Regular Session - June 20, 2002
5644
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 20, 2002
11:05 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy, will everyone please bow
their heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, June 19, the Senate met pursuant to
adjournment. The Journal of Tuesday, June 18,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: The
Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
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Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Bruno, I move
that the Senate not concur in said amendments
and move to reconsider the vote by which the
bill was passed.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
138, by Senator Bruno, Senate Print 6265,
Assembly Reprint 30001.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, I believe the bill is to be
restored to the Third Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MARCELLINO: And I
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further move that said bill be recommitted to
the Committee on Rules.
ACTING PRESIDENT McGEE: Said
bill is recommitted to the Committee on Rules.
Senator Marcellino.
SENATOR MARCELLINO: On behalf of
Senator Saland, Madam President, I wish to
call up Calendar Number 245, Assembly Print
11197.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
245, by the Assembly Committee on Rules,
Assembly Print Number 11197, an act to amend
Family Court Act.
SENATOR MARCELLINO: I now move
to reconsider the vote by which this Assembly
bill was substituted for Senator Saland's
bill, Senate Print Number 5131B, on June 11,
2002.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR MARCELLINO: I now move
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that the Assembly Bill Number 11197 be
committed to the Committee on Rules and
Senator Saland's Senate bill be restored to
the order of the Third Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos, we have substitutions.
SENATOR SKELOS: Are there any
substitutions at the desk?
If we could make them at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 6,
Senator Hannon moves to discharge, from the
Committee on Rules, Assembly Bill Number 7366B
and substitute it for the identical Senate
Bill Number 2505B, Third Reading Calendar 141.
And on page 19, Senator LaValle
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moves to discharge, from the Committee on
Rules, Assembly Bill Number 6942D and
substitute it for the identical Senate Bill
Number 5618A, Third Reading Calendar 553.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
26, by Senator LaValle, Senate Print 2589A, an
act to amend Chapter 554 of the Laws of 1996
relating to creating.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
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is passed.
THE SECRETARY: Calendar Number
47, by Member of the Assembly Morelle,
Assembly Print Number 7426A, an act to amend
Chapter 912 of the Laws of 1920.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
131, by Senator Volker, Senate Print 3781A, an
act to amend the Civil Rights Law, in relation
to the confidentiality of personnel records.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
221, by Senator Morahan, Senate Print 6106A,
an act to amend the Volunteer Firefighters
Benefit Law, in relation to enacting.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
272, by Senator Farley, Senate Print 2964A, an
act to amend the Banking Law and others, in
relation to providing for banks.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
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is passed.
THE SECRETARY: Calendar Number
277, by Senator Leibell, Senate Print 3251A,
an act to amend the Education Law and the
Retirement and Social Security Law, in
relation to the applicable interest rate.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
334, by Member of the Assembly Colman,
Assembly Print Number 1632, an act to amend
the Real Property Tax Law, in relation to
including special district.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
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January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
457, by Senator Nozzolio, Senate Print 6444A,
an act to amend the Tax Law, in relation to
hotel or motel taxes.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
793, by Member of the Assembly Weinstein,
Assembly Print Number 10662, an act to amend
the Family Court Act, in relation to the
jurisdiction of the Family Court.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
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roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
829, by Member of the Assembly DelMonte,
Assembly Print Number 10731A -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
896, by Member of the Assembly Morelle,
Assembly Print Number 10455A, an act to amend
the Social Services Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
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is passed.
THE SECRETARY: Calendar Number
902, by Senator Trunzo, Senate Print 1236B, an
act to amend the Retirement and Social
Security Law, in relation to the additional
pension benefits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
928, by Member of the Assembly Cahill,
Assembly Print Number 9990, an act to amend
the Education Law, in relation to the
requirements of certification.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect 180 days.
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ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
941, by Senator Seward, Senate Print 5524C, an
act to amend the Insurance Law, in relation to
discontinuance.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
988, by Senator Hannon, Senate Print 4622B, an
act to amend the Surrogate's Court Procedure
Act, in relation to health care decisions.
SENATOR HEVESI: Lay it aside,
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please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1005, by Senator Velella, Senate Print 6863A,
an act to amend the Labor Law, in relation to
the reclassification.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1075, by Senator Morahan, Senate Print Number
6839, an act to amend the Public Health Law,
in relation to eligibility of veterans.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5658
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1079, by Senator Seward, Senate Print 6827A,
an act to amend Chapter 217 of the Laws of
2001 amending the Education Law.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1092, by Senator Skelos, Senate Print 6633A,
an act to amend the Public Authorities Law, in
relation to authorizing the Dormitory
Authority.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1114, by Senator Nozzolio, Senate Print 7196B,
an act to amend the Tax Law, in relation to
the imposition of additional taxes.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1234, by Senator Balboni, Senate Print 7202A,
an act providing for an exemption to certain
provisions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, to explain my vote.
ACTING PRESIDENT McGEE: Call the
roll.
5660
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: This bill would
recognize the heroic efforts of our
firefighters during all of the work that they
put in with regard to the September 11th
tragedy. Many of them had to work mandatory
overtime, enormous hours, at tremendous
personal sacrifice.
As a result of all those hours,
they were unable to participate in other
programs that would earn them points for the
retirement system. This bill now recognizes
the mandatory overtime and does not penalize
all that work, so they are able now to enjoy
those points that they otherwise would have
been eligible to receive.
Just one more recognition of our
great heroes. Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
5661
THE SECRETARY: Calendar Number
1262, by the Assembly Committee on Rules,
Assembly Print Number 11167A, an act to amend
the Public Authorities Law, in relation to the
Water Pollution Control Revolving Fund
Program.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1280, by the Assembly Committee on Rules,
Assembly Print Number 11678, an act to amend
the Civil Practice Law and Rules, in relation
to the form.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
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January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1309, by Senator Nozzolio, Senate Print 4525A,
an act to amend the Correction Law, in
relation to custody and supervision.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1384, by Senator Velella, Senate Print 7226B,
an act to amend the Workers' Compensation Law,
in relation to the presumption.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily.
5663
THE SECRETARY: Calendar Number
1392, by Senator Volker, Senate Print 5463, an
act to authorize the participation of the
County of Erie.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1421, by Senator LaValle, Senate Print 4647A,
an act to amend the Education Law, in relation
to the preparation, updating and provision.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5664
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1439, by Senator Larkin, Senate Print 7600, an
act to amend the General Business Law, in
relation to information statements.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1440, by Senator Seward -
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1482, by Senator Volker, Senate Print 7423A,
an act to amend the Criminal Procedure Law and
the Penal Law, in relation to the status of
Tax Department employees.
ACTING PRESIDENT McGEE: Read the
last section.
5665
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1491, by Senator Bonacic, Senate Print 7659,
an act to amend the Transportation Law, in
relation to establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1492, by Senator Johnson, Senate Print 7695,
an act to amend the Environmental Conservation
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Law, in relation to authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1493, by Senator Meier, Senate Print 7696, an
act to amend the Social Services Law, in
relation to the availability.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
5667
is passed.
THE SECRETARY: Calendar Number
1499, by Senator Maziarz, Senate Print 5788C,
an act to amend Chapter 55 of the Laws of
2002, enacting the transportation and economic
development budget.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1509, by Senator Trunzo, Senate Print 7426B,
an act to amend the Vehicle and Traffic Law,
in relation to the length of house coaches.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1511, by Senator Fuschillo -
5668
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1513, by Senator Seward, Senate Print 7723, an
act to legalize, validate, ratify and confirm
certain actions of the Dryden Central School
District.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1514, by Senator Meier, Senate Print 7725, an
act to amend the Public Service Law, in
relation to the siting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
5669
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1515 -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
221, by Senator Morahan, Senate Print 6106A,
an act to amend the Volunteer Firefighters
Benefit Law, in relation to enacting.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Yes, I'm going
to lay that aside temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
5670
THE SECRETARY: Calendar Number
457, by Senator Nozzolio, Senate Print 6444A,
an act to amend the Tax Law, in relation to
hotel or motel taxes.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
as we go through the day it would be extremely
important if the members on both sides of the
aisle could be in the chamber when their bills
are called up, and particularly during the
controversial calendar, so that we can move
and close today in sunlight.
ACTING PRESIDENT McGEE: Members
are reminded to be in the chambers at all
times.
Calendar Number 457 is laid aside
temporarily.
The Secretary will read.
THE SECRETARY: Calendar Number
829, by Member of the Assembly DelMonte,
Assembly Print Number 10731A, an act to convey
the right title and interest.
5671
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: If you'll lay
829 aside temporarily.
ACTING PRESIDENT McGEE: Lay 829
aside temporarily.
SENATOR SKELOS: And if we could
go back to Calendar 221, by Senator Morahan.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
221, by Senator Morahan, Senate Print 6106A,
an act to amend the Volunteer Firefighters
Benefit Law, in relation to enacting.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Yes, Madam
President.
This bill will allow fire companies
and others to donate equipment that has been
certified, retested, reapproved, to fire
companies in districts that may not have the
same resources. And this enables the giving
and donating agency some freedom, if you will,
5672
from worry about liability, even though there
are some liability changes.
The bill passed in the past, in
this session. However, there have been some
modifications. And we did modify the bill to
satisfy the fire companies plus others.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Morahan would yield for
a question.
ACTING PRESIDENT McGEE: Senator
Morahan, will you yield for a question?
SENATOR MORAHAN: I certainly do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, are
you suggesting by introducing this bill that
there's no standard of care for the donation
of any kind of equipment in these types of
situations, and that though it might be a rare
circumstance -- but this is what we do here in
the Legislature, we govern based on the
rarities of life.
The fact is that if you donated
5673
equipment of substandard quality, you could
actually be creating more harm than good, even
though it seems very altruistic.
SENATOR MORAHAN: I don't suggest
that at all, nor does the bill, Senator. This
bill just requires people to act reasonably.
But the equipment, before it can be
donated, has to be recertified up to
manufacturer's specifications. All safety
provisions would be implemented.
SENATOR PATERSON: Well, I'm
happy to hear that, Senator, because -- Madam
President, I'm sorry.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I'm happy to
hear that, Senator, because certainly we would
like to reward these types of donations.
Remember that in these types of donations
there are tax credits you can get for them,
and even tax write-offs.
And so all I'm saying is that if we
can demonstrate that the equipment is of
quality such that it can be used, that's fine.
But down the road, if there is a finding at
5674
some point that it was not, we've left injured
parties with no real remedy. And the parties
who possibly are injured should be weighed
just as heavily as the parties who perhaps
were trying to do something in good faith.
So it's really no way of
diminishing the value of the voluntary
allowance and the gift that's really being
made available. But at the same time, we do
understand that we have to protect those who
often are injured. And we can't come back and
tell them, "Well, we're sorry what happened to
you, but that was donated equipment and you
don't have an option at this point." And
that's what concerns me.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Well, through
you, Madam President, in defense of the bill,
and in explanation to Senator Paterson, this
bill does allow a remedy. If there is gross
negligence, if people act in a reckless way in
making that contribution, if there's a defect
that causes injury, damage, or loss resulting
from an act or an omission of the person or
5675
the agency making the contribution, then you
would have recourse in the courts.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, on the bill. I just think it's -
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: -- kind of
dangerous to allow for these types of
immunities. Because even though Senator
Morahan is right and he clearly, from some of
the previous bills, has taken a step in the
right direction -- I really thank him for
rethinking it and for this change in the
legislation. Not to this particular piece of
legislation, but from some of the other types
of bills that we've seen here.
But the fact remains, an inspection
at the time that the products are transferred
is one thing. But as we know, often there are
defects in a product that are not known until
some time after the fact. And that would
completely put anyone who was victimized by
that in a position of having no one to seek a
5676
remedy.
And while I think there are some
ways we could limit the recovery based on the
fact that this was voluntary, I still think
that we have to rethink the danger of granting
these sort of blanket immunities.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I concur with
the sentiments from Senator Paterson. I
appreciate Senator Morahan making some changes
in this bill that attend to the issue of due
care and when due care is exercised and what
happens when due care is not exercised.
Madam President, I voted against
the earlier iteration of this bill. I'm going
to vote against this version as well, because
I think Senator Paterson's words are
critically important.
And that is that we in this state
5677
have a system of civil law, of a tort system
that is based on a requirement that everybody
exercise reasonable care. The smarter that we
get, the more intelligent we get, the more
people sit at these meetings of fire districts
and fire companies -- and, Senator Morahan, I
agree with you -- what they say is: "Well, if
we take that piece of equipment, will we be
liable if something goes wrong with it?"
There are many people in this state
who think that that question in and of itself
is a bad thing. I'm one of those who
completely disagrees. I think that question
asked by everyone, every day that they are in
the workplace, every day that they're
providing services, is a good thing.
Because in essence what that
question means is that the people who are
making decisions are concerned about whether
they've exercised reasonable care and made
every effort to minimize the risk to our
citizens, whether they're driving on our
highways, whether they're in burning
buildings, whether they're in a fire hall
walking around on what could be a slippery
5678
floor.
I think that we are getting more
and more safety-conscious. I think one of the
reasons why we're doing that is because we
have a tort system that says if you don't
exercise reasonable care and somebody gets
hurt, you've got to pay them. I think that's
the right thing to do.
I think as a society we are getting
more careful about drugs, about equipment,
about all kinds of things, because the tort
system puts in a consciousness on behalf of
users that makes them safety preeminently
conscious. And I don't think that's a bad
thing.
I think whenever we waiver our
system of liabilities, when we raise the bar
to gross negligence, it will be much more
likely that people won't be paying attention,
that they won't be exercising due care, and
more people will get hurt.
I think, Senator Morahan, you're
moving in the right direction. I'm not
convinced you're there yet, at least for this
senator's vote. So I'm going to vote in the
5679
negative, Madam President. I think moving
away from the tort system is not what we
should be doing to protect our citizens from
defects in products of any type, whether
they're bought or donated.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Just to close,
Madam President.
We did take a look at the tort
impacts. We believe we have addressed that
issue. And we talk about safety. I wonder if
we think about the safety of the firefighters
who will have to fight fires, if we didn't
have a bill like this, with less than
satisfactory equipment, without the proper
resources. By getting these donations, we
help the firemen, we help those firefighters
that are going to go and save property and
save lives.
I fully understand that we don't
want to have anyone completely free of tort or
responsibility. I believe we've moved the
bill, according to the dictates of the last
debate and, you know, to get Assembly
5680
agreement, into the right direction. I
believe we have satisfied those standards that
gross negligence or not acting in a reasonable
manner or not having all the checks and the
inspections performed, then I think they would
be open for tort.
And I believe this bill is going to
help firefighters, not harm them. Thank you.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 30 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 221 are
Senators Dollinger, Duane, L. Krueger and
Stavisky. Ayes, 46. Nays, 4.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1439,
5681
by Senator Larkin.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1439.
THE SECRETARY: Calendar Number
1439, by Senator Larkin, Senate Print 7600, an
act to amend the General Business Law, in
relation to information statements.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT McGEE: Senator
Larkin, an explanation has been requested.
SENATOR LARKIN: Yes, Madam
President.
Richard, we had this bill last year
and the question came up about the forms that
were going to be used by the Department of
Agriculture and Markets. And after working
with the pet shops, the department, and a lot
of other interested persons up and down the
line, what we wanted to do was to have enough
flexibility that the document that they would
be receiving as a pet owner purchasing
something new would be a form that we could be
using throughout the state.
But the Department of Ag and
Markets wanted enough flexibility in the form
5682
that they would be using that would eventually
come back to the department. And the pet
owners agree with it, the shops agree with it,
and the department in effect said okay, they
will agree to the pet owners, as long as
there's a certified document that can -
excuse me, Senator Fuschillo, just a little
bit to the left. Thank you.
What we're doing here is actually
tying our pet owners and their requirements
into a national level so that we won't have,
if you sell -- there are certain pets that you
would sell that you have to notify the
national, as your counsel is telling you. Now
they won't have to have two sets of forms,
they'll have one form, and that will be the
documentation.
SENATOR DOLLINGER: Explanation
satisfactory, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5683
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48. Nays,
2. Senators Duane and Hevesi recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
please call up Calendar Number 1079, by
Senator Seward.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1079.
THE SECRETARY: Calendar Number
1079, by Senator Seward, Senate Print 6827A,
an act to amend Chapter 217 of the Laws of
2001 amending the Education Law.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Seward, an explanation has been requested.
SENATOR SEWARD: Certainly, Madam
President.
Last year it was actually Chapter
217 of the Laws of 2001 included a requirement
that school districts install electrically
5684
operated -- when they do install the
electrically operated partitions or room
dividers, most commonly in the gymnasium to
divide the gymnasium, that at the time they
would need to have these equipped with safety
devices which will stop the motion of the door
partitions if there is any obstruction at all,
principally a child.
And it also calls for the schools
in the new construction to include these, but
also go back and retrofit existing door
partitions.
That was last year's bill. It was
to become a requirement that this be met on
August 29th of this year, which was one year
following the signature of the Governor.
What we are finding is that that
date is not practical. The rules and
regulations that are required from the State
Ed Department are imminent, and there is going
to be too little time between now and
August 29th for all the schools to comply.
Also the fact that all of the
schools are looking at doing this, and there
are only certain contractors that are
5685
available to do the work. So that is a
further problem.
In light of that, what this bill
would do would be to simply extend the time to
December 31st of 2002, and also would include
a further extension to June 1st of 2003 if the
school district certifies to the Commissioner
of Education that it's unable to fully comply
with the provisions of the act and that
request is granted by the commissioner.
So it's basically giving the school
districts a little more time to comply with
what I think is a very worthy measure that we
passed last year.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Will the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
Seward, will you yield for a question?
SENATOR SEWARD: Sure.
SENATOR HEVESI: Thank you, Madam
President.
Could the sponsor tell us, what was
the impetus for last year's legislation that
5686
we are amending, the chapter of which we are
amending today?
SENATOR SEWARD: Well, Madam
President, I got involved with this issue
because of a tragedy that occurred in the
Ithaca city school district where an
elementary school student was literally
crushed by the partitions in the gymnasium
coming together. And he unfortunately was
killed.
Therefore, as a result of that
tragedy -- and I think there had been at least
one other in the state a few years earlier.
And this is directed at attempting to make our
schools safer by this requirement.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: I appreciate
that answer. I'm actually holding your memo,
Senator, from the original chapter which cites
5687
the second tragedy or, chronologically, the
first tragedy, which was in 1991, a 9-year-old
girl was killed. And now we have this tragedy
last January where somebody else was killed.
And in fact, according to the memo,
there were -- the original death occurred
despite a 1992 law mandating that each school
set up partition-related safety protocols.
And it didn't require, evidently,
retrofitting, which was the impetus for last
year's piece of legislation.
So we've had two deaths so far, and
two legislative attempts, seemingly, to
prevent any future deaths. And now we're in a
situation where there's another piece of
legislation here that's going to extend the
time, ostensibly because the State Education
Department was unable to comply with the law
we passed last year.
And my question to the sponsor,
Madam President, is what's going on with the
State Education Department that they are not
able to promulgate regulations pursuant to
laws that we pass?
ACTING PRESIDENT McGEE: Senator
5688
Seward.
SENATOR SEWARD: Well, Madam
President, I can't speak for the State
Education Department.
I do know that the rules and
regulations are imminent. That there is the
further problem, as well, that we have all of
the school districts looking at the complying
to the law that we passed last year. And
there's also that practical problem, in
addition to the rules and regulations, of a
limited number of contractors that can do this
work. There's great demand which has been
created by the law that we passed last year.
All this measure would do would be
to provide some degree of reasonableness in
terms of the school districts being able to
comply with this requirement that we imposed
last year. Which, I might point out, is
aidable under the building aid program.
So I see this measure before us as
a reasonable attempt to make sure that our
schools are in fact safer. And it is setting
some additional deadlines, giving another few
months for the school districts to comply. I
5689
think it's a very reasonable approach, and I
urge passage.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Seward, will you continue to yield?
SENATOR SEWARD: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HEVESI: Thank you, Madam
President.
If one of the problems that
necessitates this bill is that there is demand
that exceeds the availability of contractors,
I infer from that that a whole slew of schools
in New York State, though certainly not all of
them, have gone ahead to try and comply with
the law last year.
That being the case, I don't
understand what regulations all the schools
who have not complied with are waiting for
from the State Education Department, if a
whole host of schools are able to comply.
ACTING PRESIDENT McGEE: Senator
Seward.
5690
SENATOR SEWARD: Madam President,
I would say this, that the school districts
have not yet moved forward. I did not mean to
imply that they have.
We are -- in our discussions with
the school districts and various organizations
that represent the school districts and the
school superintendents, through those
conversations, we are told that with the
initial inquiries that they have made in terms
of the availability of contractors for the
work to be done in the future to comply with
this requirement, that in fact we do
anticipate a crunch there, so that they will
need some more time.
It's not that the work has been
done, it's that they anticipate a crunch
because the initial inquiries indicate there
are only a few contractors that do this type
of work.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Hevesi asks for you to yield, Senator Seward.
SENATOR SEWARD: Certainly.
5691
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you, Madam
President.
I'm not trying to put the sponsor
on the spot here, but I am really concerned
that we are letting the State Education
Department off the hook and, in the process,
potentially compromising the safety of
schoolchildren. This is not being dramatic.
The impetus for these bills, this bill and the
law that preceded it, were that two kids died.
Because the safety provisions that
we required to be in place by August 29th of
this year, those provisions are not going to
be in place now.
And so my final question to the
sponsor, Madam President, is are you troubled
at all by the State Education Department's
inability to promulgate regulations to comply
with your law in such a serious, serious
situation?
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR SEWARD: Well, Madam
5692
President, I'm not sure I'd use the word
"troubled."
Certainly we in the original bill
gave one year for the school districts to
comply. In retrospect, perhaps that was too
aggressive a date, because there's a lot of
work to be done. It's not just the State
Education Department; all the school districts
have a lot of work to be done in terms of the
RFPs and the bidding process and approvals and
all of that.
So it's something that we
obviously, collectively, we'd like to see done
as soon as possible. I'll grant you that.
But there's a practical matter here, that
that's just not possible to be done by
August 29th of this year, so we're going to
extend it a few months.
I think that's a statement by this
Legislature that we definitely want this work
done because it's important for the safety of
the children. But we just as a practical
matter realize that they need a little more
time to do it, and so we're granting that
under this legislation.
5693
SENATOR HEVESI: On the bill,
Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Madam
President. I thank the sponsor for his
interest in this issue.
I'm not going to be a part of the
statement that the Legislature is making on
this issue today, because the statement that
we're making on this today is -- and we had
this issue arise yesterday. The statement
we're making, again, is it's okay not to
comply with laws that we pass. That's the
statement here.
And I find the argument that the
State Education Department could not come up
with regulations for new buildings and to
retrofit old buildings with partition motion
sensor devices, couldn't do that in a year's
time and have them installed, completely
unconvincing. I don't know why they can't go
ahead and do it, particularly on an issue that
is a life-and-death issue. We've had two kids
who have been killed by these partitions. It
5694
took us a long time to act on this bill. It
took us -- for another death in January of
last year, in addition to the 1991 death, we
act, we say you've got to do this in one year.
Which is, in my opinion, a very reasonable
amount of time for SED to go ahead and come up
with regulations and have the school districts
go and put the devices in.
And now SED didn't get around to
it, couldn't do it, for whatever reason they
claim. Unconvincing, in my opinion. And we
go ahead and say to them now: Oh, it's okay,
we'll give you, SED, and we'll give all the
schools essentially another year.
So think about what we're saying.
A child died on January 29, 2001, Rasheed
Richardson, a 12-year-old, and now we're going
to wait two more years before we ensure that
the school partitions have motion sensors.
That's what we're doing here. That's our
acquiescence here. And it's essentially
saying to SED, it's okay that you don't
comply.
It was the same yesterday when we
had the residency requirement in Yonkers and
5695
then we exempted 15 police officers who, in
violation of the law, moved out of Yonkers.
And it's the same as when this
Legislature requires reports to be issued by a
certain date and the reports aren't issued.
And that is an issue, Madam President, that
Senator Dollinger has brought up repeatedly on
the floor of this house.
I for one am insulted that an
education department, that an entity of the
state, would completely ignore the law. Which
is what they did here. I am insulted that the
City of Yonkers ignored the law or condones
the ignoring of the law, and any other state
agency that is required to produce a report by
a certain date doesn't do it either.
And on this case, this is a
life-and-death case. And, you know, Senator
Seward is to be commended for his work on
this. He's the one who's carrying the ball,
saying this is so incredibly pressing that he
drafted legislation last year and passed it to
protect kids. It's just counterintuitive to
me that we then go and let them off the hook.
So I'm not going to be a party to
5696
this, Madam President. I'm voting against
this bill. I suggest my colleagues vote
against this bill and have SED go and
promulgate those regulations this week. Why
can't they do it in one week? What, are they
splitting an atom? Is this nuclear fission?
What are they doing?
Promulgate the regulations, come up
with the RFP process, make this a very high
priority. This is life and death. This is
life and death.
I'm opposed to this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, I'm going to support Senator Hevesi
and vote against this bill. Let me explain
why.
First of all, I think Senator
Seward properly highlights an enormously
difficult problem, which is the problem of the
closing doors without safety devices on them.
There's another one that I've been
working on which involves counterweights in
5697
stages. Lots of the old school buildings were
built with counterweights that have heavy
weights up in the sky to make the scenery go
up and down. There have been deaths recorded
nationwide. And I've been looking at passing
a bill in this house that would prevent the
use of counterweights in schools, because
oftentimes these difficult systems of
adjusting weights to move scenery up and down
on a stage is often put in the hands of stage
technicians who are 17-, 18-year-olds who are
working in the school play. There have been
fatalities elsewhere and serious injuries
elsewhere. I think we ought to look at that
issue.
But let me tell you why I think
Senator Hevesi is right. It seems to me that
the State Department of Education has waited
too long. Senator Hevesi expressed that, and
I agree with him. But the other thing that
really I don't understand is that what we're
in essence doing here is we're saying we
mandated that all the educational institutions
do something to protect children.
And it seems to me that if we
5698
believe that we set originally too short a
period of time for them to comply, if we think
that they didn't have enough time to comply
because we changed the rules, then what we
ought to do is have the courage to say and do
the honest thing, which is to simply say:
Okay, we want to encourage you to move in the
right direction. We will bump back the
compliance date one year, we'll just bump it
back. We'll conclude that the honest thing to
do is say: Okay, you haven't had enough time
to adjust. Maybe it's because there aren't
enough contracts. For whatever reason, we're
going to bump the effective date back a year.
But we don't do that. What this
bill does instead is it says even though we
know that you probably can't comply in a
timely fashion, we're still going to put the
onus on the school district to write us a
certification letter that says we can't
comply.
It just seems to me that that's
disingenuous, Madam President. That we should
either, as Senator Hevesi said, bite the
bullet, set a date, get the State Department
5699
of Education to do it and then hold all the
districts accountable. Or, if we as the
policymakers conclude that that can't be done,
for whatever practical reason, let's just say
to the school districts in the state: Okay,
we're going to take you off that. You don't
have to do anything. We'll bump the statute
back a year.
Instead, what this bill does is
this says, Well, we're going to keep it in
effect. But if you write us a letter and say
"we can't do it," that's okay, we'll give you
more time.
I understand what Senator Seward is
trying to accomplish. But it just seems to me
let's make up our minds here, let's set a
definite date, let's give them the financial
incentive to do it and then hold them
accountable. Whether that date is earlier,
like Senator Hevesi suggests, or later, like
Senator Seward seems to be suggesting, let's
at least be -- let's have some integrity in
doing it and simply say either do it now or do
it later, and we'll give you the money to do
it.
5700
But this unseeming compromise of
write us a letter and say you can't do it and
it's okay doesn't seem to me to be the right
approach, Madam President. I'll join Senator
Hevesi in opposing the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: I'd like to make
one other comment on this. And I appreciate
Senator Dollinger's comments.
I want to put this argument in a
different context, because everybody is going
to cast a vote on this. So if you find the
argument compelling that it's an insufficient
amount of time, one year, for SED to come up
with the regulations and for the motion
sensors to be put in, and that it has to wait
another year, so that it took two years, if
that sounds like a compelling argument right
now in the context of this debate, let me
change the context and see if that argument is
still compelling.
Three or four months from now all
of us are sitting in our district offices, and
a TV camera comes up and wants to interview
5701
you, and they stick the camera in your face
and say: "Senator Jones, the child of one of
your constituents was just crushed to death by
a motion sensor. You voted in favor of
extending by another year -- after the State
Education Department couldn't in one year come
up with regulations, you voted to extend that
to two years, so that that school in your
district didn't have a motion detector. And
now the child of one of your constituents has
been killed. What was the reason why you
voted yes on that?"
Now, is the answer why this bill is
necessary, is that going to fly? Are you
going to give that answer to that TV
cameraman? Are you going to let SED off the
hook? I'm not.
Let's send the message to SED today
we don't accept it, it's -- two years is the
time that it's okay to potentially jeopardize
some kid. And it's very possible that another
kid can be killed in the next year. We should
all vote no on this. How are you going to
respond to that mother, God forbid this
happens? One year I can understand. Two
5702
years, unacceptable.
I vote no.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those voting in
the negative on Calendar Number 10 are
Senators Andrews, Dollinger, Duane, Hevesi,
L. Krueger, Onorato, Paterson, and Stavisky.
Ayes, 42. Nays, 8.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we please call up Bill 1515,
by Senator Padavan, to be followed by 829, by
Senator Maziarz.
And there will be an immediate
meeting of the Judiciary Committee in the
Majority Conference Room.
5703
ACTING PRESIDENT McGEE:
Immediate meeting of the Judiciary Committee
in the Majority Conference Room.
The Secretary will read Calendar
Number 1515.
THE SECRETARY: Calendar Number
1515, by Senator Padavan, Senate Print 7729,
an act to amend the General City Law and the
Administrative Code of the City of New York,
in relation to extending.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
There are two very well received
and effective programs in the City of New York
that deal with incentives for businesses to
stay, to locate and to expand in the City of
New York, thereby providing economic
development, jobs, and all the other good
things that come with it.
We sponsored this bill a number of
years ago. We amended it in the year 2000.
And this is a one-year extender, as requested
5704
by the City of New York.
ACTING PRESIDENT McGEE: Senator
Paterson, why do you rise?
SENATOR PATERSON: Madam
President, would Senator Padavan yield for
some questions?
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Who is
eligible for the abatements in this bill,
Senator Padavan?
SENATOR PADAVAN: The primary
abatement relates -- well, there are two
different categories here, two different
programs. One is the city's Energy Cost
Savings Program, ECSP, and the other is the
Lower Manhattan Energy Program.
Benefits are given to those who
provide cogenerational and other energy
consumption improvements, thereby reducing
energy costs and thereby receiving rebates
which are offset by reductions in property
5705
taxes on the utility that provides the
rebates.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, of course this type of legislation,
which was first -- well, let me ask Senator
Padavan. It was first introduced when,
Senator?
SENATOR PADAVAN: The last time I
dealt with this bill was 2000. We made some
amendments at the request of the city, and
this is a one-year extender of that particular
bill.
SENATOR PATERSON: Okay. So -
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: -- back in
2000 obviously the -- what was the special
need that Lower Manhattan evidences that would
cause us to have to provide this amount of
assistance? This is back, of course, in -
SENATOR PADAVAN: Now or then?
SENATOR PATERSON: Then. Because
of course we're going back before
5706
September 11th of 2001.
SENATOR PADAVAN: Senator, you
and I live in the City of New York. We
understand full well that city agencies and
City Council and other governmental entities
attempt to evaluate needs in a whole host of
areas. This is one they identified.
They came up with an imaginative
and appropriate program to improve job
opportunity, commercial expansion, development
citywide and also in Lower Manhattan. We
thought it was a good idea, and so we advanced
the legislation to implement it.
So the basic -- to answer your
question, the basic underlying determination
as to the efficacy and the benefit of these
programs is with the City of New York Economic
Development and others who are certainly
involved in the process.
SENATOR PATERSON: Okay.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Padavan would continue
to yield.
5707
SENATOR PADAVAN: Yeah.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR PATERSON: I was pretty
sure that would be your answer, Senator. And
what I was moving toward is that to grant a
one-year extender right now, in light of the
events of September 11th, why was that
decision made? When perhaps, if there's any
time that this particular geographic area
needs assistance, I would think it would be
now. And just looking at -
SENATOR PADAVAN: Madam
President, I wonder if we could cut down on
some of the noise, because I'm having trouble
hearing Senator Paterson even though he's
right in front of me.
ACTING PRESIDENT McGEE: Can we
have some quiet, please, in the chambers.
Thank you.
SENATOR PATERSON: Thank you,
Madam President. What I'm going to do is I'll
go back and repeat the question for Senator
Padavan.
And it was that previous question I
5708
asked him which related to when this bill
first came, and he said he's worked on it
since the year 2000. I thought the bill went
back into the mid-'90s, because Senator Connor
actually had told me about the need to address
the issues of Lower Manhattan, and I believe
he did in one of his bills.
But the fact is that in terms of
the extension, I asked Senator Padavan to
clarify what the actual needs were and what
the special assessment would be to Lower
Manhattan, which he provided to me.
And I'm now asking him would a
one-year extender be appropriate at a time
when we have had the events of September 11th,
in which we understand that the city report
released by the comptroller of the City of
New York estimated that the city would lose
somewhere from $45 billion to $60 billion in
aggregate over a long period of time. And
that the area of Lower Manhattan, the office
space in Lower Manhattan is actually the most
condensed office space in the country,
followed by the cities of Atlanta, Chicago and
then mid-Manhattan. And then right now I
5709
don't remember what the fifth city was,
Senator Padavan.
But my issue is that with that
amount of damage occurring in that area, would
a one-year extender be appropriate when we
consider what's happened in the last few
months?
SENATOR PADAVAN: I presume
you're suggesting that it should be longer.
Am I correct, Senator?
SENATOR PATERSON: Madam
President, in response to the question, I am
sure that both of us feel that this should go
on for a period of time so -
SENATOR PADAVAN: Okay, I just
wanted to make sure that was the thrust of
your question.
The city's request was for a much
longer time frame in terms of extending the
bill, several years or more. The Assembly,
however, insisted upon only a one-year
extender, which is why we have that bill
before us. The city spoke to us and frankly
and very candidly we had said, "Well, we don't
want to let this thing expire, so one year
5710
we'll have to accept and then deal with it in
the next session." So that's why it's one
year.
SENATOR PATERSON: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: I don't think
that we're disagreeing here on what would
really be the end result. So I don't think -
see, at first I thought it might have been
Senator Padavan. And I didn't presume
anything about Senator Padavan, and neither
would I about the Assembly. I think it's well
understood that we need this type of
protection.
So I would have to assume, for
purposes of this discussion, that the Assembly
has a solution as to how we can provide more
quality energy savings to that severely
damaged region of our city, Lower Manhattan,
which, as I said, lost an immense amount of -
I think it was 8 million square feet of office
space just as a result of the attack on
America on September 11th.
5711
Now, if Senator Padavan would yield
for a question.
ACTING PRESIDENT McGEE: Senator
Paterson, was that a question?
SENATOR PADAVAN: I'm sorry, I
was talking to my counsel, Senator, who
advises me that I first introduced this bill
in the late '90s. But that's all right.
What was your question? Would you
repeat it, kindly, please.
SENATOR PATERSON: My question
is -- well, actually, let's go to your
counsel, Senator Padavan.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: May I
interrupt. Will you suffer an interruption,
Senator Paterson and Senator Padavan.
There will be an immediate meeting
of the Finance Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Paterson.
5712
SENATOR PATERSON: Actually,
Madam President, if Senator Padavan would
continue to yield.
SENATOR PADAVAN: Yes, I would.
SENATOR PATERSON: Okay. Thank
you.
We discussed this bill in 1999, you
and I, here on the floor of the Senate. You
actually, I believe, introduced the bill. The
extender I believe you introduced in 1997. I
think that's when it was.
SENATOR PADAVAN: Could be,
Senator. We've been dealing with this bill
over a period of years, extending it,
modifying it, amending it as the City of
New York provided input on the program.
You're right.
SENATOR PATERSON: Now, in 1999,
in response to a question that I asked, you
said that this bill applied citywide and
had -- I'm sure it had citywide implications.
Can you explain to me how the bill applies
citywide?
SENATOR PADAVAN: As I said
earlier -- thank you, Senator. As I said
5713
earlier, there are two parts of the bill. One
part of it is the city's Energy Cost Savings
Program, ECSP, which is citywide, involving
all the boroughs. The other part of the bill
relates to the Lower Manhattan Energy Program,
which is specific to Lower Manhattan.
Both programs are in this bill.
SENATOR PATERSON: Thank you,
Madam President. If Senator Padavan would
yield for another question.
ACTING PRESIDENT McGEE: Senator
Padavan, will you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: I want to
return to the discussion that we were having
earlier, and that involved the fact that
Senator Padavan informed us -
ACTING PRESIDENT McGEE: Can we
please have some quiet in the chambers so
these gentlemen can hear each other while
they're debating. They're standing right next
to each other and can't even hear themselves.
Can we please have some quiet.
5714
Thank you.
SENATOR PATERSON: Thank you,
Madam President.
I had mistakenly thought that
Senator Padavan had limited the sunset on this
legislation to one year. But I didn't think
that Senator Padavan just did not want to have
energy savings in Lower Manhattan,
particularly at this time.
Senator Padavan then informed all
of us in the chamber that it was not he, it
was actually the Assembly that did so. And I
was saying that I would not presume that the
Assembly doesn't understand the need for cost
savings and energy savings in Lower Manhattan.
And so my question to Senator
Padavan is, what is the actual feeling of our
colleagues in the other house as to how we can
provide this energy? In other words, are they
suggesting that after a year, if need be, we
might actually increase what would be the
deductions and the savings to those entities
that operate in that particular area?
SENATOR PADAVAN: I haven't the
slightest idea, Senator, why they wanted to
5715
limit it to one year, except with the
possibility they want to revisit the program
and perhaps evaluate its effectiveness in that
interim year. I don't know. It's a
presumption on my part.
We thought several years or more
would -- the city thought and their initial
request was several years or more would be
more desirable. But here we are with one
year. Which we have to do; otherwise, it
expires.
One more question, Senator.
SENATOR PATERSON: Actually, I
have two questions, Madam President.
SENATOR PADAVAN: Can you put
them together?
(Laughter.)
SENATOR PATERSON: Madam
President, the -
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Would Senator
Padavan please elaborate more on the second
part of the bill, the cost savings that exists
for residents all around the city? Because
5716
clearly there's so much emphasis on Lower
Manhattan. And there actually should be,
given the tragedy that we all witnessed there
so recently. But going back to the -
SENATOR PADAVAN: I'm going to
answer that question, Senator.
Throughout New York City, over one
thousand businesses that employ over 50,000
individuals within the city's five boroughs
have benefited by this program. As of last
year, and this number is now even greater,
they save $30 million annually in energy
costs.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Stavisky.
SENATOR STAVISKY: Madam
President, I just have a couple of questions.
SENATOR PADAVAN: Lay the bill
aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
The Secretary will read Calendar
Number 829.
THE SECRETARY: Calendar Number
5717
829, by Member of the Assembly DelMonte,
Assembly Print Number 10731A, an act to convey
the right title and interest.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Will you please take up Calendar
66, by Senator Skelos.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
66, by Senator Skelos, Senate Print 2683C, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to
abandoned infants.
ACTING PRESIDENT McGEE: Senator
5718
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 10. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
5719
Senator Morahan.
SENATOR MORAHAN: Yes, Calendar
69, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
69, by Senator Saland, Senate Print 4899C, an
act to amend the Social Services Law, in
relation to abandoned infants.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move that we
accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
5720
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 12. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, would you take up Calendar 457.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 457.
THE SECRETARY: In relation to
Calendar Number 457, Senator Nozzolio moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10450A and substitute it
for the identical Senate Bill Number 6444A,
Third Reading Calendar 457.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
5721
THE SECRETARY: Calendar Number
457, by Member of the Assembly Kolb, Assembly
Print Number 10450A, an act to amend the Tax
Law.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. As I recall, it was Senator Hevesi
who set this one aside. And I think he's in
Finance. So I'm wondering if the courtesy
could be extended to wait until he comes back
from the Finance Committee meeting.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Madam
President, inquiry to Senator Duane. Will he
yield?
ACTING PRESIDENT McGEE: Senator
Duane, will you yield?
SENATOR DUANE: Sure.
SENATOR NOZZOLIO: Madam
President, to Senator Duane, is Senator Hevesi
a member of the Senate Finance Committee?
SENATOR DUANE: Yes, he is.
SENATOR NOZZOLIO: And I'm
5722
prepared to discuss this bill, Madam
President.
ACTING PRESIDENT McGEE: Senator
Paterson, why do you rise?
SENATOR PATERSON: Madam
President, Senator Dollinger is in the Finance
Committee, and Senator Dollinger -- actually,
when I got up, it was Senators Dollinger and
Hevesi that wanted to discuss the bill. So we
were just going to ask that it be temporarily
laid aside.
We're glad the Senator is here to
discuss this bill. We remember when he wasn't
here when some of his other bills came up.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, yes, the bill that's now under
discussion, will you lay that aside
temporarily.
ACTING PRESIDENT McGEE: Calendar
Number 457 will be laid aside temporarily.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Please call up Calendar 1481.
5723
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1481.
THE SECRETARY: Calendar Number
1481, by Senator Hannon, Senate Print 6995A,
an act to amend the Public Health Law and the
Tax Law, in relation to the sale of tobacco
products.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Is there a
message of necessity at the desk, Madam
President?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MAZIARZ: Move to accept
the message.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
5724
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Madam
President, if at this time we could call up
Calendar Number 457, by Senator Nozzolio.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
457, substituted earlier today by Member of
the Assembly Kolb, Assembly Print Number
10450A, an act to amend the Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5725
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. If at this time we could
take up Calendar Number 1114, by Senator
Nozzolio.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1114, by Senator Nozzolio, Senate Print 7196B,
an act to amend the Tax Law, in relation to
the imposition of additional taxes.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Dollinger recorded in the
negative.
5726
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. Could we please at
this time call up Calendar Number 1309, by
Senator Nozzolio.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1309.
THE SECRETARY: Calendar Number
1309, by Senator Nozzolio, Senate Print 4525A,
an act to amend the Correction Law, in
relation to custody and supervision.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested on
1309.
SENATOR NOZZOLIO: Thank you,
Madam President.
This measure is a measure that
would exclude the supervision of inmates in
correctional facilities from privatization.
The security function of prisons is the most
important function. And that the purpose of
5727
this measure is to ensure the security
functions of our state correctional facilities
be provided by those employees entrusted with
the responsibility of being state employees or
local employees.
And that those callings are in
effect established to take away the profit
motive for management of our correctional
facilities and entrust that power to the
employees of the people.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Will the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you yield for a question?
SENATOR NOZZOLIO: Yes, Madam
President. I'll be happy to yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you, Madam
President.
