Regular Session - June 2, 2003
3368
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 2, 2003
3:20 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will please come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: 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,
Friday, May 30, the Senate met pursuant to
adjournment. The Journal of Thursday, May 29,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
SENATOR KUHL: Mr. President.
3370
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. We'd like to call an immediate
meeting of the Rules Committee in the Majority
Conference Room, Room 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Senate Majority Conference Room.
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 Wright.
SENATOR WRIGHT: Mr. President,
amendments are offered to the following Third
Reading Calendar bills:
Sponsored by Senator Trunzo,
page number 10, Calendar Number 239, Senate
Print Number 1371.
Sponsored by Senator Velella,
page number 21, Calendar Number 523, Senate
3371
Print Number 4377A.
Sponsored by Senator McGee,
page 21, Calendar Number 527, Senate Print
2768.
Senator Alesi, page 25, Calendar
Number 618, Senate Print 4420.
Senator Bonacic, page 32, Calendar
746, Senate Print Number 1126.
Senator Kuhl, page 34, Calendar
Number 774, Senate Print Number 4720.
Senator Nozzolio, page 36, Calendar
Number 799, Senate Print Number 1932.
Senator Johnson, page 42, Calendar
Number 880, Senate Print Number 2476.
Senator Skelos, page number 47,
Calendar Number 956, Senate Print 3343A.
Senator McGee, page 54, Calendar
Number 414, Senate Print Number 2754.
Senator LaValle, page 51, Calendar
Number 1008, Senate Print 808.
Senator Maziarz, page 44, Calendar
Number 912, Senate Print Number 4872A.
Mr. President, I now move that
these bills retain their place on the order of
third reading.
3372
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. I understand that there's a
privileged resolution by Senator Malcolm Smith
at this desk. I ask that the title only be
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator M.
Smith, Legislative Resolution Number 1944,
commending Ted Bittle for his valiant military
service during Operation Iraqi Freedom.
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.
3373
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, we've just had an indication from
Senator Smith that he would like to have that
resolution opened up to the entire body.
And could we follow the same
procedure relative to that.
ACTING PRESIDENT MEIER: Very
well. The resolution is open to the entire
body according to the usual procedure.
Senator Kuhl.
SENATOR KUHL: Would you
recognize Senator Volker at this time for an
introduction.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
we have a distinguished individual here who is
one of the most outstanding citizens of
Ireland.
As the vice chairman of the
American Irish Legislators, I'm very proud to
be able to say that we have in our midst today
the ambassador and consul general to New York
for Ireland, who's right up in front there.
3374
He has been one of the most
distinguished citizens of Ireland and has been
through many missions throughout the world,
including London. He's here today to survey
our legislative chambers. And we're so happy
to have him here.
And I would like to say that we are
honored to have you here. And if there's
anything that we can do for Ireland, those of
us that are of Irish descent would be happy to
do that.
So congratulations, and thank you
for coming. Eugene Hutchinson --
(Applause.)
SENATOR VOLKER: -- is the consul
general of Ireland as well as the ambassador
to New York.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are.
SENATOR KUHL: Could we take up
those substitutions at this time.
3375
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 38,
Senator Velella moves to discharge, from the
Committee on Rules, Assembly Bill Number 7211A
and substitute it for the identical Senate
Bill Number 4208, Third Reading Calendar 827.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, could we now have the
noncontroversial reading of the calendar.
ACTING PRESIDENT MEIER: Senator
Kuhl, we have one motion. May we stay on
motions and resolutions.
SENATOR KUHL: Let's take it up.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Yes, thank you,
Mr. President.
On behalf of Senator Maziarz, I
wish to call up his bill, Print Number 565B,
which was recalled from the Assembly, which is
now at the desk.
3376
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
765, by Senator Maziarz, Senate Print 565B, an
act to amend the Real Property Law.
SENATOR FARLEY: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Kuhl.
SENATOR KUHL: Noncontroversial
reading of the calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
3377
18, by Senator Skelos, Senate Print 277, an
act to amend the Penal Law, in relation to
failure to report a sexual assault of a child.
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, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
232, by Senator Kuhl, Senate Print 2060, an
act to amend the Education Law, in relation to
home instruction.
