Regular Session - July 2, 2002
6309
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
July 2, 2002
2:14 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
6310
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in the Pledge of Allegiance
to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we each bow our heads
in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, July 1, the Senate met pursuant to
adjournment. The Journal of Sunday, June 30,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
6311
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Hannon, I
wish to call up Calendar Number 979, Assembly
Print Number 4386.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
979, by Member of the Assembly Gottfried,
Assembly Print Number 4386, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the Assembly bill was substituted for
Senate Print Number 2821 on 5/8/02.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
6312
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move that Assembly Bill
Number 4386 be recommitted to the Committee on
Rules and the Senate bill be restored to the
order of Third Reading Calendar.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Maziarz, I
wish to call up Senate Print Number 7550B,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1659, by Senator Maziarz, Senate Print 7550B,
6313
an act to amend the Public Authorities Law.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed and ask that the
bill be restored to the order of third
reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is now restored to third reading.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to discharge, from the
Committee on Rules, Assembly Print Number
11579B and substitute it for the identical
bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR FUSCHILLO: I now move
that the substituted Assembly bill have its
third reading at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
6314
THE SECRETARY: Calendar Number
1659, by the Assembly Committee on Rules,
Assembly Print Number 11579B, 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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Balboni, I
wish to call up Senate Print Number 7422,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1431, by Senator Balboni, Senate Print 7422,
6315
an act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar in
its entirety at this time.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar in its entirety signify by saying
aye.
(Response of "Aye.")
6316
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
I'd like to give Senator Connor unanimous
consent to make an introduction.
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President. Thank you, Senator Skelos.
We are honored today to have with
us a distinguished scholar, distinguished
Jewish scholar, Rabbi David Feinstein. He is
the dean of Mesivtha Tifereth Jerusalem
Yeshiva in New York City. He is a leading
Jewish scholar. He is the oldest son of the
revered Torah scholar of blessed memory, Rav
Moshe Feinstein.
And we welcome, on behalf of all my
colleagues, Rabbi Feinstein here. He is here
with his wife Malka, who is a retired -- spent
many, many years and is retired as a New York
6317
City public school teacher.
So, Mr. President, on behalf of the
Senate, we welcome Rabbi Feinstein here.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions to be made at the
desk?
ACTING PRESIDENT MEIER: There is
one.
SENATOR SKELOS: If we could make
the substitution at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Hannon
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11852 and
substitute it for the identical Senate Bill
Number 2821A, Third Reading Calendar 979.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
6318
ACTING PRESIDENT MEIER: Meeting
of the Rules Committee in the Majority
Conference Room.
SENATOR SKELOS: Again, if you
would give unanimous consent to Senator
Connor, he has one more -
ACTING PRESIDENT MEIER: Without
objection, Senator Connor.
SENATOR CONNOR: Yes, thank you,
Mr. President.
Also in Albany but unable to join
us here is Rabbi Meir Zlotowitz. But his wife
Rachel is here.
Rabbi Zlotowitz was heralded as one
of Jewsweek's 50 most influential Jews in
America. He and his business partner ranked
11th for their achievements in the publishing
of rabbinic literature by their company,
ArtScroll Publications.
And therefore, on behalf of my
colleagues, I would welcome Mrs. Zlotowitz to
our chamber.
SENATOR SKELOS: Mr. President,
the Senate will stand at ease pending the
return of the report of the Rules Committee.
6319
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:21 p.m.)
(Whereupon, the Senate reconvened
at 2:35 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
And then if we could return to
reports of standing committees, there's a
report of the Rules Committee at the desk
which we'd like to have read at this time.
ACTING PRESIDENT MEIER:
Immediate meeting of the Higher Education
Committee in the Senate Majority Conference
Room.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
6320
Senate Print 75B, by Senator
Skelos, an act to amend the Navigation Law;
5131C, by Senator Saland, an act to
amend the Family Court Act;
2383F, by Senator Marcellino, an
act to amend the Education Law;
2305B, by Senator Volker, an act to
amend the Penal Law;
Assembly Print 9672A, by Member of
the Assembly Tocci, an act to amend the Lien
Law;
Assembly Print 11094, by the
Assembly Committee on Rules, an act to amend
the Public Authorities Law;
Senate Print 6402, by Senator Rath,
an act to cancel prior transfer;
Assembly Print 6167, by Member of
the Assembly Nolan, an act to amend the Labor
Law;
Senate Print Number 4032A, by
Senator Spano, an act to amend Retirement and
Social Security Law;
Assembly Print Number 9860, by
Member of the Assembly Destito, an act to
amend the Civil Service Law;
6321
Senate Print Number 6780, by
Senator Marchi, an act relating to providing;
7268B, by Senator Morahan, an act
to authorize;
7598A, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
7760B, by Senator McGee, an act to
authorize;
284, by Senator Hannon, an act to
amend the Education Law;
838B, by Senator Maltese, an act to
amend the General Municipal Law;
3539C, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
4875A, by Senator McGee, an act to
amend the Education Law;
5615, by the Senate Committee on
Rules, an act to amend the Public Service Law;
6282, by Senator A. Smith, an act
authorizing the City of New York;
6314A, by Senator Padavan, an act
to amend the Administrative Code of the City
of New York;
6410, by Senator Montgomery, an act
6322
authorizing the City of New York;
6662, by Senator Volker, an act to
amend the Vehicle and Traffic Law;
6765, by Senator Stafford, an act
to amend the Executive Law;
7005B, by Senator Hannon, an act to
amend the Public Health Law;
7069B, by Senator Spano, an act to
amend the Retirement and Social Security Law;
7142, by Senator Leibell, an act to
amend the Civil Service Law;
7243, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
7287, by Senator Volker, an act to
amend the Criminal Procedure Law;
7380A, by Senator Leibell, an act
to amend the General Business Law;
7488, by Senator Maziarz, an act to
amend a chapter of the Laws of 2002;
7558A, by Senator Maltese, an act
to amend the Real Property Tax Law;
7566, by Senator Leibell, an act to
amend the General Municipal Law;
7587A, by Senator Stafford, an act
to authorize;
6323
7710, by Senator Volker, an act to
amend Part J of Chapter 82;
7711A, by Senator Libous, an act to
amend the Education Law;
7740, by Senator Velella, an act to
amend the Administrative Code of the City of
New York;
7757, by Senator Marcellino, an act
to amend the Tax Law;
7771, by Senator Duane, an act in
relation;
7777, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
7781, by Senator Bonacic, an act to
amend the Environmental Conservation Law;
7790, by Senator Seward, an act to
amend the Insurance Law;
7791A, by Senator Velella, an act
to amend the Labor Law;
7803, by Senator Bonacic, an act to
amend the Tax Law;
7806, by Senator Farley, an act to
amend the County Law;
7812, by Senator McGee, an act to
6324
amend the County Law;
7814, by Senator Kuhl, an act to
amend the Education Law;
7817, by Senator Velella, an act to
amend Chapter 69 of the Laws of 2002;
7819, by Senator Kuhl, an act to
amend the County Law;
7822, by Senator Velella, an act to
amend the Labor Law;
7826, by Senator Nozzolio, an act
to amend the Correction Law;
7830, by the Senate Committee on
Rules, an act to amend the County Law;
And Assembly Print Number 7912A, by
Member of the Assembly McEneny, an act
authorizing the Commissioner of General
Services.
All bills ordered direct to third
reading.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
6325
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could now go to the noncontroversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: In relation to
Calendar Number 46, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3009C and substitute it
for the identical Senate Bill Number 75B,
Third Reading Calendar 46.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
46, by Member of the Assembly Weisenberg,
Assembly Print Number 3009C, an act to amend
the Navigation Law.
6326
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, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 245, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11197A and substitute it
for the identical Senate Bill Number 5131C,
Third Reading Calendar 245.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
245, by the Assembly Committee on Rules,
Assembly Print Number 11197A, an act to amend
the Family Court Act.
ACTING PRESIDENT MEIER: Read the
last section.
6327
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
520, by Senator Marcellino, Senate Print
2383F, an act to amend the Education Law and
others, in relation to the practice of
geology.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect in 18 months.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
6328
607, by Senator Volker, Senate Print 2305B, an
act to amend the Penal Law and the Public
Authorities Law.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
691, by Member of the Assembly Tocci, Assembly
Print Number 9672A, an act to amend the Lien
Law, in relation to streamlining.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
731, by the Assembly Committee on Rules,
6329
Assembly Print Number 11094, an act to amend
the Public Authorities Law, in relation to
creating an age limitation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 915, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10191 and substitute it
for the identical Senate Print Number 6402,
Third Reading Calendar 915.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
915, by Member of the Assembly Hayes, Assembly
Print Number 10191, an act to cancel the prior
6330
transfer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
999, by Member of the Assembly Nolan, Assembly
Print Number 6167, an act to amend the Labor
Law and the Workers' Compensation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
6331
THE SECRETARY: In relation to
Calendar Number 1131, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9819 and substitute it
for the identical Senate Bill Number 4032A,
Third Reading Calendar 1131.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1131, by Member of the Assembly Abbate,
Assembly Print Number 9819, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President.
I'm voting in the affirmative on
6332
this bill, and I do want to point out that
oftentimes presumption bills actually are good
law. And this is one of those cases.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1151, by Member of the Assembly Destito,
Assembly Print Number 9860, an act to amend
the Civil Service Law, in relation to
providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
6333
THE SECRETARY: In relation to
Calendar Number 1157, Senator Marchi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11012 and substitute it
for the identical Senate Print Number 6780,
Third Reading Calendar 1157.
ACTING PRESIDENT MEIER:
Substitution ordered.
There is a home-rule message at the
desk.
The Secretary will read.
THE SECRETARY: Calendar Number
1157, by the Assembly Committee on Rules,
Assembly Print Number 11012, an act relating
to providing accidental and special accidental
death benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane.
6334
SENATOR DUANE: Thank you, Mr.
President.
Actually, this is the bill which
I -- this is a bill which I wanted to flag
because it recognizes an inequity in the law.
And I'm hopeful that recognition of domestic
partners of those killed on September 11th
will similarly be able to get line-of-duty
death benefits.
Thank you, Mr. President. I'll be
voting yes.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1328, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11086B and substitute it
for the identical Senate Print Number 7268B,
Third Reading Calendar 1328.
ACTING PRESIDENT MEIER:
Substitution ordered.
6335
The Secretary will read.
THE SECRETARY: Calendar Number
1328, by the Assembly Committee on Rules,
Assembly Print Number 11086B, an act to
authorize the town of Stony Point.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1609, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11540B and substitute it
for the identical Senate Bill Number 7598A,
Third Reading Calendar 1609.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
6336
THE SECRETARY: Calendar Number
1609, by the Assembly Committee on Rules,
Assembly Print Number 11540B, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1624, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11801B and substitute it
for the identical Senate Bill Number 7760B,
Third Reading Calendar 1624.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1624, by the Assembly Committee on Rules,
6337
Assembly Print Number 11801B, an act to
authorize approval of certain transportation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1664, by Senator Hannon, Senate Print 284, an
act to amend the Education Law, in relation to
exempting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
6338
is passed.
THE SECRETARY: Calendar Number
1665, by Senator Maltese, Senate Print 838B,
an act to amend the General Municipal Law, in
relation to certain lung disabilities.
