Regular Session - May 20, 2003
2872
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 20, 2003
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is the
Reverend Ben Graham, pastor of the Open Bible
Baptist Church in Johnson City, New York.
Reverend Graham.
REVEREND GRAHAM: Let's pray.
Dear Heavenly Father, Lord, we love
You, God. We thank You for all You've done
for us.
And, Lord, we thank You for those
that are here today. God, we pray that You
bless them. Lord, might they make wise
decisions that will honor and glorify You.
And, Lord, we pray that they would
know that there's folks around this country,
God, around this state, that are praying for
them. Lord, they're in a pressure situation.
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But, Lord, we pray that they would make the
right decisions. Would You give them wisdom,
would You bless them, be with them and their
family.
We ask this all in Jesus' name.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 19, the Senate met pursuant to
adjournment. The Journal of Sunday, May 18,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
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SENATOR FUSCHILLO: Madam
President, thank you.
On behalf of Senator Morahan, on
page 68 I offer the following amendments to
Calendar Number 1025, Senate Print Number
2226, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: On behalf of
Senator Larkin, on page 16 I offer the
following amendments to Calendar Number 384,
Senate Print Number 953, and ask that said
bill retain its place on Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: On behalf of
Senator Skelos, on page number 41 I offer the
following amendments to Calendar Number 760,
Senate Print Number 2851, and ask that said
bill retain its place on Third Reading
2876
Calendar.
THE PRESIDENT: That amendment is
also received, and the bill will also retain
its place on the Third Reading Calendar.
SENATOR FUSCHILLO: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolution 1758.
THE PRESIDENT: The question is
on the Resolution Calendar. All in favor of
adopting the Resolution Calendar as expressed
by Senator Skelos please signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted as voted on.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time if we could take up Resolution
Number 1758, by Senator Libous, have it read
in its entirety, and move for its immediate
adoption.
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THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Libous, Legislative Resolution Number 1758,
memorializing Governor George E. Pataki to
proclaim May 20, 2003, as Senate Disabilities
Awareness Day in the State of New York.
"WHEREAS, The New York State Senate
Select Committee on the Disabled is sponsoring
the 23rd Annual Senate Disabilities Awareness
Day in Albany, New York; and
"WHEREAS, Members of this
Legislative Body have selected residents from
their districts who embody the celebrated
spirit of perseverance and determination to
'achieve through adversity' to be honored as
2003 Senate Achievers; and
"WHEREAS, In addition, a Technology
Fair will be held with exhibitors from across
the state displaying their programs; and
"WHEREAS, It is the sense of this
Legislative Body that persons with
disabilities merit our recognition as they
realize the goals of inclusion and equality in
our communities and society at large; and
2878
"WHEREAS, It is the intent of this
Legislative Body to recognize persons with
disabilities, accentuating, in turn, the
benefit to New York State of their
contributions to our economic, educational,
and social growth; and
"WHEREAS, Senate Disabilities
Awareness Day so clearly labors for the
positive and salutary definition of the
communities of the State of New York; and
"WHEREAS, Senate Disabilities
Awareness Day provides individuals with an
opportunity to acknowledge and understand the
legislative process; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim May 20,
2003, as Senate Disabilities Awareness Day in
the State of New York, fully confident that
such procedure mirrors our shared commitment
to the efflorescence of human dignity; and be
it further
"RESOLVED, that copies of this
resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
2879
the State of New York, and selected
representatives of persons with disabilities."
THE PRESIDENT: Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President.
Madam President, it is indeed an
honor for me to rise today and speak on this
resolution here in the Senate.
We had another tremendous day, over
twenty years in celebrating Legislative
Disability Awareness Day and recognizing those
individuals in our state, and over the past
two years actually having an achievers' award
ceremony. Last year was the first year that
we were able to have an achievers' award
ceremony, and certainly it was such a success
that we did it again this year.
We have many of those achievers
with us today. Some are here on the Senate
floor; others are in the gallery joining us.
And what a nice day. We learned an awful lot.
We learned that many of our achievers are
disabled and have disabilities. Some do not;
some have worked with people with disabilities
throughout their career.