I voted in favor of this bill in
2001 and in 2000. My understanding is that
the Governor vetoed this bill in 2000. And
5728
I'm curious to know from the sponsor why the
Governor vetoed the bill in 2000.
SENATOR NOZZOLIO: Madam
President, Senator Hevesi is correct that an
earlier version of this measure was approved
in the year 2000 but vetoed by the Governor.
The Governor's concerns at that time we
believe are addressed by adding a new
subdivision 3 to proposed Section 120. That's
on page 2 of the legislation.
It reads, in part, that nothing in
the section shall limit in any way persons or
employees of a correctional facility that in
effect maintain the custody and supervision of
persons confined in a correctional facility,
if such custody and supervision are a regular
part of their principal employment or
incidental to their principal employment
duties.
In other words, to ensure that
civilian personnel such as teachers,
counselors, and managers are specifically
excluded from provisions of this act. In
large part, Senator, to address some of the
concerns you had in a colloquy we engaged in
5729
earlier this week relative to the state
allowing the City of New York to ensure
forbidding privatization of our correctional
facilities.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you continue to yield?
SENATOR NOZZOLIO: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you, Madam
President.
The sponsor knew exactly where I
was headed with this, that the Governor had
objections to this bill in 2000 which were
remedied in the bill that we have before us
right now. And those objections were in 2000,
by the Governor, that it was possible, with
the language that he had before this
amendment, before the addition of Section 3 on
page 2 of today's bill, that it's possible
that nonuniformed civilian personnel within
DOCS facilities could potentially be excluded
5730
from the current work that they do.
It is the exact same concern I had
with the bill that we passed two days ago for
New York City. And I called, Madam President,
on some language in that bill to protect the
exact same personnel that the Governor was
concerned about and that Senator Nozzolio
agrees we should be concerned about, because
he just put that language in this bill.
So my question to the sponsor,
Madam President, is knowing that we were going
to bring this bill to the floor with the
language that is identical to the language
that I was requesting for New York City, why
didn't we do it for the bill that we passed
two days ago?
SENATOR NOZZOLIO: Madam
President, I certainly respect Senator
Hevesi's intuitive understanding of these
measures. And that, frankly, I am extremely
heartened by his support of my efforts in this
legislation to address one of his major
concerns.
ACTING PRESIDENT McGEE: Senator
Hevesi.
5731
SENATOR HEVESI: On the bill,
Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: I am, Madam
President, greatly concerned with the same
issues that Senator Nozzolio is concerned
with. And now I know that we really are a
hundred percent in line. I wasn't so sure two
days ago, because we had this one issue that
was outstanding where it was possible that
nonuniformed correction personnel in New York
City could be precluded from their duties
pursuant to the bill that he passed.
And we had a disagreement, I
thought, on that. But it turns out, Madam
President, lo and behold, that we don't.
Because in the bill before us today, we have a
wonderful section -- it's so good, I want to
read it to you, Madam President.
Section 3: "Nothing in this
section shall limit in any way persons who are
employees of a correctional facility as
defined in Section 40 of this chapter or
persons who are under contract to the
5732
department pursuant to subdivision 2 of this
section from maintaining the custody and
supervision of persons confined in a
correctional facility or in any other facility
pursuant to subdivision 2 of this section if
such custody and supervision duties are a
regular part of their principal employment or
incidental to their principal employment
duties."
Brilliant. That's brilliant. I
couldn't have written that better myself.
That is exactly the language, Madam President,
word for word -- except I would have added in
"New York City correctional officers" -- that
is exactly the language that should have been
added in the bill two days ago.
And I strongly suspect that the
Governor, if the Assembly passes the bill we
did two days ago, the Governor will veto it
for the exact same reasons. Which is good,
except it doesn't speak well of the
legislative process here. It's a little
bit -
ACTING PRESIDENT McGEE: Excuse
me, Senator.
5733
Can we please have some quiet in
the chambers.
SENATOR HEVESI: Thank you, Madam
President.
It's a little bit inefficient of us
to now pass it in both houses, have the
Governor veto the New York City bill, and then
come back and amend the legislation. Kind of
unnecessary.
But I am proud on this day to stand
with my Republican colleague Senator Nozzolio
and with my Republican partner in government,
George Pataki, in perfect agreement on the
necessity to make sure that we don't
unintentionally preclude certain individuals
in correctional facilities from being denied
the opportunity to perform the valuable
services that they provide.
So I will be supporting this bill,
and I look forward to the Governor's veto on
the bill that we passed two days ago.
Unfortunately, I don't think that I will be
back to vote on the amended version of it.
So, Madam President, let the record reflect
that I am pleased that Senator Nozzolio agrees
5734
with me on this. And, were I to be in the
chamber next year when that bill comes back to
us, I would have voted yes.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Hevesi.
Any other Senator wishing to speak
on the bill?
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I will -- in addressing Senator
Hevesi's comments, certainly the hypothetical
is just that, a hypothetical. But should it
occur, I will make every effort to acknowledge
the wisdom and foresight of Senator Hevesi on
this important measure.
ACTING PRESIDENT McGEE: Thank
you, Senator Nozzolio. How very large of you.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
5735
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. Could we please call
up Calendar Number 988, by Senator Hannon.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 988.
THE SECRETARY: Calendar Number
988, by Senator Hannon, Senate Print 4622B, an
act to amend the Surrogate's Court Procedure
Act, in relation to healthcare decisions.
SENATOR HEVESI: A brief
explanation, Madam President.
ACTING PRESIDENT McGEE: Senator
Hannon, an explanation has been requested by
Senator Hevesi.
SENATOR HANNON: Thank you, Madam
President.
This legislation would deal with
the population of those who are mentally
retarded and for whom a guardian has already
been appointed under the Surrogate Court's
Procedure Act.
It is unfortunate that the powers
5736
the guardian has are not complete because of
some other provisions that have been adopted
in this state under the common law in regard
to healthcare decision-making. The gap we
address is that this population has never had
the opportunity to ever have the capacity to
make healthcare decisions for themselves.
Accordingly, we do two things with
this legislation: Ensure that there is a
uniform standard of healthcare
decision-making. Because unfortunately, over
the years, between application and court
decisions, there has been some uneven
application.
And, second, when it comes to
end-of-life decision-making, we set forth a
high standard as to what can be accomplished,
how it can be brought about, who has to be
consulted, the number of people who have to be
involved, and a number of considerations to
ensure that religious and ethical
considerations of various religions are
considered.
We also widen the scope so that
people who ought to be notified in case they
5737
want to bring their own views in have that
opportunity.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. At this time could we
call up Calendar Number 1499, please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1499.
THE SECRETARY: Calendar Number
1499, by Senator Maziarz, Senate Print 5788C,
an act to amend Chapter 55 of the Laws of
2002.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Explanation.
5738
THE SECRETARY: Section 2 -
ACTING PRESIDENT McGEE: I'm
sorry. Senator Maziarz, an explanation has
been requested.
SENATOR MAZIARZ: Thank you very
much, Madam President.
This bill would expand the
geographical area for which funding was
reappropriated in the 2002-2003 state budget
for the purposes of construction,
reconstruction or rehabilitation of a stadium
to be located in the city of Rochester, to
allow for the siting also to be in the town of
Gates, Monroe County.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, will the sponsor yield to a
question?
ACTING PRESIDENT McGEE: Senator
Maziarz?
SENATOR MAZIARZ: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
5739
sponsor yields.
SENATOR DOLLINGER: As you know,
Senator Maziarz, I've supported the
construction of this stadium in downtown
Rochester, adjacent to Frontier Field, as part
of a stadium complex in the city.
This bill would authorize, as you
correctly point out, that the stadium could be
built in the town of Greece [sic]. Could you
just tell me what happens, in your judgment,
if there is no alternative for the
construction of a stadium in the city of
Rochester in the next six months or a year?
SENATOR MAZIARZ: Well, let me
just make one correction, Senator. I think
you slipped and you said the town of Greece.
It's actually the town of Gates.
SENATOR DOLLINGER: This is what
happens when you represent Greece. You're
correct, in the town of Gates.
SENATOR MAZIARZ: It's the town
of Gates.
I'm extremely concerned, Senator,
that this money could not be used at all in
the County of Monroe if we do not pass this
5740
legislation, that the money may be swept away,
as they say.
SENATOR DOLLINGER: Madam
President, just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I'm going to
vote in favor of this amendment to the
appropriation for the soccer stadium in
Rochester. I continue to believe that the
appropriate site to build this stadium is in
the city, adjacent to Frontier Field.
I do know that the Rochester Sports
Authority, the Monroe County Sports Authority
has been evaluating this. I am disappointed
and will publicly declare my disappointment
that the sports authority has not communicated
with the members -- it may have communicated
with other members of the delegation, they
have not communicated with me -- about why
this money seems to have been sitting there
for the better part of a year or 18 months,
two years, without any action.
It seems to me that the sports
authority has to be candid both with this
5741
delegation, those of us who represent portions
of Monroe County and portions of the city of
Rochester, and with the taxpayers in Rochester
with respect to their expectation that a
stadium would be built.
It seems to me that we have waited
far too long for a definitive word from the
sports authority. We have been awaiting their
guidance; it has not been received. Under
those circumstances, in order to keep these
funds for our community, in order to ensure
that the promise of the construction of a new
stadium would be realized, in order to
preserve options -- even though I'm not
convinced those are necessarily the right
options now -- I think in order to preserve
options so that money that was obtained by
this delegation to benefit our community can
remain in our community, I'm going to vote in
favor of this.
I still hold out a hope, Madam
President, that this amendment will eventually
be unnecessary and that the stadium will be
built in downtown Rochester. But if for some
reason it can't be built there, it's money
5742
that this delegation fought for that we should
keep in our county.
So with that, Madam President, I
will support this endeavor by my colleagues
from Monroe County to make sure this money is
used for the people we represent.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Nozzolio, on the bill.
SENATOR NOZZOLIO: Madam
President, I applaud Senator Maziarz's
leadership on this important issue. That the
members of the Senate worked very hard to
obtain a $15 million appropriation so that the
potential for Rochester to enter the major
leagues in terms of being a host of a
professional franchise at the major-league
level of soccer is something we all worked
very hard on, as did the county executive in
supporting this appropriation and working for
it.
That one of the things that I
5743
believe certainly should be forthcoming here
is that the appropriation, as was indicated,
is over two years old. And that appropriation
is in jeopardy of being lost unless it's
utilized. And that Senator Maziarz's efforts
ensure the potential of this utilization. I
congratulate him for that.
And I also believe that we should
stand fast and hope that the Assembly will
enter into the support for this redirection if
this redirection is necessary to construct a
new facility.
That over 600 people will be
working at this facility in constructing it.
It's a major construction project. It will be
the most major, largest construction project
in the region in a number of years. It's
necessary. And that I certainly congratulate
the sponsor for bringing it to the floor.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: On the bill.
ACTING PRESIDENT McGEE: Senator
Alesi, on the bill.
5744
SENATOR ALESI: Thank you.
Taking into mind the comments of
all of my colleagues that represent the County
of Monroe, I will be supporting this effort to
enlarge the possibilities of where the stadium
can be located, pointing out that this only
gives us an additional option. Reading the
language of the bill, it says "the city of
Rochester or the town of Gates in Monroe
County." Although it appears that the city of
Rochester, of which I represent a significant
portion, is probably at this point not the
most viable location, for a number of reasons.
But that is a responsibility that would have
or should have been determined by the sports
authority itself.
Allowing for another potential
location allows the greater Rochester area the
opportunity to have a major-league soccer team
at a stadium that could most likely but at
least possibly be in the town of Gates. It
does not eradicate the possibility of locating
it in the city of Rochester, however. And I
want to make that point clear.
Probably the most important element
5745
behind this effort -- again, applauding
Senator Maziarz, who represents the town of
Gates, and Senator Nozzolio, as well as the
rest of the Rochester delegation -- is the
fact that a couple of years ago we fought very
hard for $15 million which was in the budget
at that time, at the same time establishing,
through legislation, the Rochester Sports
Authority, which would have some domain over
this kind of development.
Unfortunately, nothing has happened
with the expenditure of that $15 million that
has been available. And at this point, it is
gathering dust; very dangerous dust, I might
point out. Because at some point, if we are
not able to use that for something that the
community has indicated very strongly that it
wants, then we might very well lose that
$15 million, not only as a
sports/entertainment venue but also as an
economic development tool that is vital to the
greater Rochester area.
So I'll be supporting this bill
primarily because I want to do everything that
I can -- representing the city of Rochester to
5746
some extent, I want to do everything that I
can to make available the opportunity to use
the money from an economic development
standpoint. And if that means moving the
stadium, then at least we have the option to
do that and, in doing that, we save that very
important funding for economic development as
well as for sports and entertainment in Monroe
County.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, I just want to echo the comments of
my colleagues and toss out one other idea. If
for some reason this money is not used for the
construction of a soccer stadium, either in
the city of Rochester or in the town of Gates,
if anybody from the Rochester delegation wants
to abolish the sports authority, I will be
standing in line asking for an opportunity to
cosponsor that bill.
Because it seems to me we created
them, they're our creature, we punt them this
responsibility -- and I know that there may be
different communications with other members
5747
from Rochester and Monroe County. But based
on how they've talked to me, they can go right
back to repeal. Let's get them right off the
books. Let's put it in the hands of public
officials that we know and we can hold
accountable. We can abolish them, as far as
I'm concerned.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. At this time could we return
to the reports of standing committees. I
believe there's a report of the Judiciary
Committee at the desk.
ACTING PRESIDENT McGEE: Reports
of standing committees.
5748
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination.
As a judge of the Court of Claims,
Vincent M. Del Giudice, of Brooklyn.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Vincent M. Del Giudice, of Brooklyn, as a
judge of the Court of Claims.
We received the credentials on the
nominee from the Governor. They were
perfectly in order. He's another excellent
example of who should be sitting in the Court
of Claims that we've received from this
Governor.
We examined all of his credentials.
They were, as I said, perfectly in order. He
appeared earlier this afternoon before the
committee and was unanimously moved from the
committee to the floor for consideration at
this time.
And I'm most happy to yield, for
5749
purposes of a second, to Senator Andrews.
ACTING PRESIDENT McGEE: Senator
Andrews.
SENATOR ANDREWS: Yes, Madam
President. I rise to second the nomination of
Vincent M. Del Giudice to the Court of Claims.
Mr. Del Giudice is a resident of
the County of Kings. His work in the legal
community is well known throughout the
borough, specifically his work in the Brooklyn
Bar Association and the Kings County Criminal
Bar Association. He also has a private law
practice, since 1993.
And it is indeed a pleasure and my
honor to second his nomination.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Vincent M.
Del Giudice, of Brooklyn, as a judge of the
Court of Claims. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Vincent
5750
M. Del Giudice, of Brooklyn, is hereby
confirmed as a judge of the Court of Claims.
Visiting us in the chambers this
afternoon is his wife, Christina, his
children, Anthony and Victoria, and his
parents, Anthony and Rose Del Giudice.
And may I say, on behalf of the New
York State Senate, our congratulations and
best wishes, Your Honor.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much. Can we return to the calendar and take
up Calendar 1454, please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1454.
THE SECRETARY: Calendar Number
1454, by Senator Volker, Senate Print 7574B,
an act to amend Chapter 367 of the Laws of
1999, amending the Civil Practice Law and
Rules.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Is there a
5751
message of necessity at the desk, Madam
President?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MAZIARZ: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
5752
President. Can we take up Calendar 1490.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1490.
THE SECRETARY: Calendar Number
1490, by Senator Saland, Senate Print 7655, an
act in relation to the form and contents of
the statement of taxes.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes. Is there
a message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
5753
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we now address 1516, Calendar
Number 1516.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1516.
THE SECRETARY: Calendar Number
1516, by Senator Trunzo, Senate Print 7755, an
act to amend the Vehicle and Traffic Law, in
relation to special hauling permits.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: The
5754
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message of necessity is accepted.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we now take up 1523.
ACTING PRESIDENT McGEE: The
Secretary will read 1523.
THE SECRETARY: Calendar Number
1523, by Senator Saland, Senate Print 7647, an
act to amend the County Law, in relation to
5755
wireless communications.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message at the desk, Madam President?
ACTING PRESIDENT McGEE: Yes,
there is a message at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
5756
is passed.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes,
Madam President. I request unanimous consent
to be recorded in the negative on Calendar
Number 221.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MALCOLM SMITH: Thank
you.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, with unanimous consent I'd like to
also be recorded in the negative on Calendar
Number 221.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Please
recognize Senator Brown.
ACTING PRESIDENT McGEE: Senator
Brown.
SENATOR BROWN: Thank you, Madam
President. Thank you, Senator Morahan. I
5757
also would like to be recorded in the negative
on Calendar 221.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BROWN: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Appreciate your
support.
(Laughter.)
SENATOR MORAHAN: Madam
President, can we take up 1526.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1526.
THE SECRETARY: Calendar Number
1526, by Senator Leibell, Senate Print 7651,
an act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move to accept.
5758
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, could we
return to Calendar 1515 and have the last
section read.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
5759
1515, by Senator Padavan, Senate Print 7729,
an act to amend the General City Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Ada Smith.
SENATOR ADA SMITH: Thank you,
Madam President. I was in the Finance
Committee meeting, and I would like to have
unanimous consent to be recorded in the
negative on Calendar Number 221.
ACTING PRESIDENT McGEE: Without
objection, Senator Smith.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we now go to Calendar 1358.
ACTING PRESIDENT McGEE: The
5760
Secretary will read Calendar Number 13 -
SENATOR MORAHAN: Can we lay that
aside temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
SENATOR MORAHAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Could you lay
aside for the day Calendar 1384.
ACTING PRESIDENT McGEE: Calendar
Number 1384 is laid aside for the day.
Senator Morahan.
SENATOR MORAHAN: Can we return
to reports of standing committees. I
understand there's a report of the Rules
Committee at the desk.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 475A, by Senator
5761
Alesi, an act to amend the Executive Law;
3244A, by Senator Leibell, an act
to amend the Education Law;
3248A, by Senator Leibell, an act
to amend the Education Law;
3365A, by Senator Maziarz, an act
to amend the Retirement and Social Security
Law;
3906A, by Senator Onorato, an act
in relation;
4015, by Senator Balboni, an act to
amend the General Business Law;
5124, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
5428A, by Senator Nozzolio, an act
to amend the Judiciary Law;
5616, by the Senate Committee on
Rules, an act to amend the Education Law;
6521A, by Senator Seward, an act to
amend the General City Law;
6666, by Senator Volker, an act to
amend the Criminal Procedure Law;
7173B, by Senator Farley, an act to
amend the Banking Law;
7181A, by Senator DeFrancisco, an
5762
act to amend the Navigation Law;
7278, by Senator Balboni, an act to
amend the Insurance Law;
7344, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
7354C, by Senator Morahan, an act
in relation to authorizing;
7392, by Senator Spano, an act to
amend the Real Property Tax Law;
7394, by Senator Kuhl, an act to
amend;
7526, by Senator Alesi, an act to
amend the General City Law;
7575, by Senator LaValle, an act in
relation to removing;
7584A, by Senator Libous, an act to
amend the Tax Law;
7685, by the Senate Committee on
Rules, an act to amend the Workers'
Compensation Law;
7706, by Senator A. Smith, an act
to authorize;
7716, by the Senate Committee on
Rules, an act to make certain domestic
5763
partners;
And Senate Print 7741, by the
Senate Committee on Rules, an act to amend
Chapter 511 of the Laws of 1995.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President, I move to accept the report of the
Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, I'd like to announce that there's
an immediate meeting of the Rules Committee in
the Majority Conference Room.
5764
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Morahan.
SENATOR MORAHAN: Could you
recognize Senator Andrews. He would like to
vote against my bill.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Andrews.
SENATOR ANDREWS: Madam
President, Senator Morahan is a mind reader.
I request unanimous consent to be recorded in
the negative on Calendar 221.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Could we have
the noncontroversial reading of Supplemental
Calendar 55A.
ACTING PRESIDENT McGEE: The
Secretary will read Supplemental Calendar 55A.
THE SECRETARY: In relation to
Calendar Number 1533, Senator Alesi moves to
discharge, from the Committee on Rules,
5765
Assembly Bill Number 2424A and substitute it
for the identical Senate Bill Number 475A,
Third Reading Calendar 1533.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1533, by Member of the Assembly Morelle,
Assembly Print Number 2424A, an act to amend
the Executive Law, in relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48. Nays,
2. Senators Kuhl and Meier recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1534, by Senator Leibell, Senate Print 3244A,
an act to amend the Education Law, in relation
5766
to members of the New York State Teachers'
Retirement System.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1536, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4190A and substitute it
for the identical Senate Bill Number 3365A,
Third Reading Calendar 1536.
ACTING PRESIDENT McGEE:
Substitution ordered.
THE SECRETARY: Calendar Number
1536, by Member of the Assembly Sweeney,
Assembly Print Number 4190A, an act to amend
the Retirement and Social Security law.
ACTING PRESIDENT McGEE: Read the
5767
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1537, Senator Onorato moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5931A and substitute it
for the identical Senate Bill Number 3906A,
Third Reading Calendar 1537.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1537, by Member of the Assembly Nolan,
Assembly Print Number 5931A, an act in
relation to allowing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
5768
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1538, by Senator Balboni, Senate Print 4015,
an act to amend the General Business Law and
the Penal Law, in relation to operating an
aircraft.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1539, by Senator Leibell, Senate Print 5124,
an act to amend the Retirement and Social
Security Law, in relation to retirement
credit.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5769
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1540, by Senator Nozzolio, Senate Print 5428A,
an act to amend the Judiciary Law, in relation
to salary.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1541, by the Senate Committee on Rules, Senate
Print Number 5616, an act to amend the
Education Law, in relation to the distribution
of information.
SENATOR STAVISKY: Lay it aside,
please.
5770
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1543, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10597 and substitute it
for the -
SENATOR PATERSON: Lay it aside.
THE SECRETARY: -- identical
Senate Bill Number 6666, Third Reading
Calendar 1543.
ACTING PRESIDENT McGEE:
Substitution ordered.
The bill is laid aside.
THE SECRETARY: Calendar Number
1544, by Senator Farley, Senate Print 7173B,
an act to amend the Banking Law and the
General Business Law, in relation to -
SENATOR LIZ KRUEGER: Lay it
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1545, by Senator DeFrancisco, Senate Print
7181A, an act to amend the Navigation Law, in
5771
relation to vessel speed.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1546, Senator Balboni moves to
discharge, from the Committee on Insurance,
Assembly Bill Number 8567A and substitute it
for the identical Senate Print Number 7278,
Third Reading Calendar 1546.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1546, by the Assembly Committee on Rules,
Assembly Print Number 8567A, an act to amend
the Insurance Law.
5772
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR ONORATO: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1547, by Senator Maltese, Senate Print 7344,
an act to amend the Administrative Code of the
City of New York and the Retirement and Social
Security Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1549, Senator Spano moves to
5773
discharge, from the Committee on Rules,
Assembly Print Number 8616A and substitute it
for the identical Senate Print Number 7392,
Third Reading Calendar 1549.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1549, by the Assembly Committee on Rules,
Assembly Print Number 8616A, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1550, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Print Number 11388 and substitute it
5774
for the identical Senate Bill Number 7394,
Third Reading Calendar 1550.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE:
Substitution ordered.
The bill is laid aside.
THE SECRETARY: In relation to
Calendar Number 1551, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11551 and substitute it
for the identical Senate Print Number 7526,
Third Reading Calendar 1551.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1552, by Senator LaValle, Senate Print 7575,
an act in relation to removing certain
property in the Town of Brookhaven.
ACTING PRESIDENT McGEE: Read the
last section.
5775
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1553, by Senator Libous, Senate Print 7584A,
an act to amend the Tax Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1554, by the Senate Committee on Rules, Senate
Print Number 7685, an act to amend the
5776
Workers' Compensation Law, in relation to
making death benefits available.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. To explain my vote.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DUANE: Thank you.
I just want to commend Senator
Spano on this piece of legislation. It's
really a terrific law. And I'm very pleased
that he moved this forward, and it will go a
long way towards providing equality for all of
New York City's uniformed services members and
their spouses and domestic partners.
5777
Thank you very much.
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1555, Senator A. Smith moves
to discharge, from the Committee on Rules,
Assembly Print Number 11505 and substitute it
for the identical Senate Print Number 7706,
Third Reading Calendar 1555.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1555, by the Assembly Committee on Rules,
Assembly Print Number 11505, an act to
authorize the Agape Fellowship Church to file
an application.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5778
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1556, by the Senate Committee on Rules, Senate
Print Number 7716, an act to make certain
domestic partners, parents, and widows and
children of certain firefighters dying at the
World Trade Center on September 11, 2001,
eligible for special accidental death
benefits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
Again, I want to thank the sponsor
of this legislation and just say what a
terrific piece of legislation this is, despite
5779
the horrible tragedy of September 11th.
I'd like it to be noted that we are
treating everyone equally under the law, and I
want to thank the body for that as well.
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1557, by the Senate Committee on Rules, Senate
Print Number 7741, an act to amend Chapter 511
of the Laws of 1995.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
5780
reading of the noncontroversial calendar.
SENATOR MORAHAN: No, I'd like
you to call up, Madam President, Calendar
1544, which was laid aside inadvertently.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1544.
THE SECRETARY: Calendar Number
1544, by Senator Farley, Senate Print 7173B,
an act to amend the Banking Law and the
General Business Law, in relation to the
regulation of budget planners.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we have a reading of the
controversial calendar, starting with 1541.
5781
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1541.
THE SECRETARY: Calendar Number
1541, by the Senate Committee on Rules, Senate
Print Number 5616, an act to amend the
Education Law, in relation to the distribution
of information.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR STAVISKY: Madam
President.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, I have a question, a couple of
questions for the sponsor, Mr. Rules, Senate
Rules.
ACTING PRESIDENT McGEE: Just one
moment, Senator Stavisky.
SENATOR MORAHAN: Madam
President, can we lay that aside temporarily
and go to Calendar 1550.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
The Secretary will read Calendar
5782
Number 1550.
THE SECRETARY: Calendar Number
1550, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11388, an act to amend a chapter of the
Laws of 2002 amending the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested by
Senator Hevesi.
SENATOR KUHL: Senator Hevesi, if
you refer to the bill, particularly Section 2,
lines 9 through 15, and read that, I think
you'll understand the basic concern here was
because the defibrillator bill -- as you may
remember, we started with a bill, passed the
bill, then we passed a chapter amendment which
essentially extended the bill to all
facilities rather than just facilities that
had a capacity of a thousand people or more.
And in talking with the second
floor, they voiced a concern as to whether or
not school districts would be able to meet the
5783
mandate that we were placing on them that they
have a defibrillator in each one of their
facilities and also have a defibrillator at
extracurricular-activity athletic events that
were held at a field near or some place
distant from the school district.
So what we've come up with is a
three-month extender, if you will, if a school
district finds themselves in a hardship in not
being able to comply with the requirements of
the original defibrillator bill.
Now, one of the requirements, in
addition to actually purchasing a
defibrillator, is to actually provide training
to individuals who may actually provide this
service to a student or other person who
happens to be on the premises who suffers a
cardiac arrest. That training could present a
problem to some school districts in some areas
of the state in being able to implement the
process, or I should say the compliance, and
all the criteria that's included in the bill
by September 1st.
So on an application, this chapter
would allow a school district to make an
5784
application to the superintendent to have a
three-month extender to come into total
compliance with the bill that we're putting on
them, this mandate that we're putting on them
which actually takes effect in about three
months.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Will the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you, Madam
President. I thank the sponsor for that
explanation.
The reason I wanted to discuss this
is because we had similar bill earlier which
also dealt with the delaying of implementation
of what is essentially a safety measure. In
this case, your legislation I think is
terrific, the idea to require automatic
defibrillators.
5785
My question is, what was the
effective date of this chapter that the
requirement then had September 1st as the date
to have trained and have the devices in all
the schools? When did we -- what was the
window that the state and educational
facilities had under the original bill?
SENATOR KUHL: Well, it's very
small, Senator. And that's -- the original
bill required -- which, as I understand it,
still has not been signed by the Governor.
They've been waiting for the various chapters
to be passed by the houses before they
actually sign the original bill. But the
original bill was to take effect immediately,
and we passed that about a month ago.
Now, one of the problems that
school districts are faced with, as you may
remember, they all had to vote on their
budgets on I believe it was May 21st. So that
budget vote took -- actually was taken before
this mandate that we placed on them that has
an expense to them. So most of them, not
understanding that this was in the making, if
you will, did not have anything in their
5786
budgets to actually allow for the purchase of
these.
That's one of the reasons why the
first chapter amendment that we did, which
extended the application to more school
facilities, actually had a September 1st
compliance, was to allow them to actually have
some additional time for compliance.
What this bill does is extends that
even another three months, recognizing that
there is potentially a training problem,
primarily, with the compliance of the
provisions that we put in the bill and the
additional chapter amendment.
SENATOR HEVESI: Madam President,
would the sponsor yield to an additional
question?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HEVESI: Thank you, Madam
President.
This all sounds very reasonable.
5787
In fact, it seems to me that we only gave
essentially what is two or three, maybe even
four months to get the devices and to require
the appropriate training with a September 1st
date, that that -- that the initial
legislation was insufficient.
And I just want to, for
clarification purposes, this legislation is
not necessary because, for example, with
Senator Seward's bill that the State Education
Department should have but didn't come up with
regulations -- my question is, has any state
agency been deficient in helping to get us to
a point where schools are compliant with the
original law? Or this is just a recognition
that they need more time, that the original
law probably should have had a later date for
its compliance?
SENATOR KUHL: Senator, at one
time we talked about having an implementation
date of September 2003, a year away. But we
thought that this issue was so critical to
have this device on school facilities that we
moved it up a whole year.
Now -- so there was discussion at
5788
one time. And what we have done is to
actually probably put a very quick, timely and
probably extra-timely response to them which
we're not sure they really can meet.
Now, many school districts have
already gone and purchased this particular
little instrument and have gone through the
training. I know out in, say, Canandaigua, in
my district, for instance, that school is in
compliance already. Two or three other school
districts are already in compliance.
Out in Senator Volker's district I
know he has set up a system where there is a
not-for-profit organization putting these
instruments into the schools already.
So there are schools that recognize
there's a need and are already going ahead
with that. But it is a short period, no
question about it. We think it's very
important that they move ahead with this
particular purchase.
And actually what we're finding is
the price is coming down. Remember, we
initially talked about $3,000 being the
average price of purchasing one of these
5789
defibrillators. What we're finding now -- and
in my district, we're putting a process in
place to have a not-for-profit, the same one
that is implementing this whole law in Senator
Volker's district, in a position to actually
provide the training and the purchase of these
instruments for $1,995 all-inclusive.
So the price is coming down. We
think that's going to make this
instrumentation available immediately and
where school districts actually can comply.
Now, to answer your question, to
get around to the answer to your question,
there is a provision in the second bill that
requires the State Education Department to
adopt rules and regulations as to how the law
actually applies to each facility and what
type of instrument they actually need. But
again, the bill has not been signed yet by the
Governor, so the state agency has not been put
under the gun, so to speak, to draft those
regulations.
But we know that school districts
can go ahead and say, Okay, we're going to
have one in each facility, and we're going to
5790
provide one for each athletic event that goes
on in a field that's not necessarily
immediately adjacent to this facility. So
they're going ahead without having the actual
regulations developed.
But the bill has not been sent to
State Ed to actually say "you need to develop
these regulations." So in some cases some
school districts are a little hesitant because
they don't know quite yet the exact demand
that's going to be placed on them for purchase
and providing the availability of these
devices.
SENATOR HEVESI: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Madam President,
thank you. And I thank Senator Kuhl for that
well-thought-out and lengthy explanation.
This bill that we have before us is
dramatically different than Senator Seward's
bill earlier, which I opposed. Both are in
the same realm; that is, extending the
implementation requirement date for a public
5791
safety measure in our schools. But this bill
is different for three reasons.
Number one is this bill recognizes
that the original bill was deficient. I don't
believe that Senator Seward's original bill
was deficient. That one gave a year. This
one had a much more contracted time period.
In the second case, the difference
with this bill is there is no state agency,
such as SED, which has been deficient. And I
would just hope, as a word of caution to
everyone, that when it is time for SED, upon
the signing of this bill into law, that SED
doesn't drag its feet, as they did in the case
of motion detectors on school partitions. I'm
very concerned about that. That shouldn't be
the case.
And, finally, the remedy in the
case of the earlier bill was to take a
one-year time frame and extend it by another
year, so you had a sufficient time frame that
was then extended by an insufficient -- or an
insufficiently long time frame. Here you had
an originally insufficient time frame and it
was remedied by a sufficient time frame of
5792
three more months.
So this is acceptable. I applaud
Senator Kuhl, not just for this appropriate
remedy but for bringing automatic
defibrillators -- which is going to save
somebody's life -- into all these buildings.
Guaranteed, Madam President -- thank you,
Madam President. Guaranteed, this bill and
the bill that preceded it that Senator Kuhl
sponsored is going to save somebody's life.
Guaranteed, without a doubt.
So this is a good bill. I will be
supporting it. I urge my colleagues to
support it as well.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, Madam President.
I voted against the earlier version
of this bill for reasons that I made clear at
the time. This again seems to be some way to
5793
in essence say, well, we're going to mandate
it, but if the school districts say they're
not ready for it, we'll relieve them from that
mandate.
We're still requiring them in the
period of time to have to step forward and
certify to the Department of Education that
they're not ready for this bill. I think for
all the reasons I explained when we did the
automatic defibrillator bill in the first
place -- and now to bump it back further,
under this requirement that they do something
to ask for an extension, is just adding cost
and expense to our school districts.
This is a good bill. It's a great
idea. Let's pay for it and make it an even
better idea, instead of simply telling them:
You've got to do it, but we're not going to
pay for it.
I just can't countenance it in this
case, Madam President. I vote no.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
5794
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
first, let's return to reports of standing
committees. And I believe that there is a
report of the Finance Committee at the desk.
I ask that it be read at this time.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As member and chairman of the
New York State Thruway Authority, John L.
Buono, of Castleton.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, as always, I'll be very brief -
especially when I am yielding to our leader.
But on this last day of session, and my
5795
last -- I won't go there -- we had three fine
appearances.
And with that, I yield to Majority
Leader Joseph L. Bruno, born in Glens Falls
and from Rensselaer.
SENATOR BRUNO: Thank you very
much -
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: -- Madam
President and Senator Stafford.
And as one of Senator Stafford's
earliest supporters, when I was a constituent,
when he was the youngest senator in the
Senate, I am proud of our friendship and our
relationship over these years.
But, Madam President, we're not
here to talk about the virtues of Senator
Stafford, because we don't have enough time
and we can't extend the session for a week.
We're here really to talk about, as Senator
Stafford observed, three outstanding
individuals. And the first one that is before
us presently is John Buono.
John presently serves as president
5796
of Hudson Valley Community College, that
happens to be in my Senate district. John
Buono is a constituent. And John Buono has
been a friend for a lot of years.
But John Buono has distinguished
himself as a public servant, having served as
county executive in Rensselaer County in an
exemplary way for a lot of years, really
leading that county forward in all of the
important ways that improve the quality of
life for people.
He went to the Dormitory Authority,
where he helped manage everything of
consequence that took place here in the state,
something in the neighborhood, I believe, of a
$24 billion portfolio. And again,
distinguished himself in such a way that they
sought him out to become president of what is
now the best community college in all of the
United States. Now, that is subject to
debate, but we won't take the time now.
The Governor, in his wisdom, in his
vision, has asked John to step forward again
to serve now as a member of the Thruway
Authority and to chair that very important
5797
authority, important because it affects the
welfare of everyone in New York State and
anyone that travels across this great Empire
State of ours.
So I am confident that my
colleagues will join me in approving this
nomination, which I am proud to support and
move.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Thank you, Madam
President.
As a member of the Capital District
delegation, along with Senator Bruno and
Senator Stafford and so many that think they
represent this area, John Buono is a true
Capital District treasure. As I said in
Finance, every job that he's undertaken, he's
done well.
And, you know, someone asked: "How
are you going to be able to do this with all
your responsibilities?" If you want to get
something done, ask a busy person to do it.
John Buono has really been a true asset to the
state, done a great job. He's a graduate of
5798
SUNY Albany, which is very significant to a
lot of us. And we wish you well in a very,
very important job.
I think the Thruway Authority has
really been doing well in recent years, and
I'm confident that he's going to continue in
that line.
Good luck and best wishes, John.
ACTING PRESIDENT McGEE: The
question is on the confirmation of John Buono
as the chairman of the Thruway Authority.
Mr. Buono is in the balcony with us. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE:
Mr. Buono is hereby appointed as the chairman
of the Thruway Authority.
He's joined us here this afternoon
with his wife, Bobby.
May I take this opportunity to say
congratulations to you on your new position,
and welcome.
5799
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the New York State Racing and Wagering Board,
Michael J. Hoblock, Jr., of Loudonville.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, as everyone here, I certainly
second what was said about the president.
And now it's a pleasure for me to
again yield to the boxing champion for the
South Pacific during the Korean campaign, our
Majority Leader, Joseph L. Bruno.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you very
much, Senator Stafford. Listening to him, I
may have to come out of retirement.
Thank you, Senator Mendez. You
impressed her.
But, Madam President, we are here
now to talk about another very distinguished
public servant, an individual that the
5800
Governor has seen fit to appoint previously as
the chair of the Racing and Wagering Board
here in New York State.
And that is a gentleman who came
most recently right out of the Senate, Mike
Hoblock, known to all of us. Served in the
Senate for several years. Before that, he
served as county executive in Albany County.
And before that, Mike was on the Colonie Town
Board, really devoted his time over the last
34 years to doing just outstanding, great
things for the people of this state.
But Mike is a very modest and very
humble individual. Mike is a war hero. And
Mike, in '68 to '71, was in Vietnam, got the
Bronze Star there for gallantry, got the
Vietnam Medal for gallantry. Was decorated in
more ways than I could memorize in this short
period of time.
So we're very proud of Mike
Hoblock. We're proud of him for his public
service, proud of him in terms of the way he
relates to the community. Most proud that he
was able to come out of the Senate and run one
of the most important boards in our life, the
5801
Racing and Wagering, now, because it takes so
much to manage with efficiency, with concern,
with all the interests that are involved, to
make sure that everything is appropriate and
right. And Mike Hoblock has done that for
several years.
So we are proud here in this
chamber that the Governor would see fit to
resubmit Mike to be reappointed so he can
continue the great work that he has been doing
on behalf of all of us here in New York State.
We're proud to move the nomination,
Madam President.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too would like to rise to second
the nomination of Mike Hoblock.
I've had the opportunity to work
with Mike in his position at Racing and
Wagering, and I think he does a great job.
Actually, Joe, I think -- Senator Bruno, I
think it's his Marine Corps background that
helps him deal with a lot of the people he has
to deal with in that Racing and Wagering
5802
position.
But he does a terrific job. He
always gets back to you, he's very responsive,
and he keeps that agency working at a very
high level. I think it's a great
reappointment. I think that he does a
terrific job. And he's a very good asset to
the state.
And for that reason, I'm glad to
have the opportunity to rise up and second the
nomination.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. I too want to rise in
support of this nomination and echo the
comments of my colleagues Senator Bruno and
Senator Stachowski.
I have to say that having served
here with Mike Hoblock was a great pleasure
for me, learning from him when I first came in
to the Senate.
And one thing that's impressed me
about Mike's service with the Racing and
Wagering board, as chair of that board, is I
5803
could call up there with a problem involving
some very small volunteer fire company
involving bingo and Mike would get right back
to me with an answer or the staff person that
had the answer.
Or a major issue like Western
Regional OTB taking over a racetrack, a
harness track at Batavia Downs, Mike Hoblock
not just, I think, offered some great wisdom
and advice on how to go about doing that, but
he came out to Batavia, a small community in
Genesee County, to make sure that things were
on track, so to speak, and doing it right.
And it's an honor for me to stand
here today and to second this nomination.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Thank you, Madam
President. I rise also to second the
nomination of Mike Hoblock.
I had the privilege, as some of us
did, of serving with Mike Hoblock in the
Assembly. As a matter of fact, our offices
were across the hall. Michael never had tea,
5804
he always had coffee.
Michael moved on. When he was
asked to go to this position that he has now,
he was told that there were a lot of problems
that had to be overcome. There had to be more
diversity, there had to be an opportunity for
the agency to work with all of the local
governments, to all the town clerks. Because
on issuing of permits, there had to be a clear
understanding of what the clerks were
responsible for, what even the bingo
inspectors were for.
Everyone looks at that and says
"racing." They think that is the only aspect
of it. That position that Michael holds has
many aspects and areas of responsibility. But
I have known of Michael going to many, many
areas throughout the state because people
didn't understand some aspect of the rules and
regulations, not just the law. Michael put
himself out there for the people and let them
question him and made sure that, when he left,
that they clearly understood their
responsibilities and Michael's
responsibilities to them.
5805
When we started talking about
putting the video lottery terminals in,
everybody looked at, well, this will be a job
just for the Lottery Division. But without
Michael's expertise, advice and guidance to
the Lottery Division, we would be stymied.
Mike Hoblock is a thinker, a doer,
and a very responsible public servant. I'm
proud to have served with him. I'm proud to
call him a veteran. And I'm proud that he
will continue on doing an outstanding job for
the people of the State of New York.
Thank you, Michael.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Thank you, Madam
President. I also rise to second the
nomination of Mike Hoblock.
He's my buddy. We go back a long
ways. As was said, he served in local
government in Colonie, the New York State
Assembly, county executive for the County of
Albany, and a great county executive, and of
course in the New York State Senate.
Every job, again, that Mike has
5806
done, he's done well. Senator Larkin said the
area that he's taken over is one that has
always been a little bit troubled.
But not under your domain, your
tutelage, Michael. You've done a great job.
You deserve reappointment. I'm very proud of
you and the job that you've done, and I wish
you well in the years ahead.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: Madam
President, it gives me a great deal of
pleasure to second the nomination of Mike
Hoblock.
I had the pleasure of serving with
him when he was the chairman of the Veterans
Committee and also now as the ranking member
on Racing and Wagering. I've heard all of
these redundant remarks about him, about his
wonderful character, and they certainly are
worth repeating. He has done an outstanding
job with the Racing and Wagering Board, as he
has done with all of his previous endeavors.
And I look forward again to working
with him, but more so, I am looking forward to
5807
getting him on that golf course with the round
of golf that he promised me.
Good luck, Mike.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I too am delighted to rise and
second the nomination of Michael Hoblock for
this very important reappointment. As the
chairwoman of the Senate Agriculture
Committee, I am acutely aware of the issues
facing the horse industry in New York State.
And all of those beautiful horses that we
raise and breed in New York State have an
opportunity, with Mr. Hoblock's guidance, to
race in New York State and bring further
credit and economic benefit to the people of
this state.