ACTING PRESIDENT MEIER: 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.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
I misspoke earlier on Calendar
Number 1131. This was the one I actually
meant to speak on regarding the -- that it's
good public policy to recognize that certain
disabilities can appropriately be presumed to
have been caused by work-related environmental
issues. And this is one such case.
So I am very much supportive of
6339
this bill, and I'll be voting yes.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1666, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8384B and substitute it
for the identical Senate Bill Number 3539C,
Third Reading Calendar 1666.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1666, by the Assembly Committee on Rules,
Assembly Print Number 8384B, an act to amend
the Civil Practice Law and Rules, in relation
to the production of non-party business
records.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
6340
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1667, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6040B and substitute it
for the identical Senate Bill Number 4875A,
Third Reading Calendar 1667.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1667, by Member of the Assembly Parment,
Assembly Print Number 6040B, an act to amend
the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
6341
July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1668, by the Senate Committee on Rules, Senate
Print -
SENATOR ADA SMITH: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1669, Senator A. Smith moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9855 and substitute it
for the identical Senate Bill Number 6282,
Third Reading Calendar 1669.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1669, by Member of the Assembly Cook, Assembly
6342
Print Number 9855, an act authorizing the City
of New York to reconvey its interest.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1670, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9914A and substitute it
for the identical Senate Bill Number 6314A,
Third Reading Calendar 1670.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1670, by Member of the Assembly Abbate,
Assembly Print Number 9914A, an act to amend
6343
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 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1671, Senator Montgomery moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10255 and substitute it
for the identical Senate Bill Number 6410,
Third Reading Calendar 1671.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1671, by Member of the Assembly Boyland,
Assembly Print Number 10255, an act
6344
authorizing the City of New York to reconvey
its interest.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1672, Senator Volker moves to
discharge, from the Committee on
Transportation, Assembly Bill Number 10553 and
substitute it for the identical Senate Bill
Number 6662, Third Reading Calendar 1672.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1672, by Member of the Assembly Smith,
Assembly Print Number 10553, an act to amend
6345
the Vehicle and Traffic Law, in relation to
the maximum speed limit.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1673, Senator Stafford moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11594 and substitute it
for the identical Senate Bill Number 6765,
Third Reading Calendar 1673.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1673, by the Assembly Committee on Rules,
Assembly Print Number 11594, an act to amend
the Executive Law.
6346
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1674, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11336B and substitute it
for the identical Senate Bill Number 7005B,
Third Reading Calendar 1674.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1674, by the Assembly Committee on Rules,
Assembly Bill Number 11336B, an act to amend
the Public Health Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: There is
6347
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1675, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11397A and substitute it
for the identical Senate Bill Number 7069B,
Third Reading Calendar 1675.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1675, by the Assembly Committee on Rules,
Assembly Print Number 11397A, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
6348
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: In relation to
Calendar Number 1676, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9938 and substitute it
for the identical Senate Bill Number 7142,
Third Reading Calendar 1676.
6349
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1676, by Member of the Assembly Lentol,
Assembly Print Number 9938, an act to amend
the Civil Service 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, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1677, by Senator Leibell, Senate Print 7243,
an act to amend the Retirement and Social
Security Law, in relation to retirement plans.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
6350
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1678, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11300 and substitute it
for the identical Senate Bill Number 7287,
Third Reading Calendar 1678.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1678, by the Assembly Committee on Rules,
Assembly Print Number 11300, an act to amend
the Criminal Procedure Law, in relation to
designating.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
6351
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1679, by Senator Leibell, Senate Print 7380A,
an act to amend the General Business Law, in
relation to licensing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1680, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11522 and substitute it
for the identical Senate Bill Number 7488,
6352
Third Reading Calendar 1680.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1680, by the Assembly Committee on Rules,
Assembly Print Number 11522, an act to amend a
chapter of the Laws of 2002.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1682, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11606A and substitute it
for the identical Senate Bill Number 7558A,
Third Reading Calendar 1682.
ACTING PRESIDENT MEIER:
Substitution ordered.
6353
The Secretary will read.
THE SECRETARY: Calendar Number
1682, by the Assembly Committee on Rules,
Assembly Print Number 11606A, an act to amend
the Real Property Tax Law, in relation to
senior citizen rent increase.
ACTING PRESIDENT MEIER: 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, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1683, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11267 and substitute it
for the identical Senate Bill Number 7566,
Third Reading Calendar 1683.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
6354
THE SECRETARY: Calendar Number
1683, by the Assembly Committee on Rules,
Assembly Print Number 11267, an act to amend
the General Municipal Law, in relation to
paying.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1684, Senator Stafford moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11732A and substitute it
for the identical Senate Bill Number 7587A,
Third Reading Calendar 1684.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
6355
1684, by the Assembly Committee on Rules,
Assembly Print Number 11732A, an act to
authorize the Town of Altamont, in the County
of Franklin.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1685, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11754 and substitute it
for the identical Senate Bill Number 7710,
Third Reading Calendar 1685.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
6356
1685, by the Assembly Committee on Rules,
Assembly Bill Number 11754, an act to amend
Part J of Chapter 82 of the Laws of 2002.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Section 56 of Part J of Chapter 82 of the Laws
of 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1686, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11761A and substitute it
for the identical Senate Bill Number 7711A,
Third Reading Calendar 1686.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
6357
1686, by the Assembly Committee on Rules,
Assembly Print Number 11761A, an act to amend
the Education Law, in relation to the
profession of social work.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect September 1, 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1687, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11800 and substitute it
for the identical Senate Bill Number 7740,
Third Reading Calendar 1687.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1687, by the Assembly Committee on Rules,
6358
Assembly Print Number 11800, an act to amend
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 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1688, Senator Marcellino moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11749 and substitute it
for the identical Senate Bill Number 7757,
Third Reading Calendar 1688.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1688, by the Assembly Committee on Rules,
6359
Assembly Print Number 11749, an act to amend
the Tax Law and others.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1689, Senator Duane moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11807 and substitute it
for the identical Senate Bill Number 7771,
Third Reading Calendar 1689.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1689, by the Assembly Committee on Rules,
Assembly Print Number 11807, an act in
relation to operations within Hudson River
6360
Park.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1690, by the Senate Committee on Rules, Senate
Print Number 7777, an act to amend the
Retirement and Social Security Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
6361
is passed.
Senator LaValle.
SENATOR LaVALLE: Mr. President,
can I just ask the vote on Calendar Number
1689? What was the vote on that?
ACTING PRESIDENT MEIER: It was
unanimous in favor of the bill, Senator.
SENATOR LaVALLE: Thank you very
much.
ACTING PRESIDENT MEIER:
Shocking.
The Secretary will continue to
read.
THE SECRETARY: In relation to
Calendar Number 1691, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7446C and substitute it
for the identical Senate Bill Number 7781,
Third Reading Calendar 1691.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1691, by Member of the Assembly Gunther,
Assembly Print Number 7446C, an act to amend
6362
the Environmental Conservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
I'd just like to make an inquiry. Has Senator
Duane's bill left the house yet?
ACTING PRESIDENT MEIER: It's
making its way slowly towards the door.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Duane just waved the flag, and it's out of
here.
(Laughter.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: In relation to
6363
Calendar Number 1692, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11821 and substitute it
for the identical Senate Bill Number 7790,
Third Reading Calendar 1692.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1692, by the Assembly Committee on Rules,
Assembly Bill Number 11821, an act to amend
the Insurance Law, in relation to the
accounting of certain assets.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1693, Senator Velella moves to
6364
discharge, from the Committee on Rules,
Assembly Bill Number 11831A and substitute it
for the identical Senate Bill Number 7791A,
Third Reading Calendar 1693.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1693, by the Assembly Committee on Rules,
Assembly Print Number 11831A, an act to amend
the Labor Law and the State Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 1. This
act shall take effect on September 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1694, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11742C and substitute it
6365
for the identical Senate Print Number 7803,
Third Reading Calendar 1694.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1694, by the Assembly Committee on Rules,
Assembly Print Number 11742C, an act to amend
the Tax Law, in relation to certain tax rates.
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, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1695, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11854 and substitute it
6366
for the identical Senate Bill Number 7806,
Third Reading Calendar 1695.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1695, by the Assembly Committee on Rules,
Assembly Print Number 11854, an act to amend
the County Law.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1696, by Senator McGee, Senate Print 7812, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
6367
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1697, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11858 and substitute it
for the identical Senate Bill Number 7814,
Third Reading Calendar 1697.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1697, by the Assembly Committee on Rules,
Assembly Print Number 11858, an act to amend
the Education Law, in relation to the
provision of supplemental educational
services.
ACTING PRESIDENT MEIER: Read the
6368
last section.
THE SECRETARY: Section 4. This
act shall take effect July 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1698, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11773 and substitute it
for the identical Senate Bill Number 7817,
Third Reading Calendar 1698.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1698, by the Assembly Committee on Rules,
Assembly Print Number 11773, an act to amend
Chapter 69 of the Laws of 2002.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
6369
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1699, by Senator Kuhl, Senate Print 7819, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1700, Senator Velella moves to
discharge, from the Committee on Rules,
6370
Assembly Bill Number 11784A and substitute it
for the identical Senate Bill Number 7822,
Third Reading Calendar 1700.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1700, by the Assembly Committee on Rules,
Assembly Print Number 11784A, an act to amend
the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Rath recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1701, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6190E and substitute it
6371
for the identical Senate Bill Number 7826,
Third Reading Calendar 1701.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1701, by Member of the Assembly Ortiz,
Assembly Print Number 6190E, an act to amend
the Correction Law, in relation to custody and
supervision.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1702, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11828 and substitute it
for the identical Senate Bill Number 7830,
6372
Third Reading Calendar 1702.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1702, by the Assembly Committee on Rules,
Assembly Print Number 11828, an act to amend
the County Law, in relation to wireless
surcharges.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
chapter of the Laws of 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1703, by Member of the Assembly McEneny,
Assembly Print Number 7912A, an act
authorizing the Commissioner of General
Services.
6373
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
607, by Senator Volker, Senate Print 2305B, an
act to amend the Penal Law and the Public
Authorities Law.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
6374
Volker, Senator Hevesi has requested an
explanation of your bill.
SENATOR VOLKER: Yeah. Mr.
President, this is a bill that has passed this
house previously, in a little different form.
It's now quite a bit restrictive.
The bill would create a Class D
felony for assaults on train operators, ticket
inspectors, conductors, or bus operators where
such employee is performing an assigned duty
on a train or bus.
There's been an increasing number
of assaults on transportation people. And we
had a study here, which I can't find right
now, but -- we have a report here that says
last year, out of 3900 bus operators, there
were 90 serious assaults in downstate New York
alone. And I'm aware of a bunch of serious
assaults in western New York.
In fact, in all honesty, my law
partner, who's also the chief of police,
arrested a fellow who had hijacked a bus -
and in fact, if I remember right, chased him
down the street and so forth after he had
hijacked a bus, a school bus several years
6375
ago.
For some strange reason, there has
been increasing pressure on transportation
agencies and so forth. Probably because there
are a number of people that are traveling on
those buses and those trains who are under the
influence of drugs and other various problems.
So this bill has been around for
many years. I united this year with Roger
Green. There is a provision in here that the
Assembly wanted relating to putting up,
posting signs of the seriousness of the
offense in an attempt to deter people from
assaulting transit employees.