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.)
3378
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
278, by Member of the Assembly Higgins,
Assembly Print Number 5422A, an act to amend
the Criminal Procedure Law, in relation to
designating public safety officers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
285, by Senator Larkin, Senate Print 1081, an
act to amend the General Municipal Law, in
relation to reconstituting the Town of New
Windsor Industrial Development Agency.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
3379
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
347, by Senator Seward, Senate Print 3312, an
act to amend the Insurance Law, in relation to
accounting of certain assets by certain
insurers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3380
416, by Senator Libous, Senate Print 3021, an
act to amend the Highway Law, in relation to
certain purchases by the Town of Colesville.
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 on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
425, by Senator Rath --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
450, by Member of the Assembly Galef, Assembly
Print Number 6439, an act to amend the
Criminal Procedure Law, in relation to
designating watershed protection.
3381
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
518, by Senator Little, Senate Print 3383,
Concurrent Resolution of the Senate and
Assembly proposing an amendment to Section 5
of Article 8 of the Constitution.
ACTING PRESIDENT MEIER: Call the
roll on the concurrent resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The
resolution is adopted.
THE SECRETARY: Calendar Number
607, by Senator Rath, Senate Print 3567, an
act to amend the Family Court Act, in relation
3382
to suspended judgments.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
664, by Senator Marchi, Senate Print 3418, an
act to amend the Not-for-Profit Corporation
Law, in relation to authorizing the
expenditure.
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, 59. Nays,
1. Senator Duane recorded in the negative.
3383
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
672, by Senator Leibell, Senate Print 4838, an
act to amend the Public Authorities Law, in
relation to the special powers of the New York
State Environmental Facilities Corporation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
782, by Senator Seward, Senate Print 3878A, an
act to amend Chapter 650 of the Laws of 1998
amending the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3384
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
797, by Senator Maziarz, Senate Print 926A, an
act to amend the General Municipal Law, in
relation to allowing games of chance to be
conducted on New Year's Eve.
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.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Padavan recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
800, by Senator Larkin, Senate Print 2128, an
act to amend the Racing, Pari-Mutuel Wagering
3385
and Breeding Law, in relation to allotting
dates.
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
829, by Senator Velella, Senate Print 4569, an
act to amend the Workers' Compensation Law, in
relation to the presumption of certain
diseases.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
830, by Senator Velella, Senate Print 4570, an
act to amend the Workers' Compensation Law, in
relation to the presumption of certain
diseases contracted by security hospital
treatment assistants.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
3386
THE SECRETARY: Calendar Number
857, by Senator Saland, Senate Print 2793, an
act to amend the State Finance Law, in
relation to providing.
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.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
869, by Senator Volker, Senate Print 426, an
act to amend the Vehicle and Traffic Law, in
relation to aggravated unlicensed operation.
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.
3387
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
879, by Senator Fuschillo, Senate Print 2333,
an act to amend the Vehicle and Traffic Law,
in relation to criminal history checks.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
902, by Senator Velella, Senate Print 3132, an
act to amend the Criminal Procedure Law, in
relation to extending certain powers granted.
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.)
3388
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
933, by Senator LaValle, Senate Print 4516, an
act to amend Chapter 453 of the Laws of 2000
amending the Parks, Recreation and Historic
Preservation Law.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
971, by Member of the Assembly Magee, Assembly
Print Number 1812A, an act to amend the
General Municipal Law, in relation to
enhancing ambulance mutual aid.
ACTING PRESIDENT MEIER: Read the
last section.
3389
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
976, by Senator McGee, Senate Print 2771, an
act to amend the General Municipal Law, in
relation to intermunicipal cooperative
agreements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
979, by Senator Saland, Senate Print 2964, an
3390
act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
988, by Senator Marcellino, Senate Print
3877A, an act to establish the Brookville
Library Funding District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
3391
is passed.