Since Mike Hoblock has had this
position, I've seen a much greater level of
cooperation between the breeders'
associations, the various breeding groups who
are within that subcategory, and with the
Racing and Wagering Commission.
5808
Obviously, it is in the best
interests of everyone in this state, whether
their concern is tourism or agriculture or
racing, to make sure that all of these
communities of interest operate in harmony.
And with Mike Hoblock at the helm, they have
been doing that, and I know they will
continue. Even though there may be difficult
challenges ahead, it's comforting to know that
there is a level-headed individual at the helm
and one who understands this chamber and the
legislative process as well.
There's one other thing that I
would just offer on the record today in
supporting Mr. Hoblock. The role of any
department head requires a sensitive hand in
the administration of the employees. A few
years ago a young man in my Senate district, a
well-known constituent and a very fine
gentleman -- who happened to be an inspector
working for Racing and Wagering at one of the
tracks on a part-time basis -- died suddenly.
And the actions of Mike Hoblock as his boss
were truly exemplary. He reached out and
comforted that family and sent a reassuring
5809
message to all of the other Racing and
Wagering employees in a way that was
commendable both to the state and for Racing
and Wagering.
So I thank Mr. Hoblock for all that
he has done, both as an employer and as
administrator of one of our most significant
agencies.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. On the nomination.
I rise to wholeheartedly support
the renomination of Mike Hoblock as chairman
of the New York State Racing and Wagering
Board.
But before I do so, I wish to
comment, because I was inadvertently out of
the chamber, about the qualifications and
excitement that I have over the appointment of
John Buono as the chairman of the Thruway
Authority.
That John is an excellent
administrator, and I wish to associate myself
with the remarks praising him and praising his
5810
appointment. And that I look forward to
working with him as he has jurisdiction now on
the two major thoroughfares of this state, the
New York State Thruway and the New York State
barge canal system, two arteries that bring
economic development to our state.
And that he certainly is an
excellent choice. I praise Governor Pataki
for making it. And I look forward to his
stewardship of those important resources for
New York.
I've had the honor of serving with
Mike Hoblock as an Assemblyman and as a member
of this chamber, in this body, as well as in
his capacity as chairman of the Racing and
Wagering Board. Senator Hoffmann very
adroitly made mention -
ACTING PRESIDENT McGEE: Can we
please have some quiet in the chambers.
Thank you.
SENATOR NOZZOLIO: Senator
Hoffmann made very important reference to how
important this racing industry is to the State
of New York. With its many diverse
components, it is an extremely important
5811
component of economic and job development
throughout New York. And that Mike's
stewardship of his responsibilities has been
second to none.
That he has, through his decisions,
made significant impact in my own Finger Lakes
region, and that I certainly welcome his
continued association in this very important
position.
An excellent renomination, Madam
President, and I wholeheartedly support it.
ACTING PRESIDENT McGEE: The
question is on the confirmation, the
renomination of Michael Hoblock as chairman of
the Racing and Wagering Board. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Michael
Hoblock is hereby confirmed and reappointed as
chairman of the Racing and Wagering Board.
Mr. Hoblock, congratulations to you
on behalf of the New York State Senate, and
5812
welcome to the chambers again. And
congratulations.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the State Athletic Commission, Bernard B.
Kerik, of New York City.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, I have to again emphasize we could
not have three finer nominees here today. And
I know everyone agrees with me.
I certainly second what was said
about Michael. I go way back with Mike and
John.
And for the next nominee, former
Commissioner Kerik, in yielding to our
Majority Leader, I want to apologize: it was
champion of the Pacific Theater, not South
Pacific. Senator Bruno.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you very
5813
much, Senator Stafford.
And Madam President, once again, it
is an honor and a privilege for me to rise in
support of just an outstanding individual who
is willing to continue to be of service to the
public.
Bernie Kerik was the 40th
commissioner of police in New York City. And
he had the unfortunate circumstance of having
served through 9/11. And wherever you saw
Mayor Giuliani, you saw Bernie Kerik, as the
police commissioner. He was there really
supervising, being the man in charge, trying
to be helpful, trying to be responsive to the
great needs of the victims, their families,
his officers that were risking their lives on
a daily basis in the rescue effort and
continue to risk their lives on a daily basis.
He served as the commissioner of
corrections in New York City, served as the
chief investigator in charge of security for
the Kingdom of Saudi Arabia, which many of us
here would relate to and aspire to having the
proper qualifications.
So given the background that Bernie
5814
Kerik has in public service and doing the kind
of police work that he has done, he is a huge
asset now to the Athletic Commission, the
Boxing Commission here in New York State.
And as we all know, many times
there are tough guys that are passing through
and that you have to relate to, but none will
be equal to or as qualified to make the proper
judgments and to hold his own in any way as
Bernie Kerik.
So we're proud to move his
nomination, Madam President.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Madam
President, I also rise not to speak about the
Bernie Kerik that we knew on 9/11, but the
Bernie Kerik who I knew before that.
Who, when he was being considered
by Mayor Giuliani to be corrections
commissioner, the fact that most of the
correction officers, the guards of our prisons
in the city of New York, called me and asked
me to give a call to Mayor Giuliani and ask
that they get Bernie Kerik as their
5815
commissioner, speaks for the type of
individual that he is.
And again, when he took command of
the Police Department of the City of New York,
we saw a major change in the direction and
operation of the police department. Not only
because we had put money and resources in, but
because police officers were given the dignity
to know that when they made a decision, the
man at the top would back them.
He stood behind his officers when
he was in corrections. He stood behind them
as a police commissioner. He stood loud and
tall and bravely for us on 9/11. And he will
do a great job as our boxing commissioner.
I look forward to seeing him at
many of the boxing events when I go and pay my
way. Thank you.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, I rise to take the opportunity to
make sure that Mr. Kerik understands how
deeply his actions through this last fall have
5816
made us proud, given us hope, instilled a
sense of confidence in the police department
in the City of New York that protects so many
of our residents and constituents who work
there every day.
And as he embarks upon this new
endeavor, I have had a personal interest in
the Athletic Commission, through the good work
of a gentleman by the name of Arthur McCanty,
one of the most celebrated and recognized
boxing referees in the history of the sport.
And I had a chance to work, through
Governor Pataki's offices, with the
commission, and I've seen tremendous changes
for the better. It is a sport that when
things go well, it's not mentioned. But the
minute something goes wrong, it's front-page
and it's nasty.
So this is more combat duty,
Mr. Kerik, for you. But I know that through
your leadership that the commission will
continue to excel and New York State will
continue to be the preeminent location for
boxing events in the future.
Thank you, Madam President.
5817
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too would like to rise to second
the nomination of Mr. Kerik.
I think that his background will
serve him well in this job. I think that the
commission still needs a little bit more to
go. I think there's still some people that
can use his kind of direction in order to do
the job they're supposed to do. And hopefully
after a short while on the job he'll have that
office in lockstep, moving in the right
direction to help New York State reestablish a
position in boxing as a venue that some of the
better fights will want to use.
So with that hopeful comment, I
just hope that this will be the right
appointment to make us the boxing venue that
we want to be and will bring other kinds of
competition. And actually -- I think nobody
mentioned it -- but he has a competition
background I think that will also help out,
because he's aware of how much a referee or a
judge can affect the competition if it's not
5818
done to the letter of the rules.
So I'm tickled with this
appointment, and I'm glad to get up and second
the nomination.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I recently came from the tenth
anniversary celebration, in Canastota,
New York, of the Boxing Hall of Fame, the
International Boxing Hall of Fame, which I'm
very proud to say I helped fund through some
Senate appropriations over the years.
And at each one of those
celebrations and induction ceremonies we see
boxers from all over the world, along with the
newswriters, the sportswriters who follow
them, and many people interested in the boxing
world coming into New York State and
recognizing that boxing exists outside
New York City.
Indeed, Canastota became the site
of the International Boxing Hall of Fame
because it's home to two former world
5819
champions, Carmen Basilio and Billy Backus.
And I know that Mr. Kerik, in his
new position, will make sure that the rest of
the beautiful state of New York and all of the
many athletes across the state -- those in and
out of boxing, but particularly in the boxing
world -- will get the same kind of attention.
And as Senator Balboni said, when
there is a bad news story, it dominates. But
there many, many good news stories, an
opportunity for us to nurture the kind of
discipline and self-determination that governs
boxers in the early days of their career.
As we look at legislative
opportunities here to stimulate that industry
and to protect those who enter the field of
boxing, I know it will be a real pleasure for
us to work with Commissioner Kerik in this
capacity. I look forward to it and
congratulate him too.
ACTING PRESIDENT McGEE: Senator
Malcolm Smith.
SENATOR MALCOLM SMITH: Thank you
very much, Madam President.
I rise to second the nomination,
5820
also, of -- I consider him and always still
call him Commissioner Kerik. I had the
pleasure of knowing him during the time he was
commissioner down in the City of New York.
And he impressed me because he was a very
hands-on individual.
He came into my district a couple
of times, dealt with some issues on our
behalf, and always was forthright and always
put his hands right on matters in such a way
that the solution was not only obvious, but it
was one that was received in a great -- I
should say not received in a great -- but
everyone appreciated his ability to put his
hands right on the issue and solve it.
So I would just like to second the
nomination, tell the Governor he made an
excellent choice. And I'm sure the State
Athletic Commission will be all the better for
his appointment.
Thank you.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I thought it was an ironic fortune
5821
that New York City had that Commissioner
Kerik, who was only nominated by Mayor
Giuliani in mid-August of 2000, only served a
year and a half as police commissioner, but
was actually on-site during the tragedy of
September 11th, the attack on this country.
At which time his international experience
that Senator Bruno referred to earlier, his
understanding of Saudi Arabia and some of the
other Arab nations and other places around the
world was actually quite helpful in trying to
establish security around the city and even
intelligence during that particular period of
time that we all remember as a lugubrious
period in our state's history.
And yet his leadership demonstrated
at that particular time was one that he had
considered years before when he'd given up an
outstanding career and had gone back to become
a New York City police officer. Having had
the opportunity to have gone on and become
very successful, this was actually his dream,
and he was able to fulfill it to the point
where he was raised to the highest level of
decision-making capacity of the Police
5822
Department of the City of New York.
So we all wish him well as
commissioner of boxing and hope that we will
see him continue to aspire, even after that,
as one of the state's true leaders and someone
whose points of view on a lot of these
international subjects these days are quite
thoughtful when you read about them and
certainly should be listened to by those who
make policy, not only here in the state but in
our national government.
ACTING PRESIDENT McGEE: Senator
Brown.
SENATOR BROWN: Thank you, Madam
President.
I rise to simply say thank you to
Mr. Kerik for all he has done for our state
and also to congratulate him for the
nomination to the State Athletic Commission.
And, finally, to bring to his
attention that in the city of Buffalo, New
York, we have the future heavyweight champion
of the world, Baby Joe Mesi.
ACTING PRESIDENT McGEE: Thank
you, Senator Brown.
5823
The question is on the confirmation
of Bernard B. Kerik as a member of the New
York State Athletic Commission. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Bernard
B. Kerik is hereby appointed as a member of
the New York State Athletic Commission.
And may I say, on behalf of the
New York State Senate, welcome to the
chambers. Congratulations on your new
appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Small Business Advisory Board, Richard M.
Bivone, of East Meadow.
As a member of the board of
directors of the New York Convention Center
Operating Corporation, John LaMura, Esquire,
of East Moriches.
5824
And as a member of the Board of
Visitors of the Helen Hayes Hospital, Patricia
Ann Norris-McDonald, of Malverne.
ACTING PRESIDENT McGEE: The
question is on the confirmation of the
nominees as read by the Secretary. All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Those
read by the Secretary are hereby confirmed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to reports of standing
committees. I believe there's a report of the
Rules Committee at the desk. I ask that it be
read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 4946A, by Senator
5825
Skelos, an act to amend the Public Health Law;
5195B, by Senator Velella, an act
to provide;
5418A, by Senator Gentile, an act
authorizing;
7259, by Senator Leibell, an act to
amend the Public Authorities Law;
7342A, by Senator Maziarz, an act
to amend the Executive Law;
7470, by Senator Farley, an act to
amend the Social Services Law;
7487, by Senator Volker, an act to
amend the Correction Law;
7516A, by Senator Saland, an act to
amend the Executive Law;
7654, by Senator Bonacic, an act to
amend the Tax Law;
7682, by Senator Hannon, an act to
authorize;
7690, by Senator Kuhl, an act to
amend the Education Law;
7691, by Senator Larkin, an act to
amend Chapter 444 of the Laws of 1997;
7697, by Senator Spano, an act to
amend the Penal Law;
5826
7713, by Senator Stafford, an act
to amend the Executive Law;
7715, by Senator Johnson, an act to
amend the General Business Law;
7726, by Senator LaValle, an act to
amend the Education Law;
7727, by Senator LaValle, an act to
amend the Education Law;
7737, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
7746, by the Senate Committee on
Rules, an act in relation;
7774, by Senator Hannon, an act to
amend the Real Property Tax Law;
And Senate Print 7778, by Senator
Skelos, an act to amend the Public Authorities
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
5827
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Bruno.
SENATOR BRUNO: From this last
report, can we take up Calendar Number 1562.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1562.
THE SECRETARY: In relation to
Calendar Number 1562, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Print Number 9913B and substitute it
for the identical Senate Bill Number 7342A,
Third Reading Calendar 1562.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
SENATOR CONNOR: Explanation.
THE SECRETARY: Calendar Number
1562 -
ACTING PRESIDENT McGEE: Senator
5828
Bruno.
SENATOR BRUNO: Madam President,
this bill before us really creates the most
integrated setting coordinating council, which
will be compromised of commissioners from
several of the state departments, to develop
and administer policies relating to people of
all ages with disabilities.
And the bill follows the
Disabilities Act of 1990, as amended, the
federal bill, and the 1999 U.S. Supreme
Court's Olmstead decision, where it was
mandated that we the states be responsible for
developing an integrated plan for people with
disabilities of all ages.
And New York State really has been
in the forefront of helping people attain
independence in every way that is possible.
Senator Maziarz has had this bill,
has put it together, has been a leader,
really, in helping people in all walks of life
reach their greatest potential.
So, Madam President, this is
important to a large segment of our society.
And this passage will implement the council so
5829
that they can get on with the planning for
these people who truly want to be contributors
in our society. They want to live in our
society in a community-based way, be
integrated, and be able to go to the movies
and go to restaurants and go to ball games and
do all the kinds of things that all of us want
to do in our daily lives.
So we think this is an important
piece of legislation, and we are happy to move
it in this chamber.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Yes, Madam
President. I note in this that -- and I agree
with Senator Bruno, it's important that we
move forward with this.
But on this council are various
categories of people to be appointed to it.
And in two different categories, appointments
are given, understandably, to the governor, to
the majority leader, and to the speaker, and
there are no appointments for the minority
leaders.
And I think certainly when you're
5830
dealing with compliance with the Americans
with Disabilities Act, when you're talking
about formulating integrated models, I don't
think there's any Republican or Democratic way
to do that. I don't think there's any
majority or minority way to do that.
We have so many commissions, so
many councils where the two minority leaders
do have appointments. It's just a shame that
the people who drafted this didn't consider
that and didn't consider what might be
contributed were it to be drafted that way.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
5831
SENATOR BRUNO: Madam President,
can we at this time return to motions and
resolutions and take care of some housekeeping
at the desk.
ACTING PRESIDENT McGEE: Motions
and resolutions.
Senator Wright.
SENATOR WRIGHT: Madam President,
on behalf of Senator Velella, on page
number -
ACTING PRESIDENT McGEE: Senator
Wright, just one moment.
Thank you.
SENATOR WRIGHT: You're welcome.
Madam President, on behalf of
Senator Velella, on page number 51 I offer the
following amendments to Calendar Number 1384,
Senate Print Number 7226B, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR WRIGHT: On behalf of
5832
Senator Marcellino, on page number 43 I offer
the following amendments to Calendar Number
1102, Senate Print Number 4755D, and ask that
said bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR WRIGHT: On behalf of
Senator Fuschillo, on page number 53 I offer
the following -
(Sound of siren.)
SENATOR WRIGHT: Let me try
again.
On behalf of Senator Fuschillo, on
page number 53 I offer the following
amendments to Calendar Number 1511, Senate
Print Number 7618, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR WRIGHT: Thank you, Madam
5833
President.
I would also request unanimous
consent to be recorded in the negative on
Calendar Number 1593, I believe it is, Senate
Print Number 475A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Farley.
SENATOR FARLEY: On behalf of
Senator Velella, Madam President, I would like
to make a motion to restore an amended Senate
bill, previous print. And, Madam President, I
move to amend Senate Bill Number 6418B by
striking out the amendments made on 6/19 and
restoring it to its previous print of 6418A.
ACTING PRESIDENT McGEE: So
ordered.
Senator Farley.
SENATOR FARLEY: Thank you.
On behalf of Senator Leibell, Madam
President, I wish to call up his bill, Senate
Print 7259, which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
Senator Farley.
5834
SENATOR FARLEY: Madam President,
I offer the following amendments -- you don't
need to read it, right? -- and move to
discharge, from the Committee on Rules,
Assembly Print 10258B and substitute it for
Senator Leibell's identical bill, 7259A.
ACTING PRESIDENT McGEE:
Substitution ordered.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I would request unanimous
consent to be recorded in the negative on
Calendar Number 221, Senate 6106A.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR SEWARD: Yes, Madam
President, if we could return to Senate
Supplemental Calendar Number 55A and take up
Calendar Number 1541.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1541.
THE SECRETARY: Calendar Number
5835
1541, by the Senate Committee on Rules, Senate
Print Number 5616, an act to amend the
Education Law, in relation to the distribution
of information.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: May I have an
explanation of that -- of this legislation,
please.
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested.
SENATOR KUHL: Yes, Senator
Stavisky. This is a very simple-minded bill.
It simply would require a public hearing on
any renewal or initial application for a
charter school.
That's currently not the law. It's
a "may" provision. This simply makes it
mandatory to do that.
This is a bill that was before this
house last year and passed, on the
noncontroversial reading of the calendar, 58
to zero.
ACTING PRESIDENT McGEE: Senator
Padavan.
5836
SENATOR PADAVAN: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Padavan, on the bill.
SENATOR PADAVAN: I think it's a
great idea to have these public hearings,
Senator Kuhl. And we've had them.
We have, however, a problem which
we have to address, and I'm sure you will at
some point. Namely, that what the bill
requires basically is that the school
districts have hearings. It doesn't say
"may," they shall.
And as you know, come next June,
our community school districts are gone -
SENATOR STAVISKY: Madam
President, I have trouble hearing.
ACTING PRESIDENT McGEE: Senator
Padavan, just one moment, please.
Thank you.
SENATOR PADAVAN: I was pointing
out, Madam President, that as of next June,
June 2003, the community school boards in the
City of New York will no longer exist.
So obviously we don't have a
5837
vehicle specified to conduct these hearings.
Unless, as the bill states, the State Board of
Regents comes down, which is very unlikely, or
the charter entity has the hearing.
And frankly, I don't feel very
comfortable about that. It should be
someone -- now, perhaps it could be, and these
are ideas we could kick around, because we
have time to do it, a committee established by
the new Board of Education to conduct those
hearings. Some entity within the framework of
the 32 school districts where one of these
charter schools would be held.
So that's the only observations I
would make, Senator. I plan to vote for the
bill. But I think we have some work ahead of
us in terms of making it applicable in a very
practical way to the City of New York.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: If the sponsor
would yield to a couple of questions.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield?
SENATOR KUHL: Yes.
5838
ACTING PRESIDENT McGEE: Senator
Kuhl yields.
SENATOR STAVISKY: Madam
President, I don't have a problem with
changing "may" to "shall." I think that's
great idea.
I do have a problem, though, with
lines 16 to 19. For example, the Regents are
authorized to conduct the hearings. Do you
expect, Senator, that the people in the
community school district that's affected will
come to Albany for such a hearing?
SENATOR KUHL: Senator, we put
this additional provision in here, and I think
the point that Senator Padavan made is a good
one. But as we know, the Board of Regents is
pretty much charged with making policy for
education in the state. And they would
probably feel that they would belittle
themselves to hold a hearing such as this.
And that's why we put it into law.
We don't think a hearing which will actually
bring out all of the issues that surround the
creation, if you will, of a charter school or
the renewal of a charter school should be just
5839
not discussed. And so this is why we're
forwarding this particular provision. If a
school district -- if there is no school
district, as in the case of the City of
New York, it would be my position under this
proposal that in fact the Board of Regents
would have to either hold that hearing or the
actual charter entity themselves.
Now, I think Senator Padavan again
raises the point -- and I don't think we
should leave it up to an assumption. And so
the point will be, as we go through this
governance change in the City of New York,
that probably what we'll be looking at is
another specific provision dealing with the
City of New York. And for that, I certainly
would welcome your input and certainly welcome
Senator Padavan's input as to how or who
should actually hold that public hearing.
But I expect that next year's
session. It's a little bit late -- this is
the last day this year -- for us to deal with
that issue. But I expect that we've got lots
of time to address it. And sometime early
next session we'll probably bring back to this
5840
house an additional proposal that will affect
the City of New York specifically.
SENATOR STAVISKY: You've
answered my question, because you're
emphasizing the point that I was going to
make. Obviously the Regents are not going to
come to the community school districts to
conduct a hearing.
And therefore, Mr. President,
through you, I am concerned by having the
alternative, the charter school conducting the
hearing. What is your reaction, Senator, to
the charter school conducting a hearing on its
own application?
SENATOR KUHL: Well, I think that
is better than no hearing at all, Senator.
And the question is if you had this proposal,
at least it's a public discussion of what the
issues are going to be.
Now, the bill doesn't say that
anything has to be done, it just says the
issues need to be put out there so that there
can be a common discussion of these issues,
whether it's a loss of revenue to the existing
public school or whatever the issue happens to
5841
be.
Currently there is no mandated
discussion of those issues. So I think we're
taking this a step farther. And hopefully the
Regents will step in here and recognize the
responsibility and the need for the discussion
of these issues and undertake the
responsibility when a public school district
does not undertake the hearing.
Now, at this point, you know, we
hear the statements coming from public schools
that they don't have the money to conduct
these hearings, that sort of thing, so in some
cases they don't hold them. But we think it's
essential for the formation or renewal of a
charter school to have those issues out
publicly and give the public a chance to
discuss them.
SENATOR STAVISKY: On the bill,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky, on the bill.
SENATOR STAVISKY: If the
legislation ended at line 15, I would be
delighted and I would support the measure.
5842
However, as has been said, the school
districts are presumably going to go out of
business if they receive the clearance from
the Justice Department.
However, to give the Board of
Regents the power to hold a hearing I think is
of concern, because I don't think they're
going to hold a hearing in New York City. And
to let the charter school hold a hearing on
its own application, that's like letting a
criminal pass judgment on the crime that he is
alleged to have committed.
I am going to vote no on this bill
and hope that we can improve it next session.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Senator Padavan.
SENATOR PADAVAN: Yes. Without
belaboring the issue, I would draw attention
to the fact, those of you from the City of
New York, that when this bill refers to "the
school district," it is not referring to the
community school district. It's referring to
the school district which is the City of
New York.
5843
Now, we had a specific experience
in part of my district in College Point where
a charter-school applicant wished to establish
a K through 12 where it was mandatory that
every child learn Mandarin or not graduate. A
public hearing was held, not by the community
school district, but by the Board of
Education, central, the chancellor's office.
So that is an option.
I was simply pointing out before
that I think we can be more specific. So when
you understand that, we're not left here with
just the alternatives of just the Regents or
the applicant; we have the chancellor and the
new Central Board of Education, however it's
configured, as another option. And obviously
we would insist that they do it and not the
charter entity. And if they didn't, well,
we'd have to bring to play whatever persuasion
we could generate.
But I did want to point that out so
that it's clearly understood.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Yeah, I was
5844
going to also ask the question of what you
meant by the "school district." Because
generally they refer to the city school
district or the community school district.
And the term "school district" I think is very
imprecise.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield to one clarifying question.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, my understanding is we do
charter schools for two different systems in
the state, the Regents process and the SUNY
process. Would this rule apply to charter
schools going through both categories?
SENATOR KUHL: Correct.
SENATOR LIZ KRUEGER: It would go
through both.
5845
SENATOR KUHL: Yes.
SENATOR LIZ KRUEGER: Okay.
Thank you very much.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Stavisky recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President. If we could return to the original
active list and take up Calendar Number 1513.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1513.
THE SECRETARY: Calendar Number
1513, by Senator Seward, Senate Print 7723, an
act to legalize, validate, ratify and confirm
certain actions of the Dryden Central School
5846
District.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Seward, an explanation has been requested by
Senator Hevesi.
SENATOR SEWARD: Madam President,
this bill would, as it states in the title of
the bill, would legalize, validate, ratify and
confirm the actions of the Dryden Central
School District with respect to a capital
improvement project that had been approved by
the State Education Department back in 1997,
and subsequently the project was completed.
The need for this legislation is
that due to a staffing change in the business
office of the school district, the required
final building project report was not filed
with the State Education Department. And
subsequently, the district has been denied
building aid on that project.
So the bill would set up the
provisions so that the district would be able
to receive the building aid for that project,
since the final building project report has
5847
been duly filed, albeit late.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Would the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
Seward, will you yield?
SENATOR SEWARD: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you.
Madam President, through you, I
have no problem with this legislation. I just
want to clarify one point, that from the
circumstances described which necessitate this
legislation, this is a prior-year school aid
claim, because it is building aid that should
have been filed, wasn't, we are now going to
make that process legal.
I simply want to ensure that this
school district, pursuant to this legislation,
will not receive funding before anybody else
in line to receive the hundreds of millions of
dollars that the state currently owes local
school districts in prior-year school aid
5848
claims.
So my question is, is there
anything in this legislation which would allow
this school district to jump the line, as it
were, and receive payment prior to the payment
that they would receive as a regular
prior-year school aid claim?
SENATOR SEWARD: Well, Madam
President, there's nothing extraordinary in
terms of speeding up the aid to this school
district under this bill. It does contain
provisions that starting, actually, in the
2003-2004 school year is actually when they
would go on the list, in the proper order, for
the prior-year aid claim list. Which, I'm
sure you know, is a lengthy list.
SENATOR HEVESI: Thank you.
On the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Madam
President.
I support this bill. But I would
like to point out that we have not addressed
the prior-year school aid claim issue. And I
5849
hope somebody else continues to press it when
I'm no longer in this body, because it's a
huge issue. The City of New York is still
owed hundreds of millions of dollars.
If you want to hear bad fiscal
policy, Madam President, what we did in the
budget this year was to take the debt that the
City of New York has or is owed from the State
of New York and bond it out. We bonded out
money, we borrowed money for operating
expenses.
And we used that -- we're going to
use that money to finance a teachers'
contract. And this speaks nothing of whether
or not teachers deserve the raise. They
certainly do. We're going to use the money
that we borrowed to finance a teachers'
contract, the money for which will dry up
within a year or two, leaving the city with a
huge hole. And the taxpayers of New York
State will have to pay back the funds, with
interest, over the life of the bonds.
Horrible fiscal policy.
As opposed to the State of New York
paying its debt. The State of New York owes
5850
New York City and other school districts a lot
of money and just doesn't pay it back. And,
finally, this year there was a way to get a
political benefit out of repaying some of this
debt.
I hope, Madam President -- I
sponsor legislation which would correct some
of the inequities in the particular section of
the Education Law which has deliberately
shortchanged the City of New York. Though I
will applaud this house and the Governor and
the Assembly for at least taking the minimal
effort, in the last few years, of ensuring
that the oldest of the prior-year school aid
claims, when they age to ten years -- as would
then be required by accounting practices to be
written off as a debt which will not be
paid -- the state has, in those limited
circumstances, come up with the money.
That doesn't in any way address the
huge issue of the millions and millions of
dollars of aid that is owed to New York City
and to the other districts. I hope we take
care of that. Nobody talks about it.
And now we have a situation where
5851
we're going to add another school district to
the list. That school district, Dryden School
District, should receive that payment
promptly.
So we need to address this issue,
Madam President. It's another issue that I
don't think we're going to address by the time
we close session today. There are a slew of
issues like that, and this one really needs to
be handled appropriately.
But I'll be voting yes on this
bill.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Madam President,
still on the original active list, we will
5852
take up Calendar Number 1358.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1358.
THE SECRETARY: Calendar Number
1358, by Senator Padavan, Senate Print 7350A,
an act to amend the New York City Charter, in
relation to imposing civil penalties.
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR SEWARD: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR SEWARD: I move to
accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
5853
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Madam President,
if we could return to Senate Supplemental
Calendar 55A and proceed in regular order.
ACTING PRESIDENT McGEE: 55A,
yes, sir. The Secretary will begin reading
with Calendar 1538.
THE SECRETARY: Calendar Number
1538, by Senator Balboni, Senate Print 4015,
an act to amend the General Business Law and
the Penal Law, in relation to operating an
aircraft while intoxicated.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
5854
November.
SENATOR HEVESI: Madam President,
would you lay that bill aside temporarily for
Senator Duane.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
Senator Seward.
SENATOR SEWARD: Madam President,
in the interim, let's take up Calendar Number
1546.
ACTING PRESIDENT McGEE: That
bill is laid aside.
The Secretary will read.
THE SECRETARY: Calendar Number
1546, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8567A, an act to amend the Insurance
Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Balboni, an explanation has been requested.
SENATOR BALBONI: Yes, Madam
President. This bill would amend the
Insurance Law to expand those who could be
covered by group life dependency coverages.
5855
The bill would allow life insurers
in New York to offer more options to employers
for dependent coverage under group life
contracts.
Existing law, believe it or not,
prohibits National Guard groups from being
offered these types of insurance policies. In
addition to which, existing law prevents
parents from listing their stepchildren and
foster children as group life insurance
beneficiaries. And existing law prohibits
individuals from listing domestic partners,
disabled people, or elderly people dependent
upon them, from listing them as group life
insurance beneficiaries.
And, lastly, the average cost of a
burial in 1998 was between $8,000 and $10,000.
And according to a 1999 report from the
General Accounting Office, New York's existing
limit is $4,000. And this would change that
limit to meet the realities of today's burial
costs.
Thank you, Madam President.
SENATOR PATERSON: Would Senator
Balboni yield for a question?
5856
SENATOR BALBONI: Yes, Madam
President, I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator,
therefore both the stepparent and biological
parent of a child could list the particular
child, the same way both parents could on each
their individual group policy?
SENATOR BALBONI: That is
correct.
SENATOR PATERSON: Thank you,
Madam President.
SENATOR BALBONI: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
5857
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1551,
by Senator Alesi.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1551.
THE SECRETARY: Calendar Number
1551, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11551, an act to amend the General City
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1540,
by Senator Nozzolio.
5858
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1540, by
Senator Nozzolio.
THE SECRETARY: Calendar Number
1540, by Senator Nozzolio, Senate Print 5428A,
an act to amend the Judiciary Law, in relation
to the salary of the Monroe County surrogate's
judge.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Just briefly
on the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Just as a
personal note, this is a man who I ran against
in 1999 for the very judgeship that this
salary increase entails. It is with
enthusiasm and respect that I'm going to vote
in favor of this salary adjustment, which it
seems to me is only fair to the people of
Monroe County.
And, quite frankly, Ed Calvaruso
and I waged a vigorous and I think difficult
campaign is the best way to describe it, but
5859
he was the voter's choice. And he should be
paid fairly with other upstate Surrogate Court
judges.
I commend Senator Nozzolio for
bringing the bill to the floor. It's the
right thing to do.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect first day of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1538,
by Senator Balboni.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1538, by
Senator Balboni.
THE SECRETARY: Calendar Number
1538, by Senator Balboni, Senate Print 4015,
5860
an act to amend the General Business Law and
the Penal Law, in relation to operating an
aircraft while intoxicated.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Balboni, an explanation has been requested.
SENATOR BALBONI: This
legislation before us would create a new
crime, actually, of flying while intoxicated.
Now, strange as that sounds,
believe it or not, we have not been able to
find -- certainly there is no state statute,
and we've not been able to find any federal
statutes that specifically prohibit flying
while intoxicated or under the influence of
drugs.
So this bill essentially would take
the law as it relates to DWI in the operation
of a motor vehicle and apply it to flying
aircraft.
And of course, as we all know,
the -- it is absolutely amazing to think that
given the physics involved -- of course you
can all relate back to your high school
5861
physics class that talked about velocity
versus mass equalling energy. And of course
velocity is at the -- is times two, so it's
much more important in the equation than mass.
And therefore when you have a plane that goes
very fast through the air, it's much more
dangerous, obviously, than a vehicle of a
similar weight.
And what does that have to do with
this bill? Nothing.
(Laughter.)
SENATOR BALBONI: Other than the
fact that this is a serious loophole. And let
me just -- I mean, it's amazing to think that
people would actually try to fly while
intoxicated.
But let me -- first of all,
everybody in the chamber should realize how
popular flying has become over the last
decade. And a testament to that is if you
take a look at any New York aviation sites,
you can see the number of small airports
throughout the state.
Well, Aviation News, December 1999,
in Sarasota, Florida, a visibly intoxicated
5862
pilot was overheard arguing with two friends
who tried unsuccessfully to talk him out of
flying his light twin back home to Naples at
3:15 in the morning on December 12th. Miami
Center at Fort Myers approach were quoted as
saying that the pilot was incoherent during
the 45-minute flight.
Luckily, the pilot nevertheless
landed safely, but was immediately escorted to
the county jail by sheriff's deputies -- this
is in Florida. Authorities said the pilot's
blood alcohol level was nearly triple of what
would get him arrested for driving on the
roads.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield to a couple of questions?
ACTING PRESIDENT McGEE: Senator
Balboni, will you yield?
SENATOR BALBONI: Yes, I do.
SENATOR DOLLINGER: Senator, do
you have any evidence that this has ever
happened in New York State?
5863
SENATOR BALBONI: Yes, we do.
SENATOR DOLLINGER: Could you
provide me with that? Through you, Madam
President, if he'll yield to a second
question.
SENATOR BALBONI: While there
have been no recent front-page incidents with
regard to flying while intoxicated, the
potential for a midair collision or other
tragedy remains.
In May of last year, a 21-year-old
intoxicated pilot buzzed a tower in Miami
International Airport. The month before that,
the pilot took off from Mattituck, New York,
and landed on a highway in Maryland which he
mistook for a nearby airport.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Balboni will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Balboni, will you continue to yield?
SENATOR BALBONI: I do, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
5864
SENATOR DOLLINGER: Through you,
Madam President, do you have any proof that he
actually was intoxicated in New York? I mean,
he took off from Mattituck and he lands in
Maryland. But was he actually drinking in
New York, or was he in someone else's
airspace?
SENATOR BALBONI: I do not know
the answer to that.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do,
Madam President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Doesn't the
Federal Aviation Administration have an
elaborate penalty system for those who are
engaged in dangerous practices in flight? And
isn't this completely preempted by federal
law?
SENATOR BALBONI: Counsel informs
5865
me -- and we've done extensive research on
this -- that in fact the only mechanism that
is currently in federal law is the revocation
of a license, not a criminal penalty, believe
it or not.
SENATOR DOLLINGER: So through
you, Madam President, if the sponsor will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Balboni -
SENATOR BALBONI: I yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: If that's the
case, isn't the whole field preempted under
federal law, under the preemption doctrine,
that this is a federal area in which the
federal system of control regulates it and any
attempt by the state would be considered
inappropriate under the supremacy clause?
SENATOR BALBONI: As I'm sure
that you're familiar, the federal regulatory
scheme covers licensing.
As far as safety goes, that is
within the bailiwick of the state law.
5866
SENATOR DOLLINGER: Through you,
Madam President, just one other point of
clarification, if Senator Balboni will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Balboni, one more point of clarification.
SENATOR BALBONI: Yes, Madam
President, I yield.
SENATOR DOLLINGER: But, Senator
Balboni, you say that we can do this as part
of our safety powers over flight. But isn't
it a fact that the FAA has -- all the safety
regulations for small planes, for airports,
are all dictated by the Federal Aviation
Administration?
SENATOR BALBONI: That is not
true. Existing state law does in fact cover
the operation of state airports.
And in fact, your concern might be
as to interstate flights. But I assure you
that from Point A to Point B within the state,
it's solely within our jurisdiction.
And you could have multiple
jurisdictional enforcement of a criminal
statute should it go from one state to the
5867
next.
SENATOR DOLLINGER: Through you,
Madam President, just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Senator
Balboni always is on the cutting edge, whether
it's -- in this case it looks like he's on the
wing of a new flight, as we try to rein in
those who may be consuming alcohol while
flying airplanes in the state.
At least my understanding -- and I
appreciate his response to the questions. But
at least my understanding is this is virtually
controlled soup-to-nuts by the Federal
Aviation Administration. And I would think
that imposing a criminal penalty on things
that occur in flight is probably exclusively
under the federal jurisdiction, and we may not
have the power to do it.
However, I'm not going to vote
against this bill. I think it sends a message
that nobody should be flying an airplane while
under the influence of any stimulant, be it
drugs or alcohol. It just seems to me that
5868
makes good sense.
But my guess is that when all of
this comes through the final end product,
Senator Balboni's bill will be exactly that,
it will be a message. It may not be
effective, because this seems to me to be an
area exclusively within the province of the
federal government. And that's where all of
the restrictions on pilots and licensing and
penalties and inappropriate conduct in the air
should come forth.
This bill is obviously taking wing
in New York, but I think it will eventually be
grounded in a hail of federal law, Madam
President.
(Laughter.)
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Stavisky.
SENATOR STAVISKY: I just have
one quick question for the sponsor.
ACTING PRESIDENT McGEE: Senator
Balboni, will you yield for one quick
question?
SENATOR BALBONI: Yes.
5869
SENATOR STAVISKY: Does this
apply to all classifications of pilot's
licenses?
SENATOR BALBONI: Yes. Well, I'm
sorry, it applies to every pilot, not
necessarily -- if they operate a plane and
they're intoxicated, they would then come
under the restrictions of this law.
And just to respond, it's hard to
prove a negative, Senator Dollinger, but there
is no federal statute that provides for a
criminal penalty of flying while intoxicated.
There is none. There are federal regulations
that talk about the revocation of a license,
but there are no federal statutes.
And even if there were, we would
still not be precluded from passing a criminal
statute, because what if the federal
prosecutor sought not to prosecute? We have
that all the time, where there's a federal
statute and there's a state statute and it
covers the same conduct.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
5870
Read the last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1543, substituted earlier today by Member of
the Assembly Smith, Assembly Print Number
10597, an act to amend the Criminal Procedure
Law, in relation to designating.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested by
Senator Dollinger.
SENATOR VOLKER: Madam President,
this is a group of people, by the way, who I
used to have quite a few dealings with. This
is the fire investigation unit of the Buffalo
Fire Department.
5871
I'm not sure how many there are
now, but there never was very many of these
people. As somebody who was nearly killed in
an arson fire myself, and who worked pretty
closely with the fire investigators of the
Buffalo Fire Department, we had a lot of
arsons years ago that was worse.
But what's happening today, and one
of the reasons they want this, has to do with
the fact that with fewer police officers
around, frankly, with the security situation
we have, many of these people are at fire
scenes with no police. Because -- and
especially in some pretty tough areas of the
city of Buffalo.
What they're saying is -- and it
really isn't as much a matter of firearms,
it's a matter of having more authority. And
they've become very nervous because they have
no more authority than a private individual.
And being a peace officer does give them at
least the color of authority, additional
authority in the event that something occurs
while they're investigating a fire.
ACTING PRESIDENT McGEE: Senator
5872
Dollinger.
SENATOR DOLLINGER: Would Senator
Volker yield to a question, Madam President?
ACTING PRESIDENT McGEE: Senator
Volker, will you yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: The peace
officer status allows certain powers,
including one I believe is to carry a firearm
in certain circumstances.
Is there anything about this
particular arson unit in the Buffalo Fire
Department that would require them or that
would necessitate the wearing of a weapon at
the scene of a fire?
SENATOR VOLKER: Yeah, the answer
is yes.
But let's put this in perspective.
This does not allow the use of firearms.
These peace officer bills, all they do is mean
that you can short-circuit the licensing
process for a, you know -
SENATOR DOLLINGER: Okay.
5873
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: But through
you, Madam President, if he'd yield to the
question of do they need them.
And they get to short-circuit the
process of getting a weapon, making it easier.
But do they need them at the scene? Is there
evidence, in your judgment, that they do?
SENATOR VOLKER: Well, I must be
honest with you, I know a couple of fire
investigators that were shot at.
And you must remember one thing.
As I say, one of the interesting issues here
is that as there are fewer police officers in
most of our major cities -- and that's
particularly true in Buffalo, where we're just
having layoffs -- what normally happens is in
an arson fire or even in a warehouse fire or
whatever it is, in a bad neighborhood, the
police are usually hanging around there.
Well, the problem is that the
police now, because they're so busy and
there's fewer of them, they're not able to
hang around as much. So that a person who is
5874
doing a fire investigation may well be there
for a day or two afterwards, where there's no
law enforcement people anywhere in the area.
And frankly, they feel somewhat uncomfortable.
There have been assaults on fire
investigators.
And needless to say, there is one
other issue, and that is the issue that some
of these fires are clearly mob fires, shall we
say, or fires that were ordered by someone
or -- fiscal fires, is what I call them. We
used to have a name for them which I won't use
here. But they're clearly fires that didn't
happen automatically.
And the only reason -- and they've
been suggesting this would be a good idea.
It's really not the firearms, by the way, that
they want this for, I happen to know. Because
some of them do carry weapons now, they have
their pistol licenses and so forth. It's
really more a matter of authority and the
ability, for instance, to make an arrest if
someone does come after them or something.
SENATOR DOLLINGER: Through you,
Madam President, just briefly on the bill.
5875
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I've voted
yes, I've voted no on a proliferation of
police officers.
I do have a dream, though, Madam
President. I have a dream that the
proliferation of peace officers coming down
from the north part of the state will run into
the contagion of partial property tax
exemptions coming from the southern part of
the state, and there will be this little
legislative war between the two.
And the resolution will be, Senator
Volker, that peace officers will be able to
give partial property tax exemptions. We'll
solve both problems at the same time.
I'll vote aye, Madam President.
SENATOR VOLKER: Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: I just want to
say that I'll guarantee you that my peace
officers will have a better chance at getting
real property exemptions than people without
5876
peace officer status.
(Laughter.)
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
please go to Supplemental Calendar 55B,
noncontroversial.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1558, Senator Skelos moves to
discharge, from the Committee on Health,
Assembly Bill Number 219B and substitute it
for the identical Senate Bill Number 4946A,
Third Reading Calendar 1558.