This bill has already passed the
Assembly and is about to go to the Governor as
soon as we're done here.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President. I've voted against this bill in
6376
the past. I voted against it on the A print
and in past sessions. And just to briefly
restate my objections to the original bill, I
believed that it was much too expansive. And,
secondly, it created a somewhat incongruous
situation in the penal code.
I'm pleased to see this bill before
us corrects one of those two problems. It's
much more restrictive in nature. And since
I'd always made the argument that it seemed
counterintuitive or a little illogical to me
why somebody who is a porter in a subway or
sweeping up the subway would be more likely to
have an assault perpetrated on them than
somebody else, in accordance with that logic,
it seemed like elevating to a D felony assault
against this very broad category of
individuals might be overreaching.
That's corrected in this bill. And
so I'm actually going to support this
legislation, because there has been an
increase -- I don't know why there's been this
dramatic increase in assaults on transit
workers.
Mr. President.
6377
ACTING PRESIDENT MEIER: Can we
have some order in the chamber, please.
SENATOR HEVESI: Thank you, Mr.
President.
I'm not sure why we've seen this
increase. But it exists. There have been a
few high-profile cases, including more than
one in New York City and in my home county of
Queens.
So I'm going to support this. But
I would like to point out, as I have pointed
out in the past, the other objection that I've
had to this bill still stands, which is that
it's appropriate, in my opinion, to elevate to
a D felony status assaults on emergency
service workers -- police officers,
firefighters, EMTs -- but I'm not sure it's
essential to do it even for this more
restricted category of individuals, though
it's clear that an A misdemeanor is
insufficient.
So again, I'll just reiterate what
I've said in the past, which is I believe that
intentionally inflicting injury on another
individual should be for -- everybody in New
6378
York State who is victimized by this should
have a redress of that occurrence, in fact,
where the perpetrator will be facing E felony
penalties instead of an A misdemeanor. For
everybody. And that way you won't have any
incongruous situation in the penal code.
But these protections I'm convinced
are necessary. I'm pleased with the revisions
of the bill. And I commend Senator Volker and
his counterparts in the Assembly for working
on this. It seems to me this bill is going to
become law. And let it send a clear message
to anybody who would assault anyone who is
operating a mass transit vehicle: We won't
tolerate it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wishing to speak on the bill?
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 607, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11756 and substitute it
for the identical Senate Bill Number 2305B,
Third Reading Calendar 607.
6379
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will 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, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR GENTILE: Mr. President.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Mr. President,
I'd just ask for unanimous consent to be
recorded in the negative on Calendar Number
1696 -- no, I'm sorry, 1694. I'm sorry.
1694.
ACTING PRESIDENT MEIER: Without
objection, Senator Gentile will be recorded in
the negative on Calendar Number 1694.
THE SECRETARY: Calendar Number
1668, by the Senate Committee on Rules, Senate
6380
Print Number 5615, an act to amend -
SENATOR SKELOS: Lay the bill
aside temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to motions and
resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
SENATOR BRUNO: I believe I have
a privileged resolution at the desk. I would
ask that it be read in its entirety and move
for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the privileged resolution
in its entirety.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 6340, supporting
the U.S. Justice Department in its call for a
rehearing on the decision ruling the Pledge of
Allegiance unconstitutional, by an 11-judge
panel.
"WHEREAS, On June 26, 2002, the 9th
6381
U.S. Circuit Court of Appeals held that the
Pledge of Allegiance is an unconstitutional
endorsement of religion, stating that it
'impermissibly takes a position with respect
to the purely religious question of the
existence and identity of God' and places
children in the 'untenable position of
choosing between participating in an exercise
with religious content or protesting'; and
"WHEREAS, Attorney General John
Ashcroft stated the Justice Department will
request a hearing en banc to defend the
ability of our nation's children to pledge
allegiance to the American flag; and
"WHEREAS, the Pledge of Allegiance,
written by Francis Bellamy in 1892, received
official recognition by the United States
Congress on June 22, 1942, when it was
formally included in the U.S. Flag Code; and
"WHEREAS, The words of the Pledge
of Allegiance have been revised three times.
'The flag of the United States' replaced the
words 'my flag' in 1923 because some
foreign-born people might have in mind the
flag of the country of their birth instead of
6382
the United States flag. One year later, 'of
America' was added after 'United States.' And
the last change in language came on Flag Day
in 1954, when Congress passed a law which
added the words 'under God' after 'one
nation'; and
"WHEREAS, The First Amendment to
the Constitution embodies principles intended
to guarantee freedom of religion, both through
the free exercise thereof and by prohibiting
the government from establishing a religion;
and
"WHEREAS, The Pledge of Allegiance
has, for almost 50 years, included references
to the U.S. flag, the country, to our country
having been established as a union 'under God'
and to this country being dedicated to
securing 'liberty and justice for all'; and
"WHEREAS, In accordance with
decisions of the U.S. Supreme Court, public
school students cannot be forced to recite the
Pledge of Allegiance without violating their
First Amendment rights; and
"WHEREAS, The United States Flag
embodies the early history and enduring hopes
6383
of a free and self-governing people; and
"WHEREAS, Today, the words of the
Pledge of Allegiance, recognized in the hearts
of those who live in our vast country, is
recited: 'I pledge allegiance to the flag of
the United States of America, and to the
Republic for which it stands, one nation under
God, indivisible, with liberty and justice for
all'; now, therefore, be it
"RESOLVED, That this legislative
body pause in its deliberations to support the
U.S. Justice Department in its call for a
rehearing on the decision ruling the Pledge of
Allegiance unconstitutional, by an 11-judge
panel; and be it further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to Attorney General John Ashcroft."
Senator Bruno.
SENATOR BRUNO: My colleagues in
the chamber, Mr. President, you just heard the
resolution.
We in this chamber start our
sessions with the Pledge of Allegiance to the
flag. We in New York State can be especially
6384
proud that Francis Bellamy, in 1892, who wrote
the pledge, at that time was from Rome -- I
think, Mr. President, your district, a few
years before you were born.
And it was changed the last time in
1954 when Congress, with complete
deliberation, added the words "under God" -
President Eisenhower, I believe, being
president at the time, being initiative and
supportive in that it was the right thing to
do for the people in this country.
Young people all over New York
State and all over this country start their
day with the Pledge of Allegiance.
Now, recently, in an idiotic
decision, the federal appeals court in
San Francisco holds the Pledge of Allegiance,
as we have been reciting it for the last
almost fifty years, as unpatriotic. The
decision borders on lunacy, to call the Pledge
of Allegiance unpatriotic. The decision is
un-American.
So that through this resolution we
are delivering a strong message, in a time
like this when it is so critically important
6385
that we be unified in this state and in this
country and that we respect and are patriotic
and we respect the flag and the pledge to that
flag as the emblem of our freedom. And our
freedom expresses itself throughout the world.
There are battles being fought to protect
freedom. And our pledge signifies what
everybody believes. It's what America stands
for.
So we are making a statement here,
and a strong statement. And we're confident
that the nine states now -- like Alaska,
California, Idaho -- who are not able to
legally recite the pledge, we are confident
that the Supreme Court in due process will
overturn the foolish decision by the
judiciary -- ill-advised, ill-informed and
ill-directed -- so that people throughout this
country will be able to have life and justice
for all.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
just briefly.
One of the questions that everybody
6386
asks, if you participate in any national event
with other legislators, is what is the feeling
in New York after 9/11 and how has this
affected its residents. Well, I can tell you
this. I don't know how it's affected all of
our residents. I know how it hasn't affected
the people in California.
This circuit court in California
obviously doesn't understand the first thing
about what happened. And how ironic it is, in
a day that many, many people in this nation
and around the world found God, that they
would be saying take God out of this oath.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President.
I certainly understand the
importance of our country coming together, as
I have our state as well, over the horrible
terrorist -- the terrible terrorist attack on
September 11th. But I have to respectfully
vote in the negative on this resolution for a
whole host of reasons.
I certainly respect the author's
6387
wisdom when he created the Pledge of
Allegiance, although in his wisdom he did not
include the words "under God" in the original
version of the Pledge of Allegiance. I don't
think that anyone who questions that
particular phrase of the Pledge of Allegiance
should be considered to be unpatriotic or not
of right mind. I think that one of the best
things about our nation is that it is a place
where there's a separation of church and
state, and that has in fact provided for
probably the strongest denominations of
organized religion probably any place in the
world.
Religious organizations,
denominations in our nation are supported
very, very strongly in the United States and,
as I say, I believe more strongly than
anyplace else in the world. And that's
because we do have a separation of church and
state.
So to allow the court the liberty
to make this decision and then to follow it as
it winds its way probably up to the Supreme
Court is perfectly appropriate. But I don't
6388
believe that taking that decision on in this
resolution is the appropriate way to go.
I might also add that in the Pledge
of Allegiance there is the line "liberty and
justice for all." However, I do notice that
in our zeal to stress that our state and our
nation is about liberty and justice for all,
in our session the Sexual Orientation
Nondiscrimination Act, or an inclusive sexual
orientation nondiscrimination act, was not
passed.
So I know that when I say the
Pledge of Allegiance in this chamber, no
matter what words I say, when it ends with
"liberty and justice for all," I can't help
but think that the civil rights of many
New Yorkers are being denied because this
Legislature and the Governor have been unable
to make it possible for the Sexual Orientation
Nondiscrimination Act to pass.
I will be voting in the negative on
this resolution, Mr. President.
ACTING PRESIDENT MEIER: Senator
Padavan, and then Senator Lachman.
Senator Padavan.
6389
SENATOR PADAVAN: Mr. President,
listening to the previous speaker, I'm
somewhat disposed to stand up and suggest that
his words have absolutely no significance
whatsoever.
Senator, in your back pocket, in
your wallet, I'm sure you have a number of
dollar bills -- $5 bills, $10 bills,
$20 bills, whatever the denomination. And if
you look on them, each one says "In God We
Trust." Therefore, you are carrying on your
person a very simple statement that's embodied
in our Pledge of Allegiance.
And I've never seen you or any
other liberal that has spoken to this issue
take those dollar bills or whatever and rip
them up and say "They're an affront to my
civil rights." That is covered by one word:
Hypocrisy.
Now, we begin this chamber's
opening frequently by ministers, after we do
the Pledge of Allegiance. If you want to
listen to that prayer, you do. If you choose
not to, you do not. That is your unalienable
right.
6390
Similarly, in a classroom or any
other place where the pledge is recited, an
individual can either participate or remain
silent. That is an unalienable right. To
suggest that the rights of others who may wish
to express themselves in the manner that the
pledge provides should be denied them, that is
a violation of their rights, in my view.
And so as the Majority Leader
properly stated, there is no doubt that the
Supreme Court will reaffirm that. And if they
don't, then they'll have to remove "In God We
Trust" from all our currency. And in the
United States Senate, emblazoned on the wall
is "In God We Trust." And I am sure if we
want to think about it, we'd find it in many
other public places. I don't believe they're
about to do that.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: I think that
some of the things that Senator Duane has
mentioned should be considered to be correct.