THE SECRETARY: Calendar Number
990, by Senator Golden, Senate Print 3968, an
act to amend Chapter 680 of the Laws of 1996,
amending the General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
992, by Senator Wright, Senate Print 4062, an
act to amend --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
998, by Senator Flanagan, Senate Print 4578,
an act to amend the Village Law, the Town Law,
3392
the General City Law, and the Not-for-Profit
Corporation Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1000, by Senator Little, Senate Print 4925, an
act to amend the Local Finance Law, in
relation to statutory installment bonds.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1004, by Senator Larkin, Senate Print 1968A,
an act to amend the Economic Development Law,
3393
in relation to promoting --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1005, by Senator Kuhl, Senate Print 2734, an
act to amend the Alcoholic Beverage Control
Law, in relation to licensed wineries and farm
wineries.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1006, by Senator Saland, Senate Print 3613, an
act to amend the Alcoholic Beverage Control
Law, in relation to authorizing the granting
of liquor licenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3394
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1007, by Senator Flanagan, Senate Print 4075,
an act to amend the State Administrative
Procedure Act, in relation to the comment
period for proposed rules.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1022, by Senator Libous, Senate Print 3614, an
act to amend the Mental Hygiene Law and the
Executive Law, in relation to requiring
providers.
3395
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1026, by Senator Alesi, Senate Print 2960, an
act to amend the General Municipal Law, in
relation to raising certain limitations.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Thank you, Mr.
President. Could you recognize Senator
3396
Marcellino.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
800.
ACTING PRESIDENT MEIER: Without
objection, Senator Marcellino will be recorded
in the negative on Calendar 800.
Oh, that -- Senator Marcellino,
that bill was laid aside.
SENATOR MARCELLINO: I'm sorry,
Mr. President, I misspoke. 797.
ACTING PRESIDENT MEIER: Without
objection, Senator Marcellino will be recorded
in the negative on Calendar 797.
Senator Kuhl.
SENATOR KUHL: Can we get a
little order in the house first, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I'd like unanimous consent to be
3397
recorded in the negative on Calendar Numbers
278 and 285, if they were called while I was
in Rules.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendars 278 and 285.
SENATOR DUANE: Thank you.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President, may we now return to the order of
motions and resolutions.
This house previously adopted
Resolution Number 1217, a privileged
resolution by Senator Farley. Could we ask
that the resolution be read in its entirety
and then recognize Senator Farley to speak on
the resolution.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read Resolution
1217.
THE SECRETARY: By Senator
Farley, Legislative Resolution Number 1217,
honoring Wilfred Kraft for his many years of
3398
dedicated service to the Village of St.
Johnsville.
"WHEREAS, The State of New York
takes great pride in acknowledging significant
milestones in the distinguished careers of its
esteemed public servants; and
"WHEREAS, Wilfred Kraft retired as
mayor of the Village of St. Johnsville on
April 7, 2003; and
"WHEREAS, Wilfred began his service
to the village as a firefighter on January 31,
1941. He still serves as chaplain and fire
police; and
"WHEREAS, He served his country
with honor in the United States Army Air Force
from March of 1942 until March of 1946; and
"WHEREAS, Wilfred was elected
trustee in April of 1952. He began his first
tenure as mayor in April of 1953, and served
until April of 1965; and
"WHEREAS, Wilfred returned to the
mayor's office in April of 1969 and served
another 18 years. In 1991, Wilfred Kraft was
once again elected village trustee and served
until April of 1999. In 1999, Wilfred again
3399
became mayor, a position he held until his
retirement in 2003; and
"WHEREAS, After his retirement he
was appointed trustee and deputy mayor by
Mayor James Kierzinski; and
"WHEREAS, Wilfred has also served
on the Community Development Agency Board. He
is a dedicated member of the Masonic Lodge
Number 611, VFW Post Number 03275, and
American Legion Post Number 168; and
"WHEREAS, His expertise, dedication
and enthusiasm are tremendous assets to the
Village of St. Johnsville and an enormous
inspiration to his colleagues; now, therefore,
be it
"RESOLVED, That this Legislative
Body pause in its deliberations to recognize
Wilfred Kraft for his many years of dedicated
service to the Village of St. Johnsville; and
be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Wilfred Kraft."
ACTING PRESIDENT MEIER: Senator
Farley.
3400
SENATOR FARLEY: Thank you very
much, Mr. President.
We have a unique young man up there
in the gallery in Mayor Wilfred Kraft. Let me
just say something.