5877
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1558, by Member of the Assembly Kaufman,
Assembly Print Number 219B, an act to amend
the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1560, by Senator Gentile, Senate Print 5418A,
an act authorizing the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5878
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1561, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number -
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1563, by Senator Farley, Senate Print 7470, an
act to amend the Social Services Law and the
Public Health Law, in relation to the
provision.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
5879
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1564, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Print Number 11521 and substitute it
for the identical Senate Print Number 7487,
Third Reading Calendar 1564.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1564, by the Assembly Committee on Rules,
Assembly Print Number 11521, an act to amend
the Correction Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
5880
THE SECRETARY: Calendar Number
1566, by Senator Bonacic, Senate Print 7654,
an act to amend the Tax Law, in relation to
certain tax rates.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1567, by Senator Hannon, Senate Print 7682, an
act to authorize the Village of Garden City,
in the County of Nassau.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
5881
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1568, by Senator Kuhl, Senate Print 7690, an
act to amend the Education Law, in relation to
prohibiting.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1569, by Senator Larkin, Senate Print 7691, an
act to amend Chapter 444 of the Laws of 1997.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
5882
2. Senators Duane and Stachowski recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1570, by Senator Spano, Senate Print -
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1571, by Senator Stafford, Senate Print 7713,
an act to amend the Executive Law, in relation
to including.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5883
1572, by Senator Johnson, Senate Print 7715,
an act to amend the General Business Law, in
relation -
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1573, by Senator LaValle, Senate Print 7726,
an act to amend the Education Law and the
Social Services Law, in relation to the
regulation of the practices.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2002.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5884
1574, by Senator LaValle, Senate Print 7727,
an act to amend the Education Law, in relation
to defining the practice of psychology.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 19. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1575, by Senator Johnson, Senate Print 7737,
an act to amend the Vehicle and Traffic Law,
in relation to seizure and forfeiture.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
5885
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1576, by the Senate Committee on Rules, Senate
Print Number 7746, an act in relation to
temporarily allowing providing medication.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Skelos, that completes the
noncontroversial reading of Supplemental
Calendar B.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 1568, by Senator Kuhl.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1568.
THE SECRETARY: Calendar Number
1568, by Senator Kuhl, Senate Print 7690, an
act to amend the Education Law, in relation to
prohibiting bullying on school property.
SENATOR DOLLINGER: Explanation.
5886
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested.
SENATOR KUHL: Thank you, Madam
President.
Just to remind the members, last
year we passed a bill that's called the SAVE
legislation, which was a major piece of
legislation dealing with providing safety for
our students in our schools. And it was a
result of a variety of hearings and input from
school districts and all the people who were
involved in that particular aspect of
providing education to our students.
One of the components of that piece
of legislation provided for a standard of
conduct to be adopted by each school district
in this state. And there are over 800 of
them, a variety of different types of
districts in this state.
What we have done in this
particular proposal is to address the issue
that has come to our attention of, quote,
unquote, bullying. This particular bill
defines what is bullying and it defines how
that is to be dealt with at the school level.
5887
And it deals with it just like violations of
the code of conduct that is developed by each
school district across this state.
In addition to that, one of the
things that we have been hearing from
schoolteachers and superintendents and
principals is the manner in which the
administration and, more importantly,
schoolteachers are dealt with by not only
students but people, parents, in a variety of
different settings.
So what we have done is develop a
new crime, that being aggravated harassment of
teachers or other school personnel, and made
that a Class A misdemeanor. So that if a
parent gets physically abusive at a
parent-teacher meeting with a teacher, that is
now, under this statute, a violation of the
criminal sanctions for which that person can
be sent to jail for up to a year.
So there are two components to this
piece of legislation. One is dealing with the
issue of bullying, and that's defined in the
language here, and also the mistreatment of
not only teachers but school personnel.
5888
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like to just ask Senator
Kuhl one question.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield for one question?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MONTGOMERY: Senator
Kuhl, your legislation, it refers to children
in the school or just only to adults?
SENATOR KUHL: No, it deals -
the bullying issue deals with children in the
school.
SENATOR MONTGOMERY: In the
school, thank you.
SENATOR KUHL: And it's only
public schools, Senator.
SENATOR MONTGOMERY: Only public
schools.
SENATOR KUHL: Only public
schools.
SENATOR MONTGOMERY: It doesn't
5889
cover the private schools?
SENATOR KUHL: No.
SENATOR MONTGOMERY: And would
you give me again the -- what is the penalty?
You said a Class A misdemeanor?
SENATOR KUHL: No, no, no, no.
No, no. You misunderstood me.
There are two components to this
bill. One deals with bullying, okay, and that
is dealt with the same way that some sort of
misappropriate conduct would be dealt with.
And that is set up in the system of each
individual school district.
But there also is a crime that is
created by adopting this statute dealing with
aggravated harassment of school personnel,
which includes teachers. That is a Class A
misdemeanor for which a person can be
sentenced to a year in jail.
SENATOR MONTGOMERY: Thank you,
Senator.
Madam President, just briefly on
the bill.
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill.
5890
SENATOR MONTGOMERY: Yes, thank
you. I would like to remind my colleagues
that we have already passed legislation which
is euphemistically referred to as the School
Safety Act, which includes and covers what I
believe Senator Kuhl's issue is in that
legislation, and in fact establishes the -
moves the crime of harassment or any other
kind of attack on a -- assault by a student or
an adult on school grounds at school as, I
think, a D felony.
So we have changed that from a
misdemeanor to a felony. So we already have
in statute an opportunity to in fact arrest or
have arrested or cause to be arrested and
charged with a violent felony a student or a
parent or any other adult in the school.
So I'm not sure why this is
necessary and what further protection the
teachers need, since we already have this in
law. So I'll be voting no on this
legislation.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Duane.
5891
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: I commend Senator
Kuhl for putting this bill on the table. As
many of you know, I've introduced a bill
called the Dignity for All Students Act,
which -- of which this bill, the Schools of
Safe Harbor Act, contains some of the
elements.
The problem of harassment in
schools is a very, very important one for us
to address. Girls in school reported a very,
very high level of being sexually harassed at
school. Nearly half of all students are the
victim of biased comments or offensive racial
comments. Anti-Arab and anti-Muslim bias
incidents and harassment is on the rise.
And of course there is the problem
of the enormous number of homophobic incidents
and remarks in schools. Just interestingly, a
large number of those comments are not
directed at students who identify as gay, but
rather towards students who are perceived to
5892
be gay. So in fact this kind of legislation
protects all students from harassment and
bias.
The bill doesn't include the
problem of harassment by teachers towards
students, which unfortunately is a problem in
school. In fact, about a third of all
harassing comments reported in schools towards
students come from teachers and not from other
students.
I think that it's terrific that
this bill recognizes the category of sexual
orientation. I think it would be better if it
also included gender identity and expression
as well as race, religion, gender, sexual
orientation, and disability.
I think that there should be
teacher training involved in the bill. I
think that the Department of Education should
be required to put forward a plan to help
implement safety in schools which includes
protected categories.
And what I would look forward to -
because the Assembly has passed a version of
the bill that's the same as my version of the
5893
bill, the Dignity for All Students Act. But I
would look forward to working with Senator
Kuhl on crafting legislation which meets the
needs and intention of both houses.
I agree with Senator Montgomery,
the bill that I've introduced, the Dignity for
All Students Act, does not include any
criminal element. Senator Kuhl's bill does
create the crime or put in law the crime of
aggravated harassment of teachers, school
personnel, and school board members, and makes
it a Class A misdemeanor.
I think that if we need that, it
doesn't belong in this bill. I think that
this bill should be a preventive measure. In
fact, that is what the Dignity for All
Students bill seeks to do, is to prevent
problems in schools for teachers and other
school personnel, as well as students, before
it begins.
I'm going to vote no on this,
basically in solidarity with the legislation
that I've introduced. But I am, as I say,
very hopeful that Senator Kuhl and I and other
members in the Senate can work together, along
5894
with members of the Assembly, to find a bill
that will be agreeable to all of us and which
does provide for the safest possible schools
in the state.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will Senator Kuhl yield to a couple
of technical questions?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield for some questions?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Senator, I'm
looking at -- this is one of the dangers of
lawyers reading these bills. I'm looking at
the definition of bullying.
The conduct that is prohibited
under this bill as bullying, isn't all that a
form of harassment? I mean, aren't -- with
the exception of sort of the conditions, and
it talks about slurs. I don't know that
that's in the state harassment statute.
5895
But certainly the physically
striking, engaging in physical conduct that
threatens another with harm, this is all part
of our harassment statute, is it not?
SENATOR KUHL: Well, Senator,
when you and I were growing up in school, I
never had anybody, a fellow student, say to me
"You're a big harasser." They said "You're a
big bully." So what we've tried to do was to
take that contemporary language and actually
define it as best we can.
And we know that because we had
this experience growing up in public school.
You've seen friends who were bullied. You've
probably been bullied yourself. You may even
have been the bullier, because you look like
you were -
SENATOR DOLLINGER: I was bullied
more often.
SENATOR KUHL: -- you look like
you were a fairly substantial, hardy young man
during those school years, so you might have
been on that side of it. I'm not accusing you
of anything, but I'm just saying -
You know, so what we tried to do
5896
was to use that contemporary language and
actually define it. And I think we've done a
pretty good job of covering all the types of
instances that occur in the public high
schools today as best we could.
SENATOR DOLLINGER: Secondly, the
disciplinary actions that a school district
can engage in, are those the same types of
five-day suspensions without a hearing and
then an additional five days with a
superintendent's hearing?
SENATOR KUHL: Yes.
SENATOR DOLLINGER: There's no -
that's the section that's referenced there? I
know it references specific portions of the
Education Law. I just wondered, is that the
system we're tying this discipline into?
SENATOR KUHL: The answer is yes.
We haven't deviated from those -- all those
opportunities of disciplining a child in any
way with regard to this particular type of
antifriendly conduct.
SENATOR DOLLINGER: Okay.
Through you, Madam President, if the sponsor
will continue to yield.
5897
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Is there any
requirement in this bill that if the school
district concludes that the conduct was a
crime that they would have an obligation to
report it to the police?
SENATOR KUHL: No.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Do you think
that would be appropriate under the system
that we're designing here? That if they
concluded that the bullying was more than what
you and I might consider bullying but it rose
to the level of actually being a crime, that
5898
they would have an obligation to actually
report it for purposes of criminal
prosecution?
SENATOR KUHL: We really didn't
attempt to address that issue, Senator. What
we tried to deal with was the issue of
bullying. That's been identified for the last
couple of years as being really antisocial
behavior. And so what we tried to do was
build that into the code of conduct in a
specific way that wasn't done in the SAVE
legislation.
But I would expect, Senator, if
some school official found in their
determination that there was a crime, that
they would forward it to the public
authorities.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will yield to
one other question.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
5899
SENATOR DOLLINGER: And you may
have explained this earlier to Senator
Montgomery. I was trying to pay attention,
but I want to make sure I understand.
The bill excludes nonpublic
schools.
SENATOR KUHL: Yes, that's
correct.
SENATOR DOLLINGER: Why does it
exclude nonpublic schools? They all have -
according to my recollection, they're required
by the SAVE legislation to have a code of
conduct. They're required to have in place
the same kinds of procedures for providing a
safe school environment.
SENATOR KUHL: No, that's where
you're mistaken, Senator.
This addresses and just couples
with what we did in the SAVE legislation.
Those nonpublic schools were not included in
that legislation. So what we tried to do is
just to carry our control over the public
schools one step further dealing with one
specific issue, and that is the bullying
issue.
5900
SENATOR DOLLINGER: Thank you,
Madam President. I thank Senator Kuhl.
I'm going to vote in favor of this
bill. I'm sympathetic to Senator Duane's
comments with respect to the Student Dignity
Act. I will vote for that bill if it someday
comes to the floor. But I think this is a
first step in dealing with a problem that
unfortunately, I'm sure as Senator Kuhl knows,
the bullying is clearly a problem.
The great danger in what we've
experienced in our public schools throughout
this nation is that unfortunately those who
are bullied tend to come back to school armed
with weapons to extract revenge on the
bullier. And what we have is a cycle of
violence that reaches its peak, as it did in
Colorado when those who have been victimized
by the bully come back prepared to take their
revenge with, instead of slurs and epithets,
with automatic weapons or dangerous weapons.
I think this is a good step in the
right direction. As I said, I think when the
bill that Senator Duane is working on comes to
the floor, I will even more enthusiastically
5901
embrace it. But as a first step, this goes in
the right direction.
Thank you.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: I've just got
one very, very quick question. Through you,
Madam President. Why are the nonpublic
schools -
ACTING PRESIDENT McGEE: Senator
Kuhl, do you yield for Senator Stavisky?
SENATOR STAVISKY: One question.
ACTING PRESIDENT McGEE: For one
question.
SENATOR KUHL: Yes.
SENATOR STAVISKY: Why are the
nonpublic schools exempted?
SENATOR KUHL: Essentially
because we didn't include them in the SAVE
legislation.
ACTING PRESIDENT McGEE: Senator
Kuhl cannot hear himself speak. Can we please
have some quiet in the chamber.
Thank you.
SENATOR KUHL: Senator, we did
5902
not include them in the legislation that we
did last year. And that is primarily because
they're not bound by any of these codes of
conduct that we pass here. They're nonpublic
schools.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: On the
bill.
SENATOR HEVESI: Madam President,
I support this bill. As many of my
colleagues, I believe that Senator Duane's
bill will similarly go a long way to doing
what we all really want to do here, which is
protect children in New York State. And this
bullying legislation is really the way to go.
The cases of explosive violence
invariably are a consequence of this form of
bullying. But what often goes unnoticed for
so long are the cases where people suffer in
silence as children and it permeates their
lives and their personalities and does lasting
5903
harm. So protecting children is the key.
But, Madam President, it's
3:00 o'clock on the last day of session. I
suspect that we will only be here for another
four or five hours. And if that's the case
and we don't take legislative action on
several other issues, we will be grossly
negligent in protecting children in New York
State.
And the issue that we need to take
up, as urgently if not more urgently than
Senator Kuhl's legislation to protect
children, is this issue of clergy abuse and
what we need to do to protect children.
Madam President, yesterday in the
Daily News there was a story about a grand
jury report that came out of Westchester
County, and I have the report in my hand. And
I'd like to reference it because it
specifically calls on us, the New York State
Legislature, to take specific legislative
action. And we're not going to do it, I don't
believe, Madam President, and it's a travesty.
So this grand jury in Westchester
County met for three months, in April, May,
5904
and June of this year, on 15 separate
occasions, heard from scores of witnesses and
victims of abuse, and reviewed thousands of
pages of documents and came up with four
legislative recommendations for us. And by
the way, the abuse that they heard, this grand
jury, occurred in our Senate districts.
Here are the recommendations.
Number one, amending the New York Criminal
Procedure Law to eliminate the statute of
limitations where the victim of a sex offense
is a minor.
Now, we did that in this house.
Senator Skelos brought the bill to extend from
age 23 to 33 the age that a victim can report
abuse to be pursued criminally. This report
recommends that the statute of limitations be
eliminated completely. I don't know where the
Assembly is on this. This is not a political,
partisan issue. Where is the Assembly on this
issue? I don't know.
The second recommendation that was
made, amending the New York Social Services
Law to require that clergy members or other
employees or officials of a religious
5905
institution must immediately report to law
enforcement authorities any allegation of
sexual abuse and/or misconduct toward a minor
and provide felony sanctions for all mandated
reporters who fail to do so.
Now, we took a stab at this one,
Madam President. Senator Saland brought this
bill earlier in the session. As I have said
before, not a great bill. It didn't mandate
that the reporting go to law enforcement, even
though every allegation of sexual abuse
towards a minor is by definition a crime. And
I'm not sure whether it had felony-level
penalties for failure to report.
But where is the negotiation? I
know that the Assembly had a bill. Their bill
I liked better. It was more strict. But
where is the negotiation on this?
Number three, the grand jury
reports that we should amend New York penal
law to provide criminal penalties for any
individual or organization that allows an
employee with a known record of child sexual
abuse or misconduct access to minors. We
haven't done that.
5906
In fact, according to a recent
television report that I saw, there are five
states where individuals are pursuing criminal
charges against the Catholic Church using RICO
statutes, a pattern of organized crime, for
their failure and their willful intention of
suppressing evidence and obstructing justice
in these cases. We haven't done that.
And, finally, amending the New York
Civil Practice Law and Rules to prohibit
confidentiality agreements when settling
claims of sexual abuse and misconduct
involving minors. We haven't done that
either.
These things are essential that we
do. Much like Senator Kuhl's bill to protect
children from bullying, if we don't do these
things, you know what's going to happen, Madam
President? I'm going to give you an example
of what's going to happen.
If we don't mandate the reporting
by the end of this session, here's what's
going to happen. What's going to happen is
exactly what has been happening, and here's
what the grand jury said has been happening:
5907
In none of the cases reviewed by the grand
jury in which the religious institution
received an allegation of child abuse or
misconduct was the information reported to law
enforcement. In none of the cases.
As a result, the prosecution of
these offenses is barred by New York State's
statute of limitations. Every victim and
family member who testified stated that the
religious institution never recommended that
they report the abuse to law enforcement
officials. And the evidence piled up not only
how the church didn't compel the individuals
or suggest the individuals report the crimes,
but they took great action to prevent them
from doing so.
Madam President, we are going to
pass this bullying legislation today to
protect children, but the Assembly is nowhere
on the statute of limitations. It's a
disgrace. And we are nowhere on a
watered-down version of a clergy notification
bill, of which the Assembly has a stronger
version, and there's no negotiations because
there's no conference committee.
5908
And we don't have a piece of
legislation which would criminalize the
actions of the Catholic Church here in
New York State which, documented, time and
time again over the past 20 or 30 years have
taken allegations of sexual abuse against
children, those members of the clergy against
whom the allegations were made, put them in
rehab under the guise of having a problem with
alcohol or substance abuse, and six months
later put them in another facility, didn't
tell the congregants of that facility that
this individual had a history of complaints
against them, and then that member of the
clergy went and raped children.
That's disgusting and disgraceful.
And there's nothing illegal about it under
New York State law currently. How do we not
pass that law?
And finally -- and this was a novel
approach, I haven't heard this discussed very
much -- prohibiting the confidentiality
agreements in civil settlements. That's a
good idea as far as children are concerned of
abuse, because the Catholic Church in many
5909
instances bought the silence of victims. And
what that does, in addition to being an
injustice to the victim itself, everybody else
out there, who if exposed would be protected
against these priests, these potential victims
became actual victims.
Madam President, there are four
solid things emanating from a grand jury
report that was just released that will go so
far, and they're so simplistic in their
applications, so necessary, as documented
through the media, through these reports,
through evidence, and through our collective
common sense, that if we don't take this
action this session we have been grossly
negligent in this chamber.
So I support Senator Kuhl. I
support everybody else in here who's
interested in protecting children. Let's do
this already. And to the Assembly, move on
statute of limitations. Let's go. This is
not Democrat or Republican. This is
protecting children.
So I support Senator Kuhl's
legislation, Madam President, but urge the
5910
leadership in this house and the leadership in
the other house and the Governor to get
together and act on this life-and-death issue.
I'm not going to be silent as this session
expires and we don't protect our kids. It's
wrong.
I'll be supporting this bill,
though.
ACTING PRESIDENT McGEE: Senator
Saland.
SENATOR SALAND: Thank you, Madam
President.
I'm not quite sure how germane the
comments dealing with the clergy bill may have
been to Senator Kuhl's bill. But inasmuch as
they were raised, let me assure this chamber,
and particularly Senator Hevesi, that there
have been ongoing negotiations virtually daily
for the better part of the past week. Those
negotiations are going on even today. The
Assembly is involved, the Governor is
involved, and certainly the Senate is
involved.
And whatever characterizations you
may have heard, with regard either to the
5911
process or what has occurred to this point,
certainly do not reflect the reality of what
has occurred, nor do they have any basis
whatsoever in fact, nor is there any reason to
interject, I believe, the comments regarding
this very, very serious issue into Senator
Kuhl's efforts to pass this legislation.
But I would like to certainly lay
to rest this idea that certainly neither this
house nor the other house is seeking to close
and I would hope and reasonably expect that
that will be accomplished before we leave here
today.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: I was looking to
close debate.
ACTING PRESIDENT McGEE: Senator
Hevesi, do you have another question?
SENATOR HEVESI: Yes, thank you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Madam President,
very briefly.
5912
I had no desire to interject this
discussion within the context of Senator
Kuhl's bill, except that it is about
protecting children. But there's no public
process regarding this legislation. I have no
say over the control of what legislation comes
to the floor. There have been no hearings
about this.
I am not privy, as I don't believe
any of my colleagues are -- on this side of
the aisle, at least -- to any conversations
that may be happening in terms of a
negotiation on this or any other issue between
this house and the other house and the
Governor.
And I therefore want to be vocal
about this issue, Senator Saland, because I
know you care about it and I care about it.
But I think to suggest that it's untoward of
me to bring this issue up in the context of a
bill which does deal with protecting children
is a bit unseemly in and of itself.
I will use every opportunity that I
have to be vocal about issues that I can be
vocal about when I think there's an injustice.
5913
And with several hours left in session, I'm
not going to relinquish that opportunity.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
Just in light of Senator Hevesi's
comments, I do want to note that I'm in the
process of drafting legislation which would
prohibit that kind of confidentiality, both in
the cases to which the Senator referred to
before and also agreements which may be made
between school boards or a school and what
happened in terms of bullying or some other
kind of harassment of students, so that a
school district and a school would not be able
to cover up that sort of incident and people
would know about it, so there would be more
tools available, again, to prevent it in the
future.
And as I said, the legislation
would also cover the other horrible incidents
which Senator Hevesi has referred to. So I
look forward to working with him on it both as
a senator and as a private citizen.
5914
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
Senator Kuhl to close, please.
SENATOR KUHL: Yes, thank you,
Madam President.
I certainly appreciate the support
that is being generated from the other side of
the aisle, particularly from Senator Dollinger
and Senator Hevesi.
And I wanted to kind of remind
Senator Montgomery, who seemed to have some
concern that this was a bill that was
duplicitous, that in the SAVE legislation last
year that we adopted we did create a felony
offense for assaulting a teacher. But there
is nothing that specifically talks about
harassing a teacher or a school board member
or other school personnel specifically.
So what we did in this legislation
was to talk about the crime of aggravated
harassment of teachers, school personnel, and
school board members when an individual
intends to harass them or annoy them or alarm
them. So it specifically addresses that issue
5915
that occurs at parent-teacher conferences, at
school board meetings, which are meant to
really derail from the actual employment, if
you will, for a very limited sum of zero
dollars, that all of those school board
members put forth their public service. So
that is the specific type of situation that is
specific to those members.
Now, this is meant to deal with the
issue of bullying and also the issue of
harassing school personnel or teachers. And
we have done, I think, very, very succinctly,
in defining what is bullying by saying it
means threatening, stalking, or seeking to
coerce or compel a person to do something,
engaging in verbal or physical conduct that
threatens another with harm, including
intimidation through the use of epithets or
slurs. That's the type of unacceptable
conduct that we're attempting to deal with.
And I did not tell you and nobody
asked whether or not this particular bill was
supported by any of the people in that
community. And it is. School boards are
endorsing this proposal. And, more
5916
importantly, the New York State United
Teachers support this. And I wanted to read
from their memo and statement of support,
because I think it's a very concise statement
of why we all should support this proposal.
They say: "Bullying in schools is
widespread and has negative consequences for
the entire school community and for the right
of students to learn in a safe environment
without fear. It is a serious problem that
can dramatically affect the ability of
students to progress academically and
socially.
"This type of behavior must not be
tolerated in our schools. Students need a
safe environment in school in order to
concentrate on academic progress and personal
growth. They should never have to be
preoccupied by the threat or the actual
occurrence of verbal or physical bullying.
"Victims of bullying are more
likely to skip school or drop out entirely.
Moreover, they are more likely to engage in
high-risk behavior, such as drug use, alcohol
abuse, and even suicide. In some cases,
5917
victims of bullies may even become aggressive
toward others.
"The unhealthy school atmosphere
created by such behavior is detrimental to all
students. This bill, the Schools of Safe
Harbor Act, will strengthen Project SAVE by
adding provisions that prohibit acts of
bullying and harassment of pupils and school
personnel on school grounds. This is a
significant step toward meeting our commitment
to ensure our public schools are safe havens
for the entire school community."
And they say "The New York State
United Teachers strongly urges the enactment
of this bill."
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: I was just
going to explain my vote.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
September.
5918
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. Just briefly. Hopefully I can
stay within the two minutes. I know that I
have to.
I am going to continue to oppose
this legislation. And I fully understand
Senator Kuhl's attempt. I certainly don't
blame him for trying to address the issue of
bullying and other kinds of harassment.
I think, however, that this is a
very sad statement for us to be in -- allowing
ourselves to be put in a position that we
attempt to regulate every single behavior on
the part of young people by threatening to
punish them with imprisonment.
And this bill also includes
parents. And it says very clearly in the
legislation that anyone who acts with intent
to harass, annoy, or alarm. So if I have a
teacher conference with my child's teacher and
5919
I annoy her or him because they don't like the
questions that I ask or that I become upset
and I alarm them -- because I do talk loud,
everybody knows that, and I tend to be very
excited -- I can be arrested and charged with
a misdemeanor and I could spend a year in jail
because I became upset with my child's teacher
in school or the principal or some other
person.
And we are putting children in
harm's way with this legislation. Let's not
deceive ourselves. All of this behavior that
is referred to as bullying, some of it is
simply aggressive boy behavior. Every one of
us have called our friends names. We have
called them all kinds of names. We still do
call each other names. I call people names
all the time. Am I bullying them? Am I
dangerous to them? Does it require that I be
arrested for that?
So I think this is just going a
little bit too far, and I am going to continue
to vote no. Thank you.
ACTING PRESIDENT McGEE: Senator
Montgomery will be recorded in the negative.
5920
Announce the results.
THE SECRETARY: Ayes, 56. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
Senator Gentile, I'm sorry.
SENATOR GENTILE: Yes, Madam
President. If I might, I'd ask for unanimous
consent to be recorded in the negative on
Supplemental Calendar 55B, Calendar Number
1566.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could go to Supplemental Active List
Number 1 and take up Calendar Number 1470, by
Senator Balboni.
ACTING PRESIDENT McGEE:
Supplemental Calendar Number 1, Number 1470.
5921
The Secretary will read.
THE SECRETARY: Calendar Number
1470, by Senator Balboni, Senate Print 7518A,
an act to amend the General Municipal Law and
Chapter 272 of the Laws of 1939.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
please call up Calendar Number 1471, by
Senator Fuschillo.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Not to
interrupt, I just wonder if I could vote no on
a particular bill, 1533.
5922
ACTING PRESIDENT McGEE: Without
objection.
Senator Maltese.
SENATOR MALTESE: Madam
President, I request unanimous consent to vote
in the negative on 1533.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1471, by Senator Fuschillo, Senate Print
7532A, an act to amend the Real Property Tax
Law, in relation to partial abatement.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Please call up
5923
Calendar 1472.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1472, by Senator Skelos, Senate Print 7636A,
an act to amend the Public Authorities Law, in
relation to increasing.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Please call up
Calendar Number 1473, by Senator Hannon.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1473, by Senator Hannon, Senate Print 7698, an
5924
act to amend the Real Property Tax Law and the
Nassau County Administrative Code.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Skelos.
SENATOR SKELOS: Please recognize
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. If the sponsor would just
yield to one question about -- I know this
clears up an historic problem with property
tax exemptions and property assessments in
Nassau County.
Does this in any way affect the
problems that have occurred with respect to
partial property tax exemptions?
SENATOR HANNON: Senator, what we
are trying to do here is allow the assessment
review commission sufficient time, and more
than sufficient time than is ordinarily the
case in any of the other assessing
jurisdictions in the state, to go through the
assessment rolls, determine if there are any
grievances that can be settled, and to restore
5925
an equity to those assessments.
What we have done is change a
number of dates along the way, so that those
reforms are far-reaching. And in fact, that
is why there is a sunset in here after a
decade for that. So we would go back to the
historic procedures.
It was thought, first of all, there
was not a great deal of chance to go into the
exemption process, but it was also thought
that to take other changes would be far too
much. We need to go to the essential goal. I
know that it has been a concern of yours, and
frankly it's one that I share with you, of a
goal that I'd like to get to.
But the major, overarching goal was
to take this system as it currently exists,
which is a drain on taxpayer resources in the
county, reform that so we can go further in
the future. So the short answer, directly, is
no, we were not able to do that in this piece
of legislation.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
5926
Madam President, just briefly.
I accept Senator Hannon's
explanation. I think this is -- I'm not from
Nassau County, but I'm familiar with its
assessing practices. Anything that gets to
the goal of reforming those, improving that
very difficult issue, since it involves the
real property tax base and who is going to pay
what and how they're going to pay their fair
share -- if this process gets us closer to
doing that in Nassau County, I'm all for it.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 1577, by Senator
Hannon.
5927
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1577.
I'm sorry. Senator DeFrancisco.
SENATOR DeFRANCISCO: I had just
gotten up in order to request unanimous
consent to be recorded in the negative on
1533.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1577, by Senator Hannon, Senate Print 7774, an
act to amend the Real Property Tax Law and the
Nassau County Administrative Code.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
Senator Skelos.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
5928
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2002.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
to explain my vote.
Today the New York State Assembly
and Senate are approving a four-part
legislative package designed to facilitate
Nassau County's fiscal recovery. I'm very
proud that Nassau County's representatives in
the State Legislature possess a long record of
5929
partnering across party lines in service of
our shared constituency.
Together we have diligently sought
to address the county's ongoing fiscal
situation and ensure the continuation of vital
services for local residents. As such, these
new laws will empower the county to take such
actions deemed necessary to restore its fiscal
health while including crucial protections for
taxpayers.
Following the conclusion of the
state legislative session, we will continue to
analyze other proposals and work to develop a
comprehensive solution that addresses the
county's needs and remains responsive to the
express concerns of the ratepayers and Nassau
County residents.
And I'd also like to thank Tracy
Lloyd, in my office, who has worked diligently
and hard for many, many weeks and months to
see that this legislation has come to the
floor for a vote today.
And I believe the Assembly will be
passing the bills later today and we will
have, hopefully, the Governor's signature
5930
shortly thereafter.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I ask unanimous consent to be
recorded in the negative on Calendar Number
1533, Senate Bill 475A.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: If we could go
to Supplemental Calendar 55B and take up
Calendar Number 1576. It's a Rules bill that
Senator LaValle will be responding to if there
are any questions.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1576.
THE SECRETARY: Calendar Number
5931
1576, by the Senate Committee on Rules, Senate
Print Number 7746, an act in relation to
temporarily allowing.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested by
Senator Dollinger.
SENATOR LAVALLE: Senator
Dollinger, the best way I can explain this
bill is it is a work-in-progress bill. And
what we're doing statutorily is allowing some
procedures to move forward in the Office of
Children and Family Services' daycare centers
dealing with medications and the standards and
the procedures that that medication will be
administered.
If you will notice, in the bill it
has a legislative findings and intent. And
you can just read through that, and it will
tell you that the Legislature intends that
existing practice be clarified to enable the
providing of medication and treatment to
5932
children in such settings in a safe,
practical, appropriate and lawful manner.
At the same time, what we are
saying here -- this bill sunsets in June of
2003, and at the same time indicates that the
regulations to establishing such standards are
to be in place by April 1, 2003.
What we want to do with the
standards for medication and who administers
that medication is to ensure that wherever
practical, those individuals who are licensed
would be administering the medications.
And also, as you see when you read
the legislative findings, it talks about
recordkeeping and other kinds of procedures
that we feel need to be bolstered and
increased. But at the same time, we need for
things to move forward. And I think the -- as
you're reading, you can see the findings talk
about that, that we need things to move
forward. But at the same time, by April 1,
2003, we need new standards to be in place.
You will also note, as you're
reading, that we intend the Office of Children
and Families will be bringing in licensed
5933
professionals, parents, daycare providers,
et cetera, to make sure that, as stakeholders,
that they have the input into actually
developing these standards.
I have now talked long enough for
you to have read that, and hopefully I brought
you through your readings in an accurate and
complete manner.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, if Senator LaValle will yield for a
question.
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: The major
reason why I laid this bill aside, Senator
LaValle, was because it did have that
work-in-progress feel to it.
And my question deals with, was
Title VIII of the Education Law construed by a
court or by some regulatory agency to prohibit
the providing of medications to children under
the rules?
5934
SENATOR LAVALLE: Yes, under
the -- the answer is yes, under the Nurse
Practice Act, by the State Education
Department that, as you know, licenses nursing
and has a Board of Nursing. So yes, it was
the State Education Department.
SENATOR DOLLINGER: So through
you, Madam President, if Senator LaValle will
continue to yield for a question.
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: So in essence
what we're saying is even though the
Department of Education has concluded that we
may have intended some restrictions, we
actually didn't intend those restrictions and
we want to give them the broad authority to
allow medications to be dispensed by a variety
of healthcare practitioners, including nurse
practitioners?
SENATOR LAVALLE: Well, I think
we want to look at the whole field to make
sure, as the findings talk about, that we want
to make sure that those who may be doing so
5935
outside of the licensed profession are
individuals who are doing it in a safe manner.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, I appreciate Senator LaValle,
who always can bring a work in progress and
give it definition on the floor of the Senate.
I'm going to vote in favor of this
bill. I'm still not quite sure I fully
understand it, but at least as I see it, it
says we've started to do something that we
want to continue -- even though someone
somewhere has said maybe we didn't intend to
have that happen, we would like to continue to
have it happen because it reaches that
laudable goal that's articulated in the
legislative findings about making sure that
kids that go to daycare get proper
medications.
So I think this is a classic
example, Madam President, of at times we send
a message to our agencies about what we want
to have happen; they get the message garbled,
either because it's inconsistent with
5936
something we've done previously or there is
other legislation at the state or federal
level that may confuse them; they come out
with a ruling that says to us, wait a second,
that's not what we intended.
I have no problem doing what
Senator LaValle suggests, which is going back
to them and saying: This is what we really
want you to do, we'll be absolutely clear, at
least in the short term. Do a study, figure
out what the right thing to do is, but don't
stop a practice that we think benefits kids in
daycare.
Under those circumstances, I vote
yes.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
5937
Senator Skelos.
SENATOR SKELOS: Madam President,
on Supplemental Calendar 55A would you please
call up Calendar Number 1535.
ACTING PRESIDENT McGEE: The
Secretary will read, on Supplemental Calendar
55A, Calendar Number 1535.
THE SECRETARY: Calendar Number
1535, by Senator Leibell, Senate Print 3248A,
an act to amend the Education Law, in relation
to adjusting.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
5938
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1548,
by Senator Morahan.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1548, by Senator Morahan, Senate Print 7354C,
an act in relation to authorizing the builder
of a wastewater treatment plant.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
5939
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if you would recognize Senator Wright for
several motions.
ACTING PRESIDENT McGEE: Motions
and resolutions.
Senator Wright.
SENATOR WRIGHT: Madam President,
on behalf of Senator LaValle, on page number
5940
19 I offer the following amendments to
Calendar Number 553, Assembly Print Number
6942D, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR WRIGHT: On behalf of
Senator Skelos, I wish to call up Print Number
75, recalled from the Assembly, which is now
at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
46, by Senator Skelos, Senate Print 75, an act
to amend the Navigation Law.
SENATOR WRIGHT: Madam President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
SENATOR WRIGHT: Madam President,
5941
I now offer the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are a number of substitutions
at the desk, if we could make them at this
time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 13,
Senator Leibell moves to discharge, from the
Committee on Rules, Assembly Bill Number 10196
and substitute it for the identical Senate
Print Number 2362A, Third Reading Calendar
348.
On page 25, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11094 and substitute it
for the identical Senate Bill Number 5672,
Third Reading Calendar 731.
On page 37, Senator Maltese moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8330A and substitute it
for the identical Senate Print Number 5302A,
5942
Third Reading Calendar 968.
On page 38, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11085B and substitute it
for the identical Senate Print Number 7144B,
Third Reading Calendar 983.
On page 39, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6167 and substitute it
for the identical Senate Print Number 2404,
Third Reading Calendar 999.
On page 40, Senator Padavan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6790 and substitute it
for the identical Senate Print Number 1244,
Third Reading Calendar 1009.
On page 44, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Print Number 10203 and substitute it
for the identical Senate Print Number 2176A,
Third Reading Calendar 1122.
On page 47, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Print Number 9640 and substitute it
for the identical Senate Print Number 6762,
5943
Third Reading Calendar 1156.
And on page 49, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Print Number 11618A and
substitute it for the identical Senate Print
Number 7158A, Third Reading Calendar 1252.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please go to Supplemental Active
List Number 1, noncontroversial.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
30, by Senator McGee, Senate Print 4339, an
act to amend the Real Property Tax Law, in
relation to increasing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
ACTING PRESIDENT McGEE: Call the
roll.
5944
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
467, by Member of the Assembly Klein, Assembly
Print Number 10155A, an act to amend the
Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Balboni, to explain his vote.
SENATOR BALBONI: The
significance of this bill that's going to pass
right now, if the Governor signs this bill
this will be the only bill, the only bill this
session that becomes a part of the terrorism
package. This is it. Nothing else. But at
least we'll get one.
And at this time I'd like to thank
5945
Senator Dean Skelos for all the work that he's
done with me on this issue.
Thank you, Madam President. I vote
yes.
SENATOR PATERSON: Madam
President, I'm sorry. We're on the bill,
aren't we, Madam President?
SENATOR BALBONI: We're on the
roll call.
SENATOR PATERSON: We're on the
roll call?
ACTING PRESIDENT McGEE: We're
explaining our vote, Senator Paterson.
SENATOR PATERSON: Well, Madam
President, certainly I vote yes as well. I
mean, if Senator Skelos and Senator Balboni
went to all that work, I'm certainly in
support of it.
But it was interesting that the
City of New York did give us a memo, so did
NYCOM. They didn't think it was necessary. I
was going to ask Senator Balboni why they felt
that way, because I didn't understand why that
would be the case. But I didn't realize we
were on a roll call.
5946
I vote aye, Madam President.
ACTING PRESIDENT McGEE: Thank
you.
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
659, by Member of the Assembly Magee, Assembly
Print Number 3948D, an act to amend the Public
Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
744, by Senator Morahan, Senate Print 4737B,
an act to amend the Military Law, in relation
to public employees.
5947
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
789, by Senator Volker, Senate Print 5374, an
act to amend the Court of Claims -
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
832, by Senator Libous, Senate Print 7284, an
act to amend the County Law, in relation to
the assigned counsel.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5948
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
943, by Senator Seward, Senate Print 6701A, an
act to amend the Insurance Law, in relation to
the producer.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 53. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
983, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
11085B, an act to amend the Public Health Law.
ACTING PRESIDENT McGEE: Read the
5949
last section.
SENATOR DOLLINGER: Lay it aside
please, Madam President.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1013, by Senator Leibell, Senate Print 5088,
an act to amend the Town Law and the County
Law, in relation to title.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3 -
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1122, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
10203, an act to amend the Administrative Code
of the City of New York, in relation to
allowing.
ACTING PRESIDENT McGEE: The bill
is laid aside waiting for the home rule.
THE SECRETARY: Calendar Number
5950
1143, by Senator Maltese, Senate Print 5852C,
an act to amend the Administrative Code of the
City of New York, in relation to increasing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1144, by Senator Maltese, Senate Print 6101B,
an act to amend the Retirement and Social
Security Law, in relation to deputy sheriffs.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
5951
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1350, by Senator Spano, Senate Print 7583, an
act to amend the Education Law, in relation to
a maintenance of effort.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
348, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
10196, an act to amend the Retirement and
Social Security Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
5952
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
please call up Calendar Number 983, by Senator
Farley.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 983, by
Senator Farley.
THE SECRETARY: Calendar Number
983, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
11085B, an act to amend the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect -
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Farley, an explanation has been requested.
Can we please have some quiet so
that Senator Farley can explain the bill for
Senator Paterson.
SENATOR FARLEY: Thank you.
This is a bill that I've worked on
5953
for five years which has already passed the
Assembly, unfortunately for me. It passed
earlier here in this house, unanimously,
earlier this year.
It's a bill that's really a
forerunner to something that is supported by
the physicians, by almost everyone, to allow
volunteer physicians, particularly those that
are retired, to establish a free clinic for
uninsured inner-city residents.
This B version was a bill -- we
passed it, over in the Assembly they made some
modest amendments to it, didn't mean anything,
really, and it's come back here. They have
since passed the B version, I think
unanimously.
And these free clinics will be
staffed by volunteers, mostly retired doctors
that have been successful in other states.
This is a model I think that you're going to
see adopted throughout the state.
It's been endorsed by the Medical
Society. They're very interested. The New
York State Catholic Conference of Volunteer
Physicians, St. Clare's Hospital Family Health
5954
Center, the Ellis Hospital in Schenectady,
Sunnyview Hospital of Schenectady, the Family
Health Services, the Hamilton Hill Forum, the
Bethesda House -- that's a shelter that will
house the volunteer project.
This program could be expanded to
other parts of the state. I think -- it's a
bill that I'm very proud of, even though I
won't get the chapter. But I urge its
passage.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I am, Madam
President, sorry that Senator Farley had to
work on this for five years, because it's such
a great idea I would think that it would
illuminate anyone that heard about it.
I just have a question with respect
to the rules and regulations that are waived
in the bill and whether or not it would have
any impact on public safety. In other words,
we're not going to waive any opportunity of a
victim to bring action in a court, are we?
SENATOR FARLEY: This requires
that the volunteer program, Senator Paterson,
5955
provide malpractice insurance coverage for the
volunteers, that the program obtained local
funds to pay for the malpractice insurance.
And that was one of the problems before.
It directs the health commissioner
to approve a program in Schenectady which will
be run by a nonprofit entity. They have to
report annually to the state health
commissioner.
Senate Finance has determined that
there are no significant costs to this
proposal. I think it's really an all-plus
situation.
SENATOR PATERSON: Madam
President, it seems to me that as long as none
of the rules or regulations would be waived
that would affect the standard of care of any
of the patients, then we all really owe not
only our vote to Senator Farley, but our
congratulations, because this is a tremendous
program that will really benefit the
uninsured.
SENATOR FARLEY: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
5956
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we take up Calendar 1350,
please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1350.
THE SECRETARY: Calendar Number
1350, by Senator Spano, Senate Print 7583, an
act to amend the Education Law, in relation to
a maintenance of effort.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Spano, an explanation has been requested by
Senator Paterson.
SENATOR SPANO: Madam President,
this bill extends the maintenance of effort
provisions that were established in the law
5957
for New York City to the other fiscally
dependent school districts in the state,
particularly meaning Yonkers, Buffalo,
Rochester, and Syracuse.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, Senator Dollinger laid this aside.
He is around here if we can just stand at ease
for a moment.
ACTING PRESIDENT McGEE: Pardon
me? I can't hear you, Senator Paterson.
SENATOR PATERSON: I really
didn't want you to hear me, Madam President.
(Laughter.)
SENATOR PATERSON: Senator
Dollinger is laid aside temporarily, Madam
President.
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: Can you please
lay my bill aside temporarily.