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Many of our achievers were able to
succeed and contribute through their efforts
over the years. Many have lobbied presidents
of our great country, many have lobbied
members of Congress, others have lobbied the
distinguished members of this house and
certainly the Assembly, and fighting for
what's important to all individuals in
New York State with disabilities: their
rights and their dignity.
We celebrate their accomplishments
today; we celebrate their achievement.
And in this chamber we are very
proud to say that under the leadership of
Senator Bruno we have come very far in helping
people with disabilities through legislation
that we have led the way on, whether it be
reasonable accommodation in the workplace,
working on tax credits for disabled
individuals as they go into the workplace,
working with different state agencies in
trying to develop stiffer penalties for those
who violate the law when it pertains to places
they shouldn't be or they shouldn't park, as
it pertains to helping people with
2881
disabilities.
All of that has really progressed
here in this house. And we have so much more
that we really need to do.
Many of you have dedicated your
time in the Senate in helping people not only
through legislation but in individual ways. I
have been very blessed that in my 15 years,
12 of those 15 years I've had the honor and
pleasure of serving as the chairman of the
Select Committee on the Disabled. And I can
tell you that as many of you have experienced,
it has been an honor for me to be an advocate
for people with disabilities.
And I say that very strongly as we
talk about this very special Legislative
Disability Day here in the Senate, that we
must continue to be an advocate. All too
often people with disabilities are pushed
aside, they are left aside, they are not given
the same respect and rights that all citizens
of this state should be given.
So I am very pleased that you share
with me on this very special day the
opportunity to recognize not only all citizens
2882
in the state but these very special achievers
who have joined us today.
It is also a pleasure for me to
introduce to you the young lady who is to my
right, your left, who is signing for us today,
and her name is Joy Hamlin. And we've had Joy
with us for all of the day, and I just want to
say thank you to her for her efforts.
As Henry Holden once said -- Henry
Holden is an individual who is disabled, who
has dedicated his life to people with
disabilities, was our guest of honor a couple
of years ago -- Henry Holden referenced that
attitude is the only disability.
And he is correct. Attitude is the
only disability. And I thank God that we
don't have that attitude in this house in
New York State.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I rise
first to thank Senator Libous for this great
program every year. And it's really an
important program for all of us to reflect on
people with disabilities.
2883
In my mind, a person who has a
disability is someone who's not able to do
something. And all of us in this chamber are
not able to do something. We celebrated the
Syracuse basketball team a few weeks ago. I'd
love to be able to dunk the ball. But for
obvious reasons, I'm not able to do that. I'm
vertically challenged.
And all of us have our challenges.
And what we're really about in this ceremony
here today is congratulating those individuals
who, despite their challenges, have done great
things.
I just want to mention one thing,
and many of you know Ruth Brown, who is the
most famous part of the Hal Brown family --
Hal, a former assemblyman, and now his son
Jeff is here. But the most important member
of the family is Betsy Brown, who is being
honored today for her achievements. I'm very
proud to have nominated her for this award.
The main reason I'm standing is she wrote a
very short note which I think is very moving
and really shows how important this event is
for all of us.
2884
It says simply this: "Good
afternoon. I would like to thank Senator John
DeFrancisco for nominating me for this award.
It's an honor." It's more of an honor for me,
Betsy. "I'm grateful for my two brothers,
Harold and Jeff, and my sister-in-law, Gina,
for always being there when I need them.
"Last but not least, the two people
that made me the person I am today, my
parents, Ruth and Hal Brown. When I was
younger, I didn't understand some decisions
that they made, but now I realize they did
them because they love me. Thanks, Mom and
Dad, I love you. Betsy Brown."
Betsy, congratulations. You
deserve this award.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: I have been
admonished by my counsel, Keith St. John, and
by my program director, Mark Leinung, that I
should get up and welcome all of you here to
the chamber today on what we're celebrating as
Disabilities Day. I'm known as the most
disabled senator in this chamber, for a
variety of reasons --
2885
(Laughter.)
SENATOR PATERSON: -- and wanted
to let particularly all the young people know
who are here today that there is, at times, a
misperception about people who have
disabilities. There is a statement that we
just want to level the playing field because,
when the playing field is leveled, they're
just like everybody else.