This is a fellow that's the
longest-serving mayor in the state of
New York -- 34 years. And believe it or not,
he has been a volunteer fireman for 64 years.
He's not only my friend, but he's
retired as mayor, but he's serving as trustee,
village trustee and deputy mayor under our new
mayor, who is also there with him, Mayor James
Kierzinski from St. Johnsville.
This is a really a remarkable
fellow that I've marched in parades with over
the years. He's still in great shape.
And what an honor it is to have you
here in the Senate, Wilfred. He's been
honored by the New York State Assembly just
prior to this. But I'll tell you, we're
honored to have you here today.
And on behalf of the New York State
Senate, Mr. President, I wish you would
welcome him and also Mayor Kierzinski, who is
3401
with him in the gallery.
Thank you very much.
ACTING PRESIDENT MEIER: The
resolution was previously adopted.
Mayor, we welcome you and give you
the best wishes of the New York State Senate.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. As long as we're on motions and
resolutions, I understand there's a report of
the Rules Committee at the desk. I'd ask the
Secretary to read it at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the report of the Rules
Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills direct to third reading:
Senate Print 417, by Senator
Bonacic, an act to amend the Vehicle and
Traffic Law;
701, by Senator Wright, an act to
amend the Public Authorities Law;
3402
988, by Senator Leibell, an act
authorizing the Pawling Central School
District;
1013, by Senator Kuhl, an act to
amend the Education Law;
1053, by Senator Fuschillo, an act
to authorize the Long Island Progressive
Baptist Association;
1165, by Senator Stachowski, an act
to amend the Penal Law;
1185, by Senator Larkin, an act to
amend the General Municipal Law;
1502A, by Senator Trunzo, an act to
amend the General Municipal Law;
1505, by Senator Golden, an act to
amend the Vehicle and Traffic Law;
1793, by Senator LaValle, an act to
amend the Real Property Actions and
Proceedings Law;
1922, by Senator Spano, an act
authorizing the Village of Pleasantville;
2057, by Senator Flanagan, an act
to authorize the State University of New York;
2099, by Senator Marcellino, an act
to amend the General Business Law;
3403
2244, by Senator Kuhl, an act to
amend the County Law;
2309, by Senator Kuhl, an act to
amend the General Municipal Law;
2526, by Senator Trunzo, an act in
relation to requiring;
And Senate Print 2575, by Senator
Skelos, an act to amend the Tax Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Move to adopt the
report of the Rules Committee.
ACTING PRESIDENT MEIER: All 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 Kuhl.
SENATOR KUHL: Mr. President,
3404
could we now go to the controversial reading
of the calendar. And could you start with
Calendar Number 992, by Senator Wright, and
then start at the beginning of the
controversial reading and continue straight
forward thereafter.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar, beginning with Calendar 992 and then
in regular order.
THE SECRETARY: Calendar Number
992, by Senator Wright, Senate Print 4062, an
act to amend the General Municipal Law, in
relation to extending the benefits.
SENATOR MONTGOMERY: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Wright, Senator Montgomery has requested an
explanation of Calendar 992.
SENATOR WRIGHT: Thank you, Mr.
President.
We're amending the General
Municipal Law to include the agricultural
cooperatives as eligible firms under the
New York State Empire Zone program.
3405
SENATOR MONTGOMERY: Thank you.
Mr. President, I believe that
Senator Krueger -- we're trying to locate
her -- had a question for Senator Wright on
this bill.
Explanation satisfactory, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
425, by Senator Rath, Senate Print 3571, an
act to amend the Social Services Law, in
relation to conditional surrenders of
children.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
3406
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, Senator Montgomery has requested an
explanation of Calendar 425.
SENATOR RATH: Mr. President,
Senator Montgomery, this bill was introduced
at the request of the chief administrative
judge upon the recommendation of the Family
Court Advisory and Rules Committee. And it
makes a correction to Chapter 76 of the Laws
of 2002 regarding conditional surrender of
children.
And the bill is simply clarifying
that if an authorized agency has already fully
investigated the designated individual, it's
not required to duplicate this full
investigation.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Explanation
satisfactory.
ACTING PRESIDENT MEIER: Read the
3407
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, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
800, by Senator Larkin, Senate Print 2128 --
SENATOR KUHL: Lay it aside
temporarily.