ACTING PRESIDENT McGEE: Your
bill is laid aside temporarily. You're very
gracious, Senator Spano.
5958
Senator Paterson.
SENATOR PATERSON: I agree, Madam
President. I wouldn't want the record not to
reflect that about Senator Spano.
ACTING PRESIDENT McGEE: The
record will reflect that. Thank you, Senator
Paterson.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we please take up Calendar
1013, by Senator Leibell.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1013, by
Senator Leibell.
THE SECRETARY: Calendar Number
1013, by Senator Leibell, Senate Print 5088,
an act to amend the Town Law and the County
Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Leibell, an explanation has been requested.
SENATOR LEIBELL: Yes, Madam
President. This bill amends Section 291 of
the Town Law and Section 222 of the County Law
to provide for the improved maintenance and
5959
care of publicly dedicated cemeteries. In
doing such, it specifies that it would
specifically upgrade local care and
maintenance requirements and ease the
administrative requirements for dedicating a
cemetery to a locality.
SENATOR PATERSON: Madam
President, if Senator Leibell would yield for
a question.
ACTING PRESIDENT McGEE: Senator
Leibell, will you yield for a question from
Senator Paterson?
SENATOR LEIBELL: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, the
thought is well placed. I just wanted to know
if there's any great amount of funding that's
involved in putting this into effect.
SENATOR LEIBELL: Counsel and I
were just discussing this, and the obligation
is already there for the municipalities. So
this should not lead to any increased
spending.
5960
SENATOR PATERSON: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, could we now call up Calendar 1350
again.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1350
again.
THE SECRETARY: Calendar Number
1350, by Senator Spano, Senate Print 7583, an
act to amend the Education Law.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Will the
5961
sponsor yield to a question, Madam President?
ACTING PRESIDENT McGEE: Senator
Spano, will you yield for a question?
SENATOR SPANO: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Senator
Spano, as you know, the City of Rochester, one
of the Big Five school districts, has an
agreement with the school district under which
they, by agreement, by contract, fund a
certain amount of appropriation each year to
the school district.
Could you tell me the effect of
this bill on that contract between the city
and the school district? Does this prohibit
any change in that agreement?
SENATOR SPANO: I'm not sure of
the specific provisions of the agreement that
exist with Rochester. But as long as the
minimum level of spending that is prescribed
in the statute is addressed, it would not
inhibit the ability of the Rochester School
District or the municipality from reaching any
5962
other agreement to go in addition to that.
What we want to do here is make
sure that we have a very basic maintenance of
effort provision that's in the law.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Spano, will you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: In Rochester
and Monroe County, Senator Spano, we have a
complicated sales tax formula for distribution
of sales tax which is actually allocated to
the city and eventually finds its way to the
school district.
How does this bill impact the
sales-tax portion of contributions by the city
to the school district?
SENATOR SPANO: The sales-tax
portion would be excluded under the provisions
of this bill. We have similar provisions in
Westchester for the county sales tax and
5963
distribution, as well as Buffalo. And those
would be excluded.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Spano will yield
to a question.
ACTING PRESIDENT McGEE: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
sponsor continues to yield.
SENATOR DOLLINGER: Is the effect
of that exclusion that if the amount of sales
tax revenue goes down because of natural
economic factors -- reduction in sales, volume
of sales -- that the city contribution would
be permitted to go down by the same amount as
the reduction in the allocation of the sales
tax?
SENATOR SPANO: What we have put
together in this bill is a safety net in the
event that if the total city revenues -
ACTING PRESIDENT McGEE: Senator
Spano, one moment.
Please take your conversations out
of the chamber. Thank you.
5964
Senator Spano.
SENATOR SPANO: Senator
Dollinger, we have a safety net written into
our proposal that would provide for a
percentage reduction that's consistent with
the decline in the general revenues of the
city.
SENATOR DOLLINGER: A final
question, Madam President, if Senator Spano
will continue to yield.
ACTING PRESIDENT McGEE: Senator
Spano, will you yield for one final question?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Does the
language of this bill that affects the Big
Five cities -- I know we did one for the City
of New York. Does this bill mirror the
language for the City of New York?
SENATOR SPANO: Yes, this is
language that mirrors -- with the small
exceptions of the STAR program and the issues
of the county sales tax as they relate to the
Big Four, Senator Dollinger, not the Big Five.
5965
Just the Big Four. And it's basically the
same language as exists for the City of New
York, with those two exceptions.
SENATOR DOLLINGER: Through you,
Madam President, just on the bill briefly.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I know that
in the City of Rochester there's an enormous
concern about the funding of the school
district. And it seems to me that as we
consider potentially a spin-up of $20 million
in additional aid from the state that would go
through the city, it seems to me that despite
what I know are objections from those in the
City of Rochester to this concept, it seems to
me that in order to effectuate an improvement
in education in our urban areas, we have to
say to the cities, the Big Four -- and
including the City of New York, which we've
already said it to -- we have to say that
additional funds for education must end up in
our classrooms and in the hands of educators.
Under those circumstances, Madam
President, I'm going to vote in favor of this
5966
bill. I think it's -- it may to some extent
impinge on prerogatives among mayors in the
big cities, but from my point of view it seems
to me that we've got to have some way to be
assured that the strenuous efforts of this
Legislature to improve education in our urban
areas is at least in no way impeded or in no
way reduced by actions by the city to remove
appropriations.
So under those circumstances, Madam
President. I'm going to vote in favor of this
bill.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: I just have
one question on the bill.
ACTING PRESIDENT McGEE: Senator
Spano, will you yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR STAVISKY: This, I
assume, mirrors, as you said, the governance
bill that we passed I guess two weeks ago.
However, it talks about an amount
5967
not being less than. Is there any kind of -
in other words, it's providing a floor. Is
there any kind of ceiling that is provided?
SENATOR SPANO: No. We are
consistent with the same language as New York
City and its fiscal year ending June 30, 2003.
SENATOR STAVISKY: Madam
President, on the bill, very briefly.
ACTING PRESIDENT McGEE: Senator
Stavisky, on the bill.
SENATOR STAVISKY: I think that
is a flaw in the governance bill that we
passed, that it does not increase when
revenues increase.
I'm going to support this bill, but
I think -- at least I would hope that
maintenance-of-effort legislation would mirror
the economy when it's doing well as when we're
in periods of economic strife.
Thank you.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Will the sponsor please yield?
ACTING PRESIDENT McGEE: Senator
5968
Spano, will you yield for a question?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you.
Through you, Madam President.
I didn't raise this concern
regarding maintenance of effort when we did
the New York City governance bill, and I
probably should have. But let me raise it
now. And when I do it like this, maybe if you
could tell me if the following situation that
I'll lay out for you is a concern of yours.
Let's say the City of Rochester
gets a one-time cash infusion, maybe pursuant
to a tobacco settlement or something like
that, of a substantial amount of money -
$25 million, $50 million. That's one-shot
money. If you have this type of maintenance
of effort, theoretically, the way I'm reading
it, if the City of Rochester wanted to put
that money as a one-shot into education, the
city would be required to fund that in
perpetuity, even though there's no consistent
source of revenue.
5969
And if that's true, it would
actually serve as an impediment to the City of
Rochester using that money for one-shot
educational expenses, and that's a concern of
mine.
Is that a concern of yours? Is
that a viable problem?
SENATOR SPANO: We expect that if
we have a good economy, the cities put a
significant increase in terms of aid to
education into our educational system, which
brings them up, that if then the economy goes
sour or as a result of the money that they
gave was a one-shot money and it goes down,
this is why we put the safety net in there
that would provide for a percentage reduction
that's consistent with the decline in the
general revenues of that municipality.
That's exactly why those provisions
were written into this, to safeguard against
that possibility.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
5970
ACTING PRESIDENT McGEE: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HEVESI: Thank you, Madam
President.
It doesn't really safeguard against
it, does it? What it really does is it says
to me, if I'm the mayor of Rochester, I'm not
going to put this newly found, one-shot
$25 million pursuant to, for example, the
tobacco settlement into education, because
next year I can't pay for the $25 million
increase that I now have locked in. How am I
going to pay for it? So I'm not going to put
that money into education.
I mean, isn't that a real problem
with this and, by extension, with the city's
maintenance-of-effort law, which I supported?
SENATOR SPANO: It would not be a
problem, because they would have less
revenues, the city government would then have
less revenues to give to education. As a
result of the fact that they don't have -
5971
because they have that declining revenue,
there would be that percentage reduction that
would be commensurate in terms of aid to
education that's prescribed in the bill.
What we are trying to do here is
just get away from the disturbing trend that
we're seeing in these large city school
districts where they're not maintaining that
basic level of funding and then, as we give
additional aid to education, whether it be
through the STAR program or direct aid to
education, that it goes directly to the kids.
SENATOR HEVESI: Madam President,
will the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Spano, will you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR HEVESI: Thank you, Madam
President.
In the situation that I've
outlined, only if the aggregate revenue for
the municipality dips below the previous
fiscal year's level would you have a situation
5972
where the city would not be responsible for
continuing to put the newly found 25 million
hypothetical dollars from last year into the
budget.
But every municipality invariably,
unless you're in ultimate fiscal crisis, is
going to see an aggregate baseline increase in
their revenue. I mean, it almost always
happens unless you are in a horrible, horrible
recession.
So again, you know, I may vote
against this bill. And I should have spoken
out against the city's bill for this exact
reason. This could actually serve as an
impediment to putting money in. And I'll -
let me give you another similar line of
thought and just have you respond to it and
then we'll leave it at that.
Even if you didn't have this
one-shot, even if it wasn't newly found
one-shot revenue, if I'm a mayor and I'm
concerned about other priorities in other
fiscal years, if I know that by increasing the
education budget by a large amount in one year
I will be negating other priorities in
5973
subsequent years, it may actually have an
uncalculated purpose here, or result, which is
that the mayor of the city decides or the city
council decides they're not going to put as
much money into education.
Isn't that a valid concern?
SENATOR SPANO: Not at all,
Senator Hevesi. As a matter of fact, the
opposite is true.
I believe that without the
maintenance-of-effort provision in the statute
that you could see mayors or local governments
reducing their level of education to the city
and paying for other city services as a result
of it. What this does is put a check and
balance in the system to make sure that does
not in fact happen.
So I think the opposite would be
true. If we're going to make an argument for
maintenance of effort, we need a true
maintenance of effort that will make sure that
there's a baseline for our educational system.
Without that, the local governments can do
anything they want in terms of their
commitment or lack of commitment to the
5974
educational system.
SENATOR HEVESI: Okay, on the
bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Madam President,
as we discuss this, I think I'm going to vote
against this bill. And when Senator Velella
passed his initial school governance package,
where most of my Democratic colleagues voted
against it, I actually voiced a concern about
the maintenance of effort should the City of
New York go into a fiscal crisis. That was
addressed by the city's governance bill and is
addressed here.
But I really do think it is a valid
concern that if you had newly found one-shot
revenue, that this requirement of a
maintenance of effort could actually be a
deterrent to a mayor from putting money into
education, if he knew that he wouldn't have
the money in future years because it was a
one-shot and so he'd have to then take money
out of some other area to fund the one-shot
that he put into education.
5975
Similarly, although I don't know if
this is true on the second issue, but it could
be true, I could see a situation where a mayor
or a city council says the following: Well,
we have an additional $10 million this year.
We want to maintain some type of flexibility
with the use of this money for priorities in
future years. If I give $8 million of the
$10 million to education, that money is now
gone forever. I can't contract, I can't do
anything else except to fund that amount above
the base amount that we had the previous year.
And I am concerned -- though I'm
sure Senator Spano wouldn't do this, and I
don't think I would -- that there might be a
mayor out there who might say: You know what,
I don't want to lock up my money like that.
And as a result, a mayor who might otherwise
be inclined to fund education with $8 million
of that $10 million decides not to do it
because he knows that he can never again fund
education to a lesser amount than that amount.
So that, and the issue of the
one-shot revenue not coming back into the
city, which would absolutely mean that General
5976
Fund revenue would have to be taken from
somewhere else to fund that educational
priority, in my opinion certainly would
prevent a mayor or some municipality from
putting one-shot, newly found revenue into
education when there are tons of one-shot
noneducation purposes that could be funded.
So I'm actually going to oppose
this, Madam President. I'll be against this
bill.
ACTING PRESIDENT McGEE: Anyone
else wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect July 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. There will be an immediate meeting
5977
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we now go to Calendar 5374, by
Senator Volker.
ACTING PRESIDENT McGEE: 5374?
What's the calendar number?
SENATOR MORAHAN: It's Calendar
789.
ACTING PRESIDENT McGEE: Thank
you, Senator Morahan.
The Secretary will read.
THE SECRETARY: Calendar Number
789, by Senator Volker, Senate Print 5374, an
act to amend the Court of Claims Act.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
5978
this is a bill, an attorney general's program
bill, at the request of the attorney general.
It involves a rather unique
problem, in a way, between the attorney
general and mostly district attorneys or
employees of district attorneys across the
state, where they have been involved in a case
and have had discussions with district
attorneys, and usually it's assistant district
attorneys about a case, and then an action is
brought against that office -- that is,
against the district attorney's office -- or
against some -- it could be a police agency
also, but very often it's a district
attorney's office.
And the problem is that the
attorney general then is caught between his
representation of the state and his
discussions with the district attorneys and/or
law enforcement officers. And the major
question is, does he or does the district
attorney -- I mean the attorney general, I'm
sorry, because an assistant attorney general
is what it amounts to -- are those
communications privileged, or are they subject
5979
to disclosure and evidence at a trial? The
attorney general is caught in a bind.
And what this bill seeks to do, and
there have apparently been conflicting cases
as to whether the attorney general, his
discussions and his conversations with such
law enforcement people are privileged or not
or whether he is subject to disclosure.
And what this bill says basically
is that those kinds of communications with
district attorneys, prosecutors, or law
enforcement officers, where it relates to the
case involved and obviously where the law
enforcement people are talking with the
attorney general on the basis of dealing with
the case, that those conversations are
privileged and are not subject to disclosure.
Apparently the Trial Lawyers -- and
I have not seen their memo -- have put a memo
out against it. I assume it's because they
obviously would like to get the maximum amount
of evidence that they can.
But when you think of it, it puts
the attorney general in an extremely difficult
position, in that he or she would be caught
5980
between the discussions with the law
enforcement people, and the representation
there, and then the person that's involved in
the claim.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will yield to
a question.
ACTING PRESIDENT McGEE: Senator
Volker, will you yield for a question?
SENATOR VOLKER: Sure.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Senator, I'm
willing to concede that this bill has a clear
appropriateness with respect to communications
between the attorney general and the district
attorney's office and its personnel; in
essence, counsel to counsel.
But what I'm concerned about is the
bill goes further than that. It says that a
communication between the attorney general and
any law enforcement officer -- city, county,
town, village or wherever -- is also going to
5981
be shielded.
And it just seems to me that you
have the attorney general which is conducting
an investigation about improper conduct by the
police or conducting an investigation about a
civil rights action that could be brought, and
they're communicating with people who are
clearly not their client. I mean, as you
know, there would be no attorney-client
privilege because they're not employed by the
State of New York. And the attorney general
is conducting an investigation in which he
asserts that he's doing it simply to find out
information about conduct.
Under those circumstances, you have
the attorney general which could be
prosecuting the same officers, could be
defending the same offers, could be simply
determining whether they're witnesses. And
all that happens, as you know better than
anyone, relatively early in the investigation.
You don't know whether there are going to be
claims, you don't know who the claimants are
going to be, you don't know who has what
rights. You're sorting all that out.
5982
But I just don't -- I think the
bill goes too far. And I'd be interested in
your reaction about why include all these
local law enforcement people who will have
their own counsel in the scope of the
privilege.
SENATOR VOLKER: I guess I
interpret this differently. If the scope of
the investigation of the attorney general is
civil rights or directly at law enforcement
officers, then I don't think this applies.
I think this is supposed to apply
in cases where the attorney general is in
conversations with law enforcement people and
with the district attorneys in relation to the
case against someone else.
If it's directly against a law
enforcement agency -- for instance, civil
rights -- there is no privilege. Because what
privilege would there be? The discussion is
part of an investigation, an investigation
into, for instance, activities by a police
officer, for instance, or even a district
attorney, I suppose. Certainly none is that
is privileged, because that's part of the case
5983
in general.
I think what the attorney general,
as I understand it, is talking about here is
that a lot of times there are
investigations -- say, there might be mob
investigations, or it may be a trucking -
let's say it's a trucking firm or a garbage
firm or whatever, where the attorney general
cooperates with the district attorney and they
look into overall crime activity.
Then, as the case is proceeding,
then the individual involved then brings an
action against the attorney general -- or,
rather, against the district attorney and
against the police officers involved. Now he
wants to bring in the attorney general, who
has been really part of the investigation, as
part of his claim as to what they have been
discussing.
If the initial claim was actually
against a police officer or the district
attorney or whatever, this -- there's nothing
privileged about this, because clearly that's
the case itself. So I don't see where that
would even apply.
5984
This is intended to deal with
third-party -- as I understand it, with
third-party claims against law enforcement
people and against the district attorney and
so forth, not where the claim is directly
against the police department or district
attorney or whatever, because that is
actually -- that's actually the claim itself.
SENATOR DOLLINGER: Just on the
bill, briefly, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I thank
Senator Volker for his explanation.
Whenever I face these bills, Madam
President, especially with Senator Volker's
leadership in the Codes Committee, we try to
unravel this very complicated can of worms of
who represents who during these
investigations, especially if they're brought
under the Unjust Conviction Act, which would
be a postconviction remedy available to an
individual who believes that the police have
conspired against him, there's been nefarious
conduct, either by the state or local police
5985
or in conjunction with the state police, that
has produced an unjust conviction.
But my concern, Madam President,
the reason why I'm going to vote against this
bill, is because it seems to me that the
attorney general has a wide authority in the
investigation of both criminal activity and
generally under his broad powers under
sections including, among others, Section 63
of the Executive Law, which provides broad
authority for the attorney general to conduct
investigations on almost anything.
And it seems to me that what
happens is the attorney general is acting more
as an investigator -- not as a prosecutor, not
as a decision-maker -- but he's gathering
evidence and gathering information. And it
seems to me that if he does that in the course
of his duties that there should be some
availability for someone who has raised a
claim of unjust conviction to go back to the
initial stages of the investigation to
determine what the attorney general found out
during the course of that investigation.
It may be the only way for a
5986
claimant to find out what actually happened.
Because, quite frankly, police investigations
for unjust conviction are, at least in my
guess, one of the most difficult cases to
prove. A plaintiff will have an enormously
difficult time. And without access to
communications and evidence gathered by the
attorney general in his initial review of the
case, in his initial investigation, you may
not have the ability to bring a claim.
So I guess I look at this as a
close call, Madam President. I understand the
purpose for which Senator Volker sees this
bill. But given the broad reading that says
any written or verbal communication between
the attorney general and the employees of the
town -- that would include even an inquiry.
Did the attorney general actually conduct an
inquiry? Did he ask any questions?
That inquiry, that simple letter in
which the attorney general writes and says "We
have concerns about the quality of the
conviction and the police work and other
aspects of this conviction," it would seem to
me that's privileged and would not be
5987
available to the plaintiff to even figure out
whether the attorney general started an
investigation. It's a very broad section.
Madam President, I'm going to
reluctantly vote no. I understand the need
and the confusion that arises when these
claims are brought in the early stages of
investigations. But it seems to me that
cutting off the plaintiff from any
communication between the attorney general as
an investigator in cases of police misconduct
is just too broad to countenance and, frankly,
too broad to merit my vote.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam President,
I guess I look at this legislation quite a bit
differently. I would agree with you, what you
just said. But I don't see where this cuts
off the investigation of the attorney general.
All it cuts off is the written or verbal
communications between the attorney general
and the officers and so forth.
Investigations would still be
reached. If the attorney general did an
5988
investigation as part of this, and even made
some allegations, then I think those
allegations could be subject to evidentiary
receipt, even whether there's legislation
passed or not.
And the second thing, remember that
this is a Court of Claims issue. This
basically is where an action is brought by a
third party against officers, meaning the
district attorney or the State of New York.
It's the State of New York, really, is what it
is.
So the difficulty here is if you
don't give some latitude to the attorney
general, that doesn't mean that all his
evidence is not subject to being reached. But
what it does mean is that communications
between law enforcement agencies have to have
some sort of privilege. Otherwise, when you
think of it, you'd be in a situation where
you'd have virtual chaos. And that, by the
way, has generally been the rule.
Now, if the person is bringing a
civil rights action against a police officer
or whatever, it presents a very interesting -
5989
I'm not so sure that that wouldn't necessarily
be reachable. And I think the attorney
general could be brought in, but could not be
brought in concerning his written
communications with those people. But he
could certainly be brought in to show whatever
investigation that he made as part of this
case.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators Dollinger and Paterson recorded
in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President. Could we now return to the
Senate Supplemental Calendar 55B and take up
5990
Calendar 1559.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1559.
THE SECRETARY: Calendar Number
1559, by Senator Velella, Senate Print 5195B,
an act to provide for a study.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. Is there a message of necessity at
the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 4. This
5991
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we go to Supplemental Calendar
Number 2 and read the noncontroversial
calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
409, by Senator Spano, Senate Print 5346, an
act to amend the Labor Law, in relation to the
cancellation.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
5992
839, by Senator Trunzo, Senate Print 6083A, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
991, by Senator Padavan, Senate Print 4331A,
an act to amend the General City Law, Chapter
772 of the Laws of 1966, relating to enabling.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 25. This
act shall take effect immediately.
5993
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1120, by Senator Maltese, Senate Print 1544A,
an act to amend the Retirement and Social
Security Law, in relation to employee
contributions.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
reading of the noncontroversial calendar.
The Secretary will read Calendar
5994
Number 1565.
THE SECRETARY: Calendar Number
1565, by Senator Saland, Senate Print 7516A,
an act to amend the Executive Law, in relation
to establishing.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Thank you,
Madam President. I move to accept.
ACTING PRESIDENT McGEE: All
those in favor of accepting the message of
necessity will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect September 1, 2002.
5995
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: In relation to
Calendar Number 1565: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1894A, by Senator
Libous, an act to amend the General Business
Law;
2000, by Senator Stachowski, an act
to amend the Penal Law;
2124B, by Senator Nozzolio, an act
to amend the Judiciary Law;
2382A, by Senator Larkin, an act to
amend the Family Court Act;
2492, by Senator Kuhl, an act to
amend the General Municipal Law;
2516A, by Senator Seward, an act to
amend the Judiciary Law;
3334C, by Senator Volker, an act to
amend the Education Law;
5996
3759, by Senator Velella, an act to
amend the Civil Practice Law and Rules;
3918B, by Senator Stafford, an act
to amend the Executive Law;
4167A, by Senator Skelos, an act to
amend the Social Services Law;
4503B, by Senator LaValle, an act
to amend the Education Law;
4655B, by Senator Skelos, an act in
establish;
5602A, by the Senate Committee on
Rules, an act to amend the Education Law;
5638A, by Senator Saland, an act to
amend the Social Services Law;
5673A, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
5693B, by Senator Breslin, an act
in relation;
6280B, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
6295, by Senator McGee, an act to
amend the Education Law;
6523A, by Senator Leibell, an act
to amend the Tax Law;
5997
6592C, by Senator Wright, an act to
amend the Public Service Law;
6858B, by Senator Trunzo, an act to
amend the Retirement and Social Security Law;
6865A, by Senator Velella, an act
to amend the Vehicle and Traffic Law;
6925A, by Senator Volker, an act to
amend the Penal Law;
7272, by Senator Leibell, an act to
amend the Retirement and Social Security Law.
7314C, by Senator Espada, an act to
amend the Private Housing Finance Law;
7341, by Senator Espada, an act to
amend the Executive Law;
7541, by Senator Nozzolio, an act
to permit;
7591A, by the Senate Committee on
Rules, an act to amend the County Law;
7597, by Senator Wright, an act to
amend Chapter 519;
7598A, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
7602, by Senator Stafford, an act
to amend the Real Property Tax Law;
5998
7605A, by Senator Skelos, an act to
amend the Executive Law;
7608A, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law;
7634, by Senator Volker, an act to
amend the County Law;
7642, by Senator Hoffmann, an act
to amend the County Law;
7646A, by Senator Morahan, an act
to amend the Real Property Tax Law;
7650, by Senator Kuhl, an act to
amend the County Law;
7665, by Senator Bonacic, an act to
repeal.
7668, by the Senate Committee on
Rules, an act to amend the County Law;
7701, by Senator Rath, an act to
amend the Public Authorities Law;
7719, by the Senate Committee on
Rules, an act to amend Chapter 57;
7720A, by Senator Larkin, an act to
amend the General Municipal Law;
7721A, by Senator Marchi, an act to
amend the General Municipal Law;
5999
7760, by Senator McGee, an act to
authorize;
7763, by Senator Morahan, an act to
amend Chapter 672;
7769, by Senator Espada, an act to
amend the Vehicle and Traffic Law;
And 7784, by Senator Espada, an act
to amend the Education Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes. Can we
please move to accept the report of the Rules
Committee, Madam President.
ACTING PRESIDENT McGEE: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Morahan.
6000
SENATOR MORAHAN: Yes, Madam
President. Could we have a little order in
the house.
ACTING PRESIDENT McGEE: Senator
Morahan wants some order in the house.
SENATOR MORAHAN: Madam
President, could we now go to Supplemental
Calendar 55C and have the noncontroversial
reading of that calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1580, by Senator Libous, Senate Print 1894A,
an act to amend the General -
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1581, by Senator Stachowski, Senate Print
2000, an act to amend the Penal Law, in
relation to the definition of assault in the
second degree.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
6001
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1582, by Senator Nozzolio, Senate Print 2124B,
an act to amend the Judiciary Law, in relation
to establishing a second County Court
judgeship.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1583, by Senator Larkin, Senate Print 2382A,
6002
an act to amend the Family Court Act and the
Judiciary Law, in relation to providing for an
additional Family Court judge.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1584, by Senator Kuhl -
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1585, by Senator Seward, Senate Print 2516A,
an act to amend the Judiciary Law, in relation
to increasing the number of Supreme Court
justices.
ACTING PRESIDENT McGEE: Read the
6003
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1586, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7126C and substitute it
for the identical Senate Bill Number 3334C,
Third Reading Calendar 1586.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1586, by Member of the Assembly Lentol,
Assembly Print Number 7126C, an act to amend
the Education Law, in regulation to decisions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
6004
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1587, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7336 and substitute it
for the identical Senate Bill Number 3759,
Third Reading Calendar 1587.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1587, by Member of the Assembly Weinstein,
Assembly Print Number 7336, an act to amend
the Civil Practice Law and Rules, in relation
to fixed fees of sheriffs.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
6005
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1589, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Print Number 8340A and substitute it
for the identical Senate Bill Number 4167A,
Third Reading Calendar 1589.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1589, by the Assembly Committee on Rules,
Assembly Print Number 8340A, an act to amend
the Social Services Law, in relation to the
applicability.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
6006
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1590, by Senator LaValle, Senate Print 4503B,
an act to amend the Education Law, in relation
to permitting an accredited dental residency.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Morahan recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1591, by Senator Skelos, Senate Print 4655B,
an act to establish the Baldwin-Grand Canal
repair and maintenance district.
ACTING PRESIDENT McGEE: There is
6007
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1592, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9029A and substitute it
for the identical Senate Print Number 5602A,
Third Reading Calendar 1592.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1592, by the Assembly Committee on Rules,
Assembly Print Number 9029A, an act to amend
the Education Law and others.
ACTING PRESIDENT McGEE: Read the
last section.
6008
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1595, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Print Number 9299B and substitute it
for the identical Senate Print Number 5693B,
Third Reading Calendar 1595.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1595, by the Assembly Committee on Rules,
Assembly Print Number 9299B, an act in
relation to permitting the reopening of the
optional twenty-year retirement plan.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
6009
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1597, by Senator McGee, Senate Print 6295, an
act to amend the Education Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1598, by Senator Leibell, Senate Print 6523A,
an act to amend the Tax Law, in relation to
providing.
6010
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1600, Senator Trunzo moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11448 and substitute it
for the identical Senate Print Number 6858B,
Third Reading Calendar 1600.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1600, by the Assembly Committee on Rules,
Assembly Bill Number 11448, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT McGEE: There is
6011
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1601, by Senator Velella, Senate Print 6865A,
an act to amend the Retirement and Social
Security Law, in relation to time within.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
6012
1602, by Senator Volker, Senate Print 6925A,
an act to amend the Penal Law and the Arts and
Cultural -
SENATOR MORAHAN: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1605, by Senator Espada, Senate Print 7341, an
act to amend the Executive Law, in relation to
facilitating.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1606, by Senator Nozzolio, Senate Print 7541,
an act to permit the reopening of the optional
twenty-year retirement plan.
6013
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1607, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Print Number 11669A and substitute it
for the identical Senate Print Number 7591A,
Third Reading Calendar 1607.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1607, by the Assembly Committee on Rules,
Assembly Print Number 11669A, an act to amend
the County Law.
ACTING PRESIDENT McGEE: Read the
last section.
6014
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1608, by Senator Wright, Senate Print 7597 -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1610, by Senator Stafford, Senate Print 7602,
an act to amend the Real Property Tax Law, in
relation to railroad real property.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
6015
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1611, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Print Number 7340A and substitute it
for the identical Senate Print Number 7605A,
Third Reading Calendar 1611.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1611, by Member of the Assembly Silver,
Assembly Print Number 7340A, an act to amend
the Executive Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
6016
is passed.
THE SECRETARY: Calendar Number
1616, by Senator Kuhl, Senate Print 7650, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1617, by Senator Nozzolio, Senate Print
7663 -
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1618, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Print Number 10678 and substitute it
6017
for the identical Senate Bill Number 7665,
Third Reading Calendar 1618.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1618, by Member of the Assembly Stringer,
Assembly Print Number 10678, an act to repeal
subdivision 1 of Section 2004.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect July 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1619, by the Senate Committee on Rules, Senate
Print Number 7668, an act to amend the County
Law, in relation to wireless communications.
ACTING PRESIDENT McGEE: Read the
last section.
6018
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1620, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11412B and substitute it
for the identical Senate Bill Number 7701,
Third Reading Calendar 1620.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1620, by the Assembly Committee on Rules,
Assembly Print Number 11412B, an act to amend
the Public Authorities Law.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Dollinger.
SENATOR DOLLINGER: Point of
6019
order, Madam President. Since that bill
affects Monroe County, I've been through the
four packets that are on the four desks next
to me, and that bill isn't included in the
packet.
ACTING PRESIDENT McGEE: My
understanding is, Senator Dollinger, it's in
the front of the packet. It's out of order.
It is in the front of the packet.
SENATOR DOLLINGER: It's not in
the same sequence?
ACTING PRESIDENT McGEE: That is
correct.
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT McGEE: You're
welcome, I'm sure.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
6020
THE SECRETARY: In relation to
Calendar Number 1621, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Print Number 11733 and substitute it
for the identical Senate Print Number 7719,
Third Reading Calendar 1621.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
SENATOR MORAHAN: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1625, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11454 and substitute it
for the identical Senate Bill Number 7763,
Third Reading Calendar 1625.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1625, by the Assembly Committee on Rules,
Assembly Print Number 11454, an act to amend
6021
Chapter 672 of the Laws of 1993.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR DUANE: Madam President.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Madam President,
I'd like to be recorded in the negative on
Calendar Number -- the one about HIV and the
water police, Calendar Number 1603.
ACTING PRESIDENT McGEE: Without
objection, you'll be recorded in the negative
on Calendar Number 1603.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'd like
unanimous consent to be recorded in the
negative on 789 and 943.
6022
ACTING PRESIDENT McGEE: Without
objection.
Senator Duane, 1603 had no
home-rule with it. The bill was laid aside.
SENATOR DUANE: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we now have the
controversial reading of the Supplemental
Calendar 55C.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1580, by Senator Libous, Senate Print 1894A,
an act to amend the General Business Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Libous, I believe an explanation has been
requested.
SENATOR MORAHAN: Will you lay it
aside temporarily, please.
ACTING PRESIDENT McGEE: The bill
6023
is laid aside temporarily.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, please take up Calendar 1599.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1599.
THE SECRETARY: Calendar Number
1599, by Senator Wright, Senate Print 6592C,
an act to amend the Public Service Law, the
Public Authorities Law and the Real Property
Tax Law.
SENATOR MORAHAN: Is there a
message of necessity at the desk, Madam
President?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR MORAHAN: Move to accept
the message.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
6024
ACTING PRESIDENT McGEE: The
message of necessity is accepted.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Wright, an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill provides for the concept
of net metering as it relates to methane
digester technology, which is used in
agricultural applications. The bill would
allow for net metering whereby the generation
of electricity using agricultural waste would
produce a revenue that would be credited
against the electrical bill or accrued against
the cost of the electric bill.
There are obvious pluses from the
standpoint of the economics of the
agricultural application. There are pluses
from the standpoint of the environmental
applications. So it's a win-win in both
6025
instances.
SENATOR PATERSON: Call the last
section, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Please call up
Calendar Number 1608.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1608, by Senator Wright, Senate Print 7597, an
act to amend Chapter 519 of the Laws of 1992.
SENATOR DUANE: Explanation.
SENATOR WRIGHT: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
6026
is laid aside for the day.
Senator Morahan.
SENATOR MORAHAN: Can we go to
the main calendar and call up Calendar 359.
ACTING PRESIDENT McGEE: From the
main calendar, the Secretary will read
Calendar 359.
THE SECRETARY: Calendar Number
359, by Senator Marcellino, Senate Print
6076A, an act to amend the State Finance Law.
SENATOR MORAHAN: Is there a
message of necessity at the desk, Mr.
President?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR MORAHAN: May we 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
6027
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
we are trying to locate this bill. We don't
see it on the original calendar. Am I
mistaken? Is that where it is?
ACTING PRESIDENT MEIER: It's on
the original calendar.
SENATOR LIZ KRUEGER: No, it's
not.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President, I
withdraw my request for an explanation.
ACTING PRESIDENT MEIER: Very
well. Thank you, Senator.
6028
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 Morahan.
SENATOR MORAHAN: Yes, Mr.
President. There will be an immediate meeting
of the Majority in the Majority Conference
Room, and the Senate will stand at ease till
about 6:00 o'clock.
ACTING PRESIDENT MEIER:
Immediate conference of the Majority in the
Majority Conference Room.
Senator Mendez.
SENATOR MENDEZ: Mr. President,
there will be an immediate meeting of the
Minority Conference, Room 314.
ACTING PRESIDENT MEIER:
Immediate meeting of the Minority Conference
in the Minority Conference Room.
6029
The Senate will stand at ease until
6:00 p.m.
(Whereupon, the Senate stood at
ease at 5:35 p.m.)
(Whereupon, the Senate reconvened
at 6:21 p.m.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. Is there some housekeeping at the
desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator.
SENATOR KUHL: Can we return to
motions and resolutions.
ACTING PRESIDENT MEIER: Order of
motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator McGee, I
offer the following amendments to Calendar
Number 1624, Senate Print Number 7760, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
6030
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Stafford, on
page number 10 I offer the following
amendments to Calendar Number 269, Senate
Print Number 5574B, and ask that said bill
retain its place on 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 Kuhl.
SENATOR KUHL: I move to adopt
the Resolution Calendar at this time.
ACTING PRESIDENT MEIER: The
question is on the adoption of the Resolution
Calendar. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
6031
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, now could we
proceed to do the controversial reading of the
Supplemental Calendar 55C, starting with Bill
Number 1580, by Senator Libous.
ACTING PRESIDENT MEIER: With
regard to Calendar 55C, the Secretary will
resume the controversial reading of the
calendar.
THE SECRETARY: In relation to
Calendar Number 1580, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7742A and substitute it
for the identical Senate Bill Number 1894A,
Third Reading Calendar 1580.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1580, by Member of the Assembly Klein,
Assembly Print Number 7742A, an act to amend
the General Business Law.
ACTING PRESIDENT MEIER: Read the
6032
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Libous, an explanation has been requested by
Senator Paterson.
SENATOR LIBOUS: Thank you, Mr.
President.
This bill is a bill that's familiar
to us. And as often happens in our house,
things come back new and improved and better
refined, and that's what's happened with this
piece of legislation.
This bill very simply is a bill
that will help the economy of New York State.
It deals with car rental companies. It
removes the hundred-dollar cap. It creates
for those companies to provide optional rental
insurance. It will reduce car rental rates in
New York State.
And we have made it a pro-consumer
bill because we've made some changes and
amendments to it so that the consumers will be
properly notified, to the effect where the
6033
attorney general has even signed off on some
of its stipulations.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Paterson.
SENATOR PATERSON: Thank you.
Would Senator Libous yield for a question.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for a question?
SENATOR LIBOUS: Mr. President, I
know that Senator Paterson would like me to
yield for a question because he would like me
to do that. So I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator
Libous, I was wondering how you feel about the
effect of this bill on consumers, since the
liability, at least from my reading, seems to
be switched from the automobile companies to
the consumers on this bill.
SENATOR LIBOUS: Actually, Mr.
President and Senator Paterson, it does not.
But I'd be happy to spend some time, if it
would help you, to explain that to you,
6034
Senator.
Basically, under current law, if
you rent a car in New York State and you smash
up that automobile, you are liable for a
hundred dollars. Now, that seems to me pretty
ridiculous. If you rent a tuxedo and destroy
it, you're liable for the cost of the tuxedo.
If you rent a VCR or a television and destroy
it, you're liable for the full cost of the VCR
or the television.
What this does is it allows
consumers in New York State to purchase
optional insurance if they're not covered by
their credit card or by their car insurance
policy.
What this ultimately does, Mr.
President, is it helps the economy of New York
State. Because we have lost, oh, so many
businesses in this area. And we've lost
millions of dollars to the purchasers of cars,
to these businesses that have gone out of
business. And we've lost thousands of
employees. And certainly this legislation
will help to alleviate that problem.
ACTING PRESIDENT MEIER: Senator
6035
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Libous, who seems to understand the
bill very well, would yield for a question and
share some more of his wisdom.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for another question?
SENATOR LIBOUS: Yes, Mr.
President, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Mr. President,
as I understand the bill now, if a person goes
to a rental car company, in the past the
rental car company had to buy insurance to
accommodate the cost of doing business to rent
cars to the consumer.
If we're going to shift the burden
to the consumer and insurance is now going to
accrue to the consumer, my question is,
exactly how does this benefit the consumer in
the long run, as Senator Libous just stated?
Because I would think that if the
insurers now are going to the consumers, that
the premiums are actually going to go up. I
6036
don't see any way that there can actually be a
savings that would come from this shift in
responsibility.
I agree with Senator Libous that
the consumer has to be more responsible. But
in this particular way, number one, I don't
see what the consumer gets from it, and then,
number two, I don't see how it would prevent
insurers from raising the premiums since the
consumer's record can never be equal to the
reliability of the actual rental car company.
SENATOR LIBOUS: Mr. President,
I'm very happy that Senator Paterson asked
that question. And I'd be happy to answer
that question for him.
First of all, what this does is it
spreads the responsibility, as I said, to the
consumer. As I said in my opening remarks,
and I continue to state -- and I would think
that everyone in this chamber would agree with
me -- it is somewhat ridiculous to think that
you can rent a car in New York State -- by the
way, the only state where you can rent a car
and be liable for only up to $100, turn
around, rent that car that could be a $35,000
6037
car, total the car and come back and, under
present law, be responsible for $100. That
makes absolutely no sense to me. The only
state in the country where that takes place.
By removing the cap and providing
the opportunity for people to buy optional
insurance -- and that optional insurance is
going to be very inexpensive. It's $9 for a
vehicle that's $30,000 or less, and $12 for a
vehicle that's over $30,000. And as I said,
Mr. President, it is optional. And certainly
if you're using a credit card, you're already
covered on your credit card, both American
Express and Visa, and you're already covered
if you're presently holding an automobile
policy in the State of New York.
Now, those of you who understand
the insurance industry and understand
insurance, certainly if someone is a high
risk -- well, not everyone shares the
responsibility in paying for that high risk,
but basically those who have a difficult time
getting insurance because of their record pay
a higher premium than those of us who have a
good record.
6038
Certainly that is going to persist
in this case where it is going to be on the
burden on the insurance that the person holds
or the credit card or certainly the optional
insurance that they purchase.
Mr. President, it has been proven
in the state of Illinois, and I'd be happy to
share some statistics, that actually the cost
of renting vehicles has decreased
substantially in the state of Illinois. And
we believe that that will happen here in the
state of New York because it's happened in a
variety of states across the country who have
passed similar legislation.
And again, how does it help the
consumer from a cost perspective? We believe
that the responsibility is important here on
this issue, and that the cost of renting a
vehicle will diminish and be reduced
significantly.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. I thank Senator Libous. His
answers are quite detailed and they are
6039
persuasive. I don't know if I'm entirely
convinced, but maybe if we move to another
issue we can find a resolution that might make
me more comfortable.
As you recall, Mr. President, in
1988 we passed the Vehicle Rental Protection
Law. And when we passed that law, we were
really trying to stop a lot of the rental
companies from claiming that there were
damages to the automobiles when they were
brought back by the consumer. And this was
something that was going on rampantly.
Also, the consumers would come in
and pay this insurance that they didn't really
need because their regular insurance would
cover it or the automobile dealer's insurance
could cover it. They didn't need this
insurance, but they were going out and buying
it.
And I thought that the law we
passed in 1988 was pretty effective.
My question to Senator Libous is,
how do we prevent ourselves from going back to
that scenario that we had to reverse 14 years
ago where now we're allowing the rental
6040
protection companies to charge from $9 to $12
a day?
Now, you annualize that figure, $9
to $12, that's almost $4,300 -- $4,300 a year
that the consumer might be paying for
collision damage. Even in Brooklyn, which has
the highest rates probably that I can think of
around the state, it would only be a few
hundred dollars a year in insurance.
So how is this, again, going to
help the consumer if we pass this legislation?
SENATOR LIBOUS: Mr. President, I
will be more than happy to restate the answer
to the question that I gave Senator Paterson
earlier.
Senator, first of all, well over
60 percent of the cars that are rented in
New York State are rented by people from out
of New York State. So let's talk about how it
helps the 40 percent who rent cars in New York
State. It will. It will help them by
reducing the cost of rental cars in this
state.
And I have some statistics here I
would be happy to share with you, Senator and
6041
Mr. President. And the average price in
New York airports is about $75.19. In
contrast, Newark, to rent a car, is $50.31,
Chicago is $49.11, San Francisco is $45.75,
Dallas is $45.94, Los Angeles is $46.85,
Orlando is $44.88, and Las Vegas is $34.17.
Now, what stood out, Mr. President,
in those numbers that I read? What stood out
was that in New York airports, $75.19.
Now, Mr. President, all of these
other states lifted their caps and provided
optional insurance for car rental companies.
And in every state -- almost every state -
the cost to rent a car dropped significantly.
