed unanimously. I don't recall
whether I've asked you this before, but since
it's a new year and the Assembly hasn't passed
this, two questions.
The first is, is the Assembly going
to pass this, or do you know what their
objections are? Let me ask that question
first as a stand-alone.
SENATOR MAZIARZ: Well, I really
do not know what their objections are, Senator
Hevesi. I can only speculate that what
they're waiting for is a larger, comprehensive
DWI package of bills.
That's just speculation on my part.
Far be it from me to know what they're
thinking over there.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Maziarz, do you continue to yield?
5376
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you. My
other concern with this bill -- I don't love
this bill. And the reason is I think this
bill is too weak.
In other words, if I'm reading it
correctly, you would only be eligible for
felony-level penalties the fourth time you are
convicted of a DWAI, which seems very much
excessive to me. I don't know why we aren't
raising felony-level penalties upon certainly
the third, possibly the second DWAI
conviction.
Could you respond to that, please?
SENATOR MAZIARZ: I actually
agree with you, Senator Hevesi. I'd like to
see it much stronger than that. But I think
we have to, you know, the proverbial crawl
before we walk, walk before we run. And I
would like to see it much stiffer than this.
SENATOR HEVESI: Okay. Thank
you. Briefly on the bill, Mr. President.
5377
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President.
I support this bill. I support
Senator Fuschillo's bill before it, Senator
McGee's bill. And there are other DWI/DWAI
bills on the calendar.
I've only got two days left in
session, Mr. President. And I have seen these
bills come before the floor many times in the
past couple of years. They don't become law.
And I don't know what the problem is. These
bills, in my opinion, not only are they common
sense, they're too weak, many of them. They
don't adequately punish recalcitrant
individuals in terms of DWI and DWAI offenses.
And so why it is that we never see
an agreement with the Assembly, I don't know.
And I don't want to cast aspersions on the
Assembly. This could simply be a negative
manifestation of the process up here where we
don't have automatic conference committees, so
nobody is talking to each other. I mean, that
really could be the case.
5378
But this is so important, as are a
slew of other issues that we've already
discussed here -- clergy notification, SONDA,
mental health parity, a number of issues where
there have been bills passed, similar bills by
both houses, and we don't have any agreement.
Session is winding down, and I'm
just afraid we're not going to afford
protection in this area with victims and
potential victims of drunk drivers, and in so
many other areas, because nobody is talking to
each other.
If there are substantive
differences on these bills, that's a different
story. And then in that case I would urge the
Assembly to please take an action on this,
take an action on eliminating the statute of
limitations on felony offenses, doing some
other things. But if the problem, Mr.
President, is just nobody is talking to each
other, we need to remedy that.
So I'll be voting yes on this. I
commend Senator Maziarz, Senator Fuschillo,
Senator McGee and everybody else in the
Majority who has brought DWI/DWAI bills.
5379
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The debate is closed, then.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
473, by Senator Velella, Senate Print 6426, an
act to amend the Labor Law, in relation to
imposing liability.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
5380
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
885, by Senator Saland, Senate Print 7126, an
act to amend the Domestic Relations Law, in
relation to factors.
SENATOR PATERSON: Explanation.
SENATOR ESPADA: Lay it aside
temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1093, by the Assembly Committee on Rules,
Assembly Print Number 11111A, an act --
SENATOR ESPADA: Lay that bill
aside temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1094, by Senator Skelos, Senate Print 6635A,
an act to amend the Public Authorities Law, in
relation to authorizing.
SENATOR ESPADA: Lay that bill
aside temporarily, please.
ACTING PRESIDENT MEIER: Lay the
5381
bill aside temporarily.
THE SECRETARY: Calendar Number
1443, which was substituted earlier today by
Member of the Assembly Thiele, Assembly Print
Number 6502, an act to amend the Criminal
Procedure Law.
SENATOR PATERSON: Explanation.
SENATOR ESPADA: Lay it aside
temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1447, by Senator Lack, Senate Print 6100, an
act to amend the Public Authorities Law and
the Education Law, in relation to financing.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: I have some
questions for the sponsor.
SENATOR ESPADA: Lay that bill
aside temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1452, by Senator Rath, Senate Print 7458, an
5382
act to amend the Criminal Procedure Law, in
relation to designating as peace officers.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, Senator Paterson has requested an
explanation of Calendar 1452.
SENATOR RATH: The bill before us
at the moment is a simple addition of
enforcement powers for the dog control officer
in the Town of Clarence, expanding the
opportunity for this particular officer to
cite people who have been cruel to animals.
Right now they don't have that power to go
after someone who has gone into a cruelty
activity with animals.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Rath would yield for a question.
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for a question?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, is
5383
there any training that's necessary to be able
to distinguish what cruelty to animals is?
SENATOR RATH: Dog control
officers have fairly extensive training before
they become dog control officers.
The role that I'm speaking about
right now is one that has to be brought in by
a police officer. And the town has requested
this. It's sort of a semirural town and
the -- there was an incident with some horses
recently, and the dog control officer was not
able to go in and do this.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Rath would yield for another
question.
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Senator, we
know that police are trained in this kind of
area and can discharge that duty with -- as a
function.
But my question is, what training
5384
have peace officers that would make them
similarly able to make that distinction?
SENATOR RATH: The bill has to do
with the issuance of appearance tickets. And
so the kind of training that you might expect
if there was some sort of -- some other kinds
of circumstances that I think you may be
imagining, this is just simply for the
issuance of the appearance tickets.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I have one last question for Senator Rath.
ACTING PRESIDENT MEIER: Senator
Rath, do you yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: So what I
understand, Mr. President, is that this is
more of a process-serving in this case rather
than a decision that would actually be made
on-site.
SENATOR RATH: That's correct.
SENATOR PATERSON: Thank you.
5385
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 immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1453, by Senator Balboni, Senate Print 7547A,
an act in relation to allowing the Great Neck
Synagogue.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Balboni, Senator Paterson has requested an
explanation of Calendar 1453.
SENATOR BALBONI: The Dollinger
surrogate is here today asking for this bill?
This is going to be cutting-edge
legislation. The Great Neck synagogue is a
terrific, terrific institution. They
5386
purchased property in the Village of Great
Neck, in the Town of North Hempstead, at
25 Wooleys Lane in Great Neck. And this was
the -- this is the rabbi's residence.
The property, since it is used for
religious purposes, is tax-exempt. But under
current law, the status cannot be made
effective for the year in which the property
was purchased because the taxable date had
closed, the rolls were closed.
This bill would remedy an $1,800
hardship on behalf of the synagogue, which
provides an essential service to the community
I am privileged to represent.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Once again,
the tax assessor's virus raises its ugly head.
It started out, as you know, in Suffolk
County. It went to Nassau County, to
Brooklyn. Yesterday we saw an example of it
going to Westchester County. It's been all
the way up to Buffalo. And I stand alone in
this chamber fighting it time and time again.
(Laughter.)
5387
SENATOR PATERSON: Well, Senator
Balboni, once again your tax assessor's office
leads the state, the country, and who knows,
perhaps the free world, in giving these
benefits. I want a statewide bill, and I'm
not going to say it any further.
Thank you.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Will Senator
Dollinger yield for a question?
(Laughter.)
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Thank God. Read the last section.
(Laughter.)
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
5388
THE SECRETARY: Calendar Number
1455, by Senator Balboni, Senate Print 7595,
an act in relation to allowing.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Paterson, before he gives the explanation, who
are you now?
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested by
Senator Paterson.
SENATOR BALBONI: Mr. President,
I just have to comment at this point in time
that it is such a wonderful opportunity to
talk about the wonderful institutions in the
district that I represent. And so I'd like to
thank Senator whoever-you-are for allowing me
to discuss this.
The Chabad of Roslyn, which has
annual estimated taxes assessed against the
parcels of approximately $39,000 -- yeah, this
is kind of the same bill we've done before.
They purchased on April 6, 2001, the property
located at 75 Powerhouse Road to serve as a
house of worship. The property is eligible to
5389
receive and has received tax-exempt status,
but under current law the status cannot be
made effective for the tax year in which the
property was purchased because the tax rolls
had already been closed.
An identical situation with a
little bit of different hardship on this
wonderful institution. The tax liability
against the Chabad property is $7,592.88.
And therefore, this bill would
allow them to get what is appropriately theirs
because they are a religious institution;
namely, the ability to get relief for the
$7,500 that they paid in assessments.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Senator
Krueger, did you want to be heard on the bill?
SENATOR LIZ KRUEGER: I had a
question for the sponsor.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for a question?
5390
SENATOR BALBONI: Yes. Yes, I
do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: I'll be
Senator Krueger today, Senator Balboni.
So I've listened to this debate now
on any number of bills, and I am left with the
question, can't we address this for all of the
not-for-profits who buy property either in
your county or any other county through some
form of legislation that doesn't require you
to have to go through this piece by piece?
What am I missing?
Is there some mechanism we could
apply that would allow a not-for-profit that
buys midyear, after the tax rolls are closed,
to have that done just on a local level
without having to bring this to the
Legislature?
SENATOR BALBONI: Mr. President,
through you, some of the different
complications that arise in this issue is the
fact -- or stem from the fact that in Nassau
County it is a countywide assessment system,
5391
which is unique. And so therefore the ability
to do the tax rolls and to close as to the tax
date changes. It would be very difficult for
the county assessor's office to put into -- to
administer.
So they believe that one of the
ways that this is done appropriately is to
recognize, when you can't close by the taxable
date, that you go and you seek relief through
the Legislature.
Now, I know that Senator Dollinger
in particular has raised this issue as to why
we have to do it in a separate bill. But when
you consider the whole host of different
things that we do in this Legislature -- for
example, the alienation of park property. In
order to use a piece of park property for any
other purpose than a park purpose, you have to
do a separate piece of legislation, no matter
what the size of the parcel. And that's been
done time and time again.
In addition to which, there are a
whole host of other bills to provide for
individual relief on a whole slew of other
issues.
5392
So this is -- the process by which
we do this is not really that unique. I
understand the call for a system that would
work for the entire situation. But I also
understand there are some technical
difficulties relating to that proposal that is
not before us today that have caused it not to
go forward.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would continue top
yield, through you.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, Mr.
President, I do yield.
SENATOR LIZ KRUEGER: Thank you,
Senator.
I don't quite see the parallel with
parks, because I would argue that to give up
parkland -- because in my district, open space
is so rare and so valuable you would not want
to do an across-the-board if somebody -- if a
locality wants to sell parkland, that they
should be allowed to do so without speaking to
the Legislature, or to trade it off. But you
5393
used the analogy.
Is there any example where we said
no to a not-for-profit who, through a county,
asked for a retroactive tax exemption for the
year that they paid them in? Is there a
specific reason why we would actually say no
in any of these circumstances?
SENATOR BALBONI: Not that I know
of, except -- I'm sorry, Mr. President,
through you. By way of an answer, all I know
is that sometimes these bills don't make it
through. You know, the stamp of approval are
the votes in agreement on a particular
measure.
So if a bill doesn't come to the
floor or if it's not voted on, then of course
the approval is not given. And you could say
that that is a -- de facto, that is a
statement of objection or at least no
concurrence with the particular proposal.
Again, you know, the issue or my
analogy with the park property is really one
of process. I assure you that the alienation
of a piece of park property is very, very
important, and I agree that it should be
5394
handled in this way. But that's any size park
property. So if you're talking about the
introduction of a bill and the passage of a
bill that would affect things that you might
consider de minimis against the entire
legislative agenda, I would argue that this is
the same type of bill.
But nonetheless, for the people who
run the Chabad of Roslyn, for the people who
run the Great Neck Synagogue, it's an
important change in the technical correction.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
You're helping -- you're educating me.
So you're saying that we actually
do have bills that come up for specific
not-for-profit corporations where they don't
5395
come to the floor and therefore they don't get
addressed?
SENATOR BALBONI: Sometimes.
When I was in the Assembly -- I'm sorry, Mr.
President, through you. When I was in the
Assembly, that would happen, on occasion, that
I knew some of my bills did not get through.
Now, eventually they may have gotten there,
but there were technical questions that were
asked as to the process by which the closing
occurred, when -- what was the calculations on
behalf of the attorney. On much of what
Senator Dollinger raises.
You know, I mean, the scrutiny is
given to these proposals. And I'd just like
to point out that I don't believe any bill
that's ever been passed here has been passed
by any other vote than, you know, 59 to 1.
It's near unanimity in terms of the consent.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I want to thank Senator Balboni for
5396
the clarification, although I still find
myself confused about why we can't address the
technicalities and get this done statewide.
But in order to assure that the
vote remains something-to-1, I will vote no on
this today. Thank you.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Most of my
questions were asked by Senator Krueger. But
I'm concerned about the -- if the Senator will
yield for a couple of questions.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for a question?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: I'm concerned
about those institutions which don't have the
political muscle to get the measures passed.
Does that happen?
SENATOR BALBONI: Not in my
district.
SENATOR STAVISKY: I know, you
5397
have considerable political acumen as well
as --
SENATOR BALBONI: I don't mean to
be flip. I'm sorry, Mr. President.
By way of saying -- I meant to say
I don't know of any, because the ones in my
district have been pretty good at contacting
my office and working through the process.
And so therefore I don't know of any that have
not had the chance to get the relief.
SENATOR STAVISKY: My other
question really concerns the whole assessment
process in Nassau County. And it's my
understanding that there's been some criticism
of the assessment situation in Nassau County.
Do you anticipate any changes where
we might avoid some of these special measures?
SENATOR BALBONI: Well, in the
broader question of whether or not the
assessment system is fair, as you may well be
aware of, the County of Nassau is going
through a reevaluation --
SENATOR STAVISKY: That's why I
asked the question.
SENATOR BALBONI: -- and a
5398
reassessment at the same time. And it is
hoped that that effort will result in a much
fairer levy.
However, if you are a
not-for-profit -- and this is a point that I
made with Senator Dollinger. If you are a
not-for-profit, the level of sophistication
and appreciation for how government works
varies. You know, if you are a synagogue that
is well established and has perhaps a
sophisticated and -- perhaps has a lot of
members who are of the legal profession, then
the adherence to the criteria for applying for
a tax-exempt status should be relatively
easily done.
However, there are many religious
institutions who perhaps are not very well
established, and therefore their
sophistication will not be as good as the
well-established institutions.
Now, you could do the best
assessment system in the world, but when it
comes to the closing, if you don't do the
closing by before the date the rolls close,
you're going to be out of luck. And so
5399
ultimately you're still probably going to have
to come back to us.
However, we anticipate in this
session perhaps considering legislation to
address some of the inequities of the
assessment system as we go forward.
SENATOR STAVISKY: Thank you.
Mr. President, I'm going to vote
for this bill. But the reason I asked the
question of Senator Balboni concerned the
whole tax situation and the assessment
situation in the County of Nassau. I believe
there have been some court-imposed
requirements or encouragement to reassess its
whole assessment process.
I would hope that those smaller
institutions -- because that's the reason I'm
asking the question. I'm concerned not about
the Great Neck Synagogue, because they have
the background and the staff to properly
prepare the legislation or to work on it. But
what about the smaller institutions? I'm
concerned about them.
And I think that obviously they
need this measure, and I'm going to support
5400
it. But I think we have to look at the larger
picture of the whole assessment situation in
Nassau County.
Thank you, Mr. President.
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 immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Espada.
SENATOR ESPADA: Mr. President,
we'd like to announce an immediate meeting of
the Rules Committee in the Majority Conference
Room, please.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
5401
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1464, by Senator Lack, Senate Print 7641, an
act in relation to validating.
SENATOR ESPADA: May we lay that
bill aside temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Espada.
SENATOR ESPADA: Mr. President,
may we call up Bill Number 885, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 885.
THE SECRETARY: Calendar Number
885, by Senator Saland, Senate Print 7126, an
act to amend the Domestic Relations Law, in
relation to factors.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Paterson has requested an
explanation of Calendar 885.
SENATOR SALAND: Thank you, Mr.
President.
5402
Mr. President, as many of us in
this chamber are aware, over the course of the
past decade and perhaps going back even into
the 1980s, the issue of shared or joint
custody is one which has garnered ever more
attention.
What this bill proposes to do is to
deal with that issue in a fashion that's
consistent with the same manner in which we
dealt with the issue of custody here several
years ago, by effectively recognizing what the
courts have to date done, which is to
recognize that there is a right to shared or
joint custody and to enumerate those
circumstances under which it's appropriate,
without creating any presumption.
The law and the statute as it
stands now prefaces the language that would be
amending Section 240 of the Domestic Relations
Law, and that language reads: "In all cases,
there shall be no prima facie right to the
custody of the child in either parent."
What this bill basically does is it
says the court shall look to the totality of
the circumstances, provides guidelines and
5403
criteria for the court to consider in
determining whether there shall be an award of
joint custody, and enumerates what shall be
considered. And those things are the
demonstrated ability of the parents to
communicate and cooperate in the rearing of
their children.
The methods used are to be used by
the parents for resolving disputes regarding
major decisions concerning the life of child
and whether it would be beneficial or
detrimental to the child if one parent were to
have sole authority over the child's
upbringing.
These are factual determinations to
be made on a case-by-case basis, the court
effectively looking to the conduct of the
parents with respect to child rearing prior to
the circumstances which presented them to the
court in the midst of a matrimonial situation.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
5404
Paterson, on the bill.
SENATOR PATERSON: Senator
Saland, in his adroit way, as usual, of
anticipating what my concerns would have been,
has actually addressed it.
We just wanted to make sure that
there's not a presumption of joint custody
when we amend paragraph A of subdivision I of
Section 240 of the Domestic Relations Law.
The issue of joint custody can be a
workable and sensible solution to a divorce
proceeding or a custody proceeding when there
is a cooperation between the parents, when the
parents have a plan as to how they will
resolve disputes, particularly in terms of
major decision-making, and when there's a
history of the parents either cooperatively or
individually being able to structure the
arrangement such that they have that
child-rearing experience with this particular
child.
Many times the acrimony between the
parties is such that the sitting judge has no
other course but to find in favor of either of
the actual parties.
5405
I'm also happy that Senator Saland
notes that they do take into consideration the
issue of domestic violence, even though there
is no presumption caused by that either.
So with that reassurance, I'm sure
the bill will actually work very well and will
finally put the issue of joint custody into
the law where it wasn't before. And to be
honest with you, Mr. President, I didn't know
that it wasn't mentioned in the Domestic
Relations Law before.
Thank you.
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 immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane.
5406
SENATOR DUANE: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
1452.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 1452.
Senator Espada.
SENATOR ESPADA: Mr. President,
if we could return to reports of standing
committees, there's a Finance Committee report
at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the New York State
Energy Research and Development Authority,
George Akel, Jr., of Binghamton.
As a member of the board of
directors of the Great Lakes Protection Fund,
Michael J. Elmendorf, II, of Latham.
5407
As a banking member of the State
Banking Board, Alan Shamoon, of Great Neck.