THE SECRETARY: Calendar Number
829, by Senator Velella, Senate Print 4569, an
act to amend the Workers' Compensation Law, in
relation to the presumption of certain
diseases contracted.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Velella, Senator Montgomery has requested an
explanation of Calendar 829.
SENATOR VELELLA: Yes, this bill
and the one that follows it provide for a
3408
presumption in law for safety and security
officers in the Office of Mental Hygiene. And
the next one provides for security hospital
treatment assistants.
And this presumption is provided
under the Workers' Compensation Law, to
presume that an injury which is received by a
worker who is exposed to the blood or bodily
fluid of another individual while in the
course of performing their duties who are
subsequently designated or diagnosed with a
bloodborne disease would be covered by the
Workers' Compensation Law.
It is the same exact provision that
we make for correction officers. And this
would now apply to these two types of
Department of Mental Hygiene employees who
deal with transporting people who may be sick
and in the course of transporting them may be
exposed to these dangerous bodily fluids.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Thank you,
Senator Velella. I just -- I know there were
some questions regarding why we are doing
3409
this. I understand now. Your explanation is
very satisfactory.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
This bill provides for two
categories of workers to receive a 75 percent
pension if that person is injured in the
course of his or her duties.
And I am very grateful to Senator
Velella for putting forward such an
enlightened pair of bills on this, as he did
last year with local corrections officers.
This type of bill does not send a message
which, sadly, we had seen in some previous
bills, that you could get, for instance, HIV
3410
by just getting into contact with a person
who's infected with HIV, but in fact has
precautions and safeguards to make sure that
that kind of message is not being sent to
people.
So I am voting in favor of these
two, and I'm also hopeful that future
bloodborne-disease presumption bills will
include similar language which does not
perpetuate stereotypes and at the same time
provides needed protections for workers to
make sure that they can survive despite having
a debilitating disease, with enough money and
benefits.
Thank you, Mr. President. I'm
voting yes on both.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
830, by Senator Velella, Senate Print 4570, an
act to amend the Workers' Compensation Law, in
3411
relation to the presumption of certain
diseases.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
879, by Senator Fuschillo, Senate Print 2333,
an act to amend the Vehicle and Traffic Law,
in relation to criminal history checks.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Fuschillo, Senator Montgomery has requested an
explanation of Calendar 879.
SENATOR FUSCHILLO: Thank you,
Mr. President.
This bill has come up before in
this house, and I vow to Senator Montgomery
that I will not give up on this bill until the
3412
Assembly takes it upon themselves. It would
require mandatory criminal background checks
for school bus attendants.
Current state law, as stated in
previous debates on this floor, require
criminal background checks for school bus
drivers. And it's been very successful.
There have been more than 1,000
disqualifications of school bus drivers,
applicants in the State of New York, for
various reasons.
As you know, the Laws of 2000 in
New York State require criminal background
checks now for all school employees. As an
added level of safety for the children who
ride on the school buses, I again will
continue to move forward with this legislation
until the Assembly does it.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Thank you,
Mr. President. I'd like to ask a couple of
questions of the sponsor.
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you yield for a question?
3413
SENATOR FUSCHILLO: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Yes.
Senator Fuschillo, what is the average salary
of a school bus attendant? Is it minimum
wage, approximately, around there?
SENATOR FUSCHILLO: Yeah, on an
hourly basis. Yes.
SENATOR MONTGOMERY: All right.
Senator Fuschillo, I'm just wondering of the
school bus attendants that are now employed by
districts across the state, do you have any
idea of how many of them currently are --
possibly would lose their jobs if they were
fingerprinted?
You indicate in your memo that it's
been successful and that nearly 1,000
applicants were disqualified. Is that
New York State, or does that mirror what would
possibly happen in New York State?
SENATOR FUSCHILLO: I don't know.
And I think that's pretty hard to determine
unless you check the criminal background check
of every current school bus attendant that is
3414
employed right now.
There are approximately 2,500
school bus attendants currently employed in
New York State. And the only way to answer
your question would -- either we'd have to do
criminal background checks on all of them.
It's currently permissive, but the
bill would make it mandatory.