The separation of church and state in America
6391
is probably our greatest contribution to world
religion. It has made America a veritable
greenhouse of religious organizations. The
Disciples of Christ, the Mormons, the
Christian Scientists all began here. And the
seedlings of the Baptist faith and the
Methodist faith grew in America. And it grew
because of the separation of church and state.
Now, I also agree with the sponsors
of the resolution, because I think that this
is an affirmation of America's civil religion.
When the members of the U.S. Supreme Court
walk into their hallowed chambers, there is,
printed on top of the chambers, a phrase that
is very similar to this -- not the exact
words -- and the use of God and His name.
And I also believe that there is an
official chaplain that the U.S. Senate has -
not the New York State Senate, but the U.S.
Senate -- and an official chaplain that the
U.S. House of Representatives has.
Religion in American life is
basically the core of its life. And what
makes it different from religions in other
parts of the world is the diversity and the
6392
heterogeneity and the respect that one group
has for another group.
I personally feel, I personally
feel that this decision will be overturned by
all the members of the Circuit Court of
Appeals. I'm almost certain it will be
overturned by the U.S. Supreme Court. I do
not think it's a wise or a good decision, and
I don't think it interferes with anyone's
civil rights.
So I will be voting yea on this
resolution.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Thank you, Mr.
President. On the resolution.
I too want to speak in favor of
this resolution and point to the fact that in
the dissenting opinion on the Ninth Circuit
Court, the judge, in his dissenting opinion,
correctly pointed out that the phrase "under
God" in no way or in terms of establishment of
a religion is such de minimis effect that to
claim that that in effect violates the
establishment clause is preposterous. And so
6393
I applaud the introduction of this resolution
here today.
Indeed, my community that I
represent is so outraged by this decision that
this past weekend I organized veterans'
groups, community groups, and we stood out on
the street corner and recited the Pledge of
Allegiance the way the Pledge of Allegiance is
now constituted. And certainly I think that
was a strong message from the people of my
district, not only to the Ninth Circuit Court
but to anybody in the state of New York or on
the federal level, that we support the Pledge
of Allegiance.
So I want to congratulate those who
sponsored this resolution. I will proudly
vote in favor of this resolution.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
6394
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we open the resolution for sponsorship for
anyone in the chamber that would like to be on
it. And you might just ask those that don't
want to be on it to maybe indicate that to the
chair.
Thank you.
ACTING PRESIDENT MEIER: Very
well, then. At the request of the sponsor,
members will be placed on the resolution
unless they wish not to be placed on the
resolution, and then they may inform the desk.
Senator Montgomery.
SENATOR MONTGOMERY: Mr.
President, I'd just like the record to show
that I would like to say to Senator Bruno:
God bless Senator Bruno.
ACTING PRESIDENT MEIER: Thank
you, Senator Montgomery. I'm sure Senator
Bruno appreciates that.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
believe I have another privileged resolution
6395
at the desk. I would ask that the title be
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title of the
privileged resolution.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 6341, paying
tribute to the lifetime achievements of John
Scanlon, The Record writer, editor and
columnist.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President, my
colleagues, it really is a privilege for me,
and a pleasure, to pay tribute to John
Scanlon, that we are recognizing here in this
resolution for 64 years of dedicated service
as a journalist. Starting his career in
Rutland, Vermont, as a sportswriter, and
moving through his jobs, other than being
interrupted, serving in the Second World War.
Stayed in newspaper reporting,
worked in Plattsburgh at the Plattsburgh
Herald, covered the Nuremberg Trials, got a
first-place award from the New York State
6396
Associated Press in 1980.
John Scanlon around here is mostly
remembered for his 39 years with the Troy
Record, as a copy editor there. There he
would make you think with what he wrote, laugh
with what he wrote, sometimes even cry,
because he cares a lot about people.
Even after he retired in 1986, he
continued to write articles, wrote at least
twice a week about all of the goings-on in
people's lives, relating instance after
instance of circumstances taking place in his
community that were just important to
recognize and to note.
He has stopped writing now because
he is ill, and he has been sick for some time.
But his presence in the community is strongly
felt. You can't pick up the Troy Record
without thinking about John Scanlon, who
literally for 39 years had a byline there.
And he has just a unique way about expressing
himself. And you can tell that John really
cares about people, has a lot of respect for
people and just loves people.
So, John, for all of the years of
6397
your service in enlightening us, entertaining
us, sharing your gifts, your insights with us,
we're truly better people for having known
you. And we wish you the very best as you
continue on with your life.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is 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 Bruno.
SENATOR BRUNO: Mr. President,
can we open that up for cosponsorship by
anyone that would indicate they'd like to be
on the resolution. I see Senator Farley.
ACTING PRESIDENT MEIER: All
right. Anyone who would like to be on the
resolution notify the desk. Senator Farley.
Senator Bruno.
SENATOR BRUNO: Mr. President,
6398
can we at this time return to reports of
standing committees. I believe there's a
report from the Finance Committee at the desk.
I would ask that it be read at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the Board of
Trustees of the City University of New York,
Marc V. Shaw, of Queens.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
before I yield to Senator Padavan, very
briefly I have to share with all of you that
we today had Marc Shaw before the Finance
Committee. An experience that was not foreign
to him, with his experience that he has had
with the Finance Committee.
But his presentation was as
substantive and had as much, shall I say,
6399
wisdom as any presentation that I've seen and
heard. And as you know, I've heard more than
I can count.
All of you know Marc has an
outstanding career. The only thing we will
not hold against him, he is a close friend of
the present secretary of the Senate Finance
Committee. But I think we will be able to
work that out. They've of course worked
together through the years.
As I mentioned, Marc was with the
Senate Finance Committee. He's been the city
budget director, he's been executive director
of the MTA. He has worked for governors, for
mayors. He's a real, real fine example of
what true public service is.
He's been nominated for the CUNY
board, and all of us are very encouraged that
we're going to be putting CUNY back to where
it was before, about 30 years ago, we started
making changes that -- well, we'll leave it at
that.
We're going to continue to have a
strong system, and I know Marc is going to
make a tremendous contribution. And with
6400
that, I certainly move his confirmation. I
know some others will have some things to say.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
Marc Shaw is the deputy mayor for
operations of the City of New York and is a
mayoral appointment to the City University of
New York's board of trustees. That is so for
two reasons. First, it's something he wants
to do. And, secondly, it's something his boss
very much wants him to do.
And why? Because the City
University, like our State University, is the
place where so many of our young people
develop their professional aptitude and go on
to do those things in this state and elsewhere
that make us proud. And City University has a
heritage, perhaps the greatest number of Nobel
laureates, men and women who have made
distinctive careers as a result of that
education.
Marc Shaw's career in public
service, which spans over two decades,
6401
includes not only service here in the State
Senate but on the MTA and a variety of other
responsibilities, including City Council. And
I think it's safe to say there isn't any area
of city government that he's not aware of in a
very real sense, not just in terms of fiscal
matters, which are so important, particularly
in this day and age, but in terms of the
mission that those organizations and entities
have as it relates to the vitality, the growth
and the very nature of the city of New York.
During his presentation to the
Finance Committee, and I presume earlier to
the Committee on Higher Education, Marc Shaw
outlined to us why he felt so deeply about
City University and its mission. He explained
to us how he, as a SUNY graduate -
undergraduate and graduate school, University
of Buffalo -- had achieved an education that
otherwise might not have been available had
there not been, in this state, this
outstanding state and city university system.
And that he wanted to participate
in helping to develop not only a quality
education for every youngster in the city of
6402
New York, but to deal with some of the endemic
problems that exist. The issue of remedial
education should not be at our university
level, it should be at our high school level.
And he pointed out instances in our county,
Queens, as an example, where we have an
outstanding high school on the grounds of the
campus of Queens College, Sophie Davis -- not
Sophie Davis. And Sophie Davis as well, in
another location, which is a premedical
school.
In any event, he explained, I think
clearly and succinctly, why he wanted to
assume this responsibility. And when you
consider the deputy mayor of operations of the
City of New York is a tough job, that for him
to wish to do something in addition speaks
well to his motivation and I'm sure will speak
equally well to his work ethic.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman, and then Senator Hevesi.
SENATOR LACHMAN: I was
privileged to be present at both the Higher
Education and Finance Committee meetings when
6403
Marc Shaw was interviewed. I knew him
peripherally before six years ago. But when
he became the executive director of the MTA,
we became good friends.
And as I said before, he is a man
of substance, he's a man of intelligence, he's
a man of character. And he levels with you in
terms of what's feasible and possible in terms
of changes and what is not feasible and
possible. And that sometimes is rare in a
public official.
I think this is one of the very
best appointments that has been made to the
CUNY Board of Trustees. And I believe that
Mayor Bloomberg should be applauded for this
appointment. I think that Marc realizes what
missions of universities and colleges are in a
heterogeneous, diverse environment. He
realizes the progress that CUNY has made over
the last few years. But he also realizes the
opportunities inherent in the problems that
still exist.
The opportunities, of course, are
the honors program; the competition with
different colleges amongst themselves and in
6404
the private sector; as was mentioned, the
close relationship of certain colleges and
high schools, such Townsend Harris at Queens
and Leon Goldstein at Kingsborough in
Brooklyn.
And he also believes very strongly
that remediation is essential, but that
remediation should not occur on the college
level but should occur on the high school
level. And I hope that the Mayor's new plan
to restructure the high schools and the
elementary schools as well will bring this to
fruition, where the university will be
concentrated and concentrating on academic
concerns.
Which brings me to my last point -
and I briefly mentioned this to Marc -- and
that is the need to have a strong full-time
faculty. And the reality is that CUNY today
in terms of full-time faculty is between 50
and 60 percent, which is about ten points
below SUNY and even less when you compare it
to private colleges.
It is absolutely essential that
CUNY not dip below the 50 percent mark in
6405
terms of the relationship of full-time faculty
and part-time faculty. Because full-time
faculty is the future of the institution of
the City University of New York.
And having said that, I can think
of no one better to be appointed as a member
of the board of the CUNY Board of Trustees
than an individual who understands the
problems that still exist and the improvements
that have been made but not completed over the
last few years.
So I commend the Mayor, and I
applaud the appointment of Marc Shaw as a
member of the CUNY Board of Trustees.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
I don't want to belabor the point.
I agree with everything that Senator Lachman
and Senator Padavan have previously said about
the nominee. He is absolutely outstanding.
And I have some standing to comment on this
nominee. I have commented negatively on a
number of nominees in the past, and some that
6406
have come on the CUNY Board of Trustees.
You will not find anybody with more
experience, with more compassion, dedication.
And he articulated in the Higher Ed Committee
his personal connection to a number of CUNY
facilities. Mayor Bloomberg is to be
commended. This is probably one of the best
nominations to any board or commission that I
have had the pleasure of voting yes on in my
entire four years in the Senate.
I wish Mr. Shaw good luck. He's
got an important job now. He'll add to his
responsibilities with this nomination, but I'm
sure he'll do an outstanding job in a most
important position.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
it's very interesting to listen to my
colleagues, distinguished colleagues, who have
with unerring accuracy identified Marc Shaw in
terms of his broad involvement in the life of
this state. I remember him -- well, he was a
lot younger then, but he's still very young,
that's the remarkable fact -- some three
6407
decades ago when he and Abe Lackman were
inseparable and constituted a very vital part
of that Finance Committee that I chaired at
that time.