As a public member of the State
Banking Board, Santa Albicocco, Esquire, of
Oyster Bay, and Frederick N. Antalek, of
Beacon.
As a member of the Administrative
Review Board for Professional Medical Conduct,
Therese G. Lynch, of Pittsford.
As a member of the Albany Pine Bush
Preserve Commission, Aaron Mair, of Albany.
As a member of the Lake George Park
Commission, Shauna M. Desantis, Esquire, of
Glens Falls.
As commissioner of the Ohio River
Valley Water Sanitation Commission, Thomas Lee
Servatius, of Fredonia.
As members of the Medical Advisory
Committee, David J. Cerniglia, D.C., of
Schenectady; Leon F. Nadrowski, M.D., of
Brooklyn; Robert A. Schwartz, M.D., of
Manlius; and Gavin Setzen, M.D., of
Slingerlands.
As members of the New York State
Environmental Facilities Corporation, Victoria
5408
S. Kennedy, of Fayetteville, and Lelia M.
Wood-Smith, Esquire, of Rye.
As a member of the Advisory Council
on Alcoholism and Substance Abuse Services,
Dan J. Davis, of Potsdam.
As members of the Continuing Care
Retirement Community Council, Robert M. Chur,
of Clarence, and Edward Charles Weeks, of
Buffalo.
As members of the Council on Human
Blood and Transfusion Services, Gloria M.
Rochester, of St. Albans, and David Lynn
Wuest, M.D., of New York City.
As a member of the State Council on
the Arts, Donald A. Capoccia, of New York
City.
As a member of the State Hospital
Review and Planning Council, Patricia
Donnelly, of East Syracuse.
As members of the Board of Visitors
of the Helen Hayes Hospital, Ann C.
O'Sullivan, of Stony Point, and Martin C.
Wortendyke, of Upper Nyack.
And as a member of the Board of
Visitors of the Kingsboro Psychiatric Center,
5409
Jose R. Carrillo, of Brooklyn.
ACTING PRESIDENT MEIER: Senator
Espada.
SENATOR ESPADA: May we move the
nominations, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. If it's appropriate, I
would just like to make a comment on one of
our appointees today.
ACTING PRESIDENT MEIER: Of
course.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
We have before us today, for a
member of the Board of Trustees of the City
University Construction Fund, in the person of
Philip A. Berry. Philip Berry is someone that
I worked with many years ago when he was with
the Urban League and I was doing community
organizing.
For his many years in corporate
America, particularly with Colgate-Palmolive,
he has grown into quite a stature of an
5410
individual. I am very excited about this
appointment today, and I am very pleased that
someone of such standing has been appointed by
our Mayor.
And I know that he is going to do a
tremendous job in that position. I am very
grateful to support his and all of the other
nominations before us this morning.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
nominees. All those --
SENATOR LACHMAN: All the
nominees together?
ACTING PRESIDENT MEIER: No. The
first four will be taken up separately. Those
beginning on the sheet with members of the New
York State Energy Research and Development
Authority are taken as group.
The question is on the confirmation
of the --
SENATOR STAVISKY: Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: I have a
question.
5411
ACTING PRESIDENT MEIER: What's
your question, Senator?
SENATOR STAVISKY: My question is
this. I see we have a commissioner of the
Ohio River Valley Water Sanitation Commission.
And if my geography is correct, the Ohio River
runs through Pittsburgh, Pennsylvania. And I
was wondering why -- it's formed by the
confluence of the Monongahela and the
Susquehanna, I believe.
ACTING PRESIDENT MEIER: Senator,
it's because the watershed of the Ohio River
begins in the Allegheny Mountains, which are
located in Senator McGee's district.
SENATOR STAVISKY: Ah. Thank you
very much.
ACTING PRESIDENT MEIER: Not at
all. And may I say my seventh-grade geography
teacher would be so proud of me.
(Laughter.)
ACTING PRESIDENT MEIER: The
question is on the nomination of the
above-named nominees. All those in favor
signify by saying aye.
(Response of "Aye.")
5412
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
Senator Espada.
SENATOR ESPADA: Mr. President,
we move to go to the report of the Rules
Committee that is at the desk.
ACTING PRESIDENT MEIER: Senator,
I'm sorry, I see Senator Smith standing. May
I recognize him first, and then we'll go to
the report of the Rules Committee.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Thank
you, Mr. President. I just wanted to speak on
the nomination of Gloria Rochester, who is a
member of the Council on Human Blood and
Transfusion Services.
ACTING PRESIDENT MEIER: We've
completed that item. But if you wish to ask
for unanimous consent, without objection,
you're recognized for that purpose, yes.
SENATOR MALCOLM SMITH: Thank you
very much. I would like that unanimous
5413
consent.
And just on the nominee, Ms.
Rochester. She is someone who lives within
the district and one who is getting
reappointed, has served very well in the past.
I'm delighted that the Governor chose to
reappoint her.
I myself have a Sickle Cell
Advisory Group within my office, and her
involvement with that is one that I look
forward to.
Thank you very much.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3261, by Senator
LaValle, an act to amend the Criminal
Procedure Law;
3534B, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
5011B, by Senator LaValle, an act
5414
to amend the Environmental Conservation Law;
5668A, by Senator Hassell-Thompson,
an act to authorize;
6233C, by Senator Marcellino, an
act to amend the Environmental Conservation
Law;
6787, by Senator Wright, an act in
relation;
6817, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
6995A, by Senator Hannon, an act to
amend the Public Health Law;
7423A, by Senator Volker, an act to
amend the Criminal Procedure Law;
7469, by Senator Spano, an act to
amend the Election Law;
7507, by Senator Maltese, an act to
amend the Retirement and Social Security Law;
7546, by Senator Wright, an act to
amend the Alcoholic Beverage Control Law;
7580, by the Senate Committee on
Rules, an act to amend the Civil Service Law;
7627, by Senator McGee, an act to
amend Chapter 312 of the laws of 1994;
7635, by Senator Volker, an act to
5415
amend the Public Authorities Law;
7643, by Senator Kuhl, an act to
amend the Education Law;
7655, by Senator Saland, an act in
relation;
7659, by Senator Bonacic, an act to
amend the Transportation Law;
7695, by Senator Johnson, an act to
amend the Environmental Conservation Law;
And Senate Print 7696, by Senator
Meier, an act to amend the Social Services
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Espada.
SENATOR ESPADA: Mr. President,
we move to accept the report of the Rules
Committee, please.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
5416
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Espada.
SENATOR ESPADA: Mr. President,
are there any substitutions at this time?
ACTING PRESIDENT MEIER: Yes, we
have some substitutions. Would you like us to
do them now?
SENATOR ESPADA: We would love
that.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 61,
Senator Maziarz moves to discharge, from the
Committee on Rules, Assembly Bill Number
10731A and substitute it for the identical
Senate Print Number 6721A, Third Reading
Calendar 829.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I
would request unanimous consent to be recorded
in the negative on Calendar 973, Senate Print
5417
1128.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 973.
Senator Espada.
SENATOR ESPADA: Mr. President,
if we could have the noncontroversial reading
of the Supplemental Calendar Number 54A at
this time, please.
ACTING PRESIDENT MEIER:
Supplemental Calendar 54A. The Secretary will
read the noncontroversial calendar.
THE SECRETARY: In relation to
Calendar Number 1474, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6504, and --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Senator,
we've got to get the substitution done.
Go ahead.
THE SECRETARY: -- and substitute
it for the identical Senate Bill Number 3261,
Third Reading Calendar 1474.
ACTING PRESIDENT MEIER:
Substitution ordered.
5418
The Secretary will read.
THE SECRETARY: Calendar Number
1474 --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: The bill
is laid aside.
THE SECRETARY: Calendar Number
1475, by Senator Volker, Senate Print 3534B,
an act to amend the Civil Practice Law and
Rules, in relation to evidence.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1476, by Senator LaValle, Senate Print 5011B,
an act to amend the Environmental Conservation
Law, in relation to enacting.
ACTING PRESIDENT MEIER: Read the
5419
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1477, Senator Hassell-Thompson
moves to discharge, from the Committee on
Local Government, Assembly Print Number 7128B
and substitute it for the identical Senate
Print Number 5668A, Third Reading Calendar
1477.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1477, by Member of the Assembly Pretlow,
Assembly Print Number 7128B, an act to
authorize Bethel Temple, Incorporated.
ACTING PRESIDENT MEIER: Read the
last section.
5420
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The
chair is constrained to note that it's not
only Senator Balboni who's got clout.
The bill is passed.
(Laughter.)
THE SECRETARY: Calendar Number
1478, by Senator Marcellino, Senate Print
6233C --
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1479, by Senator Wright, Senate Print 6787, an
act in relation to granting certain retirement
benefits.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
5421
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1480, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Print Number 11567 and substitute it
for the identical Senate Print Number 6817,
Third Reading Calendar 1480.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1480, by the Assembly Committee on Rules,
Assembly Print Number 11567, an act to amend
the Civil Practice Law and Rules.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5422
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1483, by Senator Spano, Senate Print 7469 --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1484, by Senator Maltese, Senate Print 7507,
an act to amend the Retirement and Social
Security Law, in relation to clarifying.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
5423
is passed.
THE SECRETARY: Calendar Number
1485, by Senator Wright, Senate Print 7546, an
act to amend the Alcoholic Beverage Control
Law, in relation to sale of alcoholic
beverages.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1486, by the Senate Committee on Rules, Senate
Print Number 7580, an act to amend the Civil
Service Law, in relation to leaves of absence.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5424
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1487, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Print Number 11614 and substitute it
for the identical Senate Print Number 7627,
Third Reading Calendar 1487.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1487, by the Assembly Committee on Rules,
Assembly Print Number 11614, an act to amend
Chapter 312 of the Laws of 1994.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5425
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1489, by Senator Kuhl, Senate Print 7643, an
act to amend the Education Law, in relation to
the provision of supplemental educational
services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Espada, that completes the
noncontroversial reading of Supplemental
Calendar 54A.
SENATOR ESPADA: Mr. President,
may we now take up the controversial reading
of Supplemental Calendar 54A, please.
ACTING PRESIDENT MEIER: The
5426
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
1474, substituted earlier today by Member of
the Assembly Thiele, Assembly Print Number
6504, an act to amend the Criminal Procedure
Law, in relation to peace officer status.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1478, by Senator Marcellino, Senate Print
6233C, an act to amend the Environmental
Conservation Law, in relation to the use and
recycling of elemental mercury.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Marcellino, Senator Paterson has requested an
5427
explanation of Calendar 1478.
SENATOR MARCELLINO: Thank you,
Mr. President.
This bill requires a ban on
elemental mercury in dental offices and
requires the recycling of dental amalgam, of
which 50 percent is mercury.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
would Senator Marcellino yield for a question?
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield for a question?
SENATOR MARCELLINO: Yes. If
you're sure that's Mr. Paterson.
ACTING PRESIDENT MEIER: I think
so.
The sponsor yields.
SENATOR PATERSON: Senator, is
there a burden that will be placed on
dentists, or do any of the dental associations
have a comment on this bill before you --
SENATOR MARCELLINO: Senator
Paterson, this bill came to us from the Dental
Association. And the members feel that this
5428
is an important step and they're willing to
take on whatever additional burden it may
require.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: I've always
had a concern that mercury, by law, has to be
kept separate from everything else in a
dentist's office. It has its own place that
it has to be kept in. So the only two places
that it can be kept in are in that place and
in your mouth.
So when you think about it, mercury
is an extremely lethal substance at particular
times. And the recognition of the Dental
Society and Senator Marcellino that this is
serious and there is a need to recycle it is
very important.
There are those -- it's not the
majority opinion, but there are those who
believe that mercury, even contained in
5429
fillings, often leaks and that that seepage
causes a number of different reactions to the
individual.
So whether or not that's true, the
fact is that it is not nearly as safe as the
consumer probably thinks. And the fact that
it's relegated to that separate portion in a
dentist's office really enhances the notion
for which this bill was sponsored.
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 on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1483, by Senator Spano, Senate Print 7469, an
act to amend the Election Law, in relation to
receipt.
5430
SENATOR PATERSON: Explanation.
SENATOR KUHL: Lay the bill aside
temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Kuhl.
SENATOR KUHL: Can we return to
the regular calendar, the first calendar. And
would you call up Calendar Number 1443, by
Senator LaValle.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1443.
THE SECRETARY: Calendar Number
1443, substituted earlier today by Member of
the Assembly Thiele, Assembly Print Number
6502, an act to amend the Criminal Procedure
Law, in relation to peace officer status.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
5431
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. With unanimous consent, I would
like the record to reflect that had I been in
the chamber yesterday, when the following
votes were taken, I would have voted in the
negative on Calendar 930, Senate Print 1778;
Calendar 1323, Senate Print 6155A; and
Calendar 1372, Senate Print 2893C.
Thank you.
ACTING PRESIDENT MEIER: The
record will so reflect.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
1474.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 1474.
Senator Kuhl.
5432
SENATOR KUHL: Yes, Mr.
President. We now have senators to debate the
bills.
Could we call up, on the regular
calendar list, Calendar 1464, by Senator Lack.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1464.
THE SECRETARY: Calendar Number
1464, by Senator Lack, Senate Print 7641, an
act in relation to validating certain
marriages.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Explanation,
please.
SENATOR KUHL: Lay that bill
aside temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
SENATOR KUHL: And now, on the
Supplemental Calendar 54A, could you call up
Calendar 1483, by Senator Spano.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1483.
THE SECRETARY: Calendar Number
5433
1483, by Senator Spano, Senate Print 7469, an
act to amend the Election Law.
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT MEIER: Senator
Spano, Senator Liz Krueger has requested an
explanation.
SENATOR SPANO: Yes, Mr.
President. This bill amends the Election Law.
Under current law, a person can walk into the
Board of Elections, request absentee ballots
of the Board of Elections representative, and
walk out with those absentee ballots.
What we're doing with this proposal
is to require that an applicant walking in,
taking delivery of those absentee ballots,
would in fact have to provide identification
to the Board of Elections and would have to a
receipt acknowledging the fact that those
absentee ballots were in fact delivered to
that person.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
5434
would yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
In your explanation you mention
that they walk in to get absentee ballots. My
understanding is you have to first file an
application to receive an absentee ballot. So
in which step of the process are people coming
in on behalf of others to get absentee
ballots?
SENATOR SPANO: We would not
change the current provisions of the law with
respect to the absentee ballot application.
But what happens, there are times when a
person might collect a series or a number of
absentee ballot applications, walk in with
those applications signed, walk into the Board
of Elections and say: "Here are ten of them,
I need ten of these ballots."
What then would happen under this
5435
change would be the Board of Elections would
require, of the person showing up with those
absentee ballot applications, proper
identification, and then they would have to
sign a certification or a receipt
acknowledging that they took them. That's the
only change.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Spano, is this change
necessary based on something that's happened,
or is this a proactive effort? Does it imply
some kind of fraud in the past?
SENATOR SPANO: As a part of the
Senate Task Force on Voter Fraud and as a part
of the Governor's task force, which was a
bipartisan task force, we conducted hearings
across the state. There were a number of
5436
recommendations that were made to the task
force relative to tightening up provisions of
the Election Law. This is just one of those
recommendations that I happen to sponsor that
we're dealing with today.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if the sponsor would
continue to yield, through you.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Usually one voter is dealing with
their own vote. So while they might choose to
come in to get the ballot themselves after
filing the application or because perhaps of
timeliness -- they needed an absentee ballot
because they were leaving the country on an
airplane or they were homebound but asked
someone in their family to go and get the
ballot for them -- why would we find a
circumstance where somebody would come in and
5437
request groups of ballots? That certainly
raises a red flag to me that somebody would be
serving as agent for many voters.
SENATOR SPANO: There are --
normally -- you're correct, Senator. You have
individuals walking in to pick up an absentee
ballot because they're out of the country or
out of the jurisdiction for that particular
election.
But there are cases where -- and we
have seen this in different areas of the
state, where individuals have come in -- for
instance, a public employee union may send a
letter out to their employees saying "If
you're going to be out of the jurisdiction on
the date of election and you'd like to vote by
absentee ballot, please send us this absentee
ballot application, we'll pick them all up for
you."
As a result of that action, now
that representative walking in with those
absentee ballot applications would have to
show ID, just so that there is a recourse. If
there is some question about those absentee
ballots in the future, there is a record of
5438
who picked up that absentee ballot, what type
of ID have they shown, and showing a receipt
of the fact that they have in fact picked it
up.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's clarification for
me.
I think it's very important that we
do everything we can to protect the -- I don't
know, almost the religious right and security
of every individual to be able to vote, to use
the absentee ballot process, and also to
protect against illegal use of absentee
ballots, particularly the concern about fraud
or bulk sending in of ballots on behalf of
individuals.
So I'm glad to support this bill.
I appreciate the clarification. And I hope
that we don't find ourselves in situations in
the future in New York State where we actually
do have absentee ballot fraud issues. And
5439
this might help to address or redress that
problem.
I'll be voting yes. Thank you.
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 on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. May we now return to the order of
motions and resolutions. And I ask that the
sponsor's star on Calendar 970 be removed.
ACTING PRESIDENT MEIER: Motions
and resolutions.
And the sponsor's star will be
removed from Calendar 970.
5440
Senator Kuhl.
SENATOR KUHL: Yes. Now, Mr.
President, can you call up Calendar Number
1464 on the regular calendar, Calendar 54, by
Senator Lack.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1464 on the
regular calendar.
THE SECRETARY: Calendar Number
1464, by Senator Lack, Senate Print 7641, an
act in relation to validating certain
marriages.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Now will you call up Calendar
5441
Number 1447, again on Calendar 54, by Senator
Lack.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1447 on the
regular calendar.
THE SECRETARY: Calendar Number
1447, by Senator Lack, Senate Print 6100, an
act to amend the Public Authorities Law and
the Education Law, in relation to financing.
ACTING PRESIDENT MEIER: Senator
Stavisky, are you asking to speak on the bill
or do you have a question?
SENATOR STAVISKY: I have a
couple of questions for the sponsor.
ACTING PRESIDENT MEIER: Senator
Lack, do you yield for some questions from
Senator Stavisky?
SENATOR LACK: Of course.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR STAVISKY: Through you,
Mr. President. On page 1, the last four lines
or so, they use the phrase "including but not
limited to provisions relating to the
maintenance and administration of the campus
5442
recreation center."
Mr. President, I would like to know
what that would entail. It's a rather elastic
clause.
SENATOR LACK: Yes, Mr.
President. That's a standard boilerplate
that's in all such agreements in order to
utilize the Dormitory Authority. It does not
mean that it's going to be outside employment
or anything else. It's just the standard
language that's always used. And invariably
it will be the same type of collective
bargaining employment that always goes on.
The only exception I know of, Mr.
President, when it comes to the Stony Brook
campus was a facility that was built a couple
of years ago in which there was some
non-collective-bargain, shall we say,
maintenance that took place. And I think,
after they saw how the maintenance took place,
is it became collectively bargained
maintenance and it was part of the facility.