SENATOR MONTGOMERY: Another
question, through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you continue to yield?
SENATOR FUSCHILLO: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: Senator,
depending on what the background check yields,
do you have any areas where you would consider
that the hiring -- the district or the company
could waive the regulations, could hire a
person even though something may appear on
their record?
What are the areas? Or if there's
any misdemeanor or anything that appears on a
person's record counts against that person and
3415
therefore that person can't be hired? Or do
you have some standard, some areas that you
would not consider to eliminate that person
from being able to work?
SENATOR FUSCHILLO: Mr.
President, through you. Senator Montgomery,
like the criminal background checks that are
required for school bus drivers, that would be
up to the discretion of the individual school
boards.
We are not setting minimums or
maximums with respect to what we feel as a
legislative body would be a disqualification,
but rather leave it to the individual school
board.
SENATOR MONTGOMERY: But --
through you, Mr. President, I believe that you
make it a misdemeanor, is that what -- it says
"failure to comply with provisions shall be
punishable by a civil penalty not to exceed
$500 for each infraction."
So anyone who does not comply with
your law stands a chance of having to pay a
$500 civil penalty.
SENATOR FUSCHILLO: That's
3416
correct.
SENATOR MONTGOMERY: So chances
are they won't take any chances on hiring a
person based on the fact that they may have to
pay if there is some mistake, I would imagine.
SENATOR FUSCHILLO: I didn't hear
your question.
SENATOR MONTGOMERY: So it's --
SENATOR FUSCHILLO: Was that a
statement or a question?
SENATOR MONTGOMERY: Well, it's a
question. Is it not true, do you not think
that it would be very unlikely that a person
would hire someone, even though it may not --
it may meet their standards, but since it may
not meet the letter of this law, they would
not take a chance, do you think?
SENATOR FUSCHILLO: Well, the
noncompliance is for them not to do it.
Senator Montgomery, this is in
conformity with what we've already passed here
in the state where we require checks for all
school employees, we require checks for all
school bus drivers. This is just adding
another level of protection to the children
3417
that ride on the bus and nothing more.
And if a school board or an
administrator -- I'll wait till you finish.
If a school board or an administrator or a
business official makes a determination that
this applicant may pose a child in an unsafe
manner, then so be it.
But it's just another level of
protection for somebody who is probably in
closer contact than a school bus driver to a
child who's on the bus. Nothing else. Just
adding greater protection.
SENATOR MONTGOMERY: Thank you.
Just one last question.
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you yield for another question?
SENATOR FUSCHILLO: Mr.
President, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you.
Senator Fuschillo, so essentially
there's no specific criteria that one has to
meet as it relates to the background check,
the fingerprinting?
3418
SENATOR FUSCHILLO: Just the
background check of the history of the
employee, prospective employee.
SENATOR MONTGOMERY: Thank you.
Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes, I
certainly understand Senator Fuschillo's wish
to provide the maximum protection for
children.
However, we already require the
fingerprinting background check for the bus
driver. And in this case in particular, we're
talking about minimum wage, a minimum-wage job
that is essentially part-time.
And so it's going to be what -- my
assumption is that we would eliminate a very
large number of people who might have some
infraction, some -- something on their record.
Senator Fuschillo does not have any
criteria, any standard. It's just that you --
if you don't pass the background check, you
don't get hired. And if you are hired, it's
at the risk of the employer having to pay a
3419
$500 fine because he or she may have
overstepped the law, even though that
employer's judgment has been that this person,
though, does not fully meet the background
check, is employable.
It really is, I think,
overreaching. And we do not need to have this
particular category of employers have to meet
that scrutiny since we already have that bus
driver on every bus already goes through the
background check.
So I'm going to vote no on this
legislation.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Thank you, Mr.
President. If the sponsor would yield for an
additional question.
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you yield?
SENATOR FUSCHILLO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SABINI: Senator
Fuschillo, it occurs to me, based on my
3420
knowledge, that this is already the practice
in the largest school district in the state,
the City of New York, is it not?
SENATOR FUSCHILLO: Senator
Sabini, yes.
SENATOR SABINI: All right. And
at the cost to -- within the city complies
with your bill. In other words, the applicant
must pay the cost rather than the owner of the
bus service.