And in a way, there is a uniqueness
to our culture, a uniqueness to the geographic
location in which we live, there's a
uniqueness to how we each look, how we
interact, the families we came from. And when
you have a disability, it is a uniqueness
that's added to your character. Perhaps you
are more sensitive to issues involving those
who don't have as opposed to those who do.
And certainly, without being born
that way, we must certainly congratulate
Senator Libous and Senator DeFrancisco for
their continuing efforts in this -- in this,
really, movement in America as we continually
try to make sure that all of us, regardless of
where we live or what we look like or how we
2886
grew up, what families we came from, or
regardless of what disability each of us might
have, that we can be very effective and
distinguished members of society here in this
country.
And at a time when the number of
people who are hearing-impaired constitute
only 10 percent of the workforce and people
who are visually impaired constitute only
29 percent of the workforce, obviously there's
an underutilized wealth in this country. If
there was some oil somewhere, we would
immediately dig for it. If it was
subterranean, we would bring in cranes and dig
as far down until we found that rich quantity
that would help our society.
Well, right here above sea level
there are thousands if not millions of people
who have a gift that they can offer to our
society. And what we have to do as government
officials is to make sure that they have all
the skills, training, and resources to bring
them to the point that they can excel to the
best of their ability, and to understand that
this investment will make our society, rich as
2887
it is compared to the other nations of the
world, the most superior society that our
planet has ever seen.
And we do this with the
understanding that it is something that
enables the individual to reach the true goals
that one can, and it allows our society to
flourish in the way that it can.
So I welcome all of you here to the
chamber in Albany. And I'm looking forward to
the day when we set up a high chair and let
Senator DeFrancisco dunk just once in his
life.
(Laughter.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
as the chamber knows, generally we do not do
individual introductions of our guests. So on
behalf of Senator Bruno and I think the entire
Senate, we'd like to invite and thank all of
the achievers for being here today and
certainly congratulate Senator Libous for
putting this fine program together.
I'd like to mention that, David
Paterson, your suit is absolutely beautiful
2888
today. It's -- Senator Bonacic, if you could
see Senator Paterson's suit.
(Laughter.)
SENATOR SKELOS: But it is
absolutely beautiful.
And it's also fitting that it's
your birthday today, Senator Paterson's
birthday.
(Applause.)
SENATOR SKELOS: And let me also
mention that it is also Senator Marchi's 82nd
birthday.
(Applause.)
SENATOR SKELOS: And I should
also point out that he has been serving in
this chamber since 1957, and he is the
longest-serving state legislator in this
country. Any country. Any country.
(Applause.)
SENATOR SKELOS: And we wish both
of you a very, very happy birthday.
(Applause.)
SENATOR SKELOS: At this time,
Madam President, if we could pass the
resolution.
2889
THE PRESIDENT: All those in
favor of the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
SENATOR SKELOS: Thank you, Madam
President.
THE PRESIDENT: The Secretary
will read the noncontroversial calendar.
SENATOR SKELOS: I'd also like to
welcome Senator Paterson to the good side.
(Applause and catcalls.)
SENATOR SKELOS: If we could go
to the noncontroversial reading of the
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
472, by Senator Meier, Senate Print 1276, an
act to amend the Town Law, in relation to
increasing the amount.
THE PRESIDENT: Read the last
2890
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Will the Senators
place take their conversations out of the
chamber.
The Secretary will continue to
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
it's an exciting day. Number one, I neglected
to open up the resolution by Senator Libous to
the entire Senate. If anybody does not wish
to be on the resolution, they should notify
the desk.
And if we could now proceed, with
decorum, with the reading of the
noncontroversial calendar.
THE PRESIDENT: Any member who
does not wish to cosponsor the last resolution
that was passed please notify the desk.
The Secretary will continue to
read.
2891
THE SECRETARY: Calendar Number
472, by Senator Meier, Senate Print 1276, an
act to amend the Town Law, in relation to
increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
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
500, by Senator Velella, Senate Print 4169, an
act to amend the Workers' Compensation Law, in
relation to the death benefits for police
officers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
2892
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Balboni.