Stony Brook in particular, Mr.
President, as a university, a little over a
decade ago was the first campus in the state
5443
university system -- and that was when I
chaired the Senate Labor Committee, prior to
my colleague sitting next to me, Senator
Spano -- which enacted an agreement which
later became known as project labor agreements
that any work done on campus, whether it's
internal work on a routine basis, such as
maintenance or construction or anything else,
be done in a unionized setting. And that has
always worked well at Stony Brook.
Somewhat as an aside, Mr.
President, I think part of that resulted when
the then Stony Brook president had some
construction done in his office and went to
flush his toilet and the lights went on. And
it was done by nonunionized help. It was not
too difficult thereafter to get what now
amounts to a project labor agreement.
SENATOR STAVISKY: Mr. President,
pursuing the point that Senator Lack just
made, if I may ask him, through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Lack, do you continue to yield?
SENATOR LACK: Yes.
5444
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Then wouldn't
it be desirable to put that language into the
bill?
SENATOR LACK: I'm sorry, Mr.
President. What language?
SENATOR STAVISKY: The language
you just said about a collectivized --
SENATOR LACK: I don't have any
problem with it. But you can't do that and
deal with the Dormitory Authority and do the
type of funding that we want to do here and
keep the mandatory student fee, which the
students voted for that they would have. I
mean, you would have to fund it outside the
Dormitory Authority, and that would vastly
increase the cost.
There is no practical difference,
when it comes down to it. Nothing happened to
Stony Brook that doesn't happen in the type of
context, Mr. President, that both I and I
think Senator Stavisky would certainly like to
see.
SENATOR STAVISKY: Mr. President,
5445
if the Senator would continue to yield.
ACTING PRESIDENT MEIER: Senator
Lack, do you continue to yield?
SENATOR LACK: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: On page 2 of
the bill, lines 7, 8 and 9, it talks about
"notwithstanding the provisions of the Public
Lands Law or any other law." Is this going to
infect -- infect? I'm still listening to
Balboni. Is this going to affect any zoning
changes? I assume not, but any environmental
changes?
SENATOR LACK: No, Mr. President.
And, Senator, you're quite correct to point
that out.
Again, it's another boilerplate
requirement that has to do with the bidding
process that's in there. It will affect
absolutely no zoning change. It never has.
It's been contained in all such language on
all such bills that we've done in the 24 years
that I've been in this legislative body, and I
assume it will be in for the next however many
5446
years that you and everybody else is here.
SENATOR STAVISKY: Mr. President,
a couple more questions, if the Senator would
yield.
SENATOR LACK: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR STAVISKY: On line 15 it
talks about -- lines 15 and 16 it talks about
the lack of public bids. It seems to me that
the public bidding always has a good effect.
SENATOR LACK: Again, Mr.
President, that is an agreement between two
state agencies, and that's the way it's
governed.
And once again, Mr. President, I
wish I could say I'm the author of such
language. I mean, all this language is taken
from legislation that's been passed time and
time again and signed into law by every
governor in anybody's memory.
I wish we didn't have to do some of
this. But if we didn't have to do some of
this, we wouldn't be able to do what we'd like
to do in order to get this rec center built.
5447
You're quite right, Mr. President,
the Senator is, in terms of having read this
line by line and saying what do we have this
for. This is why we have it. Could it be
changed? Yeah. But then we couldn't utilize
those resources of the state that's necessary
to utilize to do the rec center.
SENATOR STAVISKY: And my last
question.
ACTING PRESIDENT MEIER: Senator
Lack, do you continue to yield?
SENATOR LACK: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Are there any
similar situations throughout the SUNY
system -- or CUNY, for that matter -- that you
can think of?
SENATOR LACK: No, Mr. President,
this is a -- and why I don't mind going
through this, Mr. President, this is a case of
first impression for the State of New York to
build this kind of rec center.
However, student-fee-supported
recreation centers at public universities are
5448
well known throughout the United States. Mr.
President, just to give Senator Stavisky some
examples, the University of Maryland,
University of Miami, University of Florida,
University of Houston, University of
Tennessee, University of Michigan, University
of Wisconsin, University of Connecticut are
some of the major state universities in a list
of over 35 or so, Mr. President, that I have
here who have done identical situations to
have student-fee-supported recreation centers.
And I should mention that this is
here and I am discussing it as the elected
state representative that includes the Stony
Brook campus as a result of a plebiscite and a
referendum that took place on the Stony Brook
University campus in the year 2000 and which
passed by an overwhelming majority of the
students, who wanted the imposition of a
mandatory $75 fee in order to bring this
about.
So this is nothing whatsoever that
I or any of my colleagues are trying to impose
upon the state university, or that a
university administrator thought, Hey, this is
5449
a nice idea now to have on the campus. This
came from the students. The students have
been totally informed, are part of it, and are
more than willing to participate in it. And
we quite frankly are nothing more than the
facilitation agents.
And I'm very happy to thank for all
his good and very hard work the chair of the
Senate Higher Education Committee, Senator
LaValle, who has been trying for two years now
to push this through and get it passed. And
hopefully this will lead to fruition and it
will be as much his accomplishment, certainly,
as it is mine.
I'm just the sponsor because it's
in my district. Actually, Senator LaValle
lives closer to the proposed building than I
do and I would think probably would be an
eager participant in the resources that it
would offer.
SENATOR STAVISKY: Mr. President,
Senator Lack's response leads me to two other
questions. Very briefly.
ACTING PRESIDENT MEIER: Senator
Lack, do you continue to yield?
5450
SENATOR LACK: Ah, mistakes I've
made.
Go right ahead.
SENATOR STAVISKY: You mentioned
the student fees. Is the facility going to be
open to other people as well as students, such
as either the community or retired people or
those who may not be students, full-time
students at the university. But would they be
able to participate in some of the activities?
SENATOR LACK: I've asked that
question of the university officials, Senator,
and the answer is no, none of that is
intended.
There would certainly -- it would
certainly be open to the staff and the faculty
at the university upon payment of fees. But
to bring it out to the community, no. In
effect, the university would be competing with
private enterprise by doing so.
And it's not that type of facility.
When you consider the size of Stony Brook, the
size of this facility, add on staff,
employees, and faculty, it's not that kind of
facility that would open itself to the much
5451
larger community. And in fact, Stony Brook
has no intention whatsoever of going into
private business.
SENATOR STAVISKY: Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Through you,
Mr. President, I recall a bill before the
Higher Education Committee earlier this year
which I believe dealt with Stony Brook and did
not have provisions for public bidding in it.
I believe we reported the bill out of
committee. And I wonder whether this has
anything to do with that legislation.
SENATOR LACK: That's the West
Campus Village land lease bill. And no, this
has nothing -- they're two different bills.
And while we had similar
conversations, Mr. President, Senator Stavisky
and I, they would have nothing whatsoever to
do with each other. Other than the fact that
they're both at Stony Brook.
SENATOR STAVISKY: Thank you.
And I thank the Senator for his candid
answers.
5452
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you, Mr.
President. Very briefly on the bill.
First, I'd like to compliment
Senator Lack for his diligence and hard
working in bringing this forward because, as
he has indicated, this will be legislation of
first impression that I think will be
replicated in other parts of the state.
And the reason for that, one of the
central reasons is that places like Stony
Brook -- it could be Albany, Buffalo, or
Binghamton -- are universities that have peer
institutions that they're in competition with,
institutions across the country that do have
and provide for their students rec centers.
And so if any of our four university centers
are to compete with peer institutions across
the country, they must be competitive and
provide for their students the kinds of things
that other institutions are.
The last thing is -- and Senator
Lack talked about this -- Stony Brook and the
presidents and provosts and faculty have
5453
always been union-sensitive to union needs.
And things have been worked out constantly
throughout as long as I can remember to
accommodate and be sensitive to issues of
prevailing wage, et cetera. And Senator Lack
talked about that. And he's very
knowledgeable, as being the former chair of
the Labor Committee.
So I hope this body can
enthusiastically support this legislation.
And I believe it will help Stony Brook compete
for some of those excellent students across
the country that are trying to make a decision
whether to attend Stony Brook or some other
university in another part of our country.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Debate is closed, then.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5454
ACTING PRESIDENT MEIER: Senator
Stavisky, to explain her vote.
SENATOR STAVISKY: Mr. President,
to explain my vote.
With Senator Lack and Senator
LaValle's assurances that union commitments
such as prevailing wage will be met, I'm
delighted to support this bill. Thank you.
ACTING PRESIDENT MEIER: Senator
Stavisky will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Mr. President,
with unanimous consent could you call up
Calendar Number 970, on regular Calendar 54,
please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 970.
THE SECRETARY: Calendar Number
970, by Senator Kuhl, Senate Print 6332A, an
act to amend the General Business Law.
ACTING PRESIDENT MEIER: Read the
5455
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Now may we return to the reports
of standing committees. I believe there's a
report from the Finance Committee at the desk.
Could we ask the Secretary to read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the Board of
Trustees of the City University of New York,
Valerie Lancaster Beal, of Park Slope.
5456
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Mr. President,
I rise to move the nomination of Valerie
Lancaster Beal.
Ms. Beal met with the Higher
Education Committee, answered all the
questions that the committee asked, later
appeared before the Finance Committee.
I must say that she brings a very,
very rich experience in finance to this
position and I think will be a very, very rich
resource to the CUNY board.
So I move the nomination, Mr.
President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Valerie
Lancaster Beal as a member of the Board of
Trustees of the City University of New York.
I'm sorry. Senator Lachman.
SENATOR LACHMAN: Yes, I just
wanted to say a few words regarding the
nomination of Valerie Lancaster Beal.
She's obviously a very outstanding
individual, which was shown in both the Higher
5457
Education and the Finance Committee. She has
an excellent background. She is filling the
shoes of a man who is retiring, John Morning,
who in my opinion was one of the most
outstanding members of the CUNY Board of
Trustees, and also a gubernatorial
appointment.
She's learning the mission of the
university, and I just don't want her to
forget the important thing about the
university that helps students tremendously is
a permanent faculty. And there is a faculty
imbalance between full-time and part-time
faculty at the CUNY campuses which is not only
lower than the private colleges and
universities but also lower than the State
University of New York.
So I do hope that she'll
concentrate on that area among other areas,
along with the mission that Chancellor
Goldstein has provided since he arrived at
CUNY.
I will support this nominee.
ACTING PRESIDENT MEIER: Senator
Andrews.
5458
SENATOR ANDREWS: Yes, Mr.
President.
I rise to support the nomination of
Ms. Beal. Ms. Beal is eminently qualified for
the position and also happens to be a
constituent from my district. And I wish her
much success in this new appointment.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
nominee. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Ms. Lancaster Beal is with us today
in the gallery.
We congratulate you and wish you
well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
5459
the Board of Trustees of the City University
of New York, Carol A. Robles-Roman, of the
Bronx.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Mr. President,
I rise to move the nomination of Carol
Robles-Roman, who spoke very eloquently this
morning before the Higher Education Committee,
is an attorney, has rich experience in many
aspects of municipal law, and showed a
knowledge also through visitations of many of
the campuses of the City University.
And I know she will also, in
joining Ms. Beal, be a very rich and good
addition to the CUNY board. I move the
nomination.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
I rise not only in support of Valerie
Lancaster Beal and Carol Robles-Roman but to
comment on the quality of these appointments.
I think that they show tremendous promise.
However, and despite the fact that
5460
they both have very, very impressive
backgrounds, I am troubled by the appointment
of a deputy mayor to the CUNY board. And I am
certainly not referring to this particular
appointment, because I think she answered the
question of accountability perfectly.
However, we may not always have a
Mayor Bloomberg, and it seems to me we perhaps
want to look at whether the mayor ought to be
or have a representative of the mayor as an ex
officio member of the CUNY board. Because I
think there is the potential problem -- that
certainly does not exist, in my judgment, with
the current candidate, but this could be a
problem for the future.
As I said, I think these are two
very, very impressive appointees, and I'm
delighted to support their nominations.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Yes, I was also
very much impressed by Carol Robles-Roman's
resume as well as her past activities, working
both for Democrats and Republicans -- probably
5461
more Democrats than Republicans -- and also in
the communal field. She appears to be one of
the most outstanding nominees to come before
the Finance Committee and the Higher Education
Committee.
But I would like to echo something
that Senator Stavisky just mentioned. I think
that this appointee will not be influenced by
anyone except what she thinks is correct and
right, and I don't think that this mayor will
in any way damage that integrity.
However, this mayor a week ago had
passed in this chamber, with my support, a new
educational governance bill. And in this new
educational governance bill it reads "no board
member may be an employee of the city or the
board." Now, if this is good for the Board of
Education, it should be equally good for the
City University of New York.
And luckily, this bill sunsets in a
few years. And perhaps we could also add a
provision dealing with CUNY or a separate bill
dealing with CUNY in the future where the
mayor's basic philosophy that no board member,
meaning Board of Education member, may be an
5462
employee of the city or the board shall also
impact upon appointees to the CUNY board of
education -- board of higher education.
However, this is an outstanding
appointment. It's a mayor who acts in a
manner that makes me believe that he will not
in any way influence this appointee. And this
appointee should be doing an outstanding job
as soon as possible.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Carol A.
Robles-Roman as a member of the CUNY Board of
Trustees. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Ms. Robles-Roman is with us today
in the gallery.
We congratulate you and wish you
well with your duties.
5463
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Board of Trustees of the City University
Construction Fund, Philip A. Berry, of
New York City.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Mr. President,
I rise to move Philip A. Berry's nomination to
the CUNY Construction Fund.
Mr. Berry has over 25 years of
expertise in all areas of human resources. If
you saw his vitae, it is quite impressive in
terms of positions that he has held in dealing
with corporations all over the globe.
It is that experience, I think,
that will be very enriching to the
Construction Fund board, and I am pleased to
move the nomination, Mr. President.
ACTING PRESIDENT MEIER: The
question, then, is on the confirmation of
Philip A. Berry as a member of the Board of
Trustees of the City University Construction
5464
Fund. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Berry is with us today in the
gallery.
And, Mr. Berry, congratulations and
good wishes to you.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Lewis Thomas Howard, of
Amityville.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Mr. President,
I'm going to yield to Senator Johnson to move
the nomination.
ACTING PRESIDENT MEIER: Senator
5465
Johnson.
SENATOR STAFFORD: Excuse me, Mr.
President. I know Senator Johnson won't mind.
As the nominees leave, I just want
to say -- just want to say what a fine group
of nominees appeared before the Senate Finance
Committee today. And we certainly wish them
all well, and we're fortunate to have them
serving us.
Senator Johnson, you and I go back
so far, I know you don't mind my mentioning
that. And I yield to you with all of the
humility within my command. Which sometimes
isn't too much, but --
SENATOR JOHNSON: That's a
wonderful expression of your appreciation for
the work which your committee has done,
Senator. Thank you.
Mr. President, I rise to move the
nomination of Louis T. Howard as a trustee of
the State University of New York to succeed
himself. He's served five years so far in a
very distinguished capacity.
He's an outstanding person I've
known my entire life. He's been a public
5466
school teacher, he's been a college professor,
he's been a SUNY trustee now, he's been a
newspaper publisher, an author of books. He's
an aviator, he's done everything. And he's
done an outstanding job.
In fact, when he was a football
coach in high school he had the most winning
team seven years in a row, taking
championships, earning -- his record has never
been surpassed.
And he knows an awful lot about
higher education because he's been a part of
it for so many years. I think the --
certainly the entire board of the SUNY
trustees appreciate his expertise and the
contributions made.
And I'm pleased to advance him for
a term to succeed himself. Thank you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Louis
Thomas Howard as a member of the Board of
Trustees of the State University of New York.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
5467
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Are there some substitutions to be
made at the desk?
ACTING PRESIDENT MEIER: Yes,
there are. Should we do those now?
SENATOR KUHL: Could you make the
substitutions at the present time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 5,
Senator DeFrancisco moves to discharge, from
the Committee on Rules, Assembly Bill Number
7426A and substitute it for the identical
Senate Bill Number 439A, Third Reading
Calendar 47.
On page 8, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4945C and substitute it
for the identical Senate Bill Number 2591C,
Third Reading Calendar 160.
5468
On page 10, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8600 and substitute it
for the identical Senate Bill Number 3764,
Third Reading Calendar 225.
On page 12, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2697 and substitute it
for the identical Senate Bill Number 1508,
Third Reading Calendar 296.
On page 16, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8919 and substitute it
for the identical Senate Bill Number 3292A,
Third Reading Calendar 413.
On page 22, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10266 and substitute it
for the identical Senate Bill Number 6435,
Third Reading Calendar 578.
On page 25, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 3948D and substitute it
for the identical Senate Bill Number 4089C,
Third Reading Calendar 659.
5469
On page 28, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9934A and substitute it
for the identical Senate Bill Number 6324A,
Third Reading Calendar 733.
On page 28, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6122 and substitute it
for the identical Senate Print Number 3062,
Third Reading Calendar 747.
On page 53, Senator Stafford moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11437 and substitute it
for the identical Senate Bill Number 7407,
Third Reading Calendar 1264.
And on page 54, Senator Saland
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10112A and
substitute it for the identical Senate Print
Number 7514, Third Reading Calendar 1343.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Would you now recognize Senator
5470
Dollinger for the purpose of changing some
votes.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, I understand earlier Senator
Paterson did an apt imitation of me. But
here's the real thing.
I'd ask for unanimous consent to be
recorded in the negative on Calendar 1403,
1453, 1455, and 1477. They're all part of the
continuing contagion of late-filed property
tax exemptions, Mr. President.
SENATOR KUHL: No objection.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendars 1403, 1453, 1455,
and 1477.
Senator Kuhl.
SENATOR KUHL: Is there some
housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
some motions to do, Senator.
SENATOR KUHL: Could we return to
the order of motions and resolutions and take
5471
up those motions at the current time.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: I might say,
Mr. President, as a preface, we should bring
back Senator Paterson.
(Laughter.)
SENATOR MARCELLINO: On behalf of
Senator Kuhl, on page 56 I now offer the
following amendments to Calendar Number 1432,
Senate Print Number 7527A, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
SENATOR MARCELLINO: Mr.
President, I wish to call up my bill, Print
Number 6076, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
5472
359, by Senator Marcellino, Senate Print 6076,
an act to amend the Public Health Law and the
State Finance Law.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR MARCELLINO: Thank you,
sir.
ACTING PRESIDENT MEIER: Thank
you, Senator.
Senator Kuhl.
SENATOR KUHL: Yes, Mr. Speaker.
5473
It seems that we've done most of the work on
the regular calendar at this point that's on
the active list and also that which is on the
supplemental list. We're in the process of
putting together another Rules calendar,
certainly, and another active list, but that's
going to take us a little time.
So to give ourselves time, and
looking to try to conclude the session
tomorrow -- and certainly we expect the
members who have bills on the calendars to be
in the chamber to debate those bills -- we
will stand at ease until 3:00 p.m. this
afternoon, when we will reconvene for the rest
of the work to try to conclude tomorrow.