He has maintained that broad
interest. Not narrow-gauged, it's a broad
interest in humanity itself, leavened by a
very healthy experience in a variety of
situations.
So I suspect, in seconding this
nomination, pointing to an extension to the
educative and learning process, an auguring
that will tell us that the best is yet to
come. We have great expectations. But we're
confident that however they turn out, they
only enrich an experience that has served us
so well, and that those of us who can go along
with him will be witness to greater things to
come.
All the best. And we're certainly
very fortunate in confirming Marc Shaw.
ACTING PRESIDENT MEIER: All
those in favor of the confirmation signify by
saying aye.
(Response of "Aye.")
6408
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Shaw is with us, Mr. Shaw is
with us in the gallery today.
And, Mr. Shaw, we certainly
congratulate you and wish you well with your
important duties on the CUNY board.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Republic Airport Commission, Joan
Flaumenbaum, of Farmingdale.
As a member of the Stewart Airport
Commission, Louis Heimbach, of Warwick.
As a member of the State Council on
the Arts, Susana Torruella Leval, of New York
City.
And as a member of the State
Hospital Review and Planning Council, Marc I.
Korn, of East Amherst.
SENATOR STAFFORD: Move
6409
confirmation, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
nominees. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
before you recognize Senator Paterson, I
believe he is going to ask for a conference of
the Minority, which will last about twenty
minutes. So then the Senate will reconvene at
4:20, at which time we will have a Rules
Committee meeting.
So if you would recognize Senator
Paterson at this time.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
it's one thing to read someone's mind; it's
6410
another thing to program someone's mind.
Therefore, I'd like to call for an
immediate conference of the Minority,
immediately, in the Minority Conference Room.
ACTING PRESIDENT MEIER:
Immediate conference of the Minority in the
Minority Conference Room.
The Senate will stand at ease until
4:20.
(Whereupon, the Senate stood at
ease at 4:02 p.m.)
(Whereupon, the Senate reconvened
at 4:46 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
And the Senate will stand at ease
pending the return of the Rules Committee.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee.
The Senate will stand at ease
pending the report of the Rules Committee.
6411
(Whereupon, the Senate stood at
ease at 4:47 p.m.)
(Whereupon, the Senate reconvened
at 5:10 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a Rules report
at the desk. I ask that it be read at this
time.
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 5574D, by Senator
Stafford, an act to amend the Environmental
Conservation Law;
5259B, by Senator Leibell, an act
to amend the Civil Service Law;
6518, by Senator Spano, an act to
amend the Arts and Cultural Affairs Law;
6412
Assembly Print 5510C, by Member of
the Assembly Pretlow, an act to amend the
Vehicle and Traffic Law;
Senate Print 5283A, by Senator
Leibell, an act to amend the Retirement and
Social Security Law;
2551A, by Senator Padavan, an act
to amend the Public Authorities Law;
4507A, by Senator Fuschillo, an act
authorizing the County of Suffolk;
7391A, by Senator Hoffmann, an act
to authorize the Town of Vienna;
7473, by Senator McGee, an act to
amend the Real Property Tax Law;
7615, by Senator Padavan, an act to
amend the Real Property Tax Law;
7616, by Senator Padavan, an act to
amend the Real Property Tax Law;
7681, by Senator Padavan, an act to
amend the Real Property Law;
7816, by Senator Seward, an act to
amend the Insurance Law;
7829, by Senator Trunzo, an act to
amend the Retirement and Social Security Law;
7832, by Senator Leibell, an act to
6413
amend the Retirement and Social Security Law;
7833, by Senator Fuschillo, an act
to amend the Education Law;
7836, by Senator Seward, an act to
amend the Insurance Law;
Assembly Print 11856, by the
Assembly Committee on Rules, an act to amend
the Banking Law;
Senate Print 7810, by Senator Lack,
an act to amend the General Obligations Law;
6581, by Senator Seward, an act to
amend the Insurance Law;
Assembly Print 11641, by the
Assembly Committee on Rules, an act
authorizing;
Senate Print 7621, by Senator
Breslin, an act to authorize;
7447A, by Senator A. Smith, an act
authorizing the City of New York;
7684, by Senator Duane, an act
authorizing and empowering;
7686A, by Senator Marcellino, an
act to amend the Civil Practice Law and Rules;
7840, by Senator Farley, an act to
amend the Banking Law;
6414
7841, by Senator LaValle, an act to
amend the Education Law;
Assembly Print Number 11874A, by
the Assembly Committee on Rules, an act to
amend a chapter of the Laws of 2002;
And Senate Print 7807, by Senator
Meier, an act to amend the County Law.
All bills ordered direct to third
reading.
SENATOR SKELOS: Move to accept
the report of Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe we're waiting for the bills to be
distributed. Once they are, we'll take up the
Rules calendar.
6415
So if we could just stand at ease
for several minutes.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:13 p.m.)
(Whereupon, the Senate reconvened
at 5:14 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
believe there's some housekeeping at the desk.
If we could do it at this time.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
wish to call up Senator Hannon's bill, Print
Number 284, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1664, by Senator Hannon, Senate Print 284, an
act to amend the Education Law.
ACTING PRESIDENT MEIER: Senator
McGee.
6416
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator McGee.
SENATOR McGEE: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 5060 and
substitute it for Senator Hannon's identical
bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR McGEE: The Senate bill
on first passage was voted unanimously.
I now move that the substituted
Assembly bill have its third reading at this
time.
ACTING PRESIDENT MEIER: The
Secretary will read.
6417
THE SECRETARY: Calendar Number
1664, by Member of the Assembly Carrozza,
Assembly Print Number 5060, an act to amend
the Education 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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe the bills are being distributed at
this time.
Senator Paterson, are you prepared
to commence with the reading of the second
calendar? Thank you.
Mr. President, if we could now take
up Senate Supplemental Calendar 56A,
noncontroversial, please.
ACTING PRESIDENT MEIER: The
6418
Secretary will read the noncontroversial
calendar with regard to Supplemental 56A.
THE SECRETARY: Calendar Number
269, by Senator Stafford, Senate Print 5574D,
an act to amend the Environmental Conservation
Law and others, in relation to the practice of
forestry.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SKELOS: Mr. President,
if we could just, with the consent of the
Minority -- I believe there's a message of
necessity at the desk. If we could accept the
message at this time.
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.
6419
The bill is before the house.
Lay the bill aside.
THE SECRETARY: In relation to
Calendar Number 278, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10288A and substitute it
for the identical Senate Bill Number 5259B,
Third Reading Calendar 278.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
278, by Member of the Assembly Abbate,
Assembly Print Number 10288A, an act to amend
the Civil Service 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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
6420
THE SECRETARY: In relation to
Calendar Number 458, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11804 and substitute it
for the identical Senate Bill Number 6518,
Third Reading Calendar 458.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
458, by the Assembly Committee on Rules,
Assembly Print Number 11804, an act to amend
the Arts and Cultural Affairs 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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
729, by Member of the Assembly Pretlow,
6421
Assembly Print Number 5510C, an act to amend
the Vehicle and Traffic Law, in relation to
compliance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
979, by the Assembly Committee on Rules,
Assembly Print Number 11852, an act to amend
the Public Health Law and others, in relation
to making conforming changes.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
6422
Calendar Number 1138, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11707 and substitute it
for the identical Senate Bill Number 5283A,
Third Reading Calendar 1138.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1138, by the Assembly Committee on Rules,
Assembly Print Number 11707, an act to amend
the Retirement and Social Security Law, in
relation to disability benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1681, by Senator Padavan, Senate Print 2551A,
6423
an act to amend the Public Authorities Law, in
relation to authorizing the Triborough Bridge
and Tunnel Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall -
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1704, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7289A and substitute it
for the identical Senate Bill Number 4507A,
Third Reading Calendar 1704.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1704, by Member of the Assembly Sweeney,
Assembly Print Number 7289A, an act
authorizing the County of Suffolk.
ACTING PRESIDENT MEIER: There is
6424
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, Mr. President.
This is the triple-home-run threat
of the property tax exemption, partial
property tax exemption bills. This is, I
believe, Senator Fuschillo, for 13 years of
property taxes. This is a church or an
organization that got a bill that kept saying
"You owe real property taxes," and for 13
years they stuck it in the drawer and did
nothing.
We are achieving new heights in our
role as the Suffolk County property tax
exemption agency. I thought I'd been elected
to the Senate. Little did I know that we
would do one that absolves 13 years of
6425
property tax assessments. This is a
grand-slam home run in triplicate.
And, Senator Fuschillo, you're
catching up to Senator Skelos. A couple more
of these and you may be right hot on his
trail.
I'll vote no, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Senator
Dollinger, if any news accounts are correct
concerning your future, number one, we are
going to miss you.
(Laughter.)
SENATOR SKELOS: I want to assure
you that we will miss you.
And I hope that certainly the
legislation that's been passed in Nassau
County and Suffolk County and even creeping
into Queens, I believe it was, had nothing to
do with having you retire from the Senate.
ACTING PRESIDENT MEIER: Announce
6426
the results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1706, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10714B and substitute it
for the identical Senate Bill Number 7391A,
Third Reading Calendar 1706.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1706, by Member of the Assembly Townsend,
Assembly Print Number 10714B, an act to
authorize the Town of Vienna, Oneida County.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
6427
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1708, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1818A and substitute it
for the identical Senate Bill Number 7473,
Third Reading Calendar 1708.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1708, by Member of the Assembly Parment,
Assembly Print Number 1818A, an act to amend
the Real Property Tax 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.)
6428
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1710, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11695 and substitute it
for the identical Senate Bill Number 7615,
Third Reading Calendar 1710.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1710, by the Assembly Committee on Rules,
Assembly Print Number 11695, an act to amend
the Real Property Tax Law, in relation to tax
exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
6429
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1711, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11693 and substitute it
for the identical Senate Bill Number 7616,
Third Reading Calendar 1711.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1711, by the Assembly Committee on Rules,
Assembly Print Number 11693, an act to amend
the Real Property Tax Law, in relation to
exemption.
SENATOR SKELOS: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
6430
is passed.
THE SECRETARY: In relation to
Calendar Number 1712, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4683A and substitute it
for the identical Senate Bill Number 7681,
Third Reading Calendar 1712.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1712, by Member of the Assembly Brennan,
Assembly Print Number 4683A, an act to amend
the Real Property Tax Law, in relation to the
recording of conveyances.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
6431
is passed.
THE SECRETARY: Calendar Number
1713, by Senator Seward, Senate Print 7816, an
act to amend the Insurance Law, in relation to
modifying criteria.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 19 -
SENATOR LIZ KRUEGER: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1714, by Senator Trunzo, Senate Print 7829, an
act to amend the Retirement and Social
Security Law, in relation to the computation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
6432
is passed.
THE SECRETARY: Calendar Number
1715, by Senator Leibell, Senate Print 7832,
an act to amend the Retirement and Social
Security Law, in relation to disability
benefits.
ACTING PRESIDENT MEIER: 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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1716, by Senator Fuschillo, Senate Print 7833,
an act to amend the Education Law, in relation
to university-related economic development
facilities.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
6433
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1717, by Senator Seward, Senate Print 7836, an
act to amend the Insurance Law, in relation to
extending.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept
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.)
6434
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
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.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1718, by the Assembly Committee on Rules,
Assembly Print Number 11856, an act to amend
the Banking Law, in relation to high-cost home
loans.