That is the savings, Mr. President, to the
consumer. That is the savings to the
40 percent of New Yorkers that rent cars in
New York State.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
Senator Libous has been very patient. If he
would indulge me for one last question.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for another question?
6042
SENATOR LIBOUS: I would be
honored, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Mr. President,
I'm going to demur to Senator Libous's
complaint. Which means that I'm going to act
as if what Senator Libous is saying is
right -- and I know he believes it's right,
and it may prove to be -- which is that the
cost of the renting a car diminishes, the cost
goes down. If these factors of shifting the
burden, in a sense, in some respects from the
renter to the consumer is correct, it will
send the price down. Theoretically.
How do we have an assurance that
this decrease, this savings gets passed along
to the consumer? Suppose the cost of renting
a car doesn't go down. It doesn't have to go
down. And there are those that even with the
added margin might not reduce it. What is in
this bill that in a sense -- I wouldn't ask
for a guarantee, but I sure would need an
assurance to vote for this bill -- that would
make that cost be reduced to the average
6043
person that goes out to rent a car no matter
where they live, but particularly for New York
State residents?
SENATOR LIBOUS: Mr. President,
thank you. Mr. President, that's why Senator
Paterson is the Deputy Minority Leader. He is
quite astute, and he brings to the floor a
very good question that I would enjoy
answering at this point in time.
Yes, I have shared with you, Mr.
President, Senator Paterson, that the rates
will be reduced. And I not only believe that,
but I back that up on factual data that has
been provided me by other states.
And to make sure that that actually
works in New York State, Mr. President, we
have provided in this law a five-year sunset.
Because I, like many of my colleagues, and I'm
sure like Senator Paterson -- and this is
really, Senator, I think the issue that you're
looking for. This will give us the
opportunity, over the next five years, to
evaluate the success of this proposal so that
we will be able to move it further for another
five years or maybe for indefinite period of
6044
time.
So, Mr. President, I am quite
pleased that Senator Paterson did ask that
question, because it is very important, I
think, when you are moving forward on
legislation like this that at the end of a
period of time you can come back and show the
results. And I believe that the results will
provide us in five years that we can move
forward with renewing this legislation.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President. Mr. President, through you, if
Senator Libous would answer a couple of
questions.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for a question from
Senator Brown?
SENATOR LIBOUS: Yes, I would,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Thank you, Mr.
President. Thank you, Senator Libous.
6045
In looking at the legislation, it
seems like one of the provisions is to
increase the fine for a violation of
discrimination on the basis of a credit card
from $500 to $1000, and it adds religion and
sex to the list of prohibited discriminatory
acts with regard to car rentals. Is that
correct, Senator Libous?
SENATOR LIBOUS: That's correct.
SENATOR BROWN: Now, I certainly,
you know, don't want to see any kind of
discrimination in car rental. But I was
wondering why expressly is religion and sex
added to the prohibited discriminatory acts.
Isn't that covered generally right now?
SENATOR LIBOUS: Mr. President,
Senator Brown makes a good point.
And it is covered under the General
Business Law, but it is just reinforced. The
discrimination acts in this bill are the same
that are in current law. We've changed
nothing. We're just reinforcing that issue.
SENATOR BROWN: Thank you,
Senator Libous.
ACTING PRESIDENT MEIER: Senator
6046
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Through you, if the sponsor
would yield.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield?
SENATOR LIBOUS: Yes, I would,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator. I wanted to go back to several
issues, but I'll go back to an issue that -
SENATOR LIBOUS: Mr. President,
there's an awful lot of noise in here.
ACTING PRESIDENT MEIER: That
point is well taken, Senator Libous.
Could we have some order in the
chamber.
SENATOR LIZ KRUEGER: Senator
Paterson raised the issue of pricing. You had
raised before the argument that this bill
would lower costs for consumers. But I have
some data that shows in fact New York's rental
costs are not higher than the region in
6047
general. And I will use myself as an example
and then some other examples.
I rent a car to come here every
week -
ACTING PRESIDENT MEIER: Excuse
me just a second, Senator Krueger.
Senator Kuhl.
SENATOR KUHL: Senator, please
excuse the interruption.
Would you announce to the members
that there will be an immediate meeting of the
Senate Finance Committee in the Majority
Conference Room, Mr. President.
ACTING PRESIDENT MEIER:
Certainly. Immediate meeting of the Senate
Finance Committee in the Majority Conference
Room.
Senator Krueger, you have the
floor.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
Senator, I'll repeat myself.
Senator Paterson raised the issue -- started
to raise the issue of pricing. You referenced
that in fact our costs were higher than other
6048
parts of the country. I have some data from
the year 2001 that shows in fact New York's
costs overall are approximately parallel to
other states in the region, and cities and
towns.
But I was going to use myself as an
example. I rent a car every week to come up
here. I live on the Upper East Side of
Manhattan, where most people agree it's one of
the more expensive sections of the state of
New York on most consumer price measures. I
pay about $45 a day to rent that car on the
Upper East Side of Manhattan to come up, and I
don't get any special arrangements because I'm
a legislator.
But when I looked into the data of
what the costs are, I found that if in fact I
lived in the Bronx, at least with the Hertz
Car Company, I would be charged a supplemental
fee of an additional, I believe, $56 a day -
I'm just pulling out my numbers. And if I
lived in Brooklyn -- I'm sorry, let me just
find it. I have too much paper here.
If I lived in the Bronx, I would
pay an additional $56 per day on top of the
6049
$45 I was paying. If I lived in Queens, I
would pay an additional $16 per day. If I
lived in Brooklyn, I'd be paying an additional
$34 per day.
I do think there is discrimination
in the pricing on rental cars. And I think in
fact the fact that I come from Manhattan
results in my paying a lower fee than if I was
living in the other three boroughs. Staten
Island and Manhattan don't pay these
supplements.
And I don't believe that these
increased costs relate to the bill that you
have in hand but, in fact, are representative
of the reason that this Legislature passed the
consumer protection bill around rental car
issues when we did. And it was based on
exploitation and discrimination by some of the
large car companies.
I don't think they've fixed the
problems, based on the numbers that I'm
seeing. And I don't understand how your bill
is going to help us address that, because in
fact it's going to give these auto rental
companies more opportunity to, in my opinion,
6050
exploit people who perhaps don't have private
auto insurance or live in the poorer boroughs
of New York City.
SENATOR LIBOUS: Mr. President, I
certainly respect the Senator's opinion.
SENATOR LIZ KRUEGER: Oh, okay.
Thank you. But you don't have a response to
that. So the fact is -
SENATOR LIBOUS: Did the Senator
ask me a question, Mr. President?
SENATOR LIZ KRUEGER: Yes, I was
wondering how you thought your bill was going
to decrease the discriminatory pricing
practices -
SENATOR LIBOUS: Oh, I'm sorry.
Mr. President, I'm sorry. Sure. Sure.
SENATOR LIZ KRUEGER: -- we're
already seeing that, in theory, were supposed
to be addressed by a stronger consumer
protection law, and yet this would weaken that
law.
SENATOR LIBOUS: No, you're
talking two different laws.
And certainly this will not weaken
that law. What this will do is take those
6051
prices -- at least, Mr. President, I believe
that it will take those prices that you
recited -- and certainly I respect the fact
that you have data, but I believe that the
data I have is correct also, so I'm going to
form my opinion and debate based on the
information that I have. But I certainly
respect the information that you have.
The only thing that I would add,
Mr. President, is that if those are the rates
that you're paying, that, as I said earlier, I
honestly believe that this legislation will
reduce those rates further. Because what it
will do is it will put the responsibility
where it should be if a car is damaged or
totaled, and therefore the business will not
be responsible for it, the person who creates
the damage through either insurance coverage
or optional insurance purchase or through the
credit card will be responsible.
Now, Mr. President, I again, for
the life of me, can't understand why we don't
want to make people responsible for their
actions in this state when every other state
has that.
6052
So again, my philosophy here is
that the price of renting a car will decline,
and I believe that that's how it will help the
consumer. And that is my opinion, Mr.
President and Senator.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, through you, if the
sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator Libous.
Do you think that passing this bill
will raise insurance rates in the auto
insurance rate world? You say this will lower
the cost of renting cars.
SENATOR LIBOUS: Well, you know,
Mr. President and Senator Krueger, that seems
to be an issue that no one can give me an
answer to. We've even asked the experts at
the State Insurance Department.
6053
Certainly some insurance companies
will tell you that that would be the case.
But then again, I go back to my original
argument and say why. Because if consumers
are already paying for that in their auto
insurance rates, then why would they raise it?
We're paying for it now. We just want to get
what we're paying for.
And so I see no reason why the
rates would go up. And I have no data before
me or -- I have many opinions. But I honestly
believe that if we're already paying for it as
owners of automobiles, why in heaven's sake
would we have to pay more? I don't see it
happening.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Absolutely.
Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Senator
6054
Libous, I am also not an expert or an actuary
on auto insurance. But I have here, and I'm
happy to share them with you, letters and
documents from the AAA, the Alliance of
American Insurers, Allstate, the Consumer's
Union, Eagle Insurance, the Independent
Insurance Agents Association, the National
Association of Independent Insurers, New York
Central Mutual, New York Insurance
Association, the Professional Insurance Agents
of New York, Progressive Insurance, and State
Farm Insurance, all telling me that in fact
passage of this bill will increase auto
insurance rates, not just for people who rent
cars but for the entire universe of people who
have auto insurance in this state.
So that certainly does raise a
question to me. But I agree, we can agree not
to know on this. I just wanted to highlight
that there's an awful lot of people who are in
the insurance industry who think that this
bill would increase auto insurance. But that
wasn't my question, and I apologize.
If, Mr. President, through you, the
sponsor would continue to yield.
6055
SENATOR LIBOUS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator Libous. I appreciate it. This is -
it's a complex bill.
You mentioned before that you
believed that the number of rental car sites
in New York State shrunk because this
legislation was passed. I don't quite get the
correlation that we passed a consumer
protection law and as a result we lost car
rentals. Can you explain that to me?
SENATOR LIBOUS: Mr. President,
Senator Krueger, I'm glad you asked that,
because I wanted the opportunity to explain
it.
Quite simply -- and if I too could
go through my data that I have here. Mr.
President and Senator Krueger, basically
what's happened in New York State over the
years is that because of the fact that you can
rent an automobile and be liable only for a
hundred dollars, when you total that
6056
automobile, someone has to pay for it. The
damages were absorbed by the business who
rented the car.
Let me share with you some
statistics that I have that would bear out the
fact that it has been very detrimental to the
economy of New York State, and it has also
hurt the revenue of this state. And I'd like
to take an opportunity and share that with
you.
At one time in this state we had
some 572 locations or businesses that rented
cars. We're down to 210 locations, a decrease
of almost 65 percent. And that number may be
even lower since the time that I prepared
these statistics.
At one time there were 120,000
rental cars in the state of New York. Today
there are only 86,000 rental cars in the state
of New York. More than 2,200 full-time rental
car jobs have been eliminated, Mr. President,
because of the fact that these businesses have
gone out of business because of the cost and
liability to the companies. And, you know,
these are statistics that are pretty damaging.
6057
The other point, Mr. President, is
that the Department of Motor Vehicles has lost
well over $2 million in registration fees from
these cars. And the New York State auto
dealers have shared with me that the dealers
have lost some $575 million in vehicle
purchases from the rental car industry.
So, Mr. President and Senator
Krueger, as I said when I first took the floor
this evening, that I not only believe that
this is the right thing to do, but this bill
is an economic development bill. I believe
that when this bill becomes law and when the
Governor puts his signature on this
legislation that the number of car rental
places in New York State will increase, the
number of employees and jobs will increase,
the amount of revenue that the State of New
York will receive through licensing fees will
increase, and I believe that the number of
cars purchased from the automobile dealers
throughout this state will increase.
Therefore, by purchasing more cars, they'll
have to hire more people, because they'll be
busier than they are.
6058
And I just think there's nothing
but upside, Mr. President and Senator Krueger,
to this legislation.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor will
continue to yield.
ACTING PRESIDENT MEIER: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator. I'm sorry, you still haven't
convinced me that there's nothing but upside
to the bill.
SENATOR LIBOUS: Mr. President, I
hope I can continue to have the opportunity to
try.
SENATOR LIZ KRUEGER: But I
appreciate that.
Senator Libous, I listed before a
long list of companies who argued this would
drive up our auto insurance rates for
everyone. And you've mentioned that there's a
universe in the rental car industry who think
6059
that in fact this is a good bill for them.
And I've seen some of these materials also.
And it seems -- you know, it's the big ones,
Hertz and Avis. And I don't want to exclude
others; I'm just looking for the memo of
groups who are supporting this while we speak.
But based on your analysis before
about we lost many of the car rental
locations, we didn't lose the big guys, we
lost smaller independents. Maybe it's not a
fair question, but I'll ask you: Why does
Hertz and Avis care whether smaller car rental
locations went out of business? If anything,
it helps their companies. So why would they
support a bill that they argue would
potentially bring more competition in against
them here in New York?
SENATOR LIBOUS: Well, Mr.
President, Senator Krueger, I think you would
have to ask Hertz or Avis, Senator, that
question. And they would probably answer it
better than I could for their standpoint.
Maybe I should requalify the fact
that I am sponsoring this legislation and
believing this legislation not because of
6060
Hertz and Avis or the car rental industry in
general but, as I said, I think you understand
that I truly believe and am very passionate
about the fact that this is an inequity in our
system. And that it just becomes, to me, a
matter of personal responsibility.
And beyond that personal
responsibility, it is an economic development
issue, it is an issue of free enterprise. And
that's my belief, and I feel very strongly
about that.
Now, if I could, Mr. President, I
would just like to add I know that the Senator
mentioned Hertz and Avis and some of the car
companies that supported this bill. But I
have a few other memos of support that I would
like to share with the Senator.
One is from the Independent
Automobile Dealers Association. And
certainly, as I referenced earlier, this is an
issue that's important to them. One is from
the Hotel Association of the City of New York,
and they sponsor this -- or they support the
bill.
Let me see what else we have. I
6061
have one from the Long Island Association
which is supporting this. And I have one,
believe it or not, Mr. President, from the
statewide Stop DWI organization supporting
this legislation.
So, Mr. President and Senator, I
hope that helps. I'm not sure if you had all
of those memos in support. I just wanted to
take an opportunity to share them with you.
SENATOR LIZ KRUEGER: Thank you,
Senator Libous.
Mr. President, on the bill, please.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I want to thank Senator Libous for
going through so much information with me. I
think to some degree what we've got is not
enough facts and a lot of hypothesis. We have
the argument that this will increase jobs in
the rental car industry and decrease prices.
We have the argument that in fact our prices
aren't significantly higher than anywhere else
now.
And in fact, where we see the price
6062
variations and the extreme price variations,
it's really based on discriminatory practices
based on zip codes. Some people who live in
some zip codes of this state end up paying
over double what people who live in other zip
code areas are.
We have debate over whether or not
this is going to increase the cost of auto
insurance, with an awful lot of the entities
who work in the auto insurance industry
telling us yes, it's going to increase auto
insurance.
What I am sure about is it will
increase prices to consumers who, through no
fault of their own, will end up having to pay
higher costs for damage to cars. It will
reverse the position of the State Legislature,
who attempted to address and redress
discriminatory practices in the auto rental
industry throughout the '80s and '90s. I have
reports here that even as late as 1998 we were
finding continued practices of discrimination
in the car rental business in this state.
I don't believe we have the
evidence to argue that this act, when it was
6063
passed, resulted in a decrease in the auto
rental company business. Lots of other
factors have gone on between 1988 and today.
Clearly, one of them is a change in policy
between the larger auto rental companies and
some of the larger car manufacturers to do
sort of bulk selling of large quantities of
automobiles that would get piled up. I mean,
I think that basically the industry has become
more efficient and they are not leaving as
many pileups of cars in lots waiting for
renters.
I do think that a five-year sunset
clause on this bill is not acceptable. We
ought to know the answers before we put the
bill into place. We should have the Insurance
Department have mandates on review and
certification before we change this. We
should make sure that in this bill, if it was
to pass -- and I will not be able to support
it tonight -- we would have clarification so
that people didn't incorrectly misunderstand
and believe they had to purchase these CDWs,
collision damage waivers, which translate at,
by the way, $9 a day to $3,300 a year or, at
6064
$12 a year, to $4,400 a year, just for
collision damage waivers.
We need to have an assurance of an
end of discriminatory policies by the car
rental companies, I think, before we could
even imagine entering into a change in the
consumer protection deal that we went into in
good faith in this state. And we need a lot
more answers to the questions that both of us
have raised before I could be comfortable
doing such damage to consumer protections in
the rental car industry.
So I will be voting no. I hope
others will join me in voting no.
Thank you very much for your
answers to my questions.
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.)
ACTING PRESIDENT MEIER: Announce
the results.
6065
THE SECRETARY: Those recorded in
the negative on Calendar Number 1580 are
Senators Alesi, Andrews, Balboni, Bonacic,
Brown, Duane, Espada, Farley, Fuschillo,
Hassell-Thompson, Hevesi, Johnson, L. Krueger,
LaValle, Morahan, Onorato, Oppenheimer,
Padavan, Paterson, A. Smith, M. Smith,
Stachowski, Stavisky, Trunzo, Velella. Also
Senators Marcellino and Dollinger in the
negative. Ayes, 34. Nays, 27.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR KUHL: Mr. President.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Can we continue
with Calendar Number 1613, please.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I request unanimous consent to be
recorded in the negative on Calendar Number
839.
ACTING PRESIDENT MEIER: Without
objection, Senator Fuschillo will be recorded
6066
in the negative on Calendar 839.
SENATOR MARCELLINO: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Likewise,
I'd like unanimous consent to be recorded in
the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Marcellino will be recorded
in the negative on Calendar Number 839.
The Secretary will read
Calendar 1613.
THE SECRETARY: Calendar Number
1613, by Senator Volker, Senate Print 7634, an
act to amend the County Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2 -
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
6067
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar 839.
6068
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on Calendar 839.
Senator Farley.
SENATOR FARLEY: I'd like to be
in the negative on 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Farley will be recorded in
the negative on Calendar 839.
Senator Kuhl.
SENATOR KUHL: Could we take up
Calendar 1614, please.
And could we have a little order in
the chamber. We've got a lot of members
walking around and making noise.
ACTING PRESIDENT MEIER: Could we
have order in the chamber.
For one thing, by the way, it's
very difficult to determine who wants to be
recognized and who is just merely standing and
milling around.
So we need order in the house. And
I'd request cooperation from people who'd like
to go home at a decent hour tonight.
The Secretary will read Calendar
6069
1614.
THE SECRETARY: Calendar Number
1614, by Senator Hoffmann, Senate Print 7642,
an act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
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
6070
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Balboni, why do you rise?
SENATOR BALBONI: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar Number 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Balboni will be recorded in
the negative on Calendar 839.
Senator Bonacic.
SENATOR BONACIC: Ditto.
ACTING PRESIDENT MEIER: You're
requesting to be recorded in the negative on
Calendar 839, Senator?
SENATOR BONACIC: Yes. Thank
you, Mr. President.
ACTING PRESIDENT MEIER: Without
objection, Senator Bonacic will be recorded in
the negative with regard to Calendar 839.
Senator LaValle.
6071
SENATOR LAVALLE: May I have
unanimous consent to be recorded in the
negative on Calendar Number 839.
ACTING PRESIDENT MEIER: Without
objection, Senator LaValle will be recorded in
the negative on Calendar 839.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, may I join my colleagues in the
back row and be recorded in the negative on
Calendar Number 839.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative on
Calendar 839.
SENATOR ANDREWS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Andrews.
SENATOR ANDREWS: I would like to
be recorded in the negative on Calendar 839.
ACTING PRESIDENT MEIER: Senator
Andrews, without objection, will be recorded
in the negative with regard to Calendar 839.
Senator Alesi.
SENATOR ALESI: Thank you. I ask
unanimous consent to be recorded in the
6072
negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Alesi will be recorded in
the negative on Calendar 839.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes, Mr.
President. I ask unanimous consent to be
recorded in the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Malcolm Smith will be
recorded in the negative on Calendar 839.
Senator Maltese, why do you rise?
SENATOR MALTESE: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar Number 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Maltese will be recorded in
the negative on Calendar 839.
Senator Wright.
SENATOR WRIGHT: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Wright will be recorded in
the negative on Calendar 839.
6073
Senator, a number of other senators
want to be recognized. Give us a second to
complete something, please.
Senator Kuhl.
SENATOR KUHL: Do we have order
now?
ACTING PRESIDENT MEIER: We have
a semblance of order, Senator. I think we can
proceed.
SENATOR KUHL: All right. Do we
have some other members who wish to change
votes?
ACTING PRESIDENT MEIER: Yes, we
do.
SENATOR KUHL: Why don't we take
care of that right now, clear that up and go
on.
ACTING PRESIDENT MEIER: Very
well.
Senator Mendez.
SENATOR MENDEZ: Thank you,
Mr. Chairman. I would appreciate unanimous
consent to be recorded in the negative on
Calendar Number 839.
ACTING PRESIDENT MEIER: Without
6074
objection, Senator Mendez will be recorded in
the negative on Calendar 839.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I'd like to request unanimous
consent to be recorded in the negative on
Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar 839.
Senator Libous.
SENATOR LIBOUS: Mr. President,
could I have unanimous consent to be recorded
in the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Libous will be recorded in
the negative on Calendar 839.
SENATOR KUHL: Can we get some
order in the chamber, and we will continue our
business.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Now, would you
have the Secretary call up Calendar Number
1627.
6075
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1627.
THE SECRETARY: Calendar Number
1627, by Senator Espada, Senate Print 7784, an
act to amend the Education Law, in relation to
payment of tuition and fees.
SENATOR HASSELL-THOMPSON:
Explanation.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is a message at the desk.
SENATOR KUHL: Move we accept the
message.
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.
Senator Espada, Senator
6076
Hassell-Thompson has requested an explanation
of 1627.
SENATOR ESPADA: Thank you, Mr.
President.
This bill addresses a compelling
need. It's a Governor's program bill which
would allow undocumented residents, except
nonimmigrant aliens of New York, to once again
pay in-state tuition and fees at the State
University of New York -- SUNY -- City
University of New York -- CUNY -- and
community colleges, as long as they meet any
number of criteria outlined in the bill.
And furthermore, it also provides
for an affidavit that would state that said
student has filed an application to legalize
their immigration status, or will do so, to be
eligible for the benefits spelled out herein.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: This
6077
is a difficult one for many of us. And I'm
fairly sure that we're going to be debating
this for a few minutes.
My first concern was about students
who are not able -- who are citizens who might
not be able to extract this benefit, until I
remembered the numbers of cases that come to
my office. I live in a district that has a
high predominance of people from the Caribbean
as well as Latino students. And one of the
things that we have tried to encourage,
through our young people, is to get a good
education, go to school.
But many of their families have
come to my office for assistance with issues
of immigration. And these issues are very
extensive, in that they have applied and they
have been on the waiting list, some as long as
five years, and some longer. Some of the
children have grown up in our school districts
and their parents are still awaiting the
opportunity to receive their citizenship.
One of the things that concerns me
a great deal is if these young people are
accepted into our college institutions and are
6078
further penalized because, through no fault of
their own, that because of paperwork, because
of backlog in INS, that we are not able to
facilitate their ability to pay in-state -
many of whom also come from families who are
all working-class families, but getting a
college education financially is difficult
from the outset. For them to have to pay an
out-of-state rate would probably mean that
many of them would not be able to go to
college at all.
So from that perspective, I have
declared that I must, based upon the
constituency that I serve, I must support this
bill.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President. Would Senator Espada yield to a
question?
ACTING PRESIDENT MEIER: Senator
Espada, do you yield for a question?
SENATOR ESPADA: Yes, of course.
ACTING PRESIDENT MEIER: The
sponsor yields.
6079
SENATOR PADAVAN: Senator Espada,
one of the conditions that would allow an
undocumented alien to enter City University is
to pass a GED examination; correct?
SENATOR ESPADA: Under this bill?
SENATOR PADAVAN: Yes.
SENATOR ESPADA: One of the
conditions is -- and I'll just read, so that
we can be totally accurate -- "attended an
approved program for GED exam preparation in
the state, received a GED issued within the
state, and applied for" -- and I read "and -
"and applied for admission into SUNY or CUNY
within five years from the receipt of that
GED."
SENATOR PADAVAN: So therefore
the answer is yes; am I correct?
SENATOR ESPADA: The answer is as
I read it, sir.
SENATOR PADAVAN: Well, it's yes,
they could still sit for the GED test, pass
it, and then apply for SUNY or CUNY and
receive a resident tuition bill.
SENATOR ESPADA: Within five
years of receipt of the GED, yes.
6080
SENATOR PADAVAN: Within five
years.
SENATOR ESPADA: Yes.
SENATOR PADAVAN: They could do
it the following day; am I correct?
SENATOR ESPADA: Yes.
SENATOR PADAVAN: Okay. Thank
you, Senator.
Now, one of the other questions I'd
like to ask you is that the bill specifies
that an illegal alien must file an affidavit
at that point in time that they will seek to
legalize their status. Am I correct?
SENATOR ESPADA: Or that they
will file such an affidavit upon becoming
eligible to do so.
SENATOR PADAVAN: But they have
to file an affidavit saying that they're going
to do that; right? Am I correct?
SENATOR ESPADA: When they become
eligible, yes.
SENATOR PADAVAN: Now, Senator,
is it not true that most undocumented aliens
would find it impossible, short of amnesty, to
establish a legal residence without first
6081
returning back to their country of origin and
seeking a visa?
SENATOR ESPADA: I think that the
issue of residency is not germane to this
bill. What is germane to this bill is the
criteria that has been set forth in it to
qualify for this benefit. Namely, that one
which we just discussed, but also having
attended a New York high school for more than
two years or receipt of a Regent's diploma and
having obviously been admitted to SUNY or
CUNY.
I may just add, inasmuch as I sense
where this may be going, that 47 percent of
those freshmen who entered the 2001 class who
are the ones that would immediately, upon us
passing this, get this benefit were born
outside of the United States. And many of
them, many of them, as articulated by Senator
Thompson, have resided in New York State for a
very long time.
I mean specifically, just so that
we can again put a human face to this, we're
talking about individuals that may have
parents who are domestic workers who
6082
themselves haven't been able, because of the
backlog that was referenced earlier, which is
years and years long -- they now have a child
who has attended public school and now wants
to attend our public institutions of higher
learning, had been getting this benefit up
until -- if they were in CUNY, up until
January of this year.
And what this legislation simply
does is it reintroduces that fairness, that
equity back into a population who had the
benefit all along, up until January of this
year.
SENATOR PADAVAN: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Padavan, on the bill.
SENATOR PADAVAN: First, let me
say residency is at the core of this issue in
many, many different ways. And, secondly,
that fairness looms very high, in my mind's
eye, as to why this is a terrible bill. And
I'll explain.
First, let's go back to the federal
statute that triggered this whole sequence of
6083
events, the 1996 Illegal Immigrant Reform and
Immigration -- I wonder if you could close
this door open over there, Senator. Thank
you.
It says, and I'll quote it
correctly: "An alien who is not lawfully
present in the United States shall not be
eligible on the basis of residence within a
state for any postsecondary education benefit
unless -- unless -- a citizen or national of
the United States is eligible for such
benefit."
Now, what does that mean? That
means if a youngster comes across the George
Washington Bridge and attends City College and
today that youngster is paying a nonresident
tuition, then an undocumented alien, under
that federal law, should also be paying a
nonresident tuition. Unless you give the
youngster from New Jersey the resident
tuition, which we're obviously not about to
do. So you talk about fairness, that's right
in front of you, for openers.
Now, talk about another issue of
fairness. In this country there are over
6084
500,000 youngsters from all over the world
attending private colleges and universities
with student visas. In New York State,
between private and public colleges, there are
50,000 -- 17,000 in City University and SUNY,
based on some data that Senator LaValle and
his committee were able to develop on that
subject.
Now, these are youngsters who are
here, and we welcome them with open arms,
because I think that having foreign students
come to our colleges and universities,
learning about our form of government,
returning back home is an enrichment globally.
And I support it. And we should all support
it. They enrich themselves and they enrich
the student body by virtue of what they bring
to it.
What an affront to them to say that
someone can come into this country illegally,
take a GED test and then apply to CUNY and not
only be admitted, but be admitted with a
resident tuition. And that's what this bill
provides. And I think that's terribly unfair.
Now, we have had some recent
6085
federal enactments. In a matter of weeks, the
president has put into law by his signature
saying we must now track students coming into
this country with visas because of the events
of 9/11 and other security concerns. We must
know that they indeed are attending the
college or university, that they continue to
reside in that college or university and, if
they leave it, where do they go. A very
stringent tracking mechanism is currently
being put in place.
According to a CUNY internal audit
of their own, there are over several thousand
illegal immigrants in City University. This
is not my number, it's their number. How do
you track them? Do you know where they come
from? Do you know what courses they're
studying? The answer is no. Because there is
no way to track someone who is not on that
screen, who doesn't have a student visa, who's
unidentifiable unless you go back to the
application.
Now, I'll draw your attention, if
some of you have ever looked at a CUNY
application, there's a section that says are
6086
you a citizen, yes/no. If no, what is your
immigration status, what is your visa number,
et cetera, et cetera. Well, apparently
thousands are leaving that blank or saying no
and then leaving the rest out. And absolutely
nothing, absolutely nothing is being done
about it.
I know I stand at risk of being
labeled xenophobic by virtue of drawing
attention to this fact. And that's happened
more than once, and I've gotten used to it.
It bothers me, however, to the degree that I
believe, as a second-generation immigrant, as
many of you are, who came to this country, my
grandparents, legally -- and in the city of
New York today, millions coming from all over
the world, legally, with green cards, seeking
citizenship in many cases.
And there isn't a week goes by that
we don't have at least a half a dozen people
in my office for whom we are advocating with
INS to expedite generally citizen
applications, fingerprinting and all the
things they go through.
What an affront to all of them to
6087
say, You don't have to do any of that, just
get here and then we'll sign you up for a
college education and you'll pay a resident
tuition and no one is going to know who you
are, where you are, where you came from.
Now, obviously what Senator Espada
says is correct, the overwhelming percentage
of these young people who are undocumented are
of no danger to this country. But I suggest
to you it only takes a few, as we found out,
to be up to no good. At least we should know
who they are, where they're coming from, and
what they're doing.
The part of this bill that talks
about having gone to high school here and all
of that I have no problem with, because that
identifies some roots. And in that case I
would also suggest that seeking legal status
and filing an affidavit might have some
validity. And I say "might." But I think it
still presents a problem.
There are major holes in this
legislation. The affidavit means nothing,
because they're never going to get it.
They're never going to get legal status unless
6088
they go back to that country they came from.
And this whole dialogue that Senator Espada
talks about having gone to high school and all
that, all well and good until you get to the
last item, the GED, which is a walk-in test.
And there's no age limit. It could be 25
years old. Come here, take the GED test and
enroll under this provision if it were law.
So I would say to you, my
colleagues, with all due respect to the
sponsor and I'm sure his proper motivation, to
do this would be a major mistake.
Thank you.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
I'm certainly not going to repeat what has
been said.
But it seems to me that 150 years
ago when City College was founded, it was
founded for the sons and daughters of the
immigrant families that came to this country
in the 19th century. And the children
attending the high schools, the public high
schools of New York City, those who go on to
6089
either the community colleges, the four-year
institutions at CUNY and SUNY I think deserve
no less than the sons and daughters of the
nineteenth-century immigrants deserved.
From what I understand,
three-quarters of the undocumented freshmen
went to public high school in New York City.
Many of them live in my Senate district. I
represent a district that has 50 percent
Latino and 25 percent Asian population.
As I understand it, the reason for
the differential between in-state and
out-of-state tuition, the differential was due
to the concept that people who live in the
city are paying taxes, New York City taxes and
state taxes. And this tax money, part of it
goes to support our public institutions. And
that I think is why we had the differential,
because out-of-state people are obviously not
paying our taxes.
I think this is a terrific bill.
And the reason I think it's a terrific bill is
that it offers the opportunity for young
people to make it in our society. We've heard
a lot of talk about prisons and upstate
6090
employment opportunities as prison guards.
But it seems to me it's a lot better and a lot
cheaper to send a kid to college and to make
an investment in that young person's future.
And I certainly suggest to my colleagues that
that's the least we can do for the young
people of tomorrow.
Thank you.
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: Mr. President, I
also happen to believe that this is a very
important and necessary bill.
I was shocked when I heard my dear
colleague Senator Padavan describing the
situation with the most nefarious thoughts.
Like what we're dealing about is residency.
My dear Senator Padavan, the analogy that you
use about people from New Jersey crossing over
the bridge and getting -- and paying for no
residence, well, that's fine. That's a true
situation.
But the children, the youngsters
that we're talking about, many of them have
been in the United States since the age of two
6091
or three years old. And they have gone -- I
have seen them in my district, in
kindergarten, very shy, because probably the
parents have told them that they shouldn't say
anything at an early age.
And they have gone through that
public school system, and now they are ready
to go to college. I think that they're
deserving of not to have the tuition free, but
of paying based on a true fact, and that true
fact is that they are residents of New York
State.
So I want to inform my colleagues
that the Senate of the United States is
expected to pass Senate Bill 1291 that is
called an agreement, a bipartisan agreement by
Senator Orrin Hatch, a Republican, and Senator
Richard Durbin, a Democrat from Illinois, to
provide relief to immigrant students.
Specifically, the agreement would provide
immigration relief to undocumented young
people of good moral character and who have
spent five years or more in the United States.
I'll tell you, Mr. President, by
the time that these youngsters go to college,
6092
they already, they already have become very
Americanized. Okay? So they do not present a
danger.
I think it's the decent public
policy for all of us to follow.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Yes, thank you,
Mr. President.
I just wanted to clarify the point
that nonimmigrant aliens are not illegal
immigrants. As Senator Mendez says, these are
children in some cases who were actually born
into this country. They have been living in
this state, in some cases, for all of their
lives, and attending school from the earliest
levels through graduation from high school,
and intend on attending college in the SUNY or
CUNY system.
I think it makes sense, I think
it's good public policy for us to allow these
students who have lived in this country the
opportunity to get a higher education and
raise their ability to support themselves and
6093
to be contributing members to society.
Further, there's a provision in
this piece of legislation, and I just want to
read it, that students who do not have lawful
immigration status through this legislation
will be required to file an affidavit stating
that the student has filed an application to
legalize their immigration status or will file
such an affidavit upon becoming eligible to do
so.
So I think that passing this
legislation is good public policy. I think
these students in many cases are people who
have been in our state all along, who have
been in our school system. And I think that
this is not a means of somebody illegally
taking something that they don't deserve out
of our state, but giving young people who have
lived here all of their lives the opportunity
that we all want for our children; that is, to
further themselves, get a quality education,
and become contributing members to our
society.
So I urge all of my colleagues to
support this piece of legislation. Thank you.
6094
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I was surprised that Senator Padavan didn't
point out that there are 487,000 individuals
who immigrated to this country since
September 11th. And there is obviously a
concern about the immigration policy of this
country.
So while I don't think Senator
Padavan suffers from xenophobia, I don't even
know what xenophobia is.
There is an attempt, I think, in
this legislation to reward people who have
come to this country and done everything we've
asked them to do. They may be nonresident
immigrants, but they have complied with all
the regulations due upon them. They
apparently are striving for citizenship and
wanting to be part of this country and
America's values.
And I think particularly in light
of some of the issues that Senator Padavan
pointed out, this is specifically the reason
that we would want to encourage those who want
6095
to come to this country, since we all -- well,
most of us wanted to come here.
And the fact is that we really
should take, I think, a different point of
view. And if you'd read American history,
every new group that came to the shores of
this country was oppressed.
So we're happy that Senator Espada
is continuing the work that we've been trying
to accomplish here in the Minority Conference.
On May 16, 2002, Assemblyman [sic]
Schneiderman offered this same legislation
really as an amendment to a budget bill that
was offered in this conference and was
supported by Jobs for Justice, an organization
out of New York City that promotes there to be
a tuition for nonresident immigrants.
So I think it kind of establishes
the necessity for this type of bill, and I
certainly encourage its passage.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect July 1, 2002.
ACTING PRESIDENT MEIER: Call the
6096
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Balboni, to explain his vote.
SENATOR BALBONI: Mr. President,
I have attended several meetings in
Washington, D.C., relative to the immigration
policy of this nation in regards to the
security of our great country. And I think
that this bill is getting caught up in that
discussion.
As I read this bill, this bill does
not change any immigration requirements as it
relates to who is an illegal alien, who is a
resident alien. What this says is that if you
come to this country and you apply for tuition
at these institutions, irrespective of the
other credentials that you may have received
in regard to immigration, then you're not to
be charged a different rate. That is the
issue.
I don't believe that this issue has
anything to do with tracking foreigners in
this nation for security concerns. As a
matter of fact, if you check with the federal
6097
government, they're about to come out with a
new regulation, the SEVIS program, that's
going to require all universities that accept
foreign students to track foreign students
through a computer database. And if you don't
do it, if you don't comply, then you lose the
ability to have foreign students attend your
university.
So this is really the issue of
whether or not we give immigrants a leg up,
the same opportunities for education as we do
to the people that are already in this nation.
That's a separate bill. I'm going to support
this.
ACTING PRESIDENT MEIER: Senator
Balboni will be recorded in the affirmative.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I think the
bottom line here is that many of these parents
would love to become citizens, and I think the
problem lies with our immigration service.
And I think maybe we can all fire off some
notes saying that some changes have to be made
there at the federal level.
I'm voting yes.
6098
ACTING PRESIDENT MEIER: Senator
Oppenheimer will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1627 are
Senators Bonacic, DeFrancisco, Fuschillo,
LaValle, Leibell, Libous, Maltese, Marcellino,
Maziarz, McGee, Padavan, Stachowski, Volker,
and Wright. Also Senator Nozzolio. Also
Senator Rath. Also Senator Farley. Ayes, 44.
Nays, 17.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Nozzolio.
SENATOR NOZZOLIO: I request
unanimous consent to be recorded in the
negative on Calendar Number 839, Bill Number
6083A.
ACTING PRESIDENT MEIER: Without
objection, Senator Nozzolio will be recorded
in the negative on Calendar 839.
Senator Gonzalez.
SENATOR GONZALEZ: Mr. President,
I request unanimous consent to be recorded in
6099
the negative on 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Gonzalez will be recorded
in the negative on Calendar 839.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. May we now go to Supplemental
Active List Number 3 and do a noncontroversial
reading of that active list.
ACTING PRESIDENT MEIER: Senator
Maziarz is up again, Senator. May I recognize
him?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: Thank
you, Senator.
Senator Maziarz, why do you rise?
SENATOR MAZIARZ: Thank you very
much, Senator Kuhl.
ACTING PRESIDENT MEIER: Senator
Maziarz, why do you rise?
SENATOR MAZIARZ: Mr. President,
I'd like unanimous consent to be recorded in
the negative on Calendar Number 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Maziarz will be recorded in
6100
the negative on 839.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. We'd like to begin with Calendar
Number 67, which is currently on the starred
calendar.
I'd make a motion to remove the
sponsor's star on Calendar Number 67.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR KUHL: And then, with
unanimous consent, we'd like to have the
reading of that bill.
ACTING PRESIDENT MEIER: Without
objection.
The Secretary will read Calendar
67.
THE SECRETARY: Calendar Number
67, by Senator Saland, Senate Print 3434A, an
act to amend the Domestic Relations Law and
the Family Court Act.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Explanation,
Mr. President.
6101
SENATOR KUHL: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
160, by Member of the Assembly Glick, Assembly
Print Number 4945C, an act to amend the
Agriculture and Markets Law and the General
Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
781, by Senator Leibell, Senate Print 7215, an
act to amend the Administrative Code of the
City of New York and the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
6102
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, earlier in this Supplemental
Calendar Number 3, with respect to Calendar
Number 67, I asked that the bill be laid aside
for an explanation. I'd like to withdraw
that, Mr. President, if I may.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 67.
THE SECRETARY: Calendar Number
67, by Senator Saland, Senate Print 3434A, an
act to amend the Domestic Relations Law and
the Family Court Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
6103
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1165, by Senator Mendez, Senate Print 2504A,
an act to amend the Election Law, in relation
to requiring certain voter registration cards.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Senator
Mendez, an explanation has been requested.
Lay the bill aside.
THE SECRETARY: Calendar Number
1252, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11618A, an act to amend the Real
Property Actions and Proceedings Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
6104
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Did we pass 1252?
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR KUHL: Move to reconsider
the vote by which the bill passed the house.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
THE SECRETARY: In relation to
Calendar Number 1252 -
(The Secretary called the roll.)
THE SECRETARY: -- ayes, 61.
SENATOR KUHL: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
The Secretary will continue to
read.
SENATOR KUHL: Mr. President.
ACTING PRESIDENT MEIER: Senator
6105
Kuhl.
SENATOR KUHL: I'd like to move
to reconsider the vote by which Calendar
Number 67 passed the house.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
THE SECRETARY: In relation to
Calendar Number 67 -
(The Secretary called the roll.)
THE SECRETARY: -- ayes, 61.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR KUHL: Now if we can go
to Calendar 1384 and continue on the
noncontroversial reading of Supplemental
Number 3.
ACTING PRESIDENT MEIER: The
Secretary will continue the noncontroversial
reading, beginning with Calendar 1384.
Senator Kuhl.
SENATOR KUHL: Mr. President, I
6106
understand that Calendar Number 1384 is high
on the calendar.
ACTING PRESIDENT MEIER: That's
correct.
SENATOR KUHL: So we'll need to
go to 1442.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1442.
THE SECRETARY: Calendar Number
1442, by Senator Skelos, Senate Print 6318B,
an act to amend the Labor Law, in relation to
establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Saland.
SENATOR SALAND: Mr. President, I
request unanimous consent to be recorded in
6107
the negative on Calendar 1627.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative on Calendar 1627.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be in the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 839.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
thank you, Mr. President. I too would rise to
request unanimous consent to be recorded in
the negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar 839.
Senator Johnson.
SENATOR JOHNSON: Mr. President,
I request unanimous consent to be recorded in
the affirmative on Calendar Number 1580.
ACTING PRESIDENT MEIER: Without
objection, Senator Johnson will be recorded in
6108
the affirmative on Calendar 1580.
Senator Seward.
SENATOR SEWARD: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar Number 1627.
ACTING PRESIDENT MEIER: Without
objection, Senator Seward will be recorded in
the negative on Calendar 1627.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. I understand that this is a very
busy time, and a lot of members are coming and
going. But could we have the members try to
concentrate on the bills when they're here and
cast your vote if you're going to vote in the
negative.
And we would like to pass some
bills and end today before midnight. So this
kind of disruption doesn't allow us to proceed
or -- so can we continue now with the
calendar.