ACTING PRESIDENT MEIER: The
Senate will stand at ease until 3:00 p.m.
today.
(Whereupon, the Senate stood at
ease at 2:02 p.m.)
(Whereupon, the Senate reconvened
at 3:09 p.m.)
ACTING PRESIDENT MEIER: Members
should be advised we're about ready to resume
session, and those who have bills on the
5474
calendar should come to the chamber.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could at this time go to Supplemental
Active List 1, noncontroversial.
ACTING PRESIDENT MEIER: In
regards to supplemental active list, the
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
55, by Senator McGee, Senate Print 1166, an
act to amend the Alcoholic Beverage Control
Law, in relation to mandatory license
revocation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
5475
THE SECRETARY: Calendar Number
99, by Member of the Assembly Destito,
Assembly Print Number 3116E, an act to amend
the Public Health Law, in relation to
regulating home medical equipment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
calendar month next succeeding.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
204, by Senator Hoffmann, Senate Print 4142A,
an act to amend the Agriculture and Markets
Law, in relation to New York State Cattle
Health Assurance Program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5476
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
719, by Senator LaValle, Senate Print 6645, an
act to authorize Christ Episcopal Church,
Village of Sag Harbor.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
814, by Senator Stafford, Senate Print 3820D,
an act to authorize the City of Glens Falls to
5477
enter into agreements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1032, by the Assembly Committee on Rules,
Assembly Print Number 11163A, an act to amend
Chapter 492 of the Laws of 1993.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
5478
THE SECRETARY: Calendar Number
1123, by the Assembly Committee on Rules,
Assembly Print Number 8904B, an act to amend
the Retirement and Social Security Law, in
relation to the payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1126, by Senator Leibell, Senate Print 3252A,
an act to amend the Retirement and Social
Security Law, in relation to the active
service requirement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5479
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1164, by Senator Maziarz, Senate Print 1040,
an act to amend the Election Law, in relation
to deadlines for military ballots.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1168, by Senator Maltese, Senate Print 3889,
an act to amend the Election Law, in relation
to voting list maintenance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
5480
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1247, by Senator Saland, Senate Print 6368B,
an act to amend the Real Property Law, in
relation to uniform forms.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1353, by the Assembly Committee on Rules,
Assembly Print Number 9242A, an act to amend
the Public Officers Law, in relation to the
residency of members.
ACTING PRESIDENT MEIER: Read the
5481
last section.
THE SECRETARY: Section 2. This
act shall take effect --
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1357, by Senator Saland, Senate Print 7138, an
act to amend the Executive Law and the County
Law, in relation to the criminal history
records.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1420, by Senator Stafford, Senate Print 3923,
an act to amend the Public Officers Law, in
5482
relation to permitting.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
noncontroversial calendar for Supplemental
Active List 1.
Senator Duane.
SENATOR DUANE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 1443 on
Supplemental Calendar Number 1, and Calendar
Number 970 from the regular active list.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendars 1443 and 970.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
And if you could call up Calendar
Number 137, by Senator Marcellino.
5483
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will read Calendar
Number 137.
THE SECRETARY: Calendar Number
137, by Senator Marcellino, Senate Print
5551A, an act to amend the Environmental
Conservation Law, in relation to natural
heritage areas.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
5484
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President,
will you please call up 1353, by Senator
Saland.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1353.
THE SECRETARY: Calendar Number
1353, by the Assembly Committee on Rules,
Assembly Print Number 9242A, an act to amend
the Public Officers Law, in relation to the
residency of members.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Hassell-Thompson has requested
an explanation of Calendar 1353.
SENATOR SALAND: Thank you, Mr.
5485
President.
Mr. President, this is a bill which
has received a -- I believe a home rule from
the City of Yonkers which would enable certain
members of the City of Yonkers Police
Department who currently do not reside within
the County of Westchester and who reside
elsewhere to continue to reside in those two
counties, being the County of Dutchess and the
County of Orange, north and west of
Westchester County.
This is a bill which has been
sought by the Yonkers PBA and which the city
fathers and mothers of that elective body have
agreed upon.
And the reason I am presenting this
bill is that a goodly number of them, I
believe there's somewhere between a dozen and
15, reside in Dutchess County and would
otherwise be forced to sell their homes at
what would amount to fire sales.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
5486
I really don't have a question,
Senator Saland, but just a comment on the
bill. Last year Yonkers had asked us to do
this. And what I was -- I guess what I was
trying to ascertain was were there specific
officers, or are they beginning to waive
residency requirements for all of the
officers? Because there was a special list
last year.
I remember this bill, the request
for Yonkers to do the same thing.
SENATOR SALAND: This bill by its
language applies to officers, police officers
who are such as of the effective date of this
bill. It's not intended to in effect invite
others to do something similarly. It's
confined to those who are currently members of
the police force in Yonkers and who are
residing in either Dutchess or Orange County.
And it basically treat that as if,
for all intents and purposes, they were
complying with a residency requirement.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Then I
5487
do want to ask a specific question, then.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HASSELL-THOMPSON: Thank
you, Senator Saland.
So there is a specific number of
officers who fall into that category. Can you
give me a number as to how many officers?
SENATOR SALAND: If I had my file
here, I might be able to. I think it's
somewhere between a dozen and 15. At least I
believe that's the number in Dutchess County.
SENATOR HASSELL-THOMPSON: Okay.
And there was a home-rule message from
Yonkers? Through you, Mr. President. You say
there was a home-rule message?
SENATOR SALAND: There was a home
rule, or else it was a local resolution that
was passed tantamount to a home rule. There
was action taken by the City of Yonkers to say
that they approved of the passage of this
legislation.
5488
SENATOR HASSELL-THOMPSON: Okay.
Thank you.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Will the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
Saland, will you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I have only a vague recollection of
last year's debate on this. But if you can
clarify, Yonkers currently has a residency
requirement for all police officers?
SENATOR SALAND: I believe it
does. And I believe that's what necessitates
this particular legislation.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
5489
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: I'm not clear on
the chronology that would have resulted in
15 or so officers currently not being in
compliance with the law. How did that happen?
SENATOR SALAND: I can't provide
you with all the particulars. I know in
southern Dutchess County there are a number of
municipal employees from New York City, from
Westchester County. Over the course of the
past couple of decades, they have moved into
the southern part of Dutchess County, they
live there, they work outside of the county.
I can't tell you the particulars of how they
arrived there.
I do know that this became an issue
of great consequence to the City of Yonkers
and, in turn, to the people who reside in my
district who were confronted with the
possibility of having to sell homes and
finding themselves in a situation in which
their principal asset, the thing of greatest
5490
value that they own, their home, would be sold
at a distressed or fire sale once the word was
out that they had to relocate outside of
Dutchess County.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
Would the officers for whom this
law would bring them into compliance, were
those officers members of the police
department prior to Yonkers' enactment of a
residency requirement?
SENATOR SALAND: I honestly don't
know the answer to that question. I have no
idea who was an officer when in this context.
This came to me as a request from
residents in Dutchess County. And
subsequently I and my office also spoke with
5491
representatives of the PBA in Yonkers.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
Can the sponsor tell us when
Yonkers enacted its residency requirement?
SENATOR SALAND: If I knew, I'd
be happy to tell you. It may well be in my
file.
Unfortunately, I came down here not
realizing that this bill -- I was in my office
during our at-ease break, wandered down here
rather casually and aimlessly, didn't hear the
calling of the calendar, or I would have my
file here. I simply don't have it.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor continue to
yield?
5492
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President. I think the sponsor may be able to
guess where I'm going with this, what my
concern is.
If these officers who would be
brought into compliance with current law were
not members of the Yonkers Police Department
prior to enactment of Yonkers' residency
requirement, then logically we can conclude
that Yonkers enacted a residency requirement
and either these officers became members of
the Yonkers Police Department while not
residing in Yonkers, which would have been
illegal, or they were police officers residing
in Yonkers when Yonkers enacted its residency
requirement and subsequently moved out, which
would also have been illegal.
So my question is, does the sponsor
agree with the assertion that either of the
5493
two scenarios that I just laid out would be
the exception that we're carving here --
SENATOR SALAND: Regardless of
the characterization, the City of Yonkers has
seen fit to say we recognize that there are
some people who are not residing within
whatever would be the appropriate residency
requirement for municipal or police employees
in the City of Yonkers, and they're saying we
would like to correct this.
Which came first, the chicken or
the egg, where fault lies, I can't begin to
tell you. But I do know that all parties
involved -- the employees, the city, the
PBA -- are desirous of correcting this
situation and in a fashion that doesn't leave
the door open to others.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
5494
SENATOR HEVESI: Thank you.
Mr. President, I'm troubled by the
precedent that this sets, because what purpose
is it to have a residency requirement if you
have it and then police officers are hired who
don't live within the jurisdiction that
they're currently required to live in, or they
decide to move out, and then their state
senator, doing what he believes is in the best
interests of his constituents, votes an
exception to the rule and brings that bill?
Doesn't that cut the legs out from under the
residency requirement?
ACTING PRESIDENT MEIER: Excuse
me a minute, Senator Hevesi.
We have some bills that we want to
get through. And I'd ask members, if you're
going to be in the room, to extend courtesy to
those senators debating the bill. Can we have
quiet in the chamber, please.
Senator Hevesi.
SENATOR HEVESI: Mr. President,
would the sponsor need me to repeat the
question?
SENATOR SALAND: Yes, Mr.
5495
President.
SENATOR HEVESI: Again, Mr.
President, through you, my concern is that if
you have a residency requirement and
individuals who are subject to the residency
requirement who currently work for the police
department either move out of the city of
Yonkers or wherever the jurisdiction is that
has a residency requirement, or newly hired
police officers who don't live in the
jurisdiction where it's required come on board
to that police department, you have
essentially emasculated the law requiring
people to live within a certain jurisdiction.
And while I can appreciate that the
City of Yonkers may want it and certainly
understand why the PBA would want it, what
purpose is there to have a residency
requirement if we're going to exempt or except
people from it prospectively?
SENATOR SALAND: There is no
prospective door through which anybody other
than those who are currently serving will have
the opportunity to seek to come under this
legislation.
5496
This impacts nobody prospectively,
only those who are currently employed who may
not be in strict compliance with the residency
requirement for the City of Yonkers Police
Department. It's not intended to, nor does
it, by the clear language in the bill, enable
others the same opportunity.
SENATOR HEVESI: Thank you.
Mr. President, would the sponsor
continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
My fault; I should have been more
precise with my language. What I meant was
the precedent that we are setting with this
legislation will lead to individuals reaching
the conclusion, drawing the inference that
they may be prospectively entitled to this,
since they were not in compliance with the
5497
law -- presumably, today, these officers are
not in compliance with the law. We are going
to make them in compliance with the law.
The message that I'm concerned that
we are sending is that it's okay not to abide
by Yonkers' residency requirement because
we'll just exempt you in the future.
SENATOR SALAND: I don't think
we're setting a precedent here. I think there
have been other instances in which we have
dealt with residency requirements.
We have done it in some instances
in which there have not been town officials
fitting a particular capacity that the town
needed living in the town to fill a position
that required town residency. We've done that
on occasion. We've permitted town justices to
be outside of the jurisdiction of a particular
town.
If my memory serves me correctly,
when I was in the Assembly in the 1980s we did
something similarly for the City of New York.
I believe there was a question of residency
requirement for municipal employees. That may
not have been pursuant to home-rule
5498
resolution, but employees residing outside of
the City of New York were permitted to do so.
This bill is not precedent-setting
systemically. It may -- it may deal with a
situation in the City of Yonkers, but it
certainly would not be the first time that a
municipal employee was permitted to reside
outside of the boundaries of his or her place
of employment.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I don't want to split hairs here,
and maybe I'm wrong. But I have supported the
bills that you're talking about which exempt
classes of people, usually for upstate
counties, for a particular service. But
always the rationale is -- and it includes
5499
everybody into the future, everybody. And the
rationale behind it is we don't have enough
qualified individuals residing within this
jurisdiction, we need to open it up to other
people.
That's not what that legislation
does. And I've supported those bills. But
that's not what this does.
Correct me if I'm wrong, Senator
Saland, this -- through you, Mr. President.
This bill says if you are currently not in
compliance with Yonkers' residency
requirement, you will be brought into
compliance. Nobody else in the future, just
the people who are not compliance right now.
SENATOR SALAND: Correct.
SENATOR HEVESI: Okay. And
that's very much different than the other
types of bills.
So I'm concerned with the message
that this sends. And I guess I'll stop here.
I guess I'll put the question to the Senator.
Is he not also concerned with the message that
this sends?
SENATOR SALAND: No, I'm not the
5500
slightest bit concerned. This is, in effect,
a home-rule request. I've routinely done
dozen of home-rule requests in my twenty-plus
years serving in both houses of this
Legislature.
I'm not responsible for whatever
may be the will or wont of a local governing
board. And this local governing board, the
City of Yonkers, has determined, in agreement
with its PBA, that this is what they would
like to do. And inasmuch as it impacts a
small group of people who live in my district,
I'm more than happy to carry the legislation
and try and give them the relief that they're
seeking.
It's not that they're doing this or
like they're doing this against the will of
the local government. They're doing it in
compliance with what has been worked out with
their own local government.
SENATOR HEVESI: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
5501
President.
I am strongly opposed to this bill.
This legislation sends a very dangerous
message that when we pass a law and enact a
residency requirement or any other kind of
restriction or regulation on a municipality,
that we may go and exempt some people if they
deem themselves or if they decide that they
don't want to be in compliance with it. And
that's really what we're doing here.
And I mean no disrespect to the
police officers in Yonkers, or with the
municipality of Yonkers that has passed a
home-rule message, or Senator Saland for
acting on behalf of his constituents.
But we have a residency requirement
for a reason. It's not as if these
individuals were for some reason not required
to have a residency requirement, then came the
residency requirement and somebody didn't put
in a grandfather clause so that put them out
of compliance.
From what I can deduce here, the
possibility exists -- in fact, more than
exists, it's quite likely that you have a
5502
situation here where the police officers in
Yonkers moved out of Yonkers in direct
violation of the law. Or the Yonkers Police
Department illegally hired people who they
shouldn't have hired because they don't live
within Yonkers.
And so the remedy that we have here
addresses a situation where people acted
illegally. And I don't want to throw that
term around lightly, because we are talking
about police officers. But that's really what
happened here.
Unless there's some situation that
I haven't been privy to, these are people who
are not currently in compliance with the law
because they decided they weren't going to be.
And whether or not Yonkers sanctioned that and
then goes and a passes a home-rule message,
that's irrelevant to me.
What is relevant is if we have a
residency requirement and then you go and
exempt 15 people who decided that they weren't
going to be compliant, regardless of whether
the City of Yonkers decided that this was a
good thing or a bad thing, that Yonkers
5503
decides it's okay for these people not to be
in compliance with the law, that we are going
to sanction or approve or condone the
officers' behavior and the behavior of the
City of Yonkers.
I'm really opposed to this. This
sends a message to any future police officers
who may want to move out of Yonkers, which has
a residency requirement: Hey, the PBA will go
to bat for us, or our representative in
Yonkers will go to bat for us, or our state
senator representing Yonkers will go to bat
for us. We don't really have a residency
requirement, it's not real.
I mean, think about it. That's
what this does. It's not real. So I oppose
this bill. This sets a dangerous precedent
that the residency requirement is not real in
Yonkers. That's the message.
And I particularly don't like this,
Mr. President, because I have been vocal on
this floor before about the need for New York
City to enact a residency requirement. And
I'm willing to bet that the New York State
Council would give us a home-rule message to
5504
enact my bill that would give the City of
New York permission, if it chose to do so, to
enact a residency requirement. But that
home-rule message I'm sure would be ignored.
This one, which condones behavior
in direct conflict with current law, this one
is heeded. And so now we have this bill.
I am strongly opposed to this bill,
Mr. President, and I strongly suggest that my
colleagues oppose this bill too.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1353 are
Senators Andrews, Duane, Hevesi, L. Krueger,
and Montgomery. Ayes, 54. Nays, 5.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
5505
President. Could we please take up Calendar
1420, by Senator Stafford.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1420.
THE SECRETARY: Calendar Number
1420, by Senator Stafford, Senate Print 3923,
an act to amend the Public Officers Law, in
relation to permitting.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Stafford, Senator Dollinger has requested an
explanation.
SENATOR STAFFORD: Thank you, Mr.
President.
You know, whenever we're dealing
with these issues, again, it's the people.
And this legislation has been requested by the
Ethics Commission, and Senator Dollinger has
requested it. And you have to look, again,
and have faith in the integrity of
individuals.
Now, Senator Dollinger graduated
from McQuaid Jesuit High School, and he
graduated from St. Michael's College at the
5506
University of Toronto. He graduated from
Albany Law School cum laude; he was notes and
case editor of the Law Review. And again, you
look to the individual.
Now, the Ethics Commission has
explained that very often you need people with
certain expertise. And if you do, then the
agency should be able to hire them. These
former employers have a tremendous amount of
institutional memory.
I had no idea people would be so
interested. I appreciate it. I appreciate
it.
Now, currently the Office of the
Attorney General is able to do just exactly
what this bill would do. And it has been
successful, and it's had no abuses.
We would have to make sure that
there was certification in writing to the
Ethics Commission that this expertise was
needed. And if we found that was not done,
then obviously there would have to be
appropriate actions taken.
Any contracts exceeding $10,000
would be reviewed by the Comptroller, pursuant
5507
to Section 112 of the State Finance Law.
Mr. President, after conferring,
working with the Ethics Commission and after
really thinking and working in this field in
depth, I would suggest that this bill makes a
great deal of sense and should prevail.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. Just on the bill briefly.
This is one of the reasons why I in
particular will miss the chairman of the
Senate Finance Committee when he retreats to
Plattsburgh or the North Country. He always
seems to have an illuminating perspective, if
not on the subject matter of my questions,
perhaps on the subject matter of the
questioner. And I appreciate that, and I'll
miss him.
But with respect to this bill, Mr.
President, I'm going to vote in the negative
and encourage people to vote that way.
Because when we open the door for people who
have left government service, people who have
relationships, people who have personal ties
5508
to state agencies and state agency heads, we
have adopted a very bold, in my opinion,
black-letter rule with respect to the
revolving door.
And that is that we should not
encourage those people who leave state service
to use their ties to serve as consultants or
as particular appointees or, for that matter,
go into the private sector and immediately
contract with the state agency for the same
services.
What this bill does, this bill
vests in agency heads the discretion to make a
certification of only two things. One is that
the former officer or employee has knowledge,
expertise or experience with respect to a
particular matter. Well, that's a very simple
test to meet. You simply -- it doesn't say
that they have special expertise, it doesn't
say that they have unique characteristics, it
simply says that if they've got any experience
in the subject matter, they meet the first
part of the certification.