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: Those recorded in
6435
the negative on Calendar Number 1718 are
Senators DeFrancisco, Meier and Seward. Ayes,
55. Nays -
ACTING PRESIDENT MEIER: Senator
Santiago, to explain her vote.
SENATOR SANTIAGO: Thank you, Mr.
President.
Let me just take the first moment
to thank Senator Farley and to thank the
committee, the Senate members that I work
with. And this is a very important piece of
legislation. And I'm very happy to stand and
to support this legislation, and I'm going to
ask my colleagues to support it with me.
I also would like to publicly thank
the Senate Banking Committee on both sides of
the aisle, but particularly on my side,
because this legislation is the first time
that we worked as one, with me, in this
particular committee. And this was very
important. Everyone here had an opinion about
predatory lending. Everyone had a story.
When I discussed -- we held a
hearing in March. Senator Farley invited us
to participate. And what happened at that
6436
time was very important for us, because our
communities were represented. Personally,
from Brooklyn, we had two community-based
organizations. From upstate, we had
organizations that represented consumer
groups.
It's probably the most important
consumer bill I think that's passed this year.
This year everyone has worked very, very hard
in making sure that people are not taken
advantage of. There has been research done
where minority people, people of color, poor
people, economically poor, seniors, have been
targeted either directly or -- consciously or
unconsciously, they've been targeted. And
people have had to -- some people have lost
their homes.
And Senator Farley and I sat there
for five hours in March, and we listened to
all the stories that were so painful. There
was story after story about people from
different walks of life who have lost their
homes, and they have lost them -- and I repeat
again, some people were cheated and they were
cheated consciously, and some people perhaps
6437
were cheated and it was unconscious, let's
assume that.
We spoke to some people who in fact
wanted to keep the subprime market, and they
wanted to keep the subprime market for people
in fact who couldn't afford to apply for
credit in the prime market. We spoke to
people who said, you know, let's keep this
market alive. Let's talk to the banks. And
we spoke to bankers. We said, "We want to
keep this market alive, but we want to
eliminate predatory lenders."
So what I want to say -- and,
Senator Farley, I think you can support this
as well -- is that the bankers did work with
us and they said, you know, this is one
issue -
ACTING PRESIDENT MEIER: Senator
Santiago, the rules provide two minutes for
you to explain your vote. Could I ask you to
conclude your vote.
SENATOR SANTIAGO: I ask that my
colleagues support this legislation, because
we did work together. All the consumer groups
were with us, NYPIRG was with us -
6438
ACTING PRESIDENT MEIER: Senator
Santiago, how do you vote? In the
affirmative?
SENATOR SANTIAGO: Yes.
ACTING PRESIDENT MEIER: Senator
Santiago will be recorded in the affirmative.
Senator Farley, to explain his
vote.
SENATOR FARLEY: Thank you, Mr.
President.
Senator Santiago has been a
terrific help to me on this bill. This is a
promise that both the Majority Leader and
myself made that we were going to do a
predatory lending bill this year. This is a
much better bill than was originally proposed
and passed last year by the Assembly. It took
care of a lot of problems. It's not perfect;
it needs some more work. I think it's a work
in progress.
But let me thank Senator Santiago,
who sat through a five-hour hearing, never
even left to go to the bathroom or anything.
Senator DeFrancisco was there most of the
time, and Senator Andrews.
6439
And I'm very, very grateful to the
Banking Committee, who's worked very hard on
this bill. Again, it's not perfect. But it
is certainly -- predatory lending will be on
its way to the Governor after we pass this
bill.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: Yes.
Everybody in the world is against predatory
lending. We're going to be passing a chapter
amendment, and I would be supporting this bill
if that chapter amendment was part of the bill
that's going to become law.
Senator Farley did indicate that
it's a work in progress. And I'm just afraid
that that work in progress will be completed
before it's a good bill that won't dry up the
market for low-income individuals.
And just to complete Senator
Farley's comments, I was at the hearing and I
did go to the bathroom.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
6440
DeFrancisco has been recorded in the negative
earlier.
I'm sorry, Senator
Hassell-Thompson, to explain her vote. We're
going to move these darn lamps, Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: That's
okay. I thank you, Mr. President.
When Senator Santiago first began
to talk with me about this particular piece of
legislation, I was very happy to assist her in
trying to identify people who were prepared to
come and to speak at the hearings and
whatever, mainly because, as the ranker on
Consumer Protection, it was an issue that had
come to me from many sources but particularly
from the seniors in our district.
For several weeks I know you saw
AARP people here in the galleries, here in the
chambers, who came to ask our support and help
for this. And I think that we can go home, if
we haven't done anything else well this year,
we certainly can go home and tell them that we
have done something, we have struck a blow for
them in their community. And I commend both
6441
of my colleagues for an excellent job that
they have done on this piece of legislation.
I vote yes.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson will be recorded in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 55. Nays,
3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1719, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6936A and substitute it
for the identical Senate Bill Number 7810,
Third Reading Calendar 1719.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1719, by Member of the Assembly Weprin,
Assembly Print Number 6936A, an act to amend
the General Obligations Law and the Insurance
6442
Law.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: We're on
a noncontroversial reading of the calendar.
You'd like it laid aside, Senator.
Lay the bill aside.
THE SECRETARY: In relation to
Calendar Number 1720, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10456 and substitute it
for the identical Senate Bill Number 6581,
Third Reading Calendar 1720.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1720, by Member of the Assembly Weinstein,
Assembly Print Number 10456, an act to amend
the Insurance Law and the Vehicle and Traffic
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
6443
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1721, by the Assembly Committee on Rules,
Assembly Print Number 11641, an act
authorizing certain housing authorities to
sell or lease.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1722, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11694 and substitute it
for the identical Senate Bill Number 7621,
6444
Third Reading Calendar 1722.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1722, by the Assembly Committee on Rules,
Assembly Print Number 11694, an act to
authorize an extension.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1723, Senator A. Smith moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11439A and substitute it
for the identical Senate Bill Number 7447A,
Third Reading Calendar 1723.
ACTING PRESIDENT MEIER:
6445
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1723, by the Assembly Committee on Rules,
Assembly Print Number 11439A, an act
authorizing the City of New York to reconvey
its interest.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1724 -
SENATOR DOLLINGER: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
6446
1725, by Senator Marcellino, Senate Print
7686A, an act to amend the Civil Practice Law
and Rules, in relation to the commencement.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Can we accept
the message of necessity first?
SENATOR PATERSON: Yes.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SKELOS: Move to accept.
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.
The bill is laid aside.
6447
THE SECRETARY: Calendar Number
1726, by Senator Farley, Senate Print 7840, an
act to amend the Banking Law, in relation to
high-cost home loans.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect on the same -
SENATOR LIZ KRUEGER: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
6448
bill aside.
THE SECRETARY: Calendar Number
1727, by Senator LaValle, Senate Print 7841,
an act to amend the Education Law, in relation
to establishing a war on terrorism scholarship
program.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
6449
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1728, by the Assembly Committee on Rules,
Assembly Print Number 11874A, an act to amend
a chapter of the Laws of 2002.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as such
chapter of the Laws of 2002 as proposed in
legislative bill numbers Senate 7621 and
Assembly 11694.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1729, by Senator Meier, Senate Print 7807, an
act to amend the County Law, in relation to
6450
wireless communications service.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar Number 1700.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 1700.
Senator Skelos, that completes the
noncontroversial reading of Supplemental 56A.
SENATOR SKELOS: Thank you, Mr.
President. If we could now go to the
controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
6451
calendar.
THE SECRETARY: Calendar Number
269, by Senator Stafford, Senate Print 5574D,
an act to amend the Environmental Conservation
Law and others, in relation to the practice of
forestry.
SENATOR STAFFORD: Last section.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect on the first day of
November.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Stafford, Senator Hassell-Thompson has
requested an explanation.
SENATOR STAFFORD: The logging
industry is very, very important in upstate
New York. As you know, we have a lot of deer
and bear up there that live in the forests.
And there were days they used to vote them
all. I mean -- no, no. Scratch that, please.
But logging is a very, very serious
industry. And obviously timber theft is a
6452
problem, but it has to be dealt with sensibly.
The last law that was passed that we were
working under was passed in, I believe, 1910.
And the fine for taking a tree was $10 a tree.
And there are those who think that it should
be a bit more realistic. It has been changed
to $250 per tree.
Also, as probably you will realize,
if someone is in a logging operation and an
honest mistake is made, there are provisions
in the bill where we feel the industry will be
treated fairly. We do have a problem with
some communities that pass laws that cause
problems for the timber industry, and we have
provisions in the bill whereby the DEC will be
involved.
Thank you.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: This is a
good forestry bill. It permits the DEC to
come in, but it does not overrule localities.
Localities were very concerned that their
rights would be taken away by the state. And
this protects them. And it's a good forestry
6453
bill, and I'm very supportive of it.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
On the bill, Mr. President.
I want to say that I'm particularly
pleased, having worked with some of the
representatives of the forestry industry, that
they have made compromises, we have made
adjustments, under the brilliant leadership of
the steward of the North Country, but also
with many supporting cast members. And I
think we have come up with a good bill.
And I'm pleased to be able to add,
you know, one final complimentary speech to
many years of complimentary speeches to the
protector of bears and deer throughout the
state.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to speak on the bill?
Read the last section.
THE SECRETARY: Section 14. This
act shall take effect on the first day of
November.
6454
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
979, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
11852, an act to amend the Public Health Law
and others, in relation to making conforming
changes.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1681, by Senator Padavan, Senate Print 2551A,
an act to amend the Public Authorities Law, in
6455
relation to authorizing.
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT MEIER: Senator
Padavan, Senator Krueger has requested an
explanation.
SENATOR PADAVAN: This allows
various emergency services personnel access to
our bridges under the control of the
Triborough Bridge and Tunnel Authority and not
having to pay tolls. Without tolls.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would yield to a
question.
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Padavan, this would apply
to all of those people who work for various
city agencies when they were coming to and
from work, or any time they travel on a road
that was under the authority?
6456
SENATOR PADAVAN: Any time,
Senator. These are emergency personnel.
They're on call 24 hours a day, seven days a
week.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would continue to
yield, through you.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
I understand that they can be on
call 24 hours a day. But again, perhaps to
rephrase my question, would this apply to them
only when they were on their way to and from
their -
SENATOR PADAVAN: No.
SENATOR LIZ KRUEGER: So any
time -
SENATOR PADAVAN: It would apply
all the time.
SENATOR LIZ KRUEGER: So to some
6457
degree -- I'm sorry, Mr. President, through
you, if the sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: So your
bill again, since we live in a world of
E-ZPass, is the equivalent of any household
who has a member working for one of these
departments has a free E-ZPass for any toll?
SENATOR PADAVAN: On these
particular bridges and tunnels, yes.
SENATOR LIZ KRUEGER: Okay.
Mr. President, through you, if the
sponsor could continue to yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: One more
question, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Why should these people get free
6458
access to our roads when they're not on work
assignment?
SENATOR PADAVAN: As the memo
tells you, Senator, if you've had an
opportunity to read it -
SENATOR LIZ KRUEGER: No, I
didn't have an opportunity, Senator.