And I'll ask all the members, if
you wish to change a vote or record another
vote, please wait until the end of the session
and do it then, because you may have a couple
6109
more votes that you want to change then,
rather than disrupt the proceedings of the
house.
Now, the Secretary will call up
Calendar Number 1593.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1593.
THE SECRETARY: Calendar Number
1593, by Senator Saland, Senate Print 5638A,
an act to amend the Social Services Law and
others, amending the Social Services Law and
the Tax Law.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: We need
to get the bill on the floor first.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, is there a message on Calendar
Number 1593 at the desk?
ACTING PRESIDENT MEIER: There is
a message.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
6110
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.
Lay the bill aside.
The Secretary will continue to
read.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. We have now several bills off the
regular calendar we'd like to take up.
Could you call up Calendar Number
733, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 733.
THE SECRETARY: Calendar Number
733, by Member of the Assembly Gantt, Assembly
Print Number 9934A, an act in relation to
establishing a pilot study.
ACTING PRESIDENT MEIER: Read the
6111
last section.
SENATOR HEVESI: Explanation.
SENATOR KUHL: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR KUHL: Mr. President,
would you now call up Calendar Number 658.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 658.
THE SECRETARY: In relation to
Calendar Number 658, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7199A and substitute it
for the identical Senate Bill Number 3954A,
Third Reading Calendar 658.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is.
Senator, we've substituted a live
Assembly bill so we can proceed at this time.
6112
Read the last section.
SENATOR HEVESI: Explanation,
please.
THE SECRETARY: Calendar Number
658, by -
SENATOR KUHL: An explanation was
asked for. Lay the bill aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Kuhl.
SENATOR KUHL: Mr. President,
could you call up Calendar Number 686.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 686.
THE SECRETARY: Calendar Number
686, by Senator Balboni, Senate Print 6933A,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
at the desk, Mr. President?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
6113
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Now, Mr.
President, can you call up Calendar Number
1295.
ACTING PRESIDENT MEIER: The
6114
Secretary will read Calendar 1295.
THE SECRETARY: Calendar Number
1295, by Senator Wright, Senate Print 7139B,
an act to amend the Vehicle and Traffic Law,
in relation to issuance.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
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
6115
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Mr. President, can
we now call up Calendar Number 1432.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1432.
THE SECRETARY: Calendar Number
1432, by Senator Kuhl, Senate Print 7527B, an
act to authorize the conveyance of certain
real property.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
6116
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
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 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Can we now call up
Calendar Number 553. This is on your regular
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 553.
6117
THE SECRETARY: Calendar Number
553, by Member of the Assembly Abbate,
Assembly Print Number 6942D, Senate Reprint
21000.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: I move we accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message say
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.
SENATOR HEVESI: Explanation.
SENATOR DOLLINGER: Lay it aside.
6118
SENATOR KUHL: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. We're going to go back and try to
accommodate some of the messages that have
come through on the bills.
We're going to start out on this
supplemental list with Calendar Number 67. A
message has now arrived. Then we're going to
be going back to the Supplemental Calendar
Number 2 and take up, in this order, Calendar
Number 1588, Calendar Number 1604, Calendar
1623, and Calendar 1626.
And again, these will be
noncontroversial readings. So with that, can
we now take up Calendar Number 67, which is
again on Supplemental Number 3 Active List.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 67.
THE SECRETARY: Calendar Number
67, by Senator Saland, Senate Print 3434A, an
act to amend the Domestic Relations Law and
6119
the Family Court Act.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
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 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
6120
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1588, by Senator Stafford, Senate Print 3918B,
an act to amend the Executive Law, the State
Technology Law, and the State Finance Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
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.
6121
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1604, by Senator Espada, Senate Print 7314C,
an act to amend the Private Housing Finance
Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
6122
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read 1623.
THE SECRETARY: Calendar Number
1623, by Senator Marchi, Senate Print 7721A,
an act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
6123
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
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.
SENATOR DOLLINGER: Explanation,
Mr. President.
I withdraw the explanation.
SENATOR KUHL: Read the last
section.
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, 61.
6124
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read 1626.
THE SECRETARY: Calendar Number
1626, by Senator Espada, Senate Print 7769, an
act to amend the Vehicle and Traffic Law and
the State Finance Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. Is there a message of necessity at
the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
6125
The bill is before the house.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, can you call up now Calendar Number
733.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 733.
THE SECRETARY: Calendar Number
733, by Member of the Assembly Gantt, Assembly
Print Number 9934A, an act in relation to
establishing a pilot study.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of the
calendar month next succeeding.
6126
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Mr. President, can
you call up Calendar Number 658.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 658.
SENATOR KUHL: On the regular
calendar. Regular calendar now.
THE SECRETARY: Calendar Number
658, substituted earlier today by Member of
the Assembly Davis, Assembly Print Number
7199A, an act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Could we lay that
bill aside temporarily, Mr. President.
6127
ACTING PRESIDENT MEIER: 658 will
be laid aside temporarily.
Senator Kuhl.
SENATOR KUHL: For the benefit of
the members, and so that we can provide some
order, we would next like to go to Senator
Mendez, but I see she's not here.
So we'll take up Calendar Number
1252, by Senator DeFrancisco, then Senator
Saland's 1593, then we'll go back to Calendar
Number 1165, by Senator Mendez, in that order.
On debate.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1252.
THE SECRETARY: Calendar Number
1252, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11618A, an act to amend the Real
Property Actions and Proceedings Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
6128
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read Calendar
Number 1593.
THE SECRETARY: Calendar Number
1593, by Senator Saland, Senate Print 5638A,
an act to amend the Social Services Law and
others, amending the Social Services Law and
the Tax Law.
SENATOR DOLLINGER: Mr.
President, could we just have on explanation
on this bill, please.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Dollinger has requested an
explanation.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, this is the
Governor's Child Support Enforcement
Improvement Act. What this bill would do
would be to dramatically improve child support
collection and enforcement in our state.
It will strengthen criminal
6129
penalties for so-called deadbeat parents,
increase the amount of child support received
by custodial parents, increase the
pass-through from the current $50 to $100, and
provide more extensive health coverage than is
currently provided for by way of application
to the Family Court, with the court also being
required to consider, where appropriate, that
a parent also attempt to access either Child
Health Plus or medical assistance.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just one
brief question, Mr. President. I haven't had
a chance to review the bill -
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: We've
increased the criminal penalties for
nonpayment of child support; is that correct?
SENATOR SALAND: Yes. There will
6130
be -- if you're $2,000 in arrears or six
months without making payments, there will be
a misdemeanor penalty, A misdemeanor. If
you're $10,000 in arrears, or two years, it
would be an E felony. And $50,000 or five
years would be a D felony.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Saland will yield
just to one other question.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I'm going to
vote for this bill, Senator Saland. I just
want to see what is our experience with
increased criminal penalties for deadbeat dads
or deadbeat parents.
Is there any evidence that suggests
that criminal penalties actually result in an
increased return to the custodial parent? I
mean, does it actually -- what we want them to
do is pay their bills, not send them to jail.
6131
SENATOR SALAND: Well, I can -
let me first say that over the course of the
past seven-plus years, Governor Pataki has
been certainly not merely keenly interested
but very proactive in attempting to increase
support collections in New York State. And
they have increased dramatically under a
number of initiatives that we in this house
have helped to move as part of some of the
Governor's program bills and other measures as
well.
The response with regard to the
impact of criminal penalties on support
collections, I don't know if anybody could
collect that data.
I do know, for instance, my
counsel, as recently, I believe, as today, had
a situation in which somebody faced with time
under the existing deadbeat dad provisions
suddenly and miraculously managed to come up
with $5,000.
There have been other, more
highlighted cases I have seen reported in the
media where some person had been substantially
in arrears, perhaps tens of thousands in
6132
arrears, and when confronted with the apparent
choice of being trudged off to be incarcerated
somewhere or coming up with the money, they
managed to come up with the money.
So yes, there certainly have been
reported incidents in which it seems to have
worked. Unlike the prior system before we
imposed some criminal penalties.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, the explanation is
satisfactory.
Mr. President, I accept Senator
Saland's episodic evidence of this. I'm just
always concerned that we increase the
penalties, we threaten to send people to jail,
but they don't actually get the cash. The key
thing is to recognize those support
obligations and get them paid and get cash
flowing to the custodial parent.
So with that in mind, Mr.
President, I'll let the bill go.
ACTING PRESIDENT MEIER: Read the
last section.
6133
THE SECRETARY: Section 55. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Senator
Duane, why do you rise?
SENATOR DUANE: I have a
question, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
SENATOR DUANE: Through you, Mr.
President, if the family is on public
assistance and the father does not pay child
support, then a penalty -- and they're $10,000
in arrears, then potentially the father can go
to jail; is that correct?
SENATOR SALAND: Yes, that's
correct.
However, a bill we did earlier
today makes that pretty well unlikely.
Because while the statute talks in terms of a
minimum $25 obligation, in response to a Court
of Appeals case, Rose versus Moody, we have
effectively said that the court can recognize
that there are circumstances in which people
6134
are unable to, where they may be receiving
public assistance, to meet that obligation.
So while theoretically that's
possible, and there may be some cases in which
it may occur, I think it's highly unlikely.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would 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 DUANE: If the family is
not receiving public assistance and the father
again does not make -- is $10,000 in arrears
and doesn't make their payments within I
believe it was a year, potentially can that
father go to jail?
SENATOR SALAND: The parent, be
it the father or mother, that would be
responsible for that support obligation, when
he or she is able to do so -- because the
section of the law says there has to be the
6135
ability to do so -- but when they are able to
do so, yes, if they refuse or fail to, they
run the risk of a criminal penalty.
Keeping in mind that what this is
about really is trying to make people respond
to their support obligations. And that in the
scheme of things, your obligation to your
child or children I would think would be a
priority and shouldn't have to compete with
things perhaps such as, you know, paying for
your credit card bills for dinners or perhaps,
you know, a car payment.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: The point I'm
trying to get at is, is there a difference if
the family that's not being supported is on -
SENATOR SALAND: Mr. President, I
6136
can't hear Senator Duane.
ACTING PRESIDENT MEIER: Members,
I'm going to ask you, please, so that we can
get through the remaining bills, to extend
some courtesy to the members trying to debate
a bill.
Senator Saland, you have the floor.
SENATOR DUANE: And through you,
Mr. President, the point that I'm trying to
find out is, is there a difference in the way
the court can treat the deadbeat depending on
whether or not the family that's not getting
the assistance is on public assistance or not?
And I ask that question because it
sounded like, and when I looked at this, that
if the family is not on public assistance, the
person not paying the support cannot go to
jail. But if the family is on public
assistance, the person not paying support can
go to jail.
SENATOR SALAND: No, Senator
Duane, the language in the bill again refers
to the fact that the person who has not made
their payments has to have the ability to make
those payments. So certainly that's a
6137
relevant consideration.
And also, as a matter of course,
the obligor, the person responsible to make
those payments, has the ability to seek a
downward modification. And if there's been a
change in circumstances, that person has the
ability -- whether they will be successful,
certainly that's up to the court.
So (a) you have to have the ability
to pay; (b) you have to have refused to pay
before you can find yourself with a criminal
penalty imposed upon you.
And again, ability to pay is part
of the language in the statute.
SENATOR DUANE: Yes. But through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But is there a
difference if the family is on public
6138
assistance or not on public assistance?
SENATOR SALAND: Every case would
turn on its facts. If the family went on
public assistance because in fact the obligor
was not meeting his or her obligation, yes, it
might well be.
If, at the time that the support
obligation arose, the family was already on
public assistance, then in that case it might
not be. In the prior case, it might well be.
Because if the family finds itself
in a situation where out of desperation they
have resorted to public assistance when
previously they might have had a more
substantial lifestyle, then the obligor
assumedly, at least at that time, had the
ability to pay and for whatever reason has not
or has refused to pay.
And you would think that as a
matter of public policy and absent a very good
reason for that person not having paid, the
state has an interest in securing those
payments and, if necessary, resorting to a
criminal penalty.
SENATOR DUANE: Mr. President, on
6139
the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: It sounds like
this bill says that if because an adult is not
paying support and forces their family to go
on public assistance, then the person that's
not paying support could go to jail.
However, if the person is not
paying public support, is not paying their
support and the family does not go on public
assistance, then the parent will not go to
jail.
So it seems to me that those who
have other means and would not be forced to go
on public assistance, that the deadbeat in
that case would not go to jail. And so
whether someone goes to jail or not should not
depend on what the financial circumstances are
of the family. A deadbeat is a deadbeat, and
so they should be treated equally.
So I object to someone who may be
poor who can't pay potentially going to jail,
as opposed to someone who's wealthy and
refuses to pay will not go to jail. Unless I
6140
totally misunderstood what the explanations
were. So if it's the way I've said it is, I'm
voting no. But I hope that maybe I can get a
better clarification about that.
Thank you.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, through you, if the sponsor
would yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Senator Saland.
I think that Senator Duane, as do
I, wants to vote for the bill. So if you
don't mind, I'm going to try to just play out
I think the example he was trying to give -
but the hour is late, and we've all been
dealing with a lot of bills. If you don't
mind.
6141
If Senator Duane was my ex-husband
and Senator Hassell-Thompson -- everyone in
the audience please be quiet -- and Senator
Hassell-Thompson was our child -- this can
work, okay? Humor me. Thank you. All right,
so Senator Duane is my ex-husband, Senator
Hassell-Thompson is my child. He owes child
support to me.
I think the question was would the
courts treat him differently in penalties if
Ruth and I were on public assistance versus if
we weren't on public assistance.
SENATOR SALAND: No, the
obligation has nothing to do with your status
whatsoever. It really depends on the
circumstances surrounding the obligor, in this
case Senator Duane.
If he had attempted to make payment
and didn't have the ability to make those
payments any longer, perhaps had sought a
downward modification to reduce his support
obligation, the likelihood, I would think, on
those facts would be that there would be
little or no likelihood that he would run the
risk of a criminal penalty.
6142
If, however, he chose to willfully
ignore his support obligation, did not seek a
downward modification -- again, it's his
status, his acts, not anything to do with his
family -- he would then find himself at risk
as his arrears accumulated and/or the period
of time over which he had not made a payment
continued to run. And depending on the length
of that time, the amount of that arrears, that
would determine what the criminal penalty
would be.
And the criminal penalty, as I
mentioned earlier -- I said anecdotally, and
Senator Dollinger said episodically -- has
shown itself to be effective. That somehow or
other, when faced with the prospect of serving
some time, people seem to suddenly find that
they have the ability at least to make some
substantial payment, if not an entire payment,
against their outstanding obligation.
And again, it's all about the
obligor, not about his or her spouse or about
the children. It's the willful failure or
refusal to have met the support obligation
that gets that person into that situation.
6143
SENATOR LIZ KRUEGER: Thank you,
Senator.
Mr. President, on the bill briefly.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you
for the clarification.
I am comfortable voting for this
bill, and I hope that my colleagues will also.
Thank you. Thank you for the clarification.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 55. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Montgomery, to explain her vote.
SENATOR MONTGOMERY: Yes, Mr.
President. I just would like to say although
I have, as always, concerns about the risk of
having people spend time in prison because
they didn't pay their child support,
unfortunately, I certainly am going to support
6144
this bill because it has really good things in
it.
I think Senator Saland has really
looked at a very important issue. And that is
that in many instances I have found that we
are creating a situation where men become
impoverished because the law does not take
into consideration the impact of the child
support orders on them vis-a-vis their own low
income. So this seems to do that, and also
addresses a number of other important issues.
So I thank you, Senator Saland, Mr.
President, for this. And I'm going vote yes.
ACTING PRESIDENT MEIER: Senator
Montgomery will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Mr. President,
would you inform the members that there will
be an immediate meeting of the Rules Committee
in the Majority Conference Room.
6145
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will read Calendar
1165.
THE SECRETARY: Calendar Number
1165, by Senator Mendez, Senate Print 2504A,
an act to amend the Election Law, in relation
to requiring.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Mendez, Senator Hevesi has requested an
explanation of Calendar 1165.
SENATOR MENDEZ: Thank you, Mr.
President. One of the -
ACTING PRESIDENT MEIER: Excuse
me, Senator Mendez. There should be two
people talking. That's the people debating
the bill.
Senator Mendez, you have the floor.
SENATOR MENDEZ: Thank you.
You know, Mr. President, one of the
most positive public policies here in the
state of New York regarding the Election Law
6146
is that no identification is required when you
go to register and no identification is
required when you go to the polls.
Many, many years ago, it was a very
different situation, because in different
states the people who held the power, whether
they were Democrats or Republicans, would pass
legislation that would in fact prevent people
from registering and voting by demanding,
whether it is a poll tax or whether it is some
form of identification or birth certificate or
what have you.
And I strongly believe that the
public policy should be, for all of us
Americans, to ensure that every single
American citizen that is entitled to register
and to go to the polls does in fact do that.
This is a very simple bill. This
bill, what it does is that it would make it
possible for a person, when he goes or she
goes to register, to ask the Board of
Elections to provide them with a voting card,
but with a photo of him or herself on that
voting card. I think that that would make it
more possible for people who do not own cars
6147
to register and vote.
For example, we know that in the
City of New York less than 50 percent of the
city residents of voting age have licenses,
less than 50 percent. Of those 50 percent,
77 percent of them are white individuals who
own cars, 60 percent are Asians that own cars,
44 percent are African-Americans, 41 percent
Latinos. And I'll tell you, Mr. President,
the disabled, the disabled, very few of them
do have driver's licenses.
So by doing this, this bill will
not penalize, from a fiscal point of view,
local government. And it would be at the
request of the voter.
So that's the essence of the bill.
And it will spur the working people to get
registered, to go and vote, because that
identification card could serve as an
identification, something to identify
themselves like, for example, all of us who
have a driver's license, we have no problems
in identifying ourselves. Why? Because the
driver's license, with our photo there, is
considered good enough. This simply would be
6148
happening with the voting card.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor please yield?
ACTING PRESIDENT MEIER: Senator
Mendez, do you yield for a question?
SENATOR MENDEZ: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I was curious by the explanation
that the purpose of this bill is to provide
identification for an individual who might not
be able to -- or who might not have a driver's
license. The sponsor's memo says the
following: "After the controversial
presidential election of 2000, we're all too
aware of the potential for voter fraud." It
goes on to talk about voter fraud.
So I just want to clarify, does the
sponsor believe that this legislation will do
anything to crack down or inhibit, in any way,
voter fraud?
6149
SENATOR MENDEZ: Well, I think
actually -- I'll tell you a little story. My
own parish, the priest over there was away on
his vacation. Election time came, and he
discovered that somebody else voted for him.
And he came and he told me: "How could this
happen?" And I said, "Well, there are some
people that do not respect the law."
So what this is -- I think that
this will encourage more political
participation. And if we take into
consideration the fact that since 1960, my
God, we are a representative democracy. Since
1960, the people that vote in this wonderful
country of ours has been going down, the
number of voters down, down, down.
If we do not do something to
increase political involvement at least mainly
at the voting level, you know what's going to
happen? The decisions of our country are
going to be made by very few people.
And you know that in the City of
New York, traditionally, traditionally, I've
been told, at least many, many years ago, that
all kinds of things occurred. I'm not saying
6150
that they do now. I do remember, however,
before the Voting Rights Bill of 1964,
Puerto Ricans practically were not allowed to
register and vote unless they would go and
take a literacy test with a reading level in
English that many couldn't pass.
So I think that this is a good
bill. I hope that after all these questions
you end up supporting it.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Mendez, do you yield?
SENATOR MENDEZ: Yes, yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I'm confused by this. I'm very
confused by this. This bill does not require
the Board of Elections or anybody, for that
matter, to check anybody's photo ID card. And
you stated in your opening statements that you
thought one of the best -- Mr. President,
could we have some order in the chamber,
6151
please.
ACTING PRESIDENT MEIER:
Senators, could I ask you please to extend
some courtesy to the members debating the
bill. Could we have some order in the
chamber.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
And you stated earlier, through
you, Mr. President, that one of the best
policies in New York State is that there is no
requirement to present any form of ID at the
polling place.
So how could this bill in any way
affect political participation?
SENATOR MENDEZ: It will affect
the political participation -- first, let me
tell you that the bill, the bill -- first of
all, the present legislation is that people,
to register, they don't have to identify
themselves, you know. And to go into a
polling place and vote, you just have to say
your name and your address, they look, and
they get the buff card.
6152
Okay? That has not changed. The
only difference -- but when they register,
they get a voting card. All that this bill
does is to permit the voter to request to have
his or her photo placed over there. And the
voter will pay for that photo.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MEIER: Senator
Mendez, do you continue to yield?
SENATOR MENDEZ: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: I understand
what this bill does. But in my reading of
this, this bill in no way affects the
political process.
If you have a photo that you allow
somebody, if they request it, to be part of an
identification but nobody presents that
identification when it's time to vote -- and
you yourself said in your explanation you
don't want any requirement for ID to be
presented -- how could this bill do anything
other than, at a cost to the City of New York,
6153
provide somebody with an ID for some purpose
unrelated to politics or elections or
anything?
SENATOR MENDEZ: Let me tell you
something, my dear Senator -- what's the name?
Hevesi. Hevesi. Let me tell you something.
The voter will pay for his or her photo.
You know what happened in last
year's elections in the City of New York that
I couldn't believe that it was happening in my
district? The same inspectors had been
working there for over 15 years. All these
Puerto Ricans -- they knew their voters, year
after year. All these Puerto Ricans go there
to vote, and suddenly the buff cards wasn't
there. And they -- and they -- and the
inspectors, knowing these people, they didn't
allow them to vote. It was incredible.
But anyhow, anyhow, Senator Hevesi,
I am not saying that this bill will be the
cure-it-all for all those kinds of
mishappenings that occur at times in election
time. I'm not saying this will cure it all.
What I'm saying is that it is an option that
the voter could have. In the same manner that
6154
you and I use a driver's card for
identification in other situations, they can
use that also for identifying themselves, and
that that will be appreciated so much by them
that they would then tend to participate more.
That is what I feel.
SENATOR HEVESI: Mr. President,
I'll speak on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR MENDEZ: Thank you.
SENATOR HEVESI: Mr. President,
I'm the ranking Democrat on the Senate
Elections Committee. And, you know, I have
great respect for Senator Mendez. But this is
one of the more strange bills that I have
seen.
This bill would -- and there are a
slew of problems with it, and so I'll just
articulate them instead of going through the
painstaking process of eliciting the responses
to the questions that I already know the
answers to.
This bill is very simple. It says
that an individual in New York City, if they
6155
want, can at their own expense provide
photographs to the Board of Elections, which
then can put that photograph on a piece of
identification.
There is no requirement in the bill
that everybody have it or that anybody check
it when you go in to vote. In other words, it
does nothing. There is no reason for this
legislation. There is no purpose for it. In
fact, Mr. President, if somebody attempted to
check one of the photo ID cards pursuant to
this bill -
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: Will he yield
for a question?
ACTING PRESIDENT MEIER: Senator
Hevesi, do you yield for a question?
SENATOR HEVESI: I'd be happy to
yield for a question.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MENDEZ: Thank you, Mr.
President.
Do you remember the motor-voter
6156
bill?
SENATOR HEVESI: Yes.
SENATOR MENDEZ: What did it do?
SENATOR HEVESI: The motor-voter
bill was -- I'm glad you asked me that
question, because let me go in a circuitous
way and tell you why I was going to bring the
motor-voter bill up myself.
The motor-voter bill, early in the
Clinton administration, changed the policy in
the New York City Board of Elections. Prior
to which -- and I'm not sure, Mr. President,
whether Senator Mendez is aware of this -- the
New York City Board of Elections did not give
out voter identification cards, which they
currently do. For 15 years, up until the time
of the motor-voter law, the Board of Elections
in New York City did not give out photo
identification cards.
Mr. President, the reason why the
Board of Elections did not give out those
cards, which they currently do, is because the
United States State Department asked the
New York City Board of Elections not to,
because these identification cards were the
6157
number-one fraudulent means that individuals
were using to apply for passports.
And so this is another reason why
this bill is really a bad idea, particularly
in the current climate where we have people
who may be involved in terrorism or what have
you. We have a huge problem with individuals
being tracked in this country from coming from
other countries. And to provide a form of
ID -- and that's all this bill would do,
because it doesn't have anything to do with
elections -- to provide a form of ID for these
individuals, which we already know has been
used fraudulently, and that's why its use was
discontinued until the motor-voter law
required it, that would be a huge mistake.
So yes, I'm familiar with it,
Senator Mendez.
SENATOR MENDEZ: Well, I'm glad.
Mr. President, I just want to
mention I had my registration since the '60s.
I had my voting card. And everybody that goes
and registers today to the Board of Elections,
they get a voting registration identification
card. Everybody does.
6158
SENATOR HEVESI: Currently.
SENATOR MENDEZ: Yes. And for
way back. Okay, thank you -
SENATOR HEVESI: I'm sorry, Mr.
President, not for a 15-year period.
SENATOR MENDEZ: Thank you.
SENATOR HEVESI: Thank you.
Thank you, Mr. President. Let me
continue on the bill.
So not only does this bill not do
anything, you have additional problems with
it, including the one I just outlined for you.
Why in the world would we want to go and start
issuing identification, photo ID to people
when the Board of Elections for 15 years, at
the request of the U.S. State Department,
didn't do it because that is what people used
to commit fraud when applying for passports?
It's just -- it's ludicrous to suggest that we
would want to go and do this now.
So the bill does nothing. It in no
way influences the political process. It
opens up the door for potential fraud. And
finally, Mr. President, the deputy director of
the New York City Board of Elections is
6159
vehemently opposed to this bill, the general
counsel of the New York City Board of
Elections is vehemently opposed to this bill.
And let's talk about the cost for a
second. Mr. President, there are 3.7 million
registered voters in the City of New York. I
have cost estimates from the Board of
Elections. Despite the fact that the
photograph would be provided by the
individual, the Board of Elections has
informed me that the cost would be, at a
minimum, $3 per voter if we enacted this. So
let's take a look at the numbers, then.
Assuming -- and we'd have to assume
this -- that every single New York City voter
who is registered to vote right now wanted a
card, at a cost of $3 each, the total cost
would be $11,100,000.
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: Will he yield
for a point of clarification?
ACTING PRESIDENT MEIER: Senator
Hevesi, do you yield for a question from
Senator Mendez?
6160
SENATOR HEVESI: I'll be happy to
yield, Mr. President.
ACTING PRESIDENT MEIER: He
yields.
SENATOR MENDEZ: All that we are
saying is that the City of New York will have
an option. Get that? Get it? An option.
SENATOR HEVESI: I don't think
there was a question there, Mr. President.
Why don't I continue on the bill.
If we pass this bill there would be
no more option, Mr. President. If a voter
went and requested that the Board of Elections
provide them with the photo ID and the voter
presented the photograph, the Board of
Elections would have to provide the
identification, at a cost of $3 per head.
Which, as I said before, if we did this for
every registered voter in New York City, would
cost $11.1 million.
Mr. President, if only 1 percent of
the registered voters in New York City chose
this option, a minuscule 1 percent, that's
37,000 voters. At a cost of $3 per voter is
$111,000. This is an unfunded mandate, for
6161
all you fiscal conservatives out there. There
is no cost being shifted from the state to the
city, there's no financing going into the city
for this.
This is a bad idea, from to top to
bottom. Unfunded mandate, impractical,
costly. The Board of Elections is against it.
Opens up the door for voter fraud, for
passport fraud.
And I'll tell you something else.
If somebody needs an identification, Mr.
President, which is what the sponsor I guess
admitted this bill only does, they can go to
the Department of Motor Vehicles and get a
non-driver's identification. They can go
ahead and do that.
So if we need to provide people
with identification, that's the way to do it.
You don't do this bill, which is costly, which
the board does not want, which opens up the
door to voter fraud, which doesn't do
anything -- you don't go ahead and do this.
And I don't know why this bill even
came out of committee. I was opposed to it.
It's a bad bill, Mr. President. I'm voting
6162
against it, and I hope all my colleagues vote
against it too.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. 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. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Can we return to
the order of reports of standing committees.
I understand there's a report of the Rules
Committee at the desk. I ask the Secretary
will read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
6163
from the Committee on Rules, reports the
following bills:
Senate Print 1755A, by Senator
Leibell, an act to amend the Retirement and
Social Security Law;
2367, by Senator Leibell, an act to
amend the Civil Service Law;
2780, by Senator Lack, an act to
amend the Mental Hygiene Law;
4117A, by Senator Leibell, an act
to amend the Retirement and Social Security
Law;
4522B, by Senator Nozzolio, an act
to amend the General Business Law;
4654B, by Senator Skelos, an act to
establish;
4888A, by Senator Kuhl, an act to
authorize.
5287, by Senator Leibell, an act to
amend the Administrative Code of the City of
New York;
5567A, by Senator Nozzolio, an act
to amend the Family Court Act;
5600A, by Senator Leibell, an act
to amend the Retirement and Social Security
6164
Law;
5477C, by Senator Spano, an act to
amend the Judiciary Law;
5835A, by Senator Fuschillo, an act
to amend the Transportation Law;
6202, by Senator Johnson, an act to
amend the Tax Law;
6229A, by Senator Wright, an act to
amend the Tax Law;
6344A, by Senator Skelos, an act to
amend the Tax Law;
6408B, by Senator Farley, an act to
amend the Tax Law;
6425A, by Senator Wright, an act to
amend the Public Authorities Law;
6434, by Senator Hoffmann, an act
to amend the Tax Law;
6655, by Senator Leibell, an act to
amend Chapter 154 of the Laws of 1921;
6656, by Senator Leibell, an act to
amend the Education Law;
6840, by Senator Skelos, an act to
amend the Retirement and Social Security Law;
7563, by Senator Leibell, an act to
amend the Civil Service Law;
6165
7707, by Senator A. Smith, an act
to authorize;
7712, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
7752, by Senator Stafford, an act
to amend the Public Authorities Law;
7782, by the Senate Committee on
Rules, an act to amend the County Law;
7783, by the Senate Committee on
Rules, an act to amend the Local Finance Law;
7795, by Senator Alesi, an act
relating;
And Senate Print 6651, by Senator
Breslin, an act to amend the Uniform City
Court Act.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: 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.
6166
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Kuhl.
SENATOR KUHL: Yes, would you
call up, on the regular calendar -- Calendar
Number 55, now -- Calendar Number 553, by
Senator LaValle.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 553.
THE SECRETARY: Calendar Number
553, by Member of the Assembly Abbate,
Assembly Print Number 6942D, Senate Reprint
21000.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
LaValle, Senator Paterson has requested an
explanation of Calendar 553.
6167
SENATOR LAVALLE: Mr. President,
this bill amends the General Business Law,
adding a section that prohibits encroachment
of retail service stations.
Under this bill, no producer or
refiner, under a franchise agreement with the
service station dealer or distributor, shall
directly compete so as to encroach against its
own distributor or dealer.
Both myself and under the
leadership, chairmanship of Senator Fuschillo,
we held hearings on this legislation. At the
hearing we found that franchisees had a very
difficult time in competing. So this
legislation is all about competition, allowing
franchisees to compete and not have
company-owned stores put in next to a
franchisee's station and in many cases driving
them out of business by playing games with
prices.
Based on population, the franchisor
cannot locate a company station within a mile
and a half, based on a population of 900,000
or greater -- and those basically are the
downstate counties, from Rockland down, and
6168
also Erie County. And the rest of the state
would be -- would have a 2-mile limit.
That's what this bill does, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator LaValle would yield for a question.
ACTING PRESIDENT MEIER: Senator
LaValle, do you yield for a question?
SENATOR LAVALLE: Yes.
SENATOR PATERSON: Senator
LaValle, are you sure that this legislation
would comply with the federal and state
antitrust laws? Because it's clearly
restrictive.
And even though you were pretty
meticulous about the actual limitations that
are involved, I just wonder if it would stand
that kind of a test. Because I know what
you're trying to accomplish, but I -
SENATOR LAVALLE: I can answer
that question. Under Supreme Court decision
Exxon Corp. versus Governor of Maryland -
that is one of the cases. Maryland has a law
6169
very similar to this. So we have Supreme
Court case law on this legislation.
This was brought up at the hearing,
it was discussed at the hearing. And the
state does have the ability to enact this
legislation. And other states have done so as
well.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: I guess he
told me, Mr. President. Clearly, I missed the
hearing.
But that's very good. I'm happy to
see that it complies. I think now I'll go
beyond that, Senator, and just ask you about,
you know, in a sense just the spirit of
competition, the spirit of free enterprise.
The loser, in my opinion, being the consumer.
Because if these franchisors and franchisees
are somewhat at war, you would think that the
inevitable winner would be the person that
purchases gas, in this case.
So, you know, just from that
standpoint, can you tell me what benefit it
has, so that someone like me that believes in
6170
the free enterprise system would not feel that
it's creating a control rather than an open
market?
SENATOR LAVALLE: Senator, I hope
that the next time, next year at this time you
can come over and tell me that this
legislation has reduced gas prices because
there is greater competition.
You have to look at the franchise
agreements and the control that the franchisor
has and what they can do to the franchisee.
Really, literally shackle them, shackle them.
And so at the hearing that Senator
Fuschillo chaired, I think the testimony was
quite replete that this would have only one
benefit to the consumer, and that would be,
through greater competition, reducing gas
prices.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: I'm not
6171
convinced now, but it wouldn't be the first
time that I've had to go back and tell Senator
LaValle that he was right about something that
we had disagreed on in the past. And I think
he's right to a great deal about the power,
sometimes, that franchisors have had over
their franchisees.
But in this particular case, I just
think that we've gone a little bit over the
line. And although the Supreme Court did
uphold it, and I'm bound to respect that, the
fact is that I think just in the marketplace
this sort of flies in the face of a lot of
other things that I've seen pass through this
house and at least opinions that many people
in this house feel about free enterprise and
particularly about market-driven results.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on the bill.
I just want to rise and say to Ken
LaValle, congratulations. It's about time.
You used the word that the corporate giants
are shackling the independent retailers in
6172
this state. They're choking them to death.
They move across the street,
Senator Paterson, I know you may not believe
or only time will tell whether the competition
will be there, what will happen to gas prices.
But they're moving across the street from the
independent dealers in this state, they're
charging them more per gallon than a New York
State resident who owns the independent
station, and they're putting them out.
Senator LaValle, you leveled the
playing field with this legislation. I
compliment you on it. I'll be voting in the
affirmative.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes,
Senator, Mr. President. I just also want to
say that I'm in support of this legislation
Senator LaValle.
I've had a recent experience in my
own district. I see how the franchisor has a
lot of power, as you've said. And in fact,
the best deal in terms of gasoline in my
district comes from the small independents.
6173
And as the pressure with the franchises gets
more intense in the city, I'm seeing those
small independents fold on a daily basis, a
monthly basis. And I have concerns about
that, because I think we do need a level
playing field so that everyone has an
opportunity to compete equally.
So I think this bill hopefully will
help to make that happen, and therefore I'm
supporting this legislation.
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 553 are
Senators Connor and Paterson. Ayes -
ACTING PRESIDENT MEIER: Hold on
a second.
Senator Paterson, why do you rise?
SENATOR PATERSON: Well, Mr.
President, now that I've heard the results, I
6174
would rather not rise.
(Laughter.)
ACTING PRESIDENT MEIER: The
Secretary will announce the results.
THE SECRETARY: Ayes, 59. Nays,
2.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, could we call
up Calendar Number 658 now, Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 658.
THE SECRETARY: Calendar Number
658, substituted earlier today by Member of
the Assembly Davis, Assembly Print Number
7199A, an act to amend the Public Health 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: Hold on
6175
a second. Did someone ask for an explanation?
SENATOR HASSELL-THOMPSON: Yes.
ACTING PRESIDENT MEIER: Whoa.
Speak up.
SENATOR HASSELL-THOMPSON: Mr.
President, I would like an explanation.
ACTING PRESIDENT MEIER: Yes.
All right. That's better.
Senator Velella, Senator
Hassell-Thompson has requested an explanation.
SENATOR VELELLA: Mr. President,
this is a bill which would enable the Health
Department to conduct a study on obesity, its
effects, its causes and its conditions.
Obesity ranks second only to
smoking as a preventable cause of death in the
state. And I think that it's time that we
studied this problem and had the Health
Department make recommendations.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. Just on the bill.
Thank you, Senator Velella, for
your explanation. But, more than that, for
6176
the bill in and of itself.
One of the things that I think that
becomes of great concern in many of our
communities, particularly among
African-Americans, is obesity that is
associated with diet and dietary behavior. So
that I think that this will go a long way
toward helping us to not only deal with the
issue but also understand and educate the
public better in terms of how do we control
obesity and change the quality of life of
people in our constituencies.
Thank you.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
6177
President. In an attempt to try to finish in
a timely manner tonight, I appreciate the
chair's attempts to keep some order in the
house and would remind the members if you have
a request for an explanation or whatever,
please speak up. Because not only cannot the
Secretary or the presiding officer hear that,
but the cameras which are viewing the process
here this evening also cannot hear it.
So with that, Mr. President, we
have on the members' desks Supplemental
Calendar 55D, and we'd like to do a
noncontroversial reading of Supplemental
Calendar 55D at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar with regard to Supplemental
Calendar 55D.
THE SECRETARY: In relation to
Calendar Number 1629, Senator Lack moves to
discharge, from the Committee on Mental Health
and Developmental Disabilities, Assembly Bill
Number 1154 and substitute it for the
identical Senate Bill Number 2780, Third
Reading Calendar 1629.
6178
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1629, by Member of the Assembly Dinowitz,
Assembly Print Number 1154, an act to amend
the Mental Hygiene 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
Hevesi, to explain his vote.
SENATOR HEVESI: Thank you, Mr.
President.
Particularly in the last few days,
certainly in the last few years I've been very
critical of some of the things that we've done
and some of the things that we haven't done.
This bill before us is one of the best things
that I have seen us do. And I want to take
this opportunity to publicly thank Senator
6179
Lack, who sponsors this legislation, and
Senator Libous, who sponsors the legislation.
This is a bill that would add
familial dysautonomia, a really tragic
disease, to the list of individuals classified
as having a developmental disability, which
then enables them to receive services. This
is an exceptionally rare disease that only
afflicts Ashkenazi Jews. There are only about
600 in the entire United States, 40 to 50 of
them in New York State, and two in my
district.
It is a developmental disability
where there is incomplete development of the
nerve cells, and it kills half of all the kids
before they hit age 5 and it kills almost all
of the children before they hit 25.
I'm going to -- if I could be so
presumptuous as to call this Gabby's Law.
This is the 5-year-old girl -- 6-year-old
girl, rather, who came in to see me and lobby
for this bill.
This is a great bill. Senator
Lack, you are to be commended for bringing
this. I am greatly appreciative, as I am of
6180
Senator Libous and everybody who worked to
bring this to fruition. For all of the kids
who are dealing with this terrible illness,
this is a measure of comfort.
Thank you, Senator Lack.
ACTING PRESIDENT MEIER: Senator
Hevesi will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1631, by Senator Leibell, Senate Print 4117A,
an act to amend the Retirement and Social
Security Law, in relation to retirement for
members.
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, 61.
ACTING PRESIDENT MEIER: The bill
6181
is passed.
THE SECRETARY: Calendar Number
1633, by Senator Skelos, Senate Print 4654B,
an act to establish the Baldwin-West End Canal
repair and maintenance district.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1634, by Senator Kuhl, Senate Print 4888A, an
act to authorize the New York State and Local
Employees Retirement System.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
6182
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1635, by Senator Leibell, Senate Print 5287,
an act to amend the Administrative Code of the
City of New York.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1636, by Senator Spano, Senate Print 5477C, an
act to amend the Judiciary Law, in relation to
increasing.
ACTING PRESIDENT MEIER: Read the
last section.
6183
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1637, by Senator Nozzolio, Senate Print 5567A,
an act to amend the Family Court Act, the
Executive Law and the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1638, by Senator Leibell, Senate Print 5600A,
an act to amend the Retirement and Social
6184
Security Law, in relation to retirement
benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1639, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9445A and substitute it
for the identical Senate Bill Number 5835A,
Third Reading Calendar 1639.
ACTING PRESIDENT MEIER:
Substitution ordered.
Read the last section.
THE SECRETARY: Calendar Number
1639, by the Assembly Committee on Rules,
Assembly Print Number 9445A, an act to amend
the Transportation Law.
6185
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1640, by Senator Johnson, Senate Print 6202,
an act to amend the Tax Law, in relation to
establishing tax credit.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
6186
1641, by Senator Wright, Senate Print 6229A,
an act to amend the Tax Law, in relation to
investment tax credits.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1642, by Senator Skelos, Senate Print 6344A,
an act to amend the Tax Law, in relation to
exempting certain tangible personal property.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of a
sales-tax period.
ACTING PRESIDENT MEIER: Call the
roll.
6187
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1643, by Senator Farley, Senate Print 6408B,
an act to amend the Tax Law, in relation to
exempting.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect June 1, 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1644, by Senator Wright, Senate Print 6425A,
an act to amend the Public Authorities Law,
the Economic Development Law and the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
6188
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1645, by Senator Hoffmann, Senate Print 6434,
an act to amend the Tax Law, in relation to
certain tax credits.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1646, by Senator Leibell, Senate Print 6655,
an act to amend Chapter 154 of the Laws of
6189
1921.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect upon enactment into law
by the State of New Jersey legislation.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1647, by Senator Leibell, Senate Print 6656,
an act to amend the Education Law, in relation
to authorizing the retirement board.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
6190
is passed.
THE SECRETARY: Calendar Number
1649, by Senator Leibell, Senate Print 7563,
an act to amend the Civil Service Law, in
relation to resolution.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1650, Senator A. Smith moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11545 and substitute it
for the identical Senate Print Number 7707,
Third Reading Calendar 1650.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
6191
1650, by the Assembly Committee on Rules,
Assembly Print Number 11545, an act to
authorize the Southern Baptist Church.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1651, by Senator Larkin, Senate Print 7712, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law and Chapter 281 of the Laws
of 1994.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
6192
THE SECRETARY: Ayes, 60. Nays,
1. Senator Spano recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1653, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11746 and substitute it
for the identical Senate Bill Number 7782,
Third Reading Calendar 1653.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Calendar Number
1653, by the Assembly Committee on Rules,
Assembly Print Number 11746, an act to amend
the County Law.
Section 2. This act shall take
effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Morahan recorded in the negative.
ACTING PRESIDENT MEIER: The bill
6193
is passed.
THE SECRETARY: Calendar Number
1654, by the Senate Committee on Rules, Senate
Print Number 7783, an act to amend the Local
Finance Law, in relation to certain periods of
probable usefulness.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk, Mr. President?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
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.
SENATOR ADA SMITH: Lay the bill
6194
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1656, Senator Breslin moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 10534 and substitute it
for the identical Senate Bill Number 6651,
Third Reading Calendar 1656.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1656, by Member of the Assembly Canestrari,
Assembly Print Number 10534, an act to amend
the Uniform City Court Act.
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, 61.
ACTING PRESIDENT MEIER: The bill
6195
is passed.