The second part of the
certification is that it is otherwise
5509
unavailable at a comparable cost. How is a
department head or an agency head to know
that? And the answer is there's only one way
you can find out, and that is to put the whole
contract out to bid, accept a whole series of
bids, and then conclude that the former state
employee is the best or the most responsible
bidder.
While that's the only way to come
to that conclusion, there's nothing in this
exception that requires that any kind of
public bidding or any kind of request for
proposal process occur prior to the agency
head varying the bar on former employees going
to work for state agencies in this state.
My personal opinion is that this is
a watered-down version of opening the door so
that state employees can go back to work for
the state so that they may retire and come
back as consultants.
Or, quite frankly, it opens the
great danger that a political appointee in the
administration would come back and serve as a
private contractor, simply based on the agency
head saying: Well, they have expertise. It
5510
may not be the best available and it may not
have the most highly qualified experience, but
they have expertise, they have experience --
and oh, by the way, I'm going to conclude that
it's unavailable at a comparable cost without
the only way to determine that, through the
process of public bidding.
Mr. President, I think this makes
the revolving door spin a little quicker for
these former state employees. We laid down a
rule that said we're going to slow down the
revolving door, we're going to save it for
only unique circumstances will people be
allowed to pass through that door. I would
suggest this is going to spin the door much
too quickly for the taxpayers of this state.
The danger of ethical conflicts
influencing judgments by state agency heads is
far too high. Let's keep the revolving door
moving at a much slower pace than this bill
allows. I recommend we vote in the negative,
Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5511
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1420 are
Senators Andrews, Dollinger, Duane, Hevesi,
L. Krueger, and Montgomery. Ayes, 53. Nays,
6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Can we now please take up Calendar
1164, by Senator Maziarz.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1164.
THE SECRETARY: Calendar Number
1164, by Senator Maziarz, Senate Print 1040,
an act to amend the Election Law, in relation
to deadlines for military ballots.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Maziarz, Senator Dollinger has requested an
explanation.
5512
SENATOR MAZIARZ: Thank you very
much, Mr. President.
This legislation would delete the
requirement that a military ballot have a
postmark and that the military ballot, the
envelope simply have the signature and date
of -- the signature of the voter and the date
upon which the ballot was mailed.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, will my colleague from Monroe
County allow a question?
SENATOR MAZIARZ: Certainly, Mr.
President.
SENATOR DOLLINGER: Through you,
Mr. President. Senator Maziarz, you said that
it deleted a section?
SENATOR MAZIARZ: It doesn't
delete it. I think it -- right now I believe
that military ballots are required to have a
postmark. And obviously what we saw,
particularly in the election, the presidential
election of 2000, is that it is very
5513
difficult, particularly for sailors and those
military personnel on ships, submarines, where
there are no post offices available, that
thousands of ballots were not counted during
the course of that election.
This would certainly allow those
ballots to be counted, Senator.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield?
SENATOR MAZIARZ: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Do we allow
other absentee voters, people who are voting
away from their normal voting place -- not
just military people, but other voters -- to
simply sign and date the ballot, irrespective
of when the postmark comes in?
SENATOR MAZIARZ: No. Those
would still be required to maintain the
postmark on it.
5514
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Maziarz will
continue to yield.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR MAZIARZ: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: What is it
about a military voter that says that we
should have a special rule for them and not
extend this same privilege to everybody else
who votes by absentee ballot?
I understand that we're trying to
accommodate military ballots, and I'd like to
get as many people voting as possible. But
what is it about the military that makes their
attestation of the date that they vote any
more effective than it would be for a normal
absentee-ballot voter of any type?
SENATOR MAZIARZ: Well, because
of some of the special circumstances in the
military, as I pointed out. They may be
stationed aboard a submarine, they may be
stationed aboard a ship where there's not a
5515
post office readily available. They may be
stationed in a foreign country where there's a
mail deposit system involved in collecting the
mail, but not a normal United States post
office where they could get a postmark on an
envelope.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you continue to yield?
SENATOR MAZIARZ: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I understand
that; in other words, that they may sign the
ballot on Election Day and file it and it
doesn't actually go to the post to be
delivered.
But my question is, if what we're
going to do is allow a vote to be effective
based simply on the voter's attestation that
this is my signature and this is a date which
is either the date of the election or before,
5516
why wouldn't that apply to all ballots that
occur away from the polling station? Why
shouldn't that be the rule?
I understand why military people
may not get it postmarked on that day. But in
essence, why don't we have a single rule for
everybody rather than have one special rule
for the military with respect to the ability
to sign it on the day?
In other words, if you or I were
not present, we could sign it and say: I
voted on this day, and we mailed it in, it
meets the mailing requirements here --
SENATOR MAZIARZ: Through you,
Mr. President. I believe that the answer,
Senator, is that we have always, in the
history of New York State, had special
provisions for military ballots.
I think it goes along the lines of
encouraging people, young people that are in
the military, young men and women that are
away, perhaps for the first time, in some very
unusual places, let's say. Again, I'm going
to use the example of a submarine or aboard
ship.
5517
I don't know if you have great
numbers of those individuals, you know, that
would be under similar circumstances. But I
would agree with you. I mean, I think we
should extend this to -- I think voting
privileges should be made easy and extended to
everyone.
But the history of the New York
State voting laws are that military -- there
have always been special provisions for
military voters.
SENATOR DOLLINGER: Thank you,
Mr. President. Just on the bill.
I'm going to vote in favor of this
bill, Mr. President, but I would just ask
Senator Maziarz and everybody why we should
have a special rule for the military with
respect to trusting them to sign and date the
ballot and to consider the ballot valid even
though it may not be postmarked on Election
Day.
We have used the postmarked rule as
the guiding rule for the delivery of ballots.
But it seems to me that -- I just can't
differentiate between a young military person,
5518
why they get the benefit of signing and dating
and no matter when it's postmarked, so long as
it's received within ten days, it's considered
valid, but we wouldn't allow that for the
average businessman or the average traveler or
even if you're not a member of the United
States military but you happen to be a
civilian employee of the military who happens
to be stationed overseas.
It seems to me that the rule ought
to be the same. If we're going to go to a
rule that says irrespective of the postmark,
if you sign and date it on Election Day, it
counts, that rule ought to apply to everybody.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Just as a
matter of information, military personnel
abroad on ships and mailing a document, there
is no postmark. So therefore you cannot
require it, since it doesn't exist.
They get mail through an APO, which
is in many cases quite late because it travels
a rather circuitous route to get to them. And
when they return something, it does not go to
5519
a post office where there's someone with a
stamp. It goes through a military channel.
And so the postmark issue is
unfortunately not at all applicable, which is
why you have to provide this exception.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just to
respond to Senator Padavan, I understand that
the postmark may not be affixed and there may
be other ways to do it. But it seems to me
we're taking a leap of faith here. We're
saying that irrespective of whatever is on the
outside of the envelope, we're going to trust
the person to sign it and date it either on
Election Day or before.
I agree with Senator Maziarz. I
think let's trust the American electorate to
do that. I'm simply saying that we extend
that trust to military personnel, why
shouldn't we extend that same trust to
everybody that votes by absentee ballot? So
that if you sign it and date it at 11:00 p.m.
on Election Day and you've got it in your hand
but you don't go to the post office till the
5520
next day, it should still count, because it
was done on Election Day.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Mr. President,
because any person other than a military
individual -- a New Yorker who's in Florida, a
New Yorker who's some other place -- will mail
it through a civilian system which will have a
postmark date. So they are certainly in a
position of -- we are in a position of
requiring to see that date.
But if there is no postmark date,
which applies to many military personnel, then
you have an entirely different circumstance.
They are the exception.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
5521
SENATOR DOLLINGER: Just to
explain my vote, Mr. President.
I understand the point that Senator
Padavan makes. But I want to emphasize one
thing again.
We are trusting military people to
vote on Election Day because they said so.
They can do that in parts of the world where
the polls have already closed in New York and
we've already projected a winner in the
presidential race or we've already projected a
winner in the governor's race or there's
already been a projection that the election
may be very, very close. And they may be in
California or they may be in Hawaii and it may
still be Election Day, even though the polls
have closed here.
And we're trusting them to say:
Okay, my vote may count, I'm going to write in
my name and date it. And irrespective of when
the postmark is actually put on it or whether
there's a postmark put on it.
I'm just suggesting to everyone
that if that's going to be the rule, let's
apply that rule to everybody with respect to
5522
absentee ballots. Let's not focus on the
postmark, let's focus on when they say they
voted. We trust military people. We should
trust everybody to be honest with their
government when they vote. Let's extend the
same benefit to everyone.
ACTING PRESIDENT MEIER: How are
you voting, Senator?
SENATOR DOLLINGER: Aye, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Could we return to reports of
standing committees. I understand there's a
report of the Rules Committee.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
5523
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1228A, by Senator
Maziarz, an act to amend the Penal Law;
3518B, by Senator Saland, an act to
amend the Executive Law;
3586A, by Senator Larkin, an act to
amend the Real Property Law;
5061A, by Senator Saland, an act to
amend the Insurance Law;
5445A, by Senator DeFrancisco, an
act to amend the Vehicle and Traffic Law;
5788C, by Senator Maziarz, an act
to amend Chapter 55 of the laws of 2002;
6028C, by Senator Seward, an act to
amend the Alcoholic Beverage Control Law;
6166, by Senator Alesi, an act to
amend the Retirement and Social Security Law;
6482, by Senator Seward, an act to
amend the Tax Law;
6808, by Senator Libous, an act to
amend the Mental Hygiene Law;
6835, by Senator Espada, an act to
5524
amend the General Business Law;
7027, by Senator Saland, an act to
amend the Family Court Act;
7177A, by Senator Alesi, an act to
amend the Tax Law;
7308, by Senator DeFrancisco, an
act to amend the Education Law;
7343, by Senator Lachman, an act to
authorize;
7426B, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
7562, by Senator Velella, an act to
amend the Labor Law;
7618, by Senator Fuschillo, an act
to amend the Education Law;
7664, by Senator Nozzolio, an act
to amend the Energy Law;
7723, by Senator Seward, an act to
legalize;
7725, by Senator Meier, an act to
amend the Public Service Law;
7729, by Senator Padavan, an act to
amend the General City Law;
And Senate Print 7755, by Senator
Trunzo, an act to amend the Vehicle and
5525
Traffic Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Move to accept
the report of the Rules Committee, sir.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar 1353,
Senate 5063B, and on Calendar 1420, Senate
3923.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendars 1353 and
5526
1420.
SENATOR SCHNEIDERMAN: Thank you.
SENATOR MORAHAN: May we stand at
ease for a few moments, Mr. President.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:58 p.m.)
(Whereupon, the Senate reconvened
at 4:08 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Can we now have the
noncontroversial reading of the Supplemental
Calendar 54B.
ACTING PRESIDENT MEIER: With
regard to Supplemental Calendar 54B, the
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
1494, by Senator Maziarz, Senate Print 1228A,
an act to amend the Penal Law, in relation to
increased penalties.
ACTING PRESIDENT MEIER: Read the
5527
last section.
THE SECRETARY: Section 5.
This --
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1495, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5023B and substitute it
for the identical Senate Print Number 3518B,
Third Reading Calendar 1495.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1495, by Member of the Assembly Green --
ACTING PRESIDENT MEIER: Just a
second. Stop.
Close the door to the chamber,
please. Can we have some order in the
chamber, please.
The Secretary will continue to
read.
5528
THE SECRETARY: Calendar Number
1495, by Member of the Assembly Green,
Assembly Print Number 5023B, an act to amend
the Executive Law, in relation to financial
aid.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1496, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Print Number 7148A and substitute it
for the identical Senate Bill Number 3586A,
Third Reading Calendar 1496.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
5529
1496, by Member of the Assembly Cahill,
Assembly Print Number 7148A, an act to amend
the Real Property Law and the General Business
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1497, by Senator Saland, Senate Print 5061A,
an act to amend the Insurance Law, in relation
to the definition.
SENATOR MORAHAN: Lay it aside
for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: In relation to
Calendar Number 1498, Senator DeFrancisco
moves to discharge, from the Committee on
5530
Veterans and Military Affairs, Assembly Bill
Number 8746A and substitute it for the
identical Senate Bill Number 5445A, Third
Reading Calendar 1498.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1498, by the Assembly Committee on Rules,
Assembly Print Number 8746A, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1500, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9600C and substitute it
5531
for the identical Senate Bill Number 6028C,
Third Reading Calendar 1500.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1500, by Member of the Assembly Tonko,
Assembly Print Number 9600C, an act to amend
the Alcoholic Beverage Control Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1501, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9849 and substitute it
for the identical Senate Bill Number 6166,
Third Reading Calendar 1501.
5532
ACTING PRESIDENT MEIER:
Substitution ordered.
There is a home-rule message at the
desk.
The Secretary will read.
THE SECRETARY: Calendar Number
1501, by Member of the Assembly Morelle,
Assembly Print Number 9849, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1502, by Senator Seward, Senate Print 6482, an
act to amend the Tax Law, in relation to
certain deductions.
ACTING PRESIDENT MEIER: Read the
last section.
5533
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1503, by Senator Libous, Senate Print 6808, an
act to amend the Mental Hygiene Law, in
relation to renaming the Binghamton
Psychiatric Center.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1504, Senator Espada moves to
5534
discharge, from the Committee on Consumer
Protection, Assembly Bill Number 1854 and
substitute it for the identical Senate Bill
Number 6835, Third Reading Calendar 1504.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1504, by Member of the Assembly Dinowitz,
Assembly Print Number 1854, an act to amend
the General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1504 are
Senators Meier, Seward, and Wright. Ayes, 56.
Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5535
1505, by Senator Saland, Senate Print 7027, an
act to amend the Family Court Act and the
Social Services Law, in relation to combined.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1506, by Senator Alesi, Senate Print 7177A, an
act to amend the Tax Law and the Insurance
Law, in relation to conforming.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1507, by Senator DeFrancisco, Senate Print
5536
7308, an act to amend the Education Law, in
relation to excluding school.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1508, by Senator Lachman, Senate Print 7343,
an act to authorize the payment of retirement
benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1510, by Senator Velella, Senate Print 7562,
an act to amend the Labor Law, in relation to
enforcement.
ACTING PRESIDENT MEIER: Read the
5537
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1511, by Senator Fuschillo, Senate Print
7618 --
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1512, by Senator Nozzolio, Senate Print 7664,
an act to amend the Energy Law, in relation to
implementing the Empire Propane Education and
Research Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5538
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Wright recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that concludes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: May we now have
the controversial reading of the calendar.
ACTING PRESIDENT MEIER: I have a
couple of members asking to be recognized.
May I take them first, Senator?
SENATOR MORAHAN: Yes.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: I'd like to be
in the negative on 1504.
ACTING PRESIDENT MEIER: Without
objection, Senator Farley will be recorded in
the negative on 1504.
Senator Duane.
SENATOR DUANE: With unanimous
consent, I'd like to be recorded in the
5539
affirmative on Calendar Number 1164, from
Supplemental 1.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the affirmative with regard to Calendar 1164.
The Secretary will now read the
controversial calendar.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Just a
clarification, please, Mr. President. Are
there certain bills on this supplemental
calendar that we did not consider on the --
ACTING PRESIDENT MEIER: There
are those bills on this calendar which are
high. In other words, they have not aged
sufficiently. And we have not taken those up
yet.
SENATOR HEVESI: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
5540
1494, by Senator Maziarz, Senate Print 1228A,
an act to amend the Penal Law, in relation to
increased penalties.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Maziarz, Senator Montgomery has requested an
explanation with regard to Calendar 1494.
SENATOR MAZIARZ: Thank you very
much, Mr. President, Senator Montgomery.
This bill, to be known as Curt's
Law, would make killing someone while driving
under the influence of drugs or alcohol a
violent felony offense. It would raise the
penalty for vehicular manslaughter in the
first degree from a Class C felony to a
Class B violent felony. It would also raise
the penalty for vehicular manslaughter in the
second degree from a D felony to a Class C
violent felony offense.
Curt DeWitt, of Niagara County, was
26 years old when he was killed in 1997 as a
passenger in a car driven by an intoxicated
driver that was involved in a crash. Curt had
a bright future ahead of him and was in the
process of taking over his family's business.
5541
The driver who survived the crash served,
unbelievably, only 60 days in the county jail
for Curt's senseless death.
The taking of a life as a result of
driving while intoxicated is as much a violent
crime as killing a person with a gun or a
knife. For too long all of us have stood,
sometimes in this chamber or before audiences,
and talked about getting tough with
individuals who drive while they are drunk.
This law accomplishes that.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. If Senator Maziarz would yield
to --
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield for a question?
SENATOR MAZIARZ: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you.
Senator Maziarz, I certainly agree
5542
with you that vehicular manslaughter is a
serious offense and we should treat it as
such. But could you tell me, what is the
difference in the sentencing guidelines
between the C and the B?
SENATOR MAZIARZ: Vehicular
manslaughter in the second degree is defined
as causing the death of another person by
operating a vehicle while intoxicated.
Vehicular manslaughter in the first
degree is defined as causing the death of
another person by operating vehicle while
intoxicated and at that time driving with a
suspended driver's license.
A Class B violent felony would
require at least a five-year but not more than
a 25-year sentence. A Class C violent felony
would be at least 3 1/2 but not more than 15.
SENATOR MONTGOMERY: All right.
And if Senator Maziarz would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Maziarz, will you continue to yield?
SENATOR MAZIARZ: Yes.
ACTING PRESIDENT MEIER: The
5543
sponsor yields.
SENATOR MONTGOMERY: Yes, Senator
Maziarz. In the event of an accidental
situation, how is that handled in relationship
to this legislation?
SENATOR MAZIARZ: I'm sorry,
Senator, I couldn't hear you very well.
SENATOR MONTGOMERY: In the event
of an accidental situation, how would that be
handled in relationship to your legislation?
SENATOR MAZIARZ: Well, I'm
assuming that the officers involved in
investigating the crash would make the proper
charges, and that they would have the evidence
in determining whether the individual was
driving while intoxicated and whether they had
a valid driver's license or not.
SENATOR MONTGOMERY: And if
Senator Maziarz would continue to yield.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield?
SENATOR MAZIARZ: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
5544
Maziarz, the charge for a person who is
engaged in an accident where there is a death
and there is no alcohol or drugs involved, how
is that --
SENATOR MAZIARZ: That would not
be covered under this law. Where there was no
drugs or alcohol involved, then it would not
be covered under this.
SENATOR MONTGOMERY: All right.
Thank you, Senator.
SENATOR MAZIARZ: Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Would the sponsor yield to a
question?
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield for a question from
Senator Kuhl?
SENATOR MAZIARZ: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Senator Maziarz,
5545
does this bill have -- do you have a three-way
agreement or a two-way agreement with the
other house and the second floor on this bill?
SENATOR MAZIARZ: No, we do not.
SENATOR KUHL: Is this a
one-house bill?
SENATOR MAZIARZ: Well, we do
have an Assembly sponsor for it.