SENATOR BALBONI: Yes, Mr.
President, I'd like to announce an immediate
meeting of the Children and Families Committee
in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Children and Families
Committee in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
510, by Senator Hoffmann, Senate Print 4825,
an act to amend the Agriculture and Markets
Law, in relation to domestic animal health.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
2893
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
554, by Senator Velella, Senate Print 4349, an
act to amend the Retirement and Social
Security Law and the General Municipal Law, in
relation to certain impairments.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
615, by Senator McGee, Senate Print 2859, an
act to amend the Vehicle and Traffic Law, in
relation to the definition of a drug.
ACTING PRESIDENT MEIER: Read the
last section.
2894
THE SECRETARY: Section 4. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
616, by Senator McGee, Senate Print 3518, an
act to amend the Vehicle and Traffic Law, in
relation to requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
2895
THE SECRETARY: Calendar Number
638, by Member of the Assembly Tocci, Assembly
Print Number 6634, an act to amend the Public
Authorities Law, in relation to advertising
devices.
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
649, by Senator Golden, Senate Print 3972A, an
act to amend the Penal Law, in relation to
financial exploitation of the elderly.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
2896
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
655, by Senator Volker, Senate Print 4814, an
act to amend the Penal Law, in relation to the
causing of the death of a peace officer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 90th day.
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
660, by Member of the Assembly Rivera,
Assembly Print Number 6271, an act to amend
Chapter 383 of the Laws of 1991.
ACTING PRESIDENT MEIER: Read the
last section.
2897
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
661, by Senator Farley, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
662, by Senator DeFrancisco, Senate Print
3345 --
SENATOR VELELLA: Lay it aside
for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
663, by Senator Marchi, Senate Print 3417, an
act to amend the Not-for-Profit Corporation
Law, in relation to the reacquisition.
2898
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, 56. Nays,
2. Senators Maltese and Stavisky recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
667, by Senator Flanagan, Senate Print 4220,
an act to amend the Public Authorities Law, in
relation to clarifying the provisions.
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
2899
is passed.
THE SECRETARY: Calendar Number
756, by Senator Skelos, Senate Print 2553, an
act authorizing the assessor of the County of
Nassau.
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, 57. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
758, by Senator Marcellino, Senate Print 2563,
an act in relation to authorizing the Village
of Upper Brookville.
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.
2900
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
763, by Senator Little, Senate Print 4856, an
act to amend the General Municipal Law, in
relation to changing the name of the Glens
Falls Urban Renewal Agency.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
793, by Senator Maziarz, Senate Print 4987, an
act to amend the Vehicle and Traffic Law, in
relation to repeat convictions.
2901
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
794, by Senator Fuschillo, Senate Print 4988,
an act to amend the Vehicle and Traffic Law,
in relation to adding aggravated vehicular
assault.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
2902
is passed.
THE SECRETARY: Calendar Number
795, by Senator Flanagan, Senate Print 4990,
an act to amend the Navigation Law, in
relation to lowering the threshold.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
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
796, by Senator Golden, Senate Print 4992, an
act to amend the Vehicle and Traffic Law, in
relation to reducing the blood alcohol level
threshold.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
2903
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
853, by Senator Libous, Senate Print 2577, an
act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
859, by Senator Nozzolio, Senate Print 3026,
an act to authorize the Erie Canal Cultural
Center, Inc.
ACTING PRESIDENT MEIER: Read the
2904
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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
935, by Senator Maziarz, Senate Print 4991, an
act to amend the Parks, Recreation and
Historic Preservation Law, in relation to
lowering the threshold.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
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
2905
967, by Senator Larkin, Senate Print 1382, an
act to amend the General Municipal Law and the
Town Law, in relation to the continuation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 180th day.
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
975, by Senator Skelos, Senate Print 2673, an
act authorizing the assessor of the County of
Nassau to accept an application.