Senator Kuhl, that completes the
noncontroversial reading of Supplemental 55D.
SENATOR KUHL: Thank you, Mr.
President. May we return to the order of
reports of standing committees. I believe
that there's a report of the Finance Committee
at the desk. Could we have that taken up at
this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nomination.
As a member of the board of
directors of the New York Convention Center
Operating Corporation, Gary J. Lavine, of New
York.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Gary Lavine
as a member of the board of directors of the
New York Convention Center Operating
6196
Corporation. 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.
Senator Kuhl.
SENATOR KUHL: Can we now return
to the order of motions and resolutions. I
believe there's a couple of motions at the
desk. If we could take those up at this time.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Saland, on page number 16 I
now offer the following amendments to Calendar
Number 459, Senate Print Number 6625A, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
6197
Reading Calendar.
SENATOR McGEE: Mr. President, I
offer the following amendments to Calendar
Number 1570, Senate Print Number 7697, and on
behalf of Senator Spano ask that said bill
retain its place on 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 Kuhl.
SENATOR KUHL: Yes, Mr.
President. Are there some substitutions at
the desk?
ACTING PRESIDENT MEIER: Yes,
there are.
SENATOR KUHL: Could we make the
substitutions at this time, please.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 23,
Senator Fuschillo moves to discharge, from the
Committee on Rules, Assembly Bill Number 228D
and substitute it for the identical Senate
Bill Number 4989B, Third Reading Calendar 661.
6198
On page 27, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10147 and
substitute it for the identical Senate Bill
Number 7091A, Third Reading Calendar 767.
And on page 35, Senator Farley
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9297A and
substitute it for the identical Senate Bill
Number 7175, Third Reading Calendar 936.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. I believe that there's a
privileged resolution at the desk. Could we
have the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Skelos, Legislative Resolution Number 6277,
commending the Bethpage State Park employees
and the volunteers for their hard work and
dedication at the 2002 U.S. Open.
6199
ACTING PRESIDENT MEIER: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could you recognize Senator
Maltese, please.
ACTING PRESIDENT MEIER: Senator
Maltese.
SENATOR MALTESE: Mr. President,
may I ask unanimous consent to be recorded in
the negative on Calendar Number 1580.
ACTING PRESIDENT MEIER: Without
objection, Senator Maltese will be recorded in
the negative on Calendar 1580.
Senator Larkin.
SENATOR LARKIN: I request
unanimous consent to be recorded in the
negative on Calendar Number 1627, Senate Bill
6200
7784.
ACTING PRESIDENT MEIER: Without
objection, Senator Larkin will be recorded in
the negative on Calendar 1627.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, could I have unanimous consent to
be recorded in the negative on Calendar Number
1650.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 1650.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: I request
unanimous consent to be recorded in the
negative on Calendar 1627.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be record the
in the negative on Calendar 1627.
Senator Saland.
SENATOR SALAND: I would request
unanimous consent to be recorded in the
6201
negative on Calendar 1580.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative on Calendar 1580.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Just for the benefit of the
members, we've had several messages arrive and
there are a couple of bills. We're going to
be bouncing around a little bit, so we'll try
to keep it as clear as we can.
On the regular calendar, Calendar
Number 55, would the Secretary please call up
Calendar Number 1156, by Senator Leibell.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1156.
THE SECRETARY: Calendar Number
1156, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
9640, an act to amend the Retirement and
Social Security Law, in relation to benefits
payable.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
6202
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Now, Mr.
President, could we have Calendar Number
1384 -- which is on the regular calendar but
also on the Supplemental Active List Number
3 -- read.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1384.
THE SECRETARY: Calendar Number
1384, by Senator Velella, Senate Print 7226C,
an act to amend the Workers' Compensation Law,
in relation to the presumption.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
6203
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President. I'm going to vote in the
affirmative on this one.
The presumption has been fixed in
this bill to a very -- certainly to an
6204
acceptable level, in that a person during the
course of his or her employment who may be
exposed to a body fluid has to report it in
writing to the correction officer's employer
within 24 hours of such exposure.
And while that's not absolutely
perfect, it's certainly far, far better than
previous presumption bills we've seen on other
bills. And so I appreciate the sponsor for
remedying it in this particular bill, and
anyone else who was involved in doing that.
So I'll be voting yes, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: In ascending order
now, can we call up Calendar Number 1511.
This is on the original calendar, Calendar
Number 55. It's also on the original active
list.
6205
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1511.
THE SECRETARY: Calendar Number
1511, by Senator Fuschillo, Senate Print
7618A, an act to amend the Education Law, in
relation to university-related economic
development facilities.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
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.
6206
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Can we now call up Calendar Number
1594, which is on Calendar 55C.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1594.
THE SECRETARY: Calendar Number
1594, by the Senate Committee on Rules, Senate
Print Number 5673A, an act to amend the
Retirement and Social Security Law, in
relation to accident disability benefits.
SENATOR KUHL: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is a message at the desk.
SENATOR KUHL: Move we accept the
6207
message.
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 first day of
July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR KUHL: Now, Mr.
President, can we call up Calendar Number
1652, which is on our Calendar 55D.
ACTING PRESIDENT MEIER: The
6208
Secretary will read Calendar 1652.
THE SECRETARY: Calendar Number
1652, by Senator Stafford, Senate Print 7752,
an act to amend the Public Authorities Law, in
relation to the MSMC Realty Corporation.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity say 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 4. This
6209
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: On the same
calendar, 55D, could we now call up Calendar
Number 1655.
ACTING PRESIDENT MEIER: The
Secretary will read 1655.
THE SECRETARY: Calendar Number
1655, by Senator Alesi, Senate Print 7795, an
act relating to the financial stability of the
Rochester City School District.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
6210
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Alesi, to explain his vote.
SENATOR ALESI: Thank you, Mr.
President. And I would like to also thank the
Governor, under the short time that we have,
for sending his message of necessity
recognizing the exceptional needs of the
Rochester City School District, and working
with my colleagues both in this house and in
6211
the Assembly to implement that exceptional but
very much needed aid for the Rochester City
School District.
At this late hour, I'll keep my
comments short except to say, again, thanks to
all of those people who were involved. As you
know, it was only a few weeks ago that we were
standing here providing additional aid for the
Rochester City School District and wishing we
could do more. And again, through the efforts
of the Senate and Assembly, and especially
with the help of Governor here tonight, we've
been able to do that.
ACTING PRESIDENT MEIER: Senator
Alesi will be recorded in the affirmative.
Senator Dollinger.
SENATOR DOLLINGER: Just to
explain my vote briefly, Mr. President.
I commend my colleague Senator
Alesi and the remainder of the Monroe County
delegation for their work in bringing the
additional resources to the Rochester City
School District.
I think it's safe to say that, at
least from my perspective, there are things
6212
that need to be taken care of in the city
school district with respect to their
financial management, their ability to take
care of the taxpayer dollars there. But I
think what this bill signals is that we in
this house look through those financial
problems and look through the administrative
difficulties that they've had to realize that
without additional funds, the children in this
school district could be left without hope.
I commend Senator Alesi in
particular for his work in making this happen.
And I too congratulate the Governor, because I
believe without that kind of assistance and
working together with the Rochester delegation
here and in the Assembly, this wouldn't have
happened.
So I think this is the right thing
to do. I think there are some institutional
changes that need to occur in the school
district. I hope that they happen. This
money will, in the long run, be a great
investment.
Thank you.
ACTING PRESIDENT MEIER: Senator
6213
Dollinger will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. On that same calendar, Calendar
55D, could you now call up Calendar Number
1632.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1632.
THE SECRETARY: Calendar Number
1632, by Senator Nozzolio, Senate Print 4522B,
an act to amend the General Business Law and
the Executive Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President, is there a message of necessity at
the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR KUHL: Move we accept the
message.
6214
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
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 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Now, on the same calendar we have
one bill, I believe, to take up on
controversial reading. So could you go to
Calendar 1654 and call that bill up.
6215
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1654.
THE SECRETARY: Calendar Number
1654, by the Senate Committee on Rules, Senate
Print Number 7783, an act to amend the Local
Finance Law, in relation to certain periods of
probable usefulness.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
This is the long-awaited city tax
package which we have been anticipating with
bated breath. It comes to us courtesy of
home-rule messages from the City Council and
of course the Mayor of the City of New York.
In the interests of time, I'm going
to go down the salient components of the bill
and indicate to you what the revenues for each
of them will be.
Part A is a debt finance reform
initiative. It provides the city more
6216
flexibility in issuing debts at lower rates,
authorizes use of the city tobacco settlement
bonding authority and a variety of other
bonding actions. The revenue produced by that
is $115 million.
Part B deals with increasing fines
for stopping and standing parking violations,
such as handicapped parking spots, from $50 to
$100. And that produces, in the aggregate,
$62 million.
Part D talks about the emergency
9/11 land surcharge which is increased from
35 cents to a dollar. And that produces
$35 million.
Part E is a cigarette tax,
increasing it to $1.50, producing
$125 million.
Part F is the wireless emergency
9/11 surcharge, which is 30 cents. And that
produces $14 million.
Part G is the federal tax, the
coupling relevant to accelerated depreciation.
Meaning that by decoupling the city from that
federal authorization, it establishes a tax
liability that increases revenues in the
6217
amount of $125 million.
And finally, in Part K, there is a
provision that provides certain school aid
grants, within specific limitations, to be
used for teacher recruitment, retention, and
certification. And that amount is
$17 million.
So the total package is
$505 million, which is part of the city's
budget plan in terms of revenues and which, as
I understand it, has been agreed upon in the
City of New York.
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
I intend to vote for this because
it is a matter of home rule, the City Council
and the Mayor have requested it, and certainly
the city needs revenues. And we all know this
past year, this fiscal year, there's a great
shortfall. We experienced it in the state
revenues, and certainly the City of New York
has experienced it even more.
I do, though, question two things
6218
in here that truly amaze me. And I wish that
the Mayor or someone could answer this
question for me. The Mayor had originally
proposed $358 million in education cuts. We
gave him -- we, the Legislature and
Governor -- gave the city an additional $450
million -- plus a few, actually; I think it's
more like 458 -- in state aid to education in
addition.
And when we spoke on the budget on
this floor and when we discussed school
governance on this floor, many of the members
on both sides of the aisle said when we give
school aid money to New York City, we don't
want the mayor to spend it on anything else.
It's meant to go to the schools.
So now the city, in closing its
budget, has said we're going to take the
$456 million or $457 million that the state is
giving us in school aid and we're going to
apply it to the $358 million cuts we proposed,
and now we only have to cut education
$60 million.
Somewhere along the line, a couple
of hundred million dollars in our school aid
6219
money didn't get to the schools. It's not
going to the schools. It may be going to
other worthy things in New York City, because
they have a budget gap.
But the fact is, once again, my
colleagues from the city -- and I know Senator
Velella and Senator Padavan were agreeing with
me a couple of weeks ago about this -- we are
going to get to go back to the city and
confront parents who say: "How come there
were no increases in expenditures in the
public schools, and in fact how come there
were $60 million in cuts?" And we're going to
say, "Oh, but we gave 450-some million dollars
more in school aid."
That despite all the assurances,
maintenance of effort, which will be
calculated from this year and apply next year.
The fact is the budget we passed,
the school aid money in it for New York City
is not going to go to the schools. Not -
I'll do my quick math here. If they're
cutting $60 million, $150 million of it is
going to something else. That's wrong.
That's wrong. The Mayor is now in charge of
6220
the schools, and he should start answering for
where the school aid money goes.
If they need cities aid for some
other category, I think the honest way to do
business, the honest way to do government is
come to this Legislature and say: We need X
millions of dollars for sanitation trucks or
police protection or whatever they have a
shortfall in. They shouldn't keep coming to
this Legislature for more school aid that
doesn't get to the schools.
Because I know when I vote for
school aid, Mr. President, I mean for it to go
to schools, the schools in the city, the
schools in the suburbs, the schools upstate.
When I vote for that budget, I expect all that
school aid money to go to the schools in
New York State.
The other thing about this
package -- and again, I feel constrained to
vote for it -- is who are we kidding with the
cigarette tax? Who are we kidding, Mr.
President? I don't care what revenue is
projected. It won't be there.
First of all, we start with a
6221
certain premise. If we make cigarettes so
expensive, people will stop smoking. Would
that were true. I wish that were true. But
we're pursuing two conflicting policies.
We've done it with state taxes. First it was
50 cents a pack, and then another $1.50 a pack
or $1.48 or whatever it was. That, oh, we're
going to discourage smoking by taxing
cigarettes, and we're going to count on the
revenue. So if we're successful and everybody
stops smoking, we'll have no revenue for
healthcare.
Now the city climbs on board.
$1.50 a pack. Cigarettes will be about $7 a
pack in New York City. I do not believe,
unfortunately, anybody will stop smoking
because of that price. I think -- I hope that
a lot of people will stop smoking for a lot of
good reasons: because they want to, because
of antismoking campaigns and so on. But the
fact is, people who continue to smoke are
addicted, and they're going to pay the price.
Just like in Prohibition, Mr.
President, people who had to have alcoholic
beverages found it. They found it if they had
6222
to buy it from gangsters. They found it if
they had to support the mob. People who smoke
and haven't quit will absolutely, absolutely
get those cigarettes -- if they're buying it
black market, no matter where they're buying
it.
I have seen statistics that show
that 30 to 40 percent of the cigarettes sold
in Western New York come from Indian
reservations. No tax to the city or state, no
tax to localities of the state.
We now set up a thing in New York
City, which is on the border of other states.
We now have an incentive for any desperate
person or person who lives on the margin of
the law. All they need. Imagine the profit
on one rental van for a weekend trip to
Virginia loaded up with cigarettes. If you
don't get caught, it probably pays better than
if you were dealing dope, Mr. President, at
these kind of things.
You can get a carton of cigarettes
in Virginia, I think it's $21 or $22 a carton.
Now we're just making them $70 a carton in
New York City. Pay for the gas, pay for the
6223
rental, make several hundred thousand dollars
on one vanload of cigarettes.
What are we doing here? We're
encouraging crime. The only question is
whether the amateur crooks will get to do it
very long before the organized crime figures
it's so lucrative that they move in and take
over the whole thing and divide up the
territory. That's what's going to happen.
Small retailers will lose their
sales. The sales will be out of the back of
trucks, out of the back of vans. Or, or
people can avoid all legal jeopardy, just buy
them over the Internet. You can do it today.
You can buy cartons of cigarettes over the
Internet, they get delivered to your house the
next day.
And, Mr. President, that raises
other issues. How are we sure they get
delivered to someone who's over 21? How are
we sure they get delivered to an adult? How
are we sure, when the most facile way to get
cigarettes will be buying them out of some
back alley operation -- do we really think
they're going to card young people who want to
6224
buy cigarettes?
Licensed retail vendors by and
large adhere to the law and ensure they're
only selling them to adults. Licensed retail
vendors collect the taxes and pay them.
Mr. President, this is in here
because it got floated. You can put, you can
ascribe big numbers to it. You can ascribe
big numbers to this. Oh, it's going to bring
in a hundred-and-some million dollars. But
that's only if people buy the cigarettes at
that inflated price, legally, in the
marketplace.
That's not going to happen. It
hasn't been happening. The revenues
proportionately, the reported sales keep
dropping every time we do these taxes. Yet
there hasn't been a corresponding drop in the
number of people who smoke.
We're just inviting gangsters in.
We're absolutely relying on false revenue. I
truly hope we lose all the revenue. I hope we
lose all the revenue because people stop
smoking, not because they're buying it on the
black market. But I fear they will be buying
6225
it on the black market.
Why is this in here? Oh, because
you can take a poll and the public -- and it
happened. The public, without much thought
will say, yeah, tax it, it's simple. Tax
cigarettes. Just like the public once said
ban alcohol. Ban alcohol, it creates
problems. Oh, then they wondered where they
got Al Capone from.
Sure, the public at first blush
will say, yeah, tax cigarettes, make it $10 a
pack. Why not? The fact is, it's not good
public policy when we're in a national
marketplace.
And, Mr. President, it's not even
about -- the average person I talk to will
say, yeah, put more on. About another
dollar-fifty is good. Fight big tobacco. The
joke, Mr. President, is this has nothing to do
with Big Tobacco. The manufacturers of
cigarettes get the wholesale price whether
they're selling the cigarettes to an Indian
reservation, whether they're selling it in
some warehouse in Virginia to people going
smuggle it to New York, or whether they're
6226
selling to some Internet outfit that doesn't
pay taxes, or whether they're selling legally
through a legal distributor and a licensed
retail vendor. The manufacturer gets the same
amount. They get the wholesale manufacturer's
price when it leaves their plant.
So it's not even Big Tobacco. As
long as people are still buying it somewhere,
they don't lose a penny on this if legal
sales -- if legal sales go down.
I'm voting for this, but I think
we're being very, very foolish here. And I
predict the day when we'll be back here with a
whole package of penal sanctions and
appropriations to crack down on the rampant
smuggling and the related crime and violence
as criminals vie for territory and position in
this whole black market that we are giving
such great birth to.
Thank you, Mr. President.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Very briefly on this bill.
6227
I will be supporting the package.
But I have two concerns also. I'd like to
state them for the record.
The first is I do have some
problems with the cigarette tax. And unlike
Senator Connor, I think one of the biggest
problems with the way we're doing it is the
geographical inequity. I've already had the
deli owner where I buy my newspapers say to
me: "What are you doing, you're killing me.
Everybody is going to go to Nassau County."
So you have a geographical problem
with this, particularly for folks who are
bordering New Jersey and are close to the
borders of other counties. That's a real
concern, that we are unintentionally really
hurting New York City businesses by doing
this.
Overall, though, I like the idea of
a cigarette tax, notwithstanding the fact that
I agree with a number of the things that
Senator Connor said. The one benefit could be
from this that children may be dissuaded
because of a $7 a pack cost, and who don't
have the means to travel outside of the area
6228
where we've imposed this tax. And every study
has shown if a child does not start smoking
until -- when they hit 18, they're not going
to smoke.
So I will be supportive of this,
although I don't like the way we're doing it.
The second thing, very quickly -
and it seems silly, but it really bothers
me -- is the increase in parking fines in
New York City. It's $50 right now. We're
raising it to $100. And, Mr. President, I
wish somebody would do a study on the
elasticity of demand of raising parking fees.
Because I'm telling you right now, you don't
deter anybody from parking illegally.
And I don't condone parking
illegally, but you don't deter anybody from
increasing it from $50 to $100. What you wind
up doing is unfairly taxing people and having
people, middle-class people, it just blows
their monthly budget, you want to get a fifty
or now up to a hundred-dollar fine for it.
And you don't deter.
To raise $62 million this way is
inappropriate. The way you should go about
6229
raising this money is to collect the unpaid
parking tickets from scofflaws, most of whom
come from other countries on diplomatic
license plates. And the other thing you can
do is for all of the companies, the commercial
interests that rack up parking tickets to such
extraordinary degrees that they don't even
care where they park, because the companies
just eat the cost or don't make the payments.
Go and squeeze those companies and
raise the revenue on them. They are the
primary impediment to traffic flow in the
city. And don't nail the person who has to
inadvertently stop for a little while or run
into a store. I don't condone that behavior,
but this is an inappropriate penalty.
Having said all that, I appreciate
Senator Padavan's work on this, particularly
the section which will allow for different
regulations in a contract between the City of
New York and the teachers' union for changes
in the disciplinary rules. That's absolutely
essential. We have given administrators the
ability to go in -- I'm sorry, we've given the
administrators the ability to have control
6230
over their principals. We've got to do the
same for the principals with the teachers.
This is the first step to doing it.
I'll support the bill.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Just briefly on the bill, Mr. President.
I will support this bill, and I
know that my city needs it. I just want to
highlight something that I'm not sure got
focused on by both of the previous speakers.
Senator Connor pointed out that
New York City will be cutting our budget
$60 million for education, despite this
package and despite the money that went into
the state budget. Right before that, we did
the bill for the Rochester schools, giving
them an additional $20 million advance.
Frankly, for the City of Rochester
or the City of New York, if we ever sat down
in these chambers and finally dealt with a
fair funding formula for education for the
6231
school systems in this state, I don't believe
Rochester would need to come here for an
advance loan for their school system and I
don't think New York City would end up having
to cut education funds despite the fact that
we moved some additional money to them this
year.
And I'd also just again like to
remind my colleagues that when we talked about
the 400-and-something million dollars in new
money that went to the New York City school
system this year, 200 million of that, it was
simply the State of New York finally paying
money it had owed the city for years. And so
I don't think we should overlook the fact that
we've really put our city, the City of
New York, in the position it's in where, even
with some additional education aid, it will
still cut $60 million out of our schools. And
we cannot afford to cut money out of our
schools.
And again, if we didn't challenge
the CFE lawsuit and keep that debate going
through the appeal that the Governor is moving
through, we would have been forced to finally
6232
do what we should do for the children of our
state, look at education funding formulas
fairly, reevaluate how we give out state
money, and not find ourselves at a quarter to
10:00, on the last night, potentially, of our
house's session, trying to do some quick
saves.
So I urge that we don't find
ourselves in this same situation next year
because we address the issue of fair funding
formulas for our school systems.
Thank you, Mr. President. I will
vote yes on this bill.
ACTING PRESIDENT MEIER: Before
we read the last section, the Secretary will
substitute the Assembly bill which has passed
the Assembly.
THE SECRETARY: Senator Bruno
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11817 and
substitute it for the identical Senate Bill
Number 7783, Third Reading Calendar 1654.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
6233
THE SECRETARY: Section 3. 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 1654 are
Senators Gonzalez, Maltese, and Velella.
Ayes, 58. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. At this time could we
call up Calendar Number 409, by Senator Spano.
It is on Supplemental Active List Number 2.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 409.
THE SECRETARY: Calendar Number
409, by Senator Spano, Senate Print 5346, an
act to amend the Labor Law, in relation to the
cancellation of wage credits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
6234
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Please
recognize Senator Montgomery.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 1350.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 1350.
Senator Maziarz.
SENATOR MAZIARZ: Thank you, Mr.
President. There will be an immediate meeting
of the Rules Committee in Room 332. Immediate
meeting of the Rules Committee in Room 332.
Thank you, Mr. President.
ACTING PRESIDENT LIBOUS: The
6235
Rules Committee will meet immediately in Room
332.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could we go to Calendar Number 55B
and ask the Secretary to call up Calendar
Number 1561.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1561.
THE SECRETARY: Calendar Number
1561, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
10258B, an act to amend the Public Authorities
Law, in relation to operations.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
6236
SENATOR KUHL: Mr. President.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Is Calendar Number
1561 still in the house?
ACTING PRESIDENT MEIER: Yes, it
is, Senator.
SENATOR KUHL: I move to
reconsider the vote by which it passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
THE SECRETARY: In relation to
Calendar Number 1561 -
(The Secretary called the roll.)
THE SECRETARY: -- ayes, 61.
SENATOR KUHL: Could you lay the
bill aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 839.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
6237
recorded in the negative on Calendar 839.
Senator Bruno.
SENATOR BRUNO: Mr. President,
we'd like to return to the reports of standing
committees. And I believe there's a report
from the Rules Committee at the desk.
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 5136C, by Senator
Mendez, an act to amend Chapter 899 of the
Laws of 1984;
6939A, by Senator Hannon, an act to
amend the Public Health Law and the New York
State Medical Care Facilities Finance Agency
Act;
7288A, by Senator Seward, an act to
amend the Tax Law;
7550B, by Senator Maziarz, an act
to amend the Public Authorities Law;
7724A, by Senator Velella, an act
6238
to amend the General Business Law;
7780, by Senator Leibell, an act in
relation to the implementation;
7789, by the Senate Committee on
Rules, an act ratifying certain actions.
And Senate Print 7792, by Senator
LaValle, an act to amend the Education Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: 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 Bruno.
SENATOR BRUNO: Mr. President,
can we have the reading of the
6239
noncontroversial Calendar 55E.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
1630, by Senator Mendez, Senate Print 5136C,
an act to amend Chapter 899 of the Laws of
1984.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: I move to accept
the message.
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.
6240
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1658, by Senator Seward, Senate Print 7288A,
an act to amend the Tax Law, in relation to
the determination.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
6241
1661, by Senator Leibell, Senate Print 7780,
an act in relation to the implementation of
the terms of a written agreement.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: I would move we
accept the message.
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 bill
is now before the house.
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.)
THE SECRETARY: Ayes, 61.
6242
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1663, by Senator LaValle, Senate Print 7792,
an act to amend the Education Law, in relation
to establishing a World Trade Center Memorial
Scholarship Program.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: I would move we
accept the message.
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 8. This
6243
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read Calendar
1657.
THE SECRETARY: In relation to
Calendar Number 1657, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11292C and substitute it
for the identical Senate Bill Number 6939A,
Third Reading Calendar 1657.
ACTING PRESIDENT MEIER:
Substitution ordered.
Calendar Number 1657, by the
Assembly Committee on Rules, Assembly Print
Number 11292C, an act to amend the Public
Health Law.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message.
6244
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
may I have unanimous consent to change my vote
on 1653 and vote in the affirmative.
6245
ACTING PRESIDENT MEIER: Senator
Morahan will be recorded in the affirmative on
Calendar 1653.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1659.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1659.
THE SECRETARY: Calendar Number
1659, by Senator Maziarz, Senate Print 7550B,
an act to amend the Public Authorities Law and
the Executive 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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
6246
can we at this time call up Calendar Number
1570.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1570.
THE SECRETARY: In relation to
Calendar Number 1570, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4939E and substitute it
for the identical Senate Bill Number 7697A,
Third Reading Calendar 1570.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER:
Substitution ordered.
There is a message at the desk.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity say aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
6247
message is accepted.
The message is accepted.
The bill is before the house.
The Secretary will read.
THE SECRETARY: Calendar Number
1570, by Member of the Assembly Pheffer,
Assembly Print Number 4939E, an act to amend
the Penal Law and others.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10. 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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
off the main calendar, can we call up Calendar
Number 1033.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1033.
6248
THE SECRETARY: Calendar Number
1033, by Senator Padavan, Senate Print 7319A,
an act to amend the County Law, the New York
City Charter, and the Administrative Code of
the City of New York.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up and recall Calendar Number 1655
and reconsider the vote by which that bill was
passed.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1655.
THE SECRETARY: Calendar Number
1655, by Senator Alesi, Senate Print 7795, an
6249
act relating to financial stability.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The vote
is reconsidered. The bill is recommitted.
The Secretary will now read
Calendar 1655.
THE SECRETARY: In relation to
Calendar Number 1655, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11827 and substitute it
for the identical Senate Bill Number 7795,
Third Reading Calendar 1655.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1655, by the Assembly Committee on Rules,
Assembly Print Number 11827, an act relating
to financial stability.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Is there a
6250
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: Then I would move
that we accept the message.
ACTING PRESIDENT MEIER: All in
favor of accepting the message signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
6251
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1612.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1612.
THE SECRETARY: In relation to
Calendar Number 1612, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11510 and substitute it
for the identical Senate Bill Number 7608A,
Third Reading Calendar 1612.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1612, by the Assembly Committee on Rules,
Assembly Print Number 11510, an act to amend
the Public Authorities 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, 61.
6252
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1660.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1660.
THE SECRETARY: Calendar Number
1660, by Senator Velella, Senate Print 7724A,
an act to amend the General Business Law, in
relation to construction contracts.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: I would move that
we accept the message.
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
6253
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1662.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1662.
THE SECRETARY: Calendar Number
1662, by the Senate Committee on Rules, Senate
Print Number 7789, an act ratifying certain
actions of the Shoreham-Wading River Central
School District.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Is there a
6254
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR BRUNO: Mr. President, is
6255
there any housekeeping to be done at the desk?
ACTING PRESIDENT MEIER: Yes, we
have some motions, Senator, if we could take
care of those.
SENATOR BRUNO: Can we take care
of those motions at this time.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Morahan, I
wish to call up Senate Print Number 7268A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1328, by Senator Morahan, Senate Print 7268A,
an act to authorize the Town of Stony Point.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
6256
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President, at
this time I would move that we recommit all
the bills that are on the calendar to Rules.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR BRUNO: Thank you, Mr.
President.
And, Mr. President and colleagues,
we are just completing, in a formal sense, our
session for 2002. And while the hour is about
10:30, the sun is shining somewhere.
(Laughter.)
SENATOR BRUNO: And it will shine
much more brightly on all New Yorkers because
6257
of the good work that we have done in this
chamber, in this house this session.
And when good things get done -
and we did have challenges. This is the first
session after 9/11. We in New York have had
experiences like we've never had before.
People in America have had experiences like
they've never experienced before.
But we have moved forward. And our
objectives here really, together, were just to
rebuild New York, the morale, the good life
that we all lead, the quality of life here in
New York. And we have done that.
And we have done that together,
thanks to the leadership of our great Governor
and partner, George Pataki, thanks to the help
that we get here in this chamber with all of
the conference members here in the Majority
and the Minority, who participate in a very
diligent and a very aggressive way to make
sure that what we do in this chamber truly is
the best for all the people here in this
state.
And you do a great job in the
Minority. And we're going to do our best to
6258
get you back here in that sense.
(Laughter.)
SENATOR BRUNO: I was going to
skip that, but it slipped out.
(Laughter.)
SENATOR BRUNO: We partner with
the Assembly, and no bill goes to the Governor
without us doing it together. And we have
done some great things together.
And for those that wonder about
this session and those that question, really,
how great was this session, what things did we
do, let me just mention a few. Like women's
health, which will affect millions of women in
a very positive way throughout New York State.
New York City school governance, that was a
dream for 30-some years. We did that this
year, and we will affect $10 million worth of
funding, 1,100,000 young people in New York
City.
The Health Care Reform Act of 2002,
$225 million for the state's GE*NYS*IS
program, with biotech, biomed research, really
leading the country, that will lead to over a
billion dollars with the Centers of Excellence
6259
in research and development, biotech and
biomed.
$1 billion in new tax cuts become
law this year. Graduated driver's licenses.
Record education funding, $4.6 billion.
Created 10 new Empire Zones, bringing the
total to 72.
We in the Senate passed a number of
bills and that we hope the Assembly, in their
wisdom, will see fit to join us.
Antiterrorism bills, that are critically
important to the health and the safety of
people here in New York. We passed them here;
we hope they will pass them there. Auto
insurance fraud. Budget reforms, which we
have done for the last several years. The
initiative and referendum that we gave first
passage to. And a number of others that we
hope that we will get together on.
We adopted a calendar last
December, and in December we had agreed that
we would conclude the formal part of our
session on June 20th. This is June 20th. It
happens to be the longest day of the year.
And no one had to tell me that.
6260
(Laughter.)
SENATOR BRUNO: I really need to
thank my conference, who support us just so
greatly. And I really, truly appreciate that.
And the leaders that help me here. And to
mention a few, Dean Skelos, our deputy
majority leader, Senator Skelos, who is on the
floor constantly and continually, trying to
keep order and doing a remarkable job of that
and moving the calendar. And, Dean, thank
you.
Our vice president, Owen Johnson.
Assistant majority leaders, our senior
assistant majority leader -- not in age, but
for whatever reason, we call him senior. And
he's our liaison to the Governor and to the
Mayor in New York City, Guy Velella.
Senator Randy Kuhl, our assistant
majority leader. And Nick Spano, Senator
Spano, thank you for your support and your
help.
And our chair of the Majority
Program Development Committee, Senator Tom
Libous.
And of course our chair of the
6261
conference, Senator Ken LaValle.
And the staff that supports us all,
the work that we do, we don't get it done
without the people that you see around here
and so many others that we don't see. My
press secretary, Marcia White. Her name is
printed three times larger than any other,
because she prepared this.
Our director of communications,
John McArdle. Members of the press office,
communications office do an absolutely
outstanding job.
And our secretary of the Senate,
Steve Boggess. Steve, thanks very much for
all the good things that you do on behalf of
the entire Senate, everyone that's in the
chamber and that works here.
Our secretary of Finance, Abe
Lachman, and all the Finance staff that work
days, nights, and weekends, as does our chief
counsel, Ken Riddett, and members of the
counsel's office. None of the good things
that we do can happen without the support of
these people, and we very much thank you and
appreciate that.
6262
Ed Lurie, members of the Senate
research, members services, Rick Burdick, Amy
Leitch, Pat Stackrow, the other members of my
office staff who help me on a minute-to-minute
basis.
And Bill Martin and our
sergeant-at-arms team, who help us every
minute and every day in all the good things
that happen around here.
And of course Tommy Testo and the
great job that's done at that front desk,
which is really remarkable in terms of the
order and the way things move. So we thank
you.
We have a couple of members that
won't be here with us next January, and they
make a choice not to be here. Senator Jim
Lack, who has chaired Judiciary, who has been
in a leadership position for so many years.
We came in a couple of years apart.
And, Jim, we thank you for your
diligence, for your service and for all the
good things that you have done, not just for
your constituents but for all of the people
here in New York State. Thank you very, very
6263
much.
And Ron Stafford, Senator Stafford,
who serves 37 years, 37 years. I met Ron when
he was a kid. And he still is a kid. And he
decides to leave early in his life and go on
to just do whatever he thinks is more
important presently. And in his wisdom, in
his judgment, I have to respect that.
Ron is the person who I believe
some 30 years ago encouraged me to run for
office. Little did he know. But -- you
remember that?
SENATOR STAFFORD: Very well.
SENATOR BRUNO: When I first was
in the Young Republicans, which is kind of
hard to remember.
But Ron, I supported him in one of
his campaigns, his first campaign when he came
to the Senate as the youngest senator in the
Senate. And he leaves now, but he won't be
out of our lives for very long.
We will be back here, and Ron will
be back. Jim will be back. But in the formal
sense, this will be their last session. And
you know, it's always great when people leave
6264
of their own volition, of their own desire, to
go on with their lives. Leaving any other way
is not a lot of fun in this business.
(Laughter.)
SENATOR BRUNO: So
congratulations to you, Ron, and to Jim, and
congratulations to everyone.
And really a sincere thanks to the
staff, to the leadership that's here,
leadership on both sides of the aisle, the
staff that surrounds us all here and does such
a good job. Really, we say thank you. And
God bless each and every one of you, be
healthy and be prosperous.
We expect, just so that you know,
that when the Assembly is coming back, I
believe on Monday, they have some things
they're going to do. And we have committed to
them and to the Governor that if we get
together on some of the outstanding issues -
some that I've mentioned, some of the
others -- that we will come back.
And we'll come back and pick a day
and try and wrap up if it's necessary, if we
have agreement. And if we don't have
6265
agreement, well, then we'll be back after
November. But I'm hopeful and optimistic that
by continuing to work with the chairs, with
the staff, that we will get together on some
of the outstanding issues.
Thank you very much, Mr. President.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
Let me begin by thanking Senator
Bruno, our majority leader, for his many, many
courtesies, for his candor. If you have to
have an adversary, then Joe Bruno is the
perfect gentleman to have in that position,
because he's straightforward, candid and
always a gentleman. And I enjoy working with
him so much. I enjoy it so much I'd like to
have his job someday.
(Laughter.)
SENATOR CONNOR: But -- and I do
want to thank all of my colleagues, and I'll
get to that in a minute.
But as we close this session,
6266
Senator Bruno has named some of the things
that we have accomplished this year, some of
them under very difficult circumstances.
Certainly when it comes to the budget, we did
some good things. More importantly, the State
of New York appears to have survived, for the
time being, some great shortfalls in revenue.
We leave here, as Senator Bruno
quite candidly admitted, leaving undone,
unagreed-to some major issues. Hopefully
they'll be resolved in the coming days,
because I would not want to see this year go
by without us addressing things like the
Superfund, siting issues with respect to
energy.
Rockefeller Drug Laws, we've had
our debates about those. We still don't have
a deal yet, something that will work for
everybody. I certainly hope we do that.
We also leave here in my opinion
not addressing an important issue such as
minimum wage. No one has mentioned in these
last few days an issue that I surely thought
we would take up this year, one that's
important to so many New Yorkers and one where
6267
I stood not so many months ago at a huge
dinner in Manhattan and heard the Governor
absolutely promise that this year we were
going to pass SONDA and offer civil rights
protections to all New Yorkers.
I would hope we will address that
and that something will happen in these next
few days. It will be a shame this year not to
carry out that promise the Governor made to so
many New Yorkers. And I know the Governor
really meant it, and I know he's going to be
working in these coming days. And I urge all
my colleagues in both houses to listen and
come together on that issue.
This year -- I'll do the
addition -- this is the close of my 25th
session. And I can say, for all the
challenges, every one of them, I've enjoyed
every one of them very, very much. And one
reason I enjoy them are the people we all get
to work with here, our colleagues on both
sides of the aisle.
Senator Bruno, you named your
staff. I want to thank all the people you
named for their professionalism and courtesy,
6268
not only in dealing with me but in dealing
with my staff.
I certainly couldn't function as
minority leader without a deputy such as David
Paterson, whose leadership, good humor,
intellect -- shall I go on?
SENATOR PATERSON: Yeah.
(Laughter.)
SENATOR CONNOR: -- I think we
all find quite engaging and delightful in
debate every day.
Bill Stachowski is a solid rock as
our ranker on Finance. Also covers the Rules
Committee meetings. He is always there, he is
always there where you need him, when you need
him.
Rick Dollinger backs up David in
the floor duties. Rick is shy and retiring,
and some of you may not have noticed him this
session. But he does occasionally participate
in debates. And he occasionally -- what was
the one the other day, dropping the ball? -
he occasionally comes up a turn of phrase that
wakes us all up. But we certainly appreciate
all his efforts.
6269
Our conference chair, Senator
Mendez, assistant leader Efrain Gonzalez, and
Velmanette Montgomery, the other people in
leadership -- Senator Oppenheimer, Senator
Onorato, Senator Carl Kruger, Senator Lachman,
Senator Santiago, Senators Breslin and
Schneiderman, we all appreciate everything
they do.
And I left one, and I know she's
sitting there, because I want a special
attention to the whip, who does such a great
job, who's always there and always alert and
always understands the substance and the
politics of every bill. That's Senator Ada
Smith.
These are the people who move our
conference along, who do the day-to-day work.
And of course it can't be done, as
Senator Bruno pointed out, without staff. On
our side we have Mona DeMay, our chief of
staff. She made this list up and put her name
last, but I just reversed it.
Our counsel, Ed Wassermann; his
deputy, Mike Fallon. Keith, our floor
counsel. John Ewashko, secretary to the
6270
Senate Finance minority, and Chrissie
Rutigliano, the assistant secretary there,
Eric Lugo, the deputy secretary.
And I'm going to skip him for a
minute, because I'll tell you why.
Bill Reynolds and Sue Gold, who do
press so well. Mark Streb, director of
communications. Shirley Stingley, my personal
secretary, who usually gets me where I have to
be at the right time and keeps everything
running in my office. Lorenda Harris, our
deputy chief of staff.
And so many other staff members who
just make it happen for the members, for
myself. We do appreciate your efforts.
And why I skipped him is
inadvertently, about two or three years in a
row, I forgot to thank Mark Leinung. So I
thought I'd get him sitting there thinking,
Oh, no, not again. And it was always an
oversight. Even years I had him on the list
somehow I missed it.
Mark is the director of program for
us, and he runs a great staff there. And of
course he sits here and keeps up-to-date on
6271
everything that's going on. We appreciate
what Mark does as well.
Mr. President, we usually close by
wishing everybody a great summer. I hope we
all have a great summer. I hope we only do
have to come back once. I hope it's that once
next week to do some more real important
things. And after that, I guess we have other
things to do. Hopefully we can all catch some
rest this summer and be at the top of our game
in the fall when the real fun begins.
Thank you, Mr. President.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
there being no further business to come before
the Senate -- Mr. President, would you
recognize Senator Stafford.
ACTING PRESIDENT MEIER:
Certainly.
Senator Stafford.
SENATOR STAFFORD: Mr. President,
since we're formally closing this session and
this term, so to speak, I'm going to ask you
6272
to listen to me for a couple of seconds. As
always, it will be very brief, very, very
brief. And I think you may be a speck
interested in what I am going to say.
I won't say it again. I know we'll
be back. But I'm not sure we'll be in this
setting again. And obviously I want to thank
everyone who has been part of my life
politically, personally, and professionally.
But first I want to speak to you people just
for a second and then speak to the system.
First, I assure you you've got one
of the best jobs in the United States of
America. And sometimes we take it for
granted; sometimes we just sort of get used to
it. We have a relatively large district, we
have flexibility, we don't have rules that we
can't do other things.
Some of you know that I do other
things, just a bit. We won't get into whether
we should have full-time legislators or not.
I feel very strongly on that issue. But if I
was to speak to that point, it would be very
self-serving. And I won't.
And I would also say to you,
6273
remember that you have the opportunity to make
friends that you would not have if you weren't
doing this, and you have the opportunity to
have a much bigger picture than most people
have. I would say to you that when I first
started, 37 years ago, I used to laugh -- and
I was brash then. Note I haven't changed, at
times.
And Earl Brydges used to tell about
this greatest deliberative body in the world.
And I'd snicker. I sat back in that seat,
where Kemp Hannon isn't -
(Laughter.)
SENATOR STAFFORD: -- for 15
years. For 15 years. But I now know that
Earl Brydges knew what he was talking about.
I also know, I also know that it is
really so fulfilling to be able to make those
friends on both sides of the aisle. I'm very
aware that those on my left would not support
me in certain instances. On the other hand,
you can be friends and you can disagree and
not be disagreeable.
When I leave here, a great deal of
me will stay here, and that means a great deal
6274
to me.
Now, the system. I share with you
that we can criticize this system and we can
complain about it and we can say how terrible
it is. But I don't agree. We have a very
complex state. We have houses with different
ideas, different agendas, and there has to be
compromise. And I would suggest we do that.
It's frustrating at times. And the
only way we can correct that completely is to
have a dictatorship. And I don't want that
unless -- well, no, I don't think I'd be
dictator. And I don't think any of you want
to be. But you see the point that I'm making.
I don't let anyone say to me, in my
district or in any place in this state or
anywhere else, say to me without me responding
that we have a great state, it's a system. As
Winston Churchill said: A representative
democracy is a terrible form of government,
but it's the best that modern man has come up
with.
So with that, I thank you all and I
say to you all, as a former president of
Columbia and also of the United States said:
6275
So this is my last good night to you -- and
I'm aware that it isn't, so I'll say this is a
good night. I thank you for the many
opportunities you have given me for public
service. I trust that in that service you
have possibly found some things worthy.
Thank you and God bless.
(Standing ovation.)
SENATOR BRUNO: Now, Mr.
President, in the names of Senator Lack and
the greatest chair in Finance that the Senate
has had, Senator Ronald Stafford, I would move
that, there being no further business to come
before the Senate, that we stand adjourned,
subject to the call of the Majority Leader.
Thank you and good night.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned, subject
to the call of the Majority Leader.
Intervening days will be legislative days.
(Whereupon, at 10:55 p.m., the
Senate adjourned.)