SENATOR KUHL: But there's been
no movement in the other house?
SENATOR MAZIARZ: No.
SENATOR KUHL: Would the sponsor
yield to another question?
ACTING PRESIDENT MEIER: Senator
Maziarz, do you continue to yield?
SENATOR MAZIARZ: Surely, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: And I ask these
questions, Senator Maziarz, because I'm
interested as an attorney. That's my
background, and factual circumstances are
always interesting to me.
You outlined that in fact the
5546
person that you've named this prospective law
after, being Curt -- and I didn't catch the
last name -- but that he was a passenger in
this car?
SENATOR MAZIARZ: Yes.
SENATOR KUHL: Do you know
whether or not he had any alcohol content in
his blood?
SENATOR MAZIARZ: No, I do not.
SENATOR KUHL: If the sponsor
would yield to another question.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you continue to yield?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Were the driver
and the person who lost his life friends?
SENATOR MAZIARZ: Yes, they were.
SENATOR KUHL: Would the sponsor
yield to another question?
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield?
SENATOR MAZIARZ: Yes, Mr.
5547
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Was the young man
who lost his life in the car that was driven
that had the accident in which he died there
voluntarily?
SENATOR MAZIARZ: I'm not
familiar with the circumstances of the
accident. I would assume, Senator, that he
was.
SENATOR KUHL: Well, the reason I
ask these questions, Senator, is that it seems
to me in most cases in the past that this
house has dealt with the issue of vehicular
homicides involving the use of alcohol, that
in fact collisions and accidents have occurred
with somebody who was not a passenger in the
car but who was in another car or who was a
pedestrian in a sidewalk or on a sidewalk or
walking along the highway.
And you're posing a situation and
naming a bill after an individual who appears
to me to be probably a voluntary participant
in riding in this car.
5548
Now, my question to you is, do you
see any difference in whether or not the
statute as you're proponing it and attempting
to change here, whether or not the individual
who loses his or her life voluntarily takes
the risk of riding with somebody when they
should or knowingly know that they are
intoxicated?
SENATOR MAZIARZ: No, I don't see
any difference in it at all, Senator. I think
the onus is on the individual who gets behind
the wheel of a car that has been drinking.
SENATOR KUHL: All right. So
then you are suggesting -- if the sponsor
would yield, Mr. President.
SENATOR MAZIARZ: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: You are
suggesting, then, to every driver who has
imbibed alcoholic beverages that if there is a
passenger, that they refuse to have the
passenger be allowed to be in that particular
situation as a friend or whatever if they are
5549
to avoid prosecution under this particular
statute that you're proposing, are you not?
SENATOR MAZIARZ: I don't think I
understood the question.
SENATOR KUHL: Let me ask the
question another way, Mr. President, if I can.
Will the sponsor continue to yield?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: You don't see,
under your circumstances, Senator, that in
fact there should be any overriding
consideration given to the driver of a vehicle
if in fact the passenger is voluntarily there
and voluntarily there at their own request if
they in fact subsequently lose their life?
SENATOR MAZIARZ: No, I do not.
SENATOR KUHL: Do you know of any
other statute, Senator, that you're proposing
like this one that eliminates the risk that
you're seemingly eliminating under this
proposal?
SENATOR MAZIARZ: Am I aware of
5550
any other statute? No, I am not.
SENATOR KUHL: So if the sponsor
would continue to yield, Mr. President.
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: So if you don't,
then you are essentially setting a precedent
here, are you not, and eliminating any
responsibility on behalf of somebody who was
the subsequent loser, if you will, to use that
terminology, in placing total responsibility
for another person's actions by becoming a
passenger in a vehicle like this upon a
driver?
SENATOR MAZIARZ: If the driver
so chooses to consume alcoholic beverages to
the point where they are intoxicated, yes.
SENATOR KUHL: If the sponsor
would continue to yield.
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
5551
SENATOR KUHL: What if the
factual circumstances in this particular case,
Senator Maziarz, were that the passenger who
actually lost his life pleaded with the driver
to actually take him and was more inebriated
than in fact the driver was? Now, isn't that
a consideration that should be taken into
account in this proposal?
SENATOR MAZIARZ: Well, we don't
know that that was in fact the case. I
think --
SENATOR KUHL: But it very well
could have been, could it not?
SENATOR MAZIARZ: No, I think
that the onus is on the individual that chose
to drink and drive.
SENATOR KUHL: So you -- if the
sponsor would continue to yield, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Maziarz, will you yield?
SENATOR MAZIARZ: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
5552
SENATOR KUHL: So you totally, by
this proposal, choose to disregard any attempt
to help or assist the potential -- well, the
passenger who actually lost his life in this
situation; is that correct?
SENATOR MAZIARZ: I'm not sure,
Senator, where you're going with this, whether
you're saying that it makes a difference
whether a drunk driver kills a passenger in
their car or kills another individual, a
nonpassenger in their car. I don't think it
makes much difference.
I think the penalty has to be on
that individual who chooses to drink to the
extent where they are intoxicated, legally
intoxicated, and get in a car and drive and
causes the death of another individual,
whether they're a passenger in their car or
not.
We've seen it happen so many times,
Senator. And people serve days in jail. Not
weeks, not months, but days.
SENATOR KUHL: Well, if the
Senator would continue to yield.
ACTING PRESIDENT MEIER: Senator
5553
Maziarz?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Senator, I'm
particularly troubled with your proposal. You
probably have come to that conclusion. And
I'm troubled because it appears to me that you
totally disregard the passenger's intent or
desire to be in that vehicle.
It would seem to me that if your
proposal was going to be fair to all
concerned, that in fact you should take into
consideration how and why the passenger is
actually in that vehicle. Because it seems to
me that in the course of life as we know it,
we choose the risks we take.
For instance, you and I chose to
take the risk of winning or losing when we ran
for this office. Every time we get behind a
car and decide to drive or ride as a
passenger, we make a choice. We either choose
to get in that car or not get in that car. We
either choose to drive or we don't choose to
5554
drive.
But in this particular case,
without a factual circumstance that forced
this passenger into this car -- and I have to
believe, under the circumstances that you've
provided here to us, that in fact the
passenger was as knowing about the risks that
he was about to undertake by getting into a
car with an inebriated driver as the driver
was in asking the passenger to be there.
But yet you disregard that
particular willing acceptance of this
passenger to undertake what would by all
factual circumstances be an extremely riskier
method of or perhaps pattern of behavior.
So my question to you is, why don't
you consider -- because this is an unusual
circumstance, in that you don't have somebody
using the car as a weapon in the literal sense
of running somebody else off the road or
running over somebody who happens to be
walking along the road. Why don't you take
into consideration the knowing, perhaps,
particular exaggerated risk that this
passenger had?
5555
Now, if that passenger was too
inebriated to know that in fact he was
undertaking a large risk, well, that should be
something that you should take into
consideration in this bill. But you don't.
And I'm concerned with that. And I'm asking
you why you're not taking that particular
factual pattern into consideration in this
proposal.
SENATOR MAZIARZ: The answer is
because I don't -- I disagree with you,
obviously. I just don't see any difference in
whether a drunk driver kills a passenger in
his vehicle or kills an individual who may be
riding a bike or walking along the road. I
don't see there's any difference.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi, why do you rise?
SENATOR HEVESI: Mr. President, I
would like to ask if Senator Kuhl would yield
to a question.
SENATOR KUHL: Not at this time.
ACTING PRESIDENT MEIER: The
Senator chooses not to yield.
5556
SENATOR KUHL: So, Senator
Maziarz, just again to repeat my question,
because I don't think I heard the answer, why
is it that you haven't taken this additional
factual pattern into consideration in your
proposal?
SENATOR MAZIARZ: Because I don't
see any difference in whether a drunk driver
kills a passenger in their car or kills
another individual who may be walking along
the street or in another car.
SENATOR KUHL: Would the sponsor
continue to yield?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Do you see any
difference in the risk that a person who
drives a car who is, let's say, under the
influence of alcohol takes than the risk that
a passenger takes getting into an automobile
knowing that the driver is under the
influence?
SENATOR MAZIARZ: I'm sorry,
5557
could you ask that question again, Senator?
SENATOR KUHL: I said do you see
any difference in risk to an individual who
gets into an automobile who is under the
influence and drives an automobile, to
himself, than a passenger, the risk to a
passenger who gets into an automobile knowing
in fact that the driver is under the influence
and chooses to take that risk. Do you see any
difference in risk as to being killed?
SENATOR MAZIARZ: No, I -- again,
Senator, I think the onus has to be on that
driver who chooses to do that.
SENATOR KUHL: One last question.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you continue to yield?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Then as I take it
from your proposal, you are suggesting to
anybody who drives that they in fact, if
they're under the influence of alcohol, assume
all the risks for themselves and anybody in
5558
their car regardless of how the other person
got in their car or whether they even want to
be in the car.
SENATOR MAZIARZ: Yes.
SENATOR KUHL: Okay, I understand
the proposal. Thank you, Mr. President.
Thank you, Senator.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Mr. President,
I would ask if Senator Kuhl would yield for a
question.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield to a question from Senator
Gentile?
SENATOR KUHL: No.
ACTING PRESIDENT MEIER: The
Senator declines to yield.
SENATOR GENTILE: Then, Mr.
President, can I ask the sponsor to please
yield for a question.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield to a question from
Senator Gentile?
SENATOR MAZIARZ: Yes, I do, Mr.
5559
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR GENTILE: Senator,
listening to the discussion that just went on
with our colleague Senator Kuhl, you would
agree with me that an analogy to what this
supposed assumption of the risk, as we were
just speaking of here, would not be -- would
not even be a consideration if this were a
domestic violence situation where an abused
woman would remain -- choose to remain in the
house and be abused by a spouse or another
partner?
In that situation, wouldn't you
agree with me, Senator, that a crime is being
committed by the person who is doing the
abusing and therefore the person who is being
abused does not assume the risk and does not
share in the culpability of that situation?
Would you agree with that situation?
SENATOR MAZIARZ: I would agree,
Senator. I think it's a stretch, but I would
agree.
SENATOR GENTILE: And therefore,
5560
as an analogy in this situation, someone who
gets into a car with someone who is drunk and
makes a decision to drive while they're drunk
does not -- that person's culpability is no
less because someone chooses to get in the car
with them?
SENATOR MAZIARZ: I would agree
with that.
SENATOR GENTILE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you.
Through you, Mr. President, if the sponsor
would yield to a question.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield for a question?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
I think, following through on the
conversation that's been taking place here,
5561
how would we ever prove the intention of the
passenger in a car who was killed? Because,
in fact, they're dead. So I was just curious
what your response would be to if in fact, as
Senator Kuhl was trying to raise, that there's
a difference in this -- how would we ever
know?
I suppose if I was the drunk
driver, I would always make the argument that
it was the other person's decision to get in
the car with me. But since they were
deceased, they would have no basis.
So assuming you could amend your
bill to take this into account, what could we
do to assure that we ever knew what the intent
of the passenger was?
SENATOR MAZIARZ: I don't know
that you could do that, Senator.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
November.
5562
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: I'm going
to vote in the negative, and for this reason.
Obviously drunk driving is a very
serious offense. But what it's being asked to
be labeled now is a violent felony offense.
It was only a few years ago when there was no
such thing as vehicular manslaughter. It was
either a manslaughter charge, manslaughter in
the first or second degree, or it was
criminally negligent homicide. Vehicular
manslaughter is of very recent vintage.
I know we all want to be labeled as
the heroes to clean our streets from drunk
drivers, and everybody wants that to happen.
But comparing a homicide or a vicious rape or
other intentional-type crimes which are
violent felony offenses, I think it's a
stretch to assume someone who does not have an
intent to do harm but was doing it because he
disregards a known risk, that that really is
5563
the same culpability of a violent felony
offense.
And for that reason, I'm going to
vote no.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
2. Senators DeFrancisco and Kuhl recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Could we please call up Calendar
380 from the main calendar and then follow
with Calendars 1093 and 1094 from the first
active list for today.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 380.
THE SECRETARY: Calendar Number
380, by Member of the Assembly Stringer,
Assembly Print Number 9852B, an act to amend
the Public Authorities Law, in relation to
authorizing.
5564
SENATOR HEVESI: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested by
Senator Hevesi of Calendar 380.
SENATOR SKELOS: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
The Secretary will read Calendar
1093.
THE SECRETARY: Calendar Number
1093, by the Assembly Committee on Rules,
Assembly Print Number 11111A, an act to amend
the Public Authorities Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
5565
THE SECRETARY: Calendar Number
1094, by Senator Skelos, Senate Print 6635A,
an act to amend the Public Authorities Law, in
relation to authorizing the Dormitory
Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
could you reread Calendar 380.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 380.
THE SECRETARY: Calendar Number
380, by Member of the Assembly Stringer,
Assembly Print Number 9852B, an act to amend
the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
5566
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
would you please return to the regular order.
ACTING PRESIDENT MEIER: The
Secretary will continue to read in regular
order.
THE SECRETARY: Calendar Number
1505, by Senator Saland, Senate Print 7027, an
act to amend the Family Court Act and the
Social Services Law, in relation to combined
dispositional.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Dollinger has requested an
explanation of Calendar 1505.
SENATOR SALAND: Thank you, Mr.
5567
President.
Mr. President, this bill is a bill
which is intended to deal with permanency
planning of children who have been freed for
adoption. They have been freed for adoption
primarily under either Article 6, Article 10,
termination of parental rights, or pursuant to
some proceeding brought under Article 10.
What this is, is it requires within
60 days of the termination of parental rights
that there be the first permanency hearing to
be conducted by the court, and subsequently
thereafter at six-month intervals. What this
is about is more effective administration of
these permanency hearings, more effectively
providing planning for children, children who
have been freed for adoption.
This bill is at the request of the
judiciary. And the judiciary is seeking,
according to its own memo, more rigorous
judicial monitoring of cases involving
children freed for adoption, thereby
fulfilling the twin goals of expediting the
achievement of permanency for these children
and ensuring New York State's eligibility for
5568
federal foster care funding through its
compliance with primarily AFSA.
This bill is, I believe, an
agreed-on bill. I believe the Assembly is
doing this bill today as well.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1507, by Senator DeFrancisco, Senate Print
7308, an act to amend the Education Law, in
relation to excluding school athletic sports
officials.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, Senator Hevesi has requested an
explanation of Calendar 1507.
5569
SENATOR DeFRANCISCO: Yes. In
the year 2000, Project SAVE was signed into
law. And this would require all prospective
school employees and applicants for teacher
certification to be fingerprinted and a state
and federal background check be done, a
criminal background check.
Last fall, school sports officials
were told that the fingerprinting requirement
has been interpreted to apply to referees,
umpires and judges. The reason I don't
believe that that's a fair interpretation and
should be clarified is that, first of all,
sports officials are generally independent
contractors and are not employees of a single
school district. They often work many
different schools and, many times, many
different school districts.
Who is to be responsible for
overseeing this particular procedure? There
are 16,000 officials statewide who are not
listed in any central database. There would
have to be, therefore, repeated background
checks, and that would be passed on to various
athletic programs.
5570
The reason fingerprinting, in my
mind, is not necessary is that these officials
are officiating games with many, many students
on a field or on a basketball court or on a
baseball field. They are not in unsupervised
settings with students. Each group of
students that are participating are supervised
by their coaches, presumably. And also the
events are observed by many, many different
spectators.
So I guess my point is that I don't
believe that the cost of performing this
fingerprinting, the difficulty in
administering it, in view of the fact that
these are independent contractors and in view
of the harm that is sought to be avoided is
not really real as far as sports officials are
concerned -- that this interpretation should
be changed by statute in order to eliminate
the requirement for this fingerprinting for
sports officials.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
5571
President. Would the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you. And
I appreciate your comments.
In your explanation you mentioned
that it was an interpretation of the Project
SAVE legislation, I believe you said by the
New York State Public High School Athletic
Association, that the legislation would
require referees and other officials. But the
way you phrased it, it seemed that it might
apply or it might not apply.
Can you just tell me what the
language was in current law that is in
dispute?
SENATOR DeFRANCISCO: I can't
give you the current law; I don't have it with
me. But it talks about all prospective school
employees and applicants for teacher
certifications. I don't know that the exact
wording says "officials." I don't believe it
5572
does.
The information I received from
this group who requested the bill was that
the -- it has been interpreted to apply to all
people involved with children in the schools.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
That language would certainly say
to me that anybody who is going to be an
employee would have to comply. I'm just
curious as to whether the original sponsors of
legislation intended to exempt the individuals
that your bill exempts.
SENATOR DeFRANCISCO: Well, these
individuals, as I said, are independent
contractors. They're not employees of the
schools. They're employed by some state
organization to -- and they're assigned to
5573
various games or various sporting events.
So I would think that since they're
independent contractors and they're not
employees or teachers of a school district.
That the reading of the -- that this is an
interpretation that's a misinterpretation.
But, since last fall, some of these
officials were being told that they have to
get fingerprinted, that's why I brought the
bill in.
SENATOR HEVESI: Thank you.
Mr. President, would the sponsor
continue to yield?
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Let me, Mr. President, just lay out
my concerns here without a lengthy line of
questioning. We've had other fingerprinting
bills come before us. I know that Senator
Saland and I had a lengthy debate about
whether or not we should exempt prospective
5574
employees who would be teachers, I believe it
was specified in the law, from the background
check temporarily in an emergency situation
when new hires had to come in to ensure that
there was proper coverage in the classrooms.
And I opposed that legislation, and
when I did, I cited -- and you'll forgive me,
I didn't know this bill was coming out or I
would have had the numbers -- cited some
numbers which showed that prospective
applicants to be teachers in New York City
showed an excessively high rate of positive
results in the criminal background check. I
remember it was well in excess of 15, it may
have been as high as 20 percent of people
applying to be teachers in New York City would
be denied because they actually had criminal
backgrounds.
And so I'm just wondering, doesn't
it seem logical to conclude also that some
reasonably high percentage of the 16,000
people who will come into contact -- and I
understand why you think that's different --
but some high percentage of the 16,000
officials, were we to do fingerprint checks on
5575
them, would come back that they were
criminals? And wouldn't you agree with me
that the ones who did should not be serving in
a capacity where they're in any way involved
with our kids?
SENATOR DeFRANCISCO: No. I
think there's a qualitative difference here.
Officials are not in classrooms
with kids. Officials are not there after
school hours with children, are not in a
situation where they would be alone with a
child. They're on a field with many
spectators, with coaches who are supervising,
with players who are not under their direct
supervision or control.
And I would think in such a public
activity as a sporting event that the purpose
behind the bill would not be served for
officials.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR HEVESI: Thank you.
5576
Through you, Mr. President.
Do you have any idea how many
individuals are currently employees in
education positions in New York State that
have undergone the criminal background checks?
SENATOR DeFRANCISCO: I do not
know that.
SENATOR HEVESI: Mr. President,
would the sponsor yield to a final question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR HEVESI: Thank you.