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, 57. Nays,
2906
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
978, by Senator Skelos, Senate Print 2852, an
act authorizing the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
982, by Senator Seward, Senate Print 3253, an
act making certain findings and determinations
with respect to a certain revenue.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
2907
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
986, by Senator Balboni, Senate Print 3758, an
act to amend the Town Law, in relation to
including the Westbury fire district.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
991, by Senator Saland, Senate Print 4045, an
act to authorize and direct the County of
2908
Dutchess to waive interest and penalties.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1033, by Senator Robach, Senate Print 4989, an
act to amend the Penal Law, in relation to
aggravated vehicular assault and vehicular
murder.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
2909
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
we're going to move to the controversial
reading of the calendar.
There's one bill on by Senator
Farley. Senator Krueger has asked for an
explanation. She is in the committee meeting
right now. So we'll just stand at ease
pending the return of Senator Krueger.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:40 p.m.)
(Whereupon, the Senate reconvened
at 3:45 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Please call up
Calendar Number 661, by Senator Farley.
ACTING PRESIDENT MEIER: The
2910
Secretary will read Calendar Number 661.
THE SECRETARY: Calendar Number
661, by Senator Farley, Senate Print 2890, an
act to amend the Public Authorities Law and
the Social Services Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Farley, Senator Krueger has asked for an
explanation of Calendar Number 661.
SENATOR FARLEY: Thank you, Mr.
President.
Senator Krueger, this bill would
establish a mechanism for low-cost Dormitory
Authority financing for the residential
facilities operated by these non-for-profit
schools that are serving troubled youngsters.
Currently, there is a parallel
mechanism for the financing of the educational
part of the facility of these schools that's
already in the law. These non-for-profit
schools, such as in my district there's
Northeast Parent and Child, they operate
residential facilities, programs for children
that need particular supervision.
2911
Their educational component is
regulated by the State Education Department,
and the residential component is regulated by
the Office of Children and Family Services.
These are funded through tuition paid for by
the school district or the social services
district responsible for the child.
Since 1991, these schools have been
able to access the Dormitory Authority for
financing of their educational facilities.
But the Public Authorities Law creates an
accountability, including state approval of
plans and specs and all of that stuff. The
state, until full payment is made, reports to
the legislative fiscal committees. This bill
parallels this Dormitory Authority financing
for residential facilities.
This bill passed this house
unanimously in 2001, but it was vetoed by the
Governor. This version here responds to the
fiscal elements of the veto by pushing the
effective date to the next state fiscal year,
ensuring adjustment of the state aid to
compensate the local schools and the social
services district for any increased tuition
2912
cost.
It's sponsored in the Assembly.
There's been no known opposition to it
necessarily, that I know of.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield to a question.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield?
SENATOR FARLEY: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Senator
Farley, as I understand your explanation, at
some point in time there's a price tag
attached to this bill. How much money would
be expected to be contributed, and in what
way, through the state budget to pay for this
additional expansion of not-for-profit schools
having their residences covered under the
Dormitory Authority?
SENATOR FARLEY: The fiscal
impact note -- well, it would -- that's a
2913
figure that is very difficult for me to come
up with precisely, because it would depend on
how many schools finance through the Dormitory
Authority.
That's just -- that is an authority
that provides money for their construction and
their capital. I don't see that there would
be a tremendous cost to the State of New York
on that. That's a cost, if you will, to the
Dormitory Authority.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
yield again.
ACTING PRESIDENT MEIER: Senator
Farley, do you continue to yield?
SENATOR FARLEY: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Senator Farley. It may be my lack
of understanding of Dormitory funding, but in
fact in this bill it would be authorizing the
Dormitory Authority to --
SENATOR FARLEY: To provide these
loans.
2914
SENATOR LIZ KRUEGER: -- to
borrow additional money to build these
facilities for the schools, or to loan the
money to the schools?
SENATOR FARLEY: Yes, to loan the
money to these schools at a low rate, so that
they -- they already can do this for their
educational part, but they need to house these
youngsters, and this is for their residences.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the sponsor
would yield again.
ACTING PRESIDENT MEIER: Senator
Farley, do you continue to yield?
SENATOR FARLEY: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So again, for my clarification, is
there a limit on how much the Dormitory
Authority can go out into the market and
borrow and then loan at low cost?