SENATOR PADAVAN: -- these
individuals such as police officers are on
alert at all times of day and night wherever
they may be. Therefore, we feel that it would
be prudent and expeditious to allow them
access to these particular conveyances,
bridges and tunnels, and not have to pay a
toll at any time.
SENATOR LIZ KRUEGER: Thank you,
Senator Padavan.
Mr. President, on the bill, please.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Senator
Padavan, if you had been able to tell me that
this bill was intended to speed up the process
by which these workers were able to get to
their jobs in emergency situations, then
6459
clearly you would have my support for ensuring
that police officers, firefighters, emergency
medical service paramedics, or emergency
medical service technicians had the ability to
as speedily as possible get to their jobs and
avoid paying tolls.
But in fact you explained that this
would be at any time, in any circumstance.
And since most of these tolls are for people
basically to come into the city of New York
from, I assume, their residences outside of
the city of New York, although not
exclusively, I find it hard to support your
bill that would basically give a free
transportation supplement to certain employees
in the city of New York over and above any
other employee.
The fact is that while these are
wonderful and important jobs and the people
who do them in fact do heroic work, this bill
doesn't match a specific emergency need or
even job assignment. It's simply giving them
free transportation alternatives above and
beyond what anyone else coming into the city
of New York to work would get, or other city
6460
workers.
And it's not even, as I understand
it, for work purposes. If I lived on Long
Island and chose to bring my family in to see
the theater or a museum on the weekend -
which, by the way, I hope they do, and I hope
everyone does continue to use the city of
New York for our great cultural attributes and
wonderful resources. But I don't understand
why the taxpayers should actually pay for that
service for anyone who happens to work in a
subset of types of jobs and then has to pay
tolls like everyone else.
So I have to vote against the bill
and hope that other people will think about
this.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
last year there were seven members of this
chamber who voted against this bill -
Senators Duane, Hassell-Thompson, Hevesi,
Sampson, Schneiderman, and Malcolm Smith, in
addition to myself.
6461
I want to point out that I'm not
necessarily opposed to emergency workers -
police, firefighters -- receiving this
opportunity to come into the city. If you
come into the city to go to the theater, you
are still a presence that would be fighting a
potential crime.
And since Senator Padavan is now
incommunicado and not taking any more
questions, I guess I'll just have to -
SENATOR PADAVAN: No, Senator, I
said one more from her.
SENATOR PATERSON: Ohhhh.
Well, Mr. President, would Senator
Padavan yield to one question from me?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield?
SENATOR PADAVAN: I'll be
delighted to yield to Senator Paterson.
SENATOR PATERSON: This is such a
distinct opportunity, Mr. President.
There is a regular negotiation
between the unions and the city. And it would
seem to me that at that time it would be a
good time to resolve there, not in the
6462
legislative process, what would be those
special dispensations that we might rightly
give to law enforcement and to other service
providers who we would like to encourage to
move around and be in the city.
So, Senator, the question is, why
would we not leave this to the negotiation?
SENATOR PADAVAN: Well, that's an
interesting question, Senator.
However, keeping in mind that these
bridges and tunnels come under the authority
of authorities, I don't believe that the city
could in effect, in the course of collective
bargaining, waive those tolls. It would only
be the authority we could provide to do that.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: The city is in
compliance with the idea to provide this,
Senator?
SENATOR PADAVAN: The city has
not sent any memos in opposition that I can
refer to.
SENATOR PATERSON: Mr. President,
on the bill.
6463
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: I think it
would be a good idea to look further into the
collective bargaining agreement, even though I
will take Senator Padavan's word for that.
I just have a concern that the
Triborough Bridge and Tunnel Authority right
now is the 11th largest debtor in this
country. Only eight states, New York City,
and the Metropolitan Transit Authority exceed
the amount of debt that the TBTA has. And the
question is whether or not we would want to
add to it. If we do, I would just hope it
would be not in an incremental basis, where we
provide these different services for law
enforcement officers and others who we want to
encourage. I would hope we would do it in a
way that we could all understand the great
need for their service and their presence,
which is a prelude to their service in many
instances.
But I'm just hoping that we're not
passing these pieces of legislation
incrementally and can make one agreement with
6464
those affected and then leave it at that. And
at the same time understand that we will want
to give them some privileges that the average
citizen might want to allow them to have to
encourage their participation.
ACTING PRESIDENT MEIER: Any
other Senator wish to speak on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield just to one question?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
SENATOR DOLLINGER: And I
apologize if this has been asked before,
Senator. But is there anything in the bonds
for the TBTA that says that the State of
New York or any other agency cannot interfere
with the repayment of bonds by allowing a
waiver of tolls to a particular group of
payors over the bridges and tunnels?
Oftentimes there are such provisions in the
bonds.
SENATOR PADAVAN: Senator, to my
knowledge, there are none. But I would not
6465
say that I answer your question with specific
reference.
There have been other bills over
the years dealing with waiving of tolls. And
I'm unaware of any issue being raised by
bondholders or the authority along the lines
of your question.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Schneiderman, to explain his vote.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I am constrained to vote no,
although I do appreciate the sentiment that
motivates this piece of legislation. The
reason I'm voting no is that I think that, as
made clear by my colleagues, this does
6466
essentially give a free E-ZPass to people to
use in circumstances which really have nothing
to do with public safety and security.
And I think it would have been very
easy for us to have drafted a bill that took
that into account, that did provide this
benefit to the deserving men and women in our
police department and the emergency medical
services, our firefighters, but that cured
this defect.
I'm not sure why we're not
proceeding with a bill that made it clear that
we're talking about times when people are on
duty, not just driving from their homes in
Nassau County to vacation somewhere upstate
and passing through the city. It's something
that's easily curable. I hope we will cure it
so that I can vote yes for a similar bill at
another time.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1681 are
Senators Hassell-Thompson, Hevesi, L. Krueger,
6467
Paterson, Schneiderman, A. Smith, and M.
Smith. Ayes, 51. Nays, 7.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1713, by Senator Seward, Senate Print 7816, an
act to amend the Insurance Law, in relation to
modifying.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested of
Calendar 1713 by Senator Krueger.
SENATOR SEWARD: Certainly, Mr.
President.
This bill would authorize a number
of authorities that are listed in the
legislation, and also the City of New York, to
form what's called captive insurance companies
to provide property and casualty insurance,
because of the fact that they're having
difficulty in obtaining insurance coverage in
the regular market -- particularly in the city
of New York, in and around the World Trade
Center area, the coverage for the cleanup and
6468
other activities in that area of particular
concern to the city, as well as these various
authorities, many of which operate bridges and
other difficult-to-insure-in-this-environment
assets.
Now, captive insurance companies
are insurance companies that the insurers own,
by the entities that they insure, and that
provide another insurance option, particularly
in this hard market that we find ourselves in
primarily as a result of September 11th.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you
very much for the explanation, because it did
help me. Because, as you know, I'm new, and
I'm not on the Insurance Committee, so I
wasn't that familiar with the concept of
captive insurance.
Just perhaps to clarify, again, for
6469
me, this is because private insurance
companies will no longer give certain kinds of
insurance to people in certain areas of the
state -- in this case, near the World Trade
Center, in Buffalo, Fort Erie, and also in
Roosevelt Island? So that this is a way for
us to create insurance policies for people who
can't be covered or areas that won't be
covered by the private insurance industry?
SENATOR SEWARD: Mr. President,
Senator Krueger is correct in her
understanding of the legislation.
This -- because the voluntary
market is not creating the insurance
opportunities and options for these entities,
it's a real crisis. Many of these entities
are going without insurance currently. And
the captive insurance company is an option
which this legislation would make available to
these entities which currently have no
options.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, just briefly on the
bill.
ACTING PRESIDENT MEIER: Senator
6470
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciated the explanation, Senator Seward.
And I don't know whether we have an
agreement in the Assembly or not. What helps
me in this bill -- and I just wanted to say it
on the floor -- is I do also think we have a
serious insurance crisis facing us in this
state. And I have a feeling that this is just
the beginning of an exercise that we need to
spend much more time on in the coming year.
Because I had been informed in my district
that there were people who could not get
insurance for their companies in the lower
half of Manhattan, that they could no longer
get insurance policies to cover their
businesses. They were finding that they could
not get workers' comp insurance for workers.
And what it said to me was that
given both the existing problems since
September 11th, and I think the ongoing fear
of all of us and all our constituents and
apparently of the insurance industry of the
potential for additional terrorist action,
that we really in the state of New York need
6471
to take a very serious look about what we're
doing to ensure, with an E, the ability to
continue to have insurance, with an I, for
everyone.
So I just thank you for the
clarification, and I think we need a lot more
education on this as we go along.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 19. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Seward.
SENATOR SEWARD: Very briefly, to
explain my vote.
And also I would like to just
clarify for the record that this bill would
not allow third parties other than the
authorized state entity or its affiliates to
be insured under the captive insurance
6472
companies that would be created under this
legislation.
Mr. President, I vote aye.
ACTING PRESIDENT MEIER: Senator
Seward will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1719, substituted earlier by Member of the
Assembly Weprin, Assembly Print Number 6936A,
an act to amend the General Obligations Law
and the Insurance Law.
ACTING PRESIDENT MEIER: Who
requested an explanation?
Senator Dollinger, Senator Volker
will explain the bill.
SENATOR VOLKER: Mr. President, I
am not Senator Lack, as it's pretty obvious.
He's brighter and much better looking than I
am, and he has a beard.
And he negotiated this bill, which
is an agreed-upon bill, he's been working on
it for some time, which relates to the
6473
response to the provisions of a terrorism
relief act that was passed by Congress,
HR 2884, which would impose a 40 percent tax
upon purchasers of structured settlements
after July of 2001.
What this bill does is -- there's a
statement in there that said that the states
could pass their own legislation that would
allow these structured settlements to be sold
with various restrictions. What this bill
is -- and it's a bill that's agreed upon by
the trial lawyers, by the insurance industry,
the National Association of Settlement
Purchasers. It's a bill that allows the
purchasers of structured settlements to
purchase those settlements, but subject to a
series of restrictions that protect the
consumer. And the structured settlement has
to be submitted to the court.
As I understand, the market for
these structured settlements is pretty good.
But you have to be careful, because some of
the people involved in the structured
settlements have found that they were unaware
of the fact that they could lose considerable
6474
amounts of money. And what this does is it
protects those settlement holders against
somebody who would purchase the structured
settlements and allow them to be sitting in
the lurch, as the saying goes. It allows the
possibility, if there is a fraud, of suing.
As I say, this agreement involves
virtually all the parties that could be
involved in such a settlement, and I think
it's a fair agreement to deal with this issue.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, will the sponsor yield just to
one question?
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Does this
bill deal with loans against the benefits of
structured settlements, do you know, where a
victim who's receiving the benefit takes a
loan out against -- pledges as collateral the
payments for the structured settlement?
SENATOR VOLKER: No, it doesn't,
6475
because it deals only with the sale of these
structured settlements. It does not deal with
loans against them, because that is
specifically what the federal legislation
dealt with.
SENATOR DOLLINGER: Okay.
Through you, Mr. President, just briefly; the
hour is late.
I've run into situations in my own
practice where structured settlements have
been borrowed against and they pledge them as
collateral. Which is not the same effect as
transferring them, but nonetheless runs into
the same kinds of problems. And I would just
encourage Senator Lack and our Assembly
colleagues to look at that issue as well.