The one thing that struck me in
your comments and in your memo in support was
the one sentence that "tracking the assignment
of all officials within the assigned sections
of the New York State Public High School
Athletic Association would be a monumental
task, as there's no present database for
officials in any central location."
So does that mean that the New York
State Public High School Athletic Association
doesn't know who these 16,000 people are who
are operating within its different areas
5577
throughout the state?
SENATOR DeFRANCISCO: Oh, I'm
sure they know who they are and what areas
they operate in. But they do games for
different school districts, different -- who
would be responsible for getting the
fingerprint checks in the schools?
The point is, does every school
have to make sure that when this official does
one game out of 11 that that official has been
properly fingerprinted? Whose responsibility
would it be to do the fingerprinting? Because
it's the school districts, is the way I
understand it presently. But what school
district would be responsible for what
official?
And it applies -- not to digress,
but since they are independent contractors,
it's somewhat similar to anyone going into the
school to fix the HVAC system or someone going
to bring in a series of schoolbooks that the
school district contracted with. If you
expand the bill to independent contractors,
there's no logical reason why any and all
people who deal with school districts
5578
shouldn't be fingerprinted as well.
And that's the distinction I think
the bill makes.
SENATOR HEVESI: Mr. President,
would the sponsor allow one final question?
My final, final question.
SENATOR DeFRANCISCO: I will
yield to a second final question.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR HEVESI: Thank you. It
seems -- Mr. President, I withdraw the request
to have the sponsor yield. Let me just speak
on the bill briefly.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you.
I'm a little troubled by this bill.
I think I know why we're looking to do this,
although the notion that the referees and
judges and other people who are officiating at
sporting events are always going to be in a
situation where they're supervised and
therefore shouldn't be fingerprinted has some
weight.
5579
But we still have to weigh that
against the potential, the very real potential
that some of those 16,000 school officials, I
am sure, if we did background checks on them
right now and there was a provision which
would prevent somebody from having a criminal
background of a certain nature and being with
our children in that capacity, that those
individuals would be ineligible if we went and
did this.
So I don't know why we wouldn't err
on the side of caution here. And if the
Public High School Athletic Association --
which I'm pretty sure has to license a
referee. There must be some qualification for
an individual to be able to go in and
officiate in public schools -- that that
association can put themselves in compliance
with the current law by mandating that people
who are eligible to participate in any event,
regardless of what school they're
participating in the event in or how many
games they're participating in, that those
individuals, if they're licensed and
authorized, should be fingerprinted.
5580
I want to fingerprint everybody,
Mr. President, whoever comes into contact with
our children, whether or not they are
supervised, whether or not these individuals
may, the predominant amount of time, also have
other individuals supervising them. Let's err
on the side of caution in this.
I don't know why this should be a
cost issue. I think we can get over the
administrative hurdles. And just logic
dictates that some of these people are going
to have criminal backgrounds. And I don't
think anybody, any parent, certainly, would
want their child to be on basketball team
where the individual who's officiating the
game has committed a felony or a violent
felony.
Not a huge problem, but I think
maybe we should err on the side of caution.
So I'll oppose the bill.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Senator Hevesi,
can I ask you a question, please?
ACTING PRESIDENT MEIER: Senator
5581
Hevesi, do you yield to a question from
Senator Volker?
SENATOR HEVESI: I'd be happy to
yield.
ACTING PRESIDENT MEIER: Senator
Hevesi yields.
SENATOR VOLKER: I believe that
you participated in high school sports, just
as I did, didn't you?
SENATOR HEVESI: I did.
SENATOR VOLKER: Mr. President,
through you. The officials that refereed
games and the umpires, they were not really
employees, is this correct, of the school but
were really hired by the league or whatever to
handle those games, but indirectly were
employees of the school, isn't that correct?
SENATOR HEVESI: Well, my
understanding of it is that in New York City,
with the Public School Athletic League, that
the money that financed the refereeing
operations came from taxpayer-levied funds
that were distributed and disbursed by the New
York City Board of Education.
SENATOR VOLKER: Thank you.
5582
That's what I wanted to know. Because that's
not the way it works upstate, that's my
understanding.
And if I might, on the bill, very
quickly. That's the reason I asked that
question.
SENATOR HEVESI: Thank you.
SENATOR VOLKER: It's my
information -- and I played a bunch of sports,
baseball and basketball and football and so
forth. Upstate, particularly in upstate
New York, the people are generally, as I
understand it, are not even paid for by the
league. At least in the days I played
baseball or basketball, they were not
employees of the school. But indirectly they
were employees of the school, because the
schools that the games were played paid these
people as officials.
The problem with having these
people do fingerprinting is who really gets
their fingerprints. Is it the school when
they play the game? Is it the league?
Because the league really doesn't generally
hire these people. At least they didn't years
5583
ago.
The difficulty here was that if you
read the law that we passed, technically
they're education officials. But they're
really not officials of any one school
district, in most cases, because they deal
with all the schools in the whole area.
The bigger problem is -- and this
is particularly true with umpiring. Because,
frankly, I was asked to umpire some games
after I left because they were having such a
devil of a problem getting anybody to umpire.
Because it doesn't pay much. I mean, it's
more people that were just dedicated to do it.
And Bill Stachowski I know did it. Of course,
neither one of us have done it recently. But
I did it in the past.
But I have to tell you, very
honestly, these are not school officials.
They really aren't. And the problem with
having these people fingerprinted is the very
difficulty that we worried about when we first
looked at the fingerprinting of all school
employees.
Now, the schools -- the leagues --
5584
for instance, take the Catholic league that I
was part of. We knew just about all the
officials. And frankly we knew all their
backgrounds. Of course that was years ago,
I'm the first to admit it.
But I think the real problem is
here I'm not sure who would ask these people
to take their fingerprints, who would actually
do it. It would probably be the league, I
guess. It wouldn't be an individual school
district, I don't think.
So my personal opinion is that I
think Senator DeFrancisco's bill -- and I by
the way agree with you that we should err on
the side of caution. But in this case, these
people are people who all they are is they're
right out there in the public. They're like
John Cahill is when he, you know, referees
college basketball games. I mean, he's an
official too, and so forth.
And we've got to check, by the way,
and see if he was fingerprinted. We think he
was, so don't worry about that.
But in any case, I just think this.
And I understand what you're saying, but I
5585
have to say that I think that John's bill
points out the danger that you have when you
try to fingerprint everyone, whatever
connection they have, because frankly you'll
run into terrible administrative problems.
ACTING PRESIDENT MEIER: Senator
Stachowski, why do you rise?
SENATOR STACHOWSKI: I would like
to know if Senator Volker would yield for a
question.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield for a question from
Senator Stachowski?
SENATOR VOLKER: Yes. Certainly.
SENATOR STACHOWSKI: Senator
Volker, wouldn't you agree, though, that the
way some of these people officiate is almost
criminal?
(Laughter.)
SENATOR VOLKER: You know,
Senator, there's a great deal of truth to
that. And the more I think of it, maybe we
should fingerprint some of these people.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
5586
McGee.
SENATOR McGEE: I wonder if the
sponsor might yield for one question, please.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR McGEE: Realizing, of
course, that the fingerprinting of athletic
officials was done through the Safe School Act
and the purpose of that, of course, was to
provide safety for the children, and realizing
of course the issues and problems that the
officials are saying that they're going to
have, can you give me any indication what
school has not been able to find an official
to officiate at any game because they have not
been fingerprinted?
SENATOR DeFRANCISCO: I don't
know how many -- I'm sure there is none that
have not been able to officiate because they
have not been fingerprinted.
But the fact is, there's an
interpretation of the law that I believe is a
5587
misinterpretation and that it should be
clarified so that overzealous district might
not do that in the future.
SENATOR McGEE: Meaning leaving
themselves open for liability of any type?
SENATOR DeFRANCISCO: That's
correct. If there is an interpretation that's
incorrect and a school district excludes an
official, that's wrong.
If someone then otherwise brings
the issue up why has this individual not been
fingerprinted, there has to be an
interpretation of the bill. If there's
confusion, we should straighten it out.
And by the way, before I forget --
I've been meaning to say this every time I
stand up -- this is not a one-house bill.
Harvey Weisenberg has it in the Assembly.
SENATOR McGEE: Do you continue
to yield?
SENATOR DeFRANCISCO: Yes.
SENATOR McGEE: And I realize --
and I intend to support the bill. I just have
another question on the fact that there seems
to be the indication that the official at the
5588
athletic event never has any contact with the
individuals players, et cetera, et cetera.
Is there not -- does not every
school have locker rooms where after the game
the opposing team goes and has a shower and
the home team goes and has a shower? Do the
referees, at boys' or girls' basketball games,
do they have separate showers also?
SENATOR DeFRANCISCO: I can only
go to my athletic days, since everyone is
touting their athletic abilities here, and
that is there was always separate rooms for
officials that I know of. I don't know of any
situation where any adult is in a locker room
or a shower with a kid after a game.
And once again, it's not only the
fact that there are generally hundreds of
people watching and coaches supervising that
makes this different than a teaching
situation, but they are independent
contractors. If you want to be consistent
with your rationale --
ACTING PRESIDENT MEIER: Just a
second, Senator DeFrancisco.
Can we have some order in the
5589
chamber. If you have a conversation that you
really need to have, take it outside.
Senator DeFrancisco.
SENATOR DeFRANCISCO: If you want
to be consistent with your rationale, every
food supplier that brings food into a school
district, independent contractor, they have
access to the students. The students are
around when they bring the food in or do some
work on the HVAC system or any of many
different activities where the school
districts pay for it, out of taxpayers' money,
but they're independent contractors.
You can expand this to just about
anyone by the logic that anybody who's around
a student at any time should be fingerprinted.
And I don't think that's the intent of the
bill.
SENATOR McGEE: Mr. President, on
the bill, if I may.
ACTING PRESIDENT MEIER: Senator
McGee, on the bill.
SENATOR McGEE: I don't think
there's any question that when we drafted and
crafted the bill for safe schools that our
5590
intention was to provide safety for the
children. And one of the things that we would
look at would be the safety when children are
involved in any kind of an athletic event.
And that would include, of course, officials,
be that as they may that they may be
contractors on their own.
I can understand what Senator
Volker is saying. I can understand what
Senator DeFrancisco is saying, that there is a
question of whether they are independent
contractors. And I can see the terrible
hurdles these people would have to go over to
be able to be fingerprinted; i.e., who would
fingerprint them, where would the fingerprints
be, et cetera, et cetera.
I understand the issues that are
involved in this. I think that the purpose
behind it was for safe children. And I will
support the bill. But there is, I think, a
question involved in the safety for our
children.
ACTING PRESIDENT MEIER: Senator
Stachowski, why do you rise?
SENATOR STACHOWSKI: Would
5591
Senator McGee yield for a question?
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Sure.
SENATOR STACHOWSKI: Senator,
would you mind if I gave you an answer to the
question you asked Senator DeFrancisco about
where the officials go after the game?
SENATOR McGEE: Sure.
Absolutely.
SENATOR STACHOWSKI: Even in the
smaller Catholic schools, normally every place
where there's athletic teams, the coaches have
a locker room with a shower in it. And that's
where the referees go, separate from all the
teams. And they don't even let the parents go
talk to them after the games.
SENATOR McGEE: Thank you very
much for clarifying that.
SENATOR STACHOWSKI: You're
welcome.
ACTING PRESIDENT MEIER: Senator
Saland.
SENATOR SALAND: Mr. President,
would the sponsor yield for a question?
5592
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SALAND: I apologize to
Senator DeFrancisco, I didn't hear his opening
remarks. And I'm curious to know the context
within which this has arisen. And I'll make
it perhaps even easier.
Has this problem come to your
attention because there's an allegation that's
being applied sporadically or erratically to
some referees and not all, or it's being
applied to referees or sporting officials
uniformly and it shouldn't be at all?
SENATOR DeFRANCISCO: The request
came from whatever the statewide organization
is, I've got it printed here someplace. And
the rationale is that this is an
interpretation of the bill where some school
districts and some school districts aren't
requesting that the officials be
fingerprinted.
And that interpretation I don't
believe is the logical interpretation of the
bill. They are not employees of the district,
5593
they're not teachers, they are not individuals
to which the bill I believe was intended to
apply. So that interpretation has been made
differently in different districts.
And also, since officials officiate
in different districts and also in different
conferences, the question arose as to who
would actually do the criminal fingerprinting
and who would maintain the records of that
printing, since it's not any specific school
district to which that individual is assigned,
being an independent contractor.
SENATOR SALAND: Thank you,
Senator.
I must say just initially that I'm
rather disappointed that the Senate Children
and Families Committee didn't have the
opportunity to review this bill. That in fact
they would have welcomed the opportunity to do
so, because we were certainly very much
involved in the legislation requiring
fingerprinting of school employees.
And as I listened to Senator
DeFrancisco and others, certainly the intent
of this bill was not only to deal with school
5594
employees, but it was really also intended to
deal with those figures who schoolchildren
might be in contact with who were people who
were in positions of authority, people who
might be those to whom young people and
schoolchildren might respond to that
authority, might in fact rely upon that
authority and repose a degree of trust in that
authority.
I can say quite candidly that in
all of the discussions we had over the nearly
three years within which we dealt with this
subject, there was never any discussion
dealing with the subject of the status of
sports officials.
Nonetheless, having said that, I
would have welcomed the opportunity to
consider, within the context of the
responsibilities of the committee, whether in
fact the interpretation of the Ed Department
was in fact the proper interpretation.
I would be troubled by an irregular
application of this in some quarters to
referees or sports officials and in other
quarters not. I think it should be uniform.
5595
The question that is being placed before us
today by Senator DeFrancisco is that it should
be uniform, but not at all. And I would have
welcomed the opportunity, as I said, to
reflect upon that a bit longer that, you know,
a late-session calendar with a bill coming
out.
I have reservations really about
this measure. And quite candidly, I think it
would be an abrogation of my responsibilities
as the chairman of the Senate Children and
Families Committee and the role which I had in
the underlying legislation to support this
bill. And I will therefore be voting in the
negative.
Thank you.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I request
that -- to see whether or not Senator Saland
would yield to a question.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
5596
SENATOR DeFRANCISCO: You had
indicated in your comments a moment ago that
the bill applied to employees of school
districts and we intended to have it apply to
figures of authority. Isn't it true that
there is no such language in the bill that
says "figures of authority"?
SENATOR SALAND: That's
absolutely correct, Senator.
SENATOR DeFRANCISCO: So the bill
does apply to employees of a school district;
correct?
SENATOR SALAND: Correct.
SENATOR DeFRANCISCO: So in the
event that someone is interpreting this bill
to apply to independent contractors, they
would be wrong; correct?
SENATOR SALAND: I think it would
depend upon the nature of the independent
contractor. I don't have the bill in front of
me.
We certainly didn't intend it to
cover the soda vendor who came in and filled
the soda machine every week. We didn't intend
it to apply to the delivery personnel who
5597
might have dropped off packages of paper or
supplies.
We were concerned about abuse of
authority. And we dealt in the context, as
you have rightfully pointed out, of school
employees. And whether our definition was
broad enough to encompass these school
officials, off the top of my head I can't tell
you, Senator.
But you're absolutely correct when
you say that the bill was intended to deal
with school employees. And I do understand
the argument that you've made that these
people are compensated not as school
employees, but they're compensated
independently.
SENATOR DeFRANCISCO: Okay. I
have no further questions. But I'd just like
to speak further on the bill.
Senator Saland also mentioned in
his comments that there was never any
discussion in over three years about school
officials. And it seems to me that if school
officials were intended to be included, there
would have been at least some discussion about
5598
it. And the language is obviously unclear,
since the sponsor is not sure whether this
position of authority was even considered.
So therefore, the purpose for the
bill was to clarify this situation. And I
know others may differ. But in my judgment,
in view of the independent contractor status
and the lack of direct contact with kids,
other than in very, very supervised and very,
very public areas, these officials should not
be included.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Can I ask the sponsor to please
yield?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, will you yield for a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I'm not clear on one point. Maybe
if you can do us all a service and clarify
5599
this. The suggestion was advanced here that
even if everybody agreed that the school --
the sports officials should be fingerprinted,
that we have an insurmountable obstacle to
doing that for administrative reasons. And
I'm not convinced that that's the case.
So my question to you is, if I
wanted to, as Senator Volker had suggested, be
an umpire in public -- for public school
sporting events, baseball games, upstate
New York, do I not have to be licensed or
sanctioned by the New York State Public High
School Athletic Association?
SENATOR DeFRANCISCO: You have to
be sanctioned by somebody. I don't know what
the sanctioning authority is.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Through you --
SENATOR DeFRANCISCO: Excuse me.
There's no -- I've got an expert witness here,
5600
a Big East official who happens to be counsel
to this body.
I was informed that there's no
state sanctioning organization. They're local
sanctioning organizations that are not
sanctioned by the State of New York.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Am I then to understand that the
New York State Public High School Athletic
Association is the umbrella organization
beneath which all of the local public school
athletic organizations report?
SENATOR DeFRANCISCO: That's my
understanding, but I can't say for sure.
And I guess in direct answer to the
other question about the insurmountable
burden, that is a secondary reason for my
bill. Even if -- I understood what you said
5601
before, that we don't care what the cost is,
it's important enough to do it. And I can't
disagree with you. There's no reason why it
can't be done. This is one of the reasons
given by this organization.
My reasons for the bill were the
reasons I've cited earlier.
SENATOR HEVESI: Thank you.
Mr. President, would the sponsor
continue to yield?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
One more issue I'd like to raise
that has not yet been raised, because we've
covered the administrative aspect, the
discourse with Senator Saland.
But the central argument here that
you have made is that it's really not
necessary to have these individuals
fingerprinted because, though some of them
might wind up having criminal records, there
5602
is always somebody else around to supervise
them.
The point that I would make to
somewhat dispute that is that when I
participated, as Senator Volker brought up, as
a member of the men's basketball team in high
school, very often the type of contact that
came between the referees in basketball games
and the players was physical contact, with
referees separating players who may have had
an altercation, with fights breaking out, with
hotheaded players who were disputing calls and
what have you.
And I'm sure the same is true with
other sports, particularly football, where my
concern is that you need these individuals who
are directly supervising players, in a highly
competitive, charged, adrenaline-flowing
environment, you need the referees and the
umpires to be the most cool, level-headed
individuals.
And it would seem to me that those
who have in the past committed criminal acts
might not be the best people we want in that
position. And that would be another reason
5603
why I'm uncomfortable with this bill.
What do you think about that?
SENATOR DeFRANCISCO: I think
there's just as much a chance of some lunatic
officiating a game that has a perfect record
with no criminal convictions, no traffic
tickets, because it depends on the demeanor of
the individual. And you no doubt have run
into officials, coaches and other players that
acted very inappropriately and had a wonderful
criminal record.
But whatever is happening on that
field or on the basketball court is being
observed by hundreds of eyes. And that
inappropriate activity, whether it's a
criminal record behind it or just a very
immature or irrational human being, it's going
to be observed and taken care of.