Is it an endless amount of money
that the Dormitory Authority can continue to
borrow and loan for these kinds of expanded
2915
purposes, or is there a limit in our law
somewhere on this?
SENATOR FARLEY: Well, you know,
there's a limit on everything. And I presume
the Dormitory Authority says that we are
stretched so they can't sell their bonds or
whatever they do to raise their money.
But by and large, the Dormitory
Authority would have to review the request
from the facility to make sure that they feel
that this is a worthwhile project and a few
other things, and it's audited and checked on.
But by and large, I don't know that
there's any -- I could say that there's a
limit how much they would lend to these
not-for-profit schools or what is the lending
authority of the Dormitory Authority.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
yield to one more question.
ACTING PRESIDENT MEIER: Senator
Farley, will you yield for one more question?
SENATOR FARLEY: Yes, go ahead.
ACTING PRESIDENT MEIER: The
sponsor yields.
2916
SENATOR LIZ KRUEGER: Thank you.
Senator Farley, in your bill on
page 5, Section 5, there's a listing of
not-for-profit schools and corporations who
are eligible, I assume, under the existing
authority.
Is this the only list of schools
who would be eligible for this new, expanded
Dormitory Authority funding for their
residential facilities as well? Or would this
be a broader universe?
SENATOR FARLEY: I understand
that there would be a broader list of schools
that would be eligible. And that's the
purpose of the law.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill briefly.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I'm certainly not opposed to
providing further assistance from the state to
ensure that our not-for-profit schools or our
schools anywhere in the state can provide the
educational services and, in this case, the
2917
residential services that the children need.
But I am going to vote against the
bill, because I have to ask the question why
are we piecemeal making decisions about
broad-based issues around borrowing money,
off-budget authorities, broadening, I think
much further, the definition of what was
originally intended by the state of the use of
the Dormitory Authority.
And I think that it is well worth
this house and both houses taking a look at
how we make decisions about approving expanded
borrowing by the State of New York, how we
make decisions in a piecemeal fashion about
giving authority, off-budget, to off-budget
authorities such as the Dormitory Authority to
borrow money and make loans, and how we make
the decisions about how we prioritize the role
of the State of New York to some degree as a
banking operation in its own right.
So while I have no opposition
per se to any of these schools or the purpose
that they serve in providing assistance to our
children with special needs or the concept of
needing residential facilities, I do have to
2918
ask the question and I hope all of us will
start asking the question about how we pass
piecemeal legislation in this house around the
use of approval for off-budget authorities to
make fiscal decisions and borrowing decisions
and loaning decisions that do not go through
the normal budget process or have any review
by the Legislature over time.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: On the bill.
ACTING PRESIDENT MEIER: Senator
Farley, on the bill.
SENATOR FARLEY: You know, the
whole purpose of the Dormitory Authority is to
help institutions such as this to provide
funding for them so that they can serve their
people and their clients.
And, you know, I'm not an expert in
the Dormitory Authority, but this is not
really the State of New York going into
borrowing, it's providing a facility for these
schools and so forth.
Certainly the educational part of
2919
these schools is terribly important, but they
can't educate these children if they can't
house them. And this provides a mechanism at
a low cost to the taxpayers, or whoever you
want to say, to be able to provide residential
facilities for these youngsters in these
schools through an authority that we set up.
And that's their main purpose for being.
I think it's a good piece of
legislation, and it's just one that -- one
area that has not been addressed that should
have been addressed, because it's a particular
school for troubled youngsters and they have
to have a place to live if they're going to go
to school.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first of April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator L. Krueger recorded in the
negative.
2920
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino, that completes
the calendar.
SENATOR MARCELLINO: Thank you,
Mr. President. Is there any housekeeping at
the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR MARCELLINO: In that
case, if we could just hold on for a second.
Mr. President, while we're waiting,
could we recognize Senator Montgomery.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes,
Mr. President. I would like unanimous consent
to be recorded in the negative on
Calendar 616.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 616.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I move that we adjourn until
2921
Wednesday, May 21st, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, May 21st, at 11:00 a.m.
(Whereupon, at 4:00 p.m., the
Senate adjourned.)