When you pledge the structured
settlement and you in turn take a loan on
certain conditions, oftentimes the same kinds
of problems arise as that actually happen when
you transfer the structured settlement. And I
think this bill does and has a beneficial
purpose and serves that purpose. But the
notion of borrowing against the structured
settlement has the effect of a transfer, and
6476
it ought to be included in the next generation
of bills.
I'll vote in favor, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect July 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1724, Senator Duane moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11449B and substitute it
for the identical Senate Bill Number 7684,
Third Reading Calendar 1724.
SENATOR BALBONI: Explanation.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
6477
1724, by the Assembly Committee on Rules.
Assembly Print Number 11449B, an act
authorizing and empowering.
ACTING PRESIDENT MEIER: Senator
Duane, Senator Balboni has requested an
explanation of Calendar 1724.
SENATOR DUANE: Let me see.
(Laughter.)
SENATOR DUANE: Is this the
one -- is this that civil rights one for the
gay, lesbian, bisexual and transgendered
community?
SENATOR BALBONI: Explanation
satisfactory. On the bill.
(Laughter.)
SENATOR BALBONI: I hope that the
people can look at this bill and -- you know,
who is the Moravian Open Door Company? And
now there's a conveyance of land here. Have
you held a hearing on this bill? Have you
canvassed all the people in New York City who
might want to convey land?
I mean isn't this just, you know -
isn't this an open-and-shut case of your not
wanting to canvass all the people and you're
6478
doing this as a personal political benefit for
the Moravian Door people? I mean, I -- you
know, this really -- we should have one bill
in this state for these kind of land
conveyances. This is an outrageous thing.
We should make sure that when you
bring legislation to this floor that you've
asked everybody who could possibly want the
same relief, because you're only getting a
political benefit out of this.
And after all my outrage, I'm going
to vote yes. Thank you, Mr. President.
(Laughter.)
ACTING PRESIDENT MEIER: One
would hope no other Senator needs to be heard
on this bill.
(Laughter.)
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
6479
THE SECRETARY: Calendar Number
1725, by Senator Marcellino, Senate Print
7686A, an act to amend the Civil Practice Law
and Rules, in relation to the commencement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 71. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the negative.
SENATOR SKELOS: Party vote in
the affirmative.
THE SECRETARY: Ayes, 34. Nays,
24. Party vote with exception.
ACTING PRESIDENT MEIER: Senator
Schneiderman, why do you rise.
SENATOR SCHNEIDERMAN: Just to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman to explain his
vote.
SENATOR SCHNEIDERMAN: I think
6480
it's unfortunate that we have taken a very
good piece of legislation that I believe we
had a deal on, the Waste Higher Management
Recycling Act, and attached it to something
that the -- my colleagues on the other side of
the aisle have to know is really a poison pill
as far as the Assembly is concerned.
We do need to refinance Superfund.
We need to deal with the crisis that we're
facing in the lack of funding for our toxic
waste sites and brownfields in this state.
I'm afraid that seeing this bill at
this point in the year indicates to me that
we're not moving forward to get that job done,
and I am very disappointed that we haven't
made more progress. It's something I hope we
will do in a special session before the
elections this November.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the negative.
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: To explain
my vote, Mr. President.
ACTING PRESIDENT MEIER: Without
objection, Senator Krueger, to explain her
6481
vote.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
My colleague Mr. Balboni raised the
issue a minute ago on another small bill about
was there a public hearing. And in fact the
answer was no, and there was an argument
there. But I have to say, the Moravian coffee
pot people compared to the Superfund of the
State of New York?
So my point here is, was there a
public hearing? Is the public being allowed
to participate in one of the most important
issues on toxic waste in our state?
This bill does not do justice to
what we need in the environment. It basically
allows for the hard-topping of environmental
problems without any cleanup underneath and no
explanation about what will happen as there is
seepage underneath, on groundwater concerns,
on cracks in pavement concerns, on the entire
concept that we're going to simply pave over
contamination in the state of New York and
pretend that we did something about it.
So I am sorry that this is the bill
6482
that we are getting today, because the people
of the state of New York State so desperately
needed a real piece of legislation both
addressed in our Superfund financing issues
and a real resolution to brownfields problems.
So I am voting no with my party,
but I wish that we had a serious piece of
legislation here tonight that we could be
debating and passing, because our state and
our people deserve it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Krueger will be recorded in the negative.
SENATOR MARCELLINO: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Marcellino to explain his vote, without
objection.
SENATOR MARCELLINO: Mr.
President, I had no intention of standing up
until I heard the last speaker speak.
Obviously you haven't read the bill
or even coming close to reading the bill.
The only reason we do not have
Superfund legislation is because people in the
6483
Assembly -- not all, but people in the
Assembly refuse to come to the table and
negotiate because they do not, for political
reasons, want to give the Governor anything in
this year. This is a political situation. It
is as simple as that.
If you read this bill, Senator, it
deals with every issue you talked about.
Every single issue you talked about is
addressed in this piece of legislation. I
suggest you read the bill before you debate.
I vote aye, obviously.
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
affirmative.
The results have previously been
announced. The bill is passed.
THE SECRETARY: Calendar Number
1726, by Senator Farley, Senate Print 7840, an
act to amend the Banking Law, in relation to
high-cost home loans.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect on the same date and in
6484
the same manner as a chapter of the Laws of
2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Paterson, to explain his vote.
SENATOR PATERSON: Mr. President,
there's been a tremendous amount of work done
on this, particularly by Senator Farley, who
we should all be indebted to, and, on our
side, our ranking member on Banking, Senator
Santiago.
And this isn't going to be resolved
today. The Assembly would have to come back
and take a look at this chapter amendment. I
just want to suggest a couple of changes.
Number one, the financing of points
and fees, which is at 3 percent in the bill we
passed earlier today, is raised to 5 percent
in this bill. Consumer groups say that maybe
raising it to 4 they could live with, but 5 is
totally out of the question.
The other thing is that the
statutory cap that's put on the recovery of
6485
$15,000 to someone who is trying to pay back a
loan, to put a cap on a recovery when the
individual could have lost huge sums of money
is almost putting it in the situation where
the bean-counters recognize that you could
still involve yourself in predatory lending,
knowing that the recovery would only be
capped. I strongly suggest that that be
negotiated out for passage of the chapter
amendment.
I vote no, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson will be recorded in the negative.
SENATOR FARLEY: If I may answer
that, Senator Paterson, because I think
there's -- that is not a $15,000 cap, that's a
cap on the statutory damages. They can get
all the actual damages they want that are
there.
Number two, let me just speak about
these fees. In upstate, in Schenectady,
there's probably a thousand homes for sale
under $100,000. And those fees, if they're
that low, you will find that a broker cannot
even enter into helping these people buy a
6486
low-cost home.
I realize in Westchester, in Long
Island, in the cities and so forth,
multi-hundred-thousand-dollar homes are the
usual. They're not in many smaller upstate
places like in Buffalo and a few other places.
There's a lot of homes, there are many homes
under a hundred thousand dollars. And when
you cap those fees at that low bit, it just
excludes them from the market.
Many of these things in these
chapter amendments are things -- in this
chapter amendment are things that the Assembly
really intended to do. Preemption: very,
very important. We should have a standard.
It also does a number of things
which are so critical. First, as Senator
Santiago will tell you, in the hearing we
heard home improvement contractors dealing
with unlicensed lenders in instance after
instance. What this does is take these
unlicensed lenders and -- if they make less
than five a year, they don't have to be
licensed. This takes it down to two or three.
We also allow the Banking
6487
Department to sue, beside class actions, to
get in and protect against predatory lending
at the outset.
Believe me, this chapter amendment
is something again that the Assembly may be
looking at. The only reason we attack those
damages, Senator Paterson, is that the poor,
the minorities, the young, those with less
than perfect credit, I'm telling you right
now, with those damages -- and we heard that
in the hearing -- will be totally out of the
credit market. Right out of the market. They
will not be able to get credit.
And I think there's a reasonable
set of damages here that we can put in. And I
think this chapter amendment was meant not to
be -- whether they passed it or not, I don't
know. But I suspect the Assembly will be
approaching this chapter amendment and trying
to pass it, because it's really all for the
consumer.
Predatory lending in the secondary
subprime market does not happen upstate, I'll
tell you that. It's basically all in New York
City.
6488
ACTING PRESIDENT MEIER: Senator
Farley will be recorded in the affirmative.
Senator Krueger, to explain her
vote.
SENATOR LIZ KRUEGER: Thank you
very much, Mr. President. Thanks for
recognizing me over here also.
ACTING PRESIDENT MEIER: I would
recognize you anywhere.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: If you
don't mind, just suspend one second.
Senator Skelos.
SENATOR SKELOS: Well, I
believe -- you can stay there, but I believe
the rules of the Senate are that you have to,
when you speak, be at your desk.
SENATOR LIZ KRUEGER: I'll be
happy to go over there. Thank you, Senator.
Pardon me.
Mr. President, to speak on the bill
from my own chair. Thank you.
I think we passed a good bill
earlier today. And while I understand Senator
6489
Farley's concerns about some issues out there,
and he thinks that the chapter amendment he's
proposing now will address those, I would
argue that we passed a bill, the Assembly has
passed that bill, let's see how it works.
Let's see whether in fact the
concerns you are raising as risks in the
mortgage market turn out to be true, and then
let's revisit the question after we discover
whether in fact the bill we passed earlier
today -- and hopefully the Governor will sign
into law quickly -- addresses the problem
without creating additional ones.
And I would urge that there is not
an appropriate justification for a chapter
amendment at this point in time that would
actually reverse some of the things we
actually just put into law a few hours ago
with the original bill. So I will be voting
no, with an open mind that if in fact the law
we passed earlier, after it takes effect,
results in some outcomes we did not anticipate
that are not good for consumers, that we could
revisit that down the line.
Thank you. Thank you, Mr.
6490
President.
ACTING PRESIDENT MEIER: Senator
Krueger will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1726 are
Senators Andrews, Connor, Dollinger, Duane,
Hassell-Thompson, Hevesi, L. Krueger,
Montgomery, Onorato, Paterson, Schneiderman,
A. Smith, and Stachowski. Ayes, 45. Nays,
13.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
calendar.
THE SECRETARY: In relation to
Calendar Number 1726, also Senator Brown
voting in the negative. Ayes, 44. Nays, 14.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Mr. President,
6491
on behalf of Senator Bruno, may we please
recommit the calendar to the Committee on
Rules.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR SKELOS: And there being
no further business, I move we -- please
recognize Senator Padavan.
SENATOR PADAVAN: Thank you,
Senator.
May I be recorded in the negative
on Senate Bill 7686A.
ACTING PRESIDENT MEIER: You have
a calendar number, Senator?
SENATOR PADAVAN: Yeah, I think
that's 1725.
ACTING PRESIDENT MEIER: Without
objection, Senator Padavan will be recorded in
the negative on Calendar 1725.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until the call of the Majority Leader,
intervening days being legislative days.
ACTING PRESIDENT MEIER: On
6492
motion, the Senate stands adjourned, upon the
call of the Majority Leader. Intervening days
will be legislative days.
(Whereupon, at 6:21 p.m., the
Senate adjourned.)