SENATOR HEVESI: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President.
I would with great respect dispute
5604
Senator DeFrancisco's assertion that a pool of
officials who had engaged in criminal conduct,
as compared with a pool of officials who had
never engaged in criminal conduct, were no
more likely to exhibit behavior that is
inappropriate or that is reflective of bad
judgment.
I would suggest that those
individuals who have engaged in criminal
conduct and have been convicted are certainly
more likely to engage in conduct that is
questionable, that is intemperate, perhaps.
Again, I'm going to oppose this
bill. I don't know why we couldn't, if
everyone in this chamber agreed that we
should -- which I know this is disputed, but
if everybody in this chamber agreed we should
fingerprint everybody coming into contact with
kids in public schools in any way, shape, or
form, I don't at all buy the argument that we
could not administratively do it. Sure we
could do it.
We'll find out who the sanctioning
body is. If not, we'll create one. We'll
create a mechanism, we'll have the school
5605
districts report to the State Education
Department. And I could write the bill.
But I believe that everybody, if
you want to be a referee or an umpire, you
need to have certain skills. You need to have
passed the tests, showed proficiency in your
sport and have actually gone ahead and
participated in those activities. And so
there is a sanctioning body.
So for two reasons, Mr. President,
(A) I believe it's administratively
permissible, and (B) you don't want to have a
situation -- I'm going to draw an imperfect
analogy here to conclude. We just had a
situation where a teacher in New York City, a
substitute teacher, with nobody else in the
classroom -- that's why this is not a good
analogy -- assaulted 20 kids with a broomstick
and injured some of these kids so badly they
had to go to the hospital. That individual
had been fingerprinted, he had undergone a
background check, and he did not have a
criminal background.
But I submit to you that if that
individual or a referee upstate who is
5606
involved in some type of altercation who had
not been fingerprinted, if that hypothetical
individual winds up doing something in any way
comparable to what this individual did in
New York City -- and as Senator DeFrancisco
asserted, there is -- and I disagree with
this, but if you believed him instead of me,
those two individuals might be equally as
likely to commit an unreasonable action --
then wouldn't we have been remiss if we didn't
require the testing of that individual who
winds up assaulting somebody as a referee?
Wouldn't we be remiss if we didn't
find out that they had in fact a history of
assaulting people? That's a protection that I
want to afford to parents of children and to
my kids when I have my kids.
So with respect to Senator
DeFrancisco -- and I very much appreciate the
time and the discourse. This was a good
debate. It was a bipartisan debate, which is
something that we don't see here very often.
It's healthy. Now we can all make an informed
decision. My decision on this will be to vote
in the negative.
5607
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed, then.
Read the last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
McGee, to explain her vote.
SENATOR McGEE: Mr. President, to
explain my vote.
I am fully aware of the fact of the
importance of officials at athletic events,
and particularly in the rural area. And I
would suspect, quite honestly, in the rural
area most of the officials that officiate at
the football games, basketball games, soccer
games are individuals who we in fact know, and
are family members, and are well-known
throughout the area. So for us to say that we
need to have a fingerprint on those
individuals is something that I think is
probably ridiculous, because we all know who
5608
those people are.
I do believe that we are all
concerned with the safety of our children and
anybody who comes in contact with our
children. I'm glad to hear Senator Stachowski
indicate the arrangements of the facilities
for basketball games or any kind of athletic
team.
I do support this bill. I think
that we need to have the officials available
because sports are so important in any school,
because it does make, indeed, a well-rounded
young person as they come forward to become a
productive part of life.
Again, I do think that perhaps the
officials themselves may wish to look at some
type of policing, if you will, within their
own ranks. So with that, please, I will vote
in the positive for the bill.
Thank you.
ACTING PRESIDENT MEIER: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1507 are
Senators Balboni, Bonacic, Fuschillo, Gentile,
5609
Hevesi, Larkin, LaValle, Marcellino, Morahan,
Padavan, Rath, Saland, Spano, and Velella.
Also Senator Trunzo. Ayes, 45. Nays, 15.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: Senator
Morahan, we have some substitutions to make.
SENATOR MORAHAN: Can we do them,
please.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I had just wanted to go
back to 1494. And I would like to have
unanimous consent to be recorded in the
negative on Calendar 1494, Print Number 1228A.
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar 1494.
The Secretary will read the
substitutions.
5610
Just a moment. Senator Dollinger,
why do you rise?
SENATOR DOLLINGER: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1507.
ACTING PRESIDENT MEIER: Would
you repeat the calendar number again, Senator.
SENATOR DOLLINGER: 1507. It's
the last bill we did.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 1507.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 12,
Senator Padavan moves to discharge, from the
Committee on Rules, Assembly Bill Number 7029A
and substitute it for the identical Senate
Bill Number 4748A, Third Reading Calendar 291.
On page 15, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8409 and substitute it
5611
for the identical Senate Bill Number 4248,
Third Reading Calendar 392.
On page 25, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5771A and substitute it
for the identical Senate Bill Number 6929,
Third Reading Calendar 666.
On page 26, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9559 and
substitute it for the identical Senate Bill
Number 5228, Third Reading Calendar 683.
On page 26, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9672A and substitute it
for the identical Senate Bill Number 3707A,
Third Reading Calendar 691.
On page 31, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4343A and substitute it
for the identical Senate Bill Number 1769A,
Third Reading Calendar 808.
On page 35, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10455A and substitute it
5612
for the identical Senate Bill Number 6571,
Third Reading Calendar 896.
And on page 54, Senator Volker
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11678 and
substitute it for the identical Senate Bill
Number 7453A, Third Reading Calendar 1280.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Leibell.
SENATOR LEIBELL: Mr. President,
I ask for unanimous consent on Calendar 1507
to be recorded in the negative.
ACTING PRESIDENT MEIER: Without
objection, Senator Leibell will be recorded in
the negative on Calendar 1507.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Senator Wright, I believe, may
have a motion.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Thank you, Mr.
President. I wish to call up my bill, Print
Number 7139A, recalled from the Assembly,
5613
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1295, by Senator Wright, Senate Print 7139A,
an act to amend the Vehicle and Traffic Law.
SENATOR WRIGHT: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR WRIGHT: Thank you.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. There will be an immediate
conference of the Majority in the Majority
5614
Conference Room.
ACTING PRESIDENT MEIER:
Immediate conference of the Majority in the
Majority Conference Room.
SENATOR MORAHAN: And the Senate
will stand at ease.
ACTING PRESIDENT MEIER: Senator
Ada Smith.
SENATOR ADA SMITH: There will be
an immediate meeting of the Minority in the
Minority Conference Room, soon to be Majority.
(Laughter.)
ACTING PRESIDENT MEIER:
Immediate conference of the Minority in the
Minority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:27 p.m.)
(Whereupon, the Senate reconvened
at 6:52 p.m.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, may I have
unanimous consent to be recorded in the
affirmative on Calendar Number 1494, please.
5615
ACTING PRESIDENT MEIER: That was
in the affirmative, Senator?
SENATOR KUHL: Correct.
ACTING PRESIDENT MEIER: Senator
Kuhl will be recorded in the affirmative with
regard to Calendar 1494.
SENATOR KUHL: Thank you.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR SKELOS: And I believe
there's some housekeeping at the desk.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Mr. President,
on page number 5 I offer the following
amendments to Calendar Number 69, Senate Print
Number 4899B, and ask that said bill retain
its place on the Third Reading Calendar.
5616
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR WRIGHT: Mr. President,
on behalf of Senator Saland, on page number 61
I offer the following amendments to Calendar
Number 67, Senate Print Number 3434, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR WRIGHT: Mr. President,
on behalf of Senator Skelos, on page number 5
I offer the following amendments to Calendar
Number 66, Senate Print Number 2683B, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
The Senate will stand at ease.
5617
(Whereupon, the Senate stood at
ease at 6:54 p.m.)
(Whereupon, the Senate reconvened
at 7:03 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees,
there's a report of the Rules Committee at the
desk. I ask that it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7376, by Senator
Lachman, an act authorizing the assessor;
7612, by Senator Seward, an act to
amend the County Law;
7613, by Senator Seward, an act to
amend the County Law;
7614, by Senator Seward, an act to
5618
amend the County Law;
7633, by Senator Nozzolio, an act
to amend the County Law;
7639, by Senator Larkin, an act to
amend the County Law;
7647, by Senator Saland, an act to
amend the County Law;
7648, by Senator Kuhl, an act to
amend the County Law;
7649, by Senator Kuhl, an act to
amend the County Law;
7651, by Senator Leibell, an act to
amend the County Law;
7656, by Senator McGee, an act to
amend the County Law;
7660, by Senator Nozzolio, an act
to amend the County Law;
7661, by Senator Nozzolio, an act
to amend the County Law;
7662, by Senator Nozzolio, an act
to amend the County Law;
7762, by the Senate Committee on
Rules, an act to amend the Education Law;
And Senate Print 7767, by Senator
Espada, an act to amend the Correction Law.
5619
All bills ordered direct to third
reading.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the report of the Rules
Committee, noncontroversial.
ACTING PRESIDENT MEIER: With
regard to Supplemental Calendar 54C, the
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
1517, by Senator Lachman, Senate Print 7376,
an act authorizing the assessor of the County
of Kings.
5620
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1518, by Senator Seward, Senate Print 7612, an
act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5621
1519, by Senator Seward, Senate Print 7613, an
act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1520, by Senator Seward, Senate Print 7614, an
act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
5622
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1521, by Senator Nozzolio, Senate Print 7633,
an act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1522, by Senator Larkin, Senate Print 7639, an
act to amend the County Law, in relation to
wireless communications services surcharge.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5623
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1524, by Senator Kuhl, Senate Print 7648, an
act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1525, by Senator Kuhl, Senate Print 7649, an
act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT MEIER: Read the
last section.
5624
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1527, by Senator McGee, Senate Print 7656, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1528, by Senator Nozzolio, Senate Print 7660,
an act to amend the County Law, in relation to
5625
wireless communications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1529, by Senator Nozzolio, Senate Print 7661,
an act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
5626
THE SECRETARY: Calendar Number
1530, by Senator Nozzolio, Senate Print 7662,
an act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1531, by the Senate Committee on Rules,
Senate Print 7762, an act to amend the
Education Law, in relation to the definition
of financial dependent.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
5627
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1532, by Senator Espada, Senate Print 7767, an
5628
act to amend the Correction Law, in relation
to good behavior allowances.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
SENATOR CONNOR: Party vote in
the negative.
SENATOR SKELOS: Party vote in
5629
the affirmative.
SENATOR CONNOR: Mr. President,
to explain my vote.
ACTING PRESIDENT MEIER: Senator
Connor, to explain his vote.
SENATOR CONNOR: Thank you, Mr.
President.
I don't know whether this is
Rockefeller reform light or what. But the
problem with this bill is it only addresses A
felons.
It does a good thing in the sense
that it permits those who have been sentenced
under the Rockefeller Drug Laws for an A
felony to have their sentences reduced, to
apply for resentencing. The problem is it
doesn't address the B and C felons who are
lower-level offenders under the Rockefeller
Drug Laws. It's conceivable that someone
convicted of a B felony could end up doing
more time than someone convicted of an A
felony under this bill.
The bill lacks, frankly, the appeal
that last week's bill could have had. Some
more conservative members last week voted for
5630
the bill last week because it enhanced
penalties for drug kingpins and it was tougher
on major drug kingpins.
This has nothing about that. So if
you're a conservative, you're not doing
anything in this bill other than relaxing
penalties for the highest offenders under the
Rockefeller Drug Laws.
And if you're a more progressive
person who wants to provide for treatment,
alternatives, diversions and generally reduced
penalties for nonviolent drug offenders at the
B and C level, there's nothing in this.
My fear, Mr. President, is if this
passes, if it ever became law -- and I doubt
that it will in this form -- the whole impetus
for reform will go away, and about 30 people a
year will be helped.
The advocates are against this. I
don't think the Assembly will take this up
because of these flaws.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just to
5631
explain my vote, Mr. President.
There's a wonderful scene in the
movie "Traffic" where Michael Douglas, who
plays the drug czar of the United States, gets
on a plane to go to Mexico. And as he's
flying down to Mexico in the plane, he's in
the middle of the plane and he turns around
and says to everybody: "Oh, by the way, we're
going to these big negotiations with Mexico
about drug trafficking. Where's the treatment
guy?"
And all these people on the plane,
there are about 15 people on the plane, they
all look around at each other and they realize
there's nobody there for treatment.
The problem -- the solution to our
drug problem lies in treatment. This bill has
nothing in it. The motto of those seeking to
change the Rockefeller Drug Laws has been to
"Drop the Rock." The only thing that this
bill does is drop the ball.
I vote no.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
5632
Mr. President. To explain my vote.
I think that the fact that this
bill, which is clearly a one-house bill --
which, as Senator Connor explained, would deal
with less than 100 people's problems in a
state with tens of thousands of people doing
time for drug crimes -- the explanation for
why we're doing this is pretty simple.
The advocates are coming to town
tomorrow to begin a campaign targeting the
Governor for his inaction on this issue, and
he's looking for some political cover. I hope
we will not give it to him. I am confident
the Assembly will not give it to him.
This is a serious issue that should
be addressed this year. A lot of people have
spent a lot of time and energy trying to get
the public's attention focused on the need to
reform these laws. We can do it. This bill
does not do it. And I think that it really is
a shame if we try and take this issue off the
table with such a transparent maneuver.
I vote no. I urge everyone to vote
no.
ACTING PRESIDENT MEIER: Senator
5633
Espada.
SENATOR ESPADA: Thank you, Mr.
President. To briefly explain my vote.
Indeed, last week we proffered,
through the Governor's program bill, a very
comprehensive response to the many problems
that have been articulated with respect to
Rockefeller Drug Laws.
Now, a couple of days later, we
find that indeed there was merit, that the
bill that we passed spoke to treatment, that
it spoke to sentencing restructuring, that it
spoke to enhancement for penalties for any
number of offenders. Now the other side finds
merit in what they voted against last time we
dealt with this matter.
At some point we have to stop the
rhetoric, stop the games with the English
language, whether we drop the ball, whether we
drop a rock. We're talking about building a
human face to this problem. And whether it's
100 or 800 or 1000 at a time, we have to move
forward.
So far in this house we've got
money behind the "Road to Recovery" in terms
5634
of treatment. So far in this house we've had
a comprehensive response to the problem that
has waited 30 years for a response. And today
we have a targeted response. Let's not play
with words. We're dealing with human beings.
We have a targeted response and an effort that
should be unanimously supported.
For those who talk about helping,
for those who talk about reforming, let's get
a yes vote for a change.
We thank you.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Very quickly.
And I'm not going to speak a long time because
I only have two minutes.
Very quickly, this is the
Rockefeller Drug Law reform. You can say all
you want, there is about between 800 and 900
people that are directly involved here, about
280 who are under A-1s. This gives every one
of those people an opportunity to have their
sentence reviewed. That's the Rockefeller
Drug Laws that's left.
I mean, we can talk -- I realize
5635
that we've had all this stuff about reform.
And I think we need some reform, by the way.
We're always talking -- people have been
asking for reform on the Rockefeller Drug
Laws. This is it. Does that mean we should
stop here, we should not do any changed --
some drug treatments and so forth? No.
But we're talking about the
Rockefeller Drug Laws, and this is really it.
I mean, the problem was that people got a
little carried away. Drug law reform? Yeah,
you can talk about that. But not Rockefeller
Drug Law reform. This is it.
This bill tonight, if it passes the
Assembly -- which it may well -- and is signed
by the Governor, will reform the Rockefeller
Drug Laws. And then we can go on from there
to talk about the rest of the drug laws and
the issue of drug treatment and so forth.
ACTING PRESIDENT MEIER: I want
to advise members we're going to do this, just
so the record is accurate.
Senator Connor announced the party
vote as the Secretary was starting the roll.
So I just want the record to be accurate.
5636
I'll ask the Secretary to call the roll.
(The Secretary called the roll.)
SENATOR CONNOR: Party vote in
the negative.
SENATOR SKELOS: Party vote in
the affirmative.
THE SECRETARY: Ayes, 36. Nays,
24. Party vote.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could at
this time, noncontroversial, take up
Supplemental Active List Number 2.
ACTING PRESIDENT MEIER: The
Secretary will read, with regard to
Supplemental Active List Number 2, the
noncontroversial calendar.
THE SECRETARY: Calendar Number
282, by Member of the Assembly Galef, Assembly
Print Number 5463A, an act to amend the
Election Law and the Public Health Law, in
relation to reports.
5637
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
December.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
776, by Senator Kuhl, Senate Print 6527, an
act to authorize the New York State and Local
Employees Retirement System.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
5638
THE SECRETARY: Calendar Number
786, by Senator Lack, Senate Print 2938, an
act to amend the Surrogate's Court Procedure
Act, in relation to allowing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Just a
second. I think everybody would like to get
out of here tonight, and it's going to be
helpful if we can hear.
The Secretary will continue to
read.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
978, by Senator Hoffmann, Senate Print 1741A,
an act to amend the Public Health Law, in
relation to the sale and possession.
5639
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1021, by Senator Maziarz, Senate Print 6800,
an act to amend the Real Property Tax Law, in
relation to exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
SENATOR MORAHAN: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5640
1030, by Senator Farley, Senate Print 7160, an
act to amend the General Municipal Law, in
relation to letters of credit.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1165, by Senator Mendez, Senate Print --
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1347, by the Assembly Committee on Rules,
Assembly Print Number 11553, an act to amend
the Local Finance Law, in relation to the sale
of bonds and notes.
ACTING PRESIDENT MEIER: Read the
5641
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1348, by the Assembly Committee on Rules,
Assembly Print Number 11552, an act to amend
Chapter 130 of the Laws of 1998, amending the
General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes
5642
Supplemental Active List Number 2.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, we
have some motions.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On page number 57 I offer the
following amendments to the Third Reading
Calendar, on behalf of Senator Volker:
Calendar Number 1454, Print Number 7574A.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Skelos.
SENATOR SKELOS: If we could just
stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 7:21 p.m.)
(Whereupon, the Senate reconvened
at 7:27 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
5643
Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk? Any substitutions
to be made?
ACTING PRESIDENT MEIER: No, we
have nothing at the desk for housekeeping.
SENATOR SKELOS: Then, Mr.
President, I'd like to announce that there
will be a meeting of the Rules Committee at
10:30 a.m. sharp tomorrow morning, that's
Thursday the 20th, in the Majority Conference
Room.
And there being no further
business, I move we adjourn until Thursday,
June 20th, at 11:00 a.m.
ACTING PRESIDENT MEIER: A
meeting of the Rules Committee tomorrow
morning, 10:30 a.m.
And on motion, the Senate stands
adjourned until tomorrow, June 20th, at
11:00 a.m.
(Whereupon, at 7:28 p.m., the
Senate adjourned.)