SENATOR FUSCHILLO: Right.
SENATOR SABINI: Right, okay.
Thank you.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Duane and Montgomery recorded in
3421
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Can we go back to Calendar Number
800, by Senator Larkin, which we temporarily
laid aside, and then continue in regular
order.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 800.
THE SECRETARY: Calendar Number
800, by Senator Larkin, Senate Print 2128, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law, in relation to allotting
dates.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, Senator Schneiderman has requested an
explanation of Calendar 800.
SENATOR LARKIN: Yes, Mr.
President. This is a bill that we passed last
year. All it does is amends the Racing and
Wagering Law, as requested by the Racing and
3422
Wagering Board, to include Palm Sunday as a
date in which these races can occur. It
doesn't say they must occur.
Right now the three dates that they
don't do anything on is Easter, Christmas, and
Palm Sunday. And they believe in certain
areas they would like to have Palm Sunday.
But this is strictly up to the
track. We're not telling them, you must have
it. It's a decision by the Racing Board that
they will determine on their days if they will
race on Palm Sunday.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 800 are
Senators Fuschillo, Golden, Hassell-Thompson,
LaValle, Maltese, Marcellino, Montgomery,
Morahan, Onorato, Padavan, Seward, and Trunzo.
Ayes, 49. Nays, 12.
3423
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1004, by Senator Larkin, Senate Print 1968A,
an act to amend the Economic Development Law,
in relation to promoting.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, Senator Liz Krueger has requested an
explanation of Calendar Number 1004.
SENATOR LARKIN: Senator Krueger,
this bill basically is a simple bill of saying
we want to be able to have an equal
opportunity.
For example, you can borrow money
today for working capital and -- but when you
start to mix the manufacturing side of it to
the fruit side of it, it becomes an issue.
We passed this bill last year, I
think it was unanimous last year.
And the agriculture industry says,
you know, that's fine, we can go out and we
can gather funding and we can buy a building.
But then when we go to go to the product, we
3424
don't have it. And each year it gets more
expensive and more expensive.
And the industry, not only in my
district but throughout the states, are saying
somehow or other there has to be a comparison
for us.
And this proposal came from the
agriculture industry, came from the fruit
distribution centers. And, in sum, it's to
help them eliminate a cash-flow problem.
You know, what they say is that
borrowing to build the orchards, vineyards and
that are fine. But they say let's remember
that if we can't buy the New York fruit to
make the final product for sale, then why do
we needed the manufacturing end of it.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
If the sponsor would yield for one question,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Larkin, do you yield for a question?
SENATOR LARKIN: One last
question, yes.
3425
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Larkin, I don't know that I
object to the bill. I was just curious, what
are the standards by which we decide that
we're going to expand the eligibility criteria
for state loans and grants such as this bill
would do for the wine industry?
Is there some historical pattern
where we had one set of rules for the UDC and
then we just keep expanding it forever? Are
there specific criteria that are used?
SENATOR LARKIN: Well, you know,
first of all, they have to come up with a
managed plan, a financial plan and a marketing
plan. And they then they go to the UDC and --
as other industries do. And then it's
determined if it's a valid plan and how do we
make it work.
A lot of these farms have, in the
past 10, 15 years, have been just mowed down
to nothing, and they're now developments. But
yet we have, in many parts of the state --
Senator Kuhl's, mine, Senator Wright's -- we
3426
have many, many areas that are in this
category.
And what we're saying is that we
are going to assist them in their marketing.
This is New York products we're talking about.
It isn't taking the fruit out of New Jersey,
Massachusetts, Pennsylvania. We're talking
about a combined effort of manufacturing and
fruit, putting them together and having a
product we can sell.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Mr. President.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Maltese, why do you rise?
SENATOR MALTESE: Mr. President,
may I ask unanimous consent to be recorded in
3427
the negative on Calendar Number 797.
ACTING PRESIDENT MEIER: Without
objection, Senator Maltese will be recorded in
the negative on Calendar 797.
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: I would
also like unanimous consent to be voted in the
negative on Calendar 992, Senate 4062.
ACTING PRESIDENT MEIER: Without
objection, Senator Liz Krueger will be
recorded in the negative on Calendar 992.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
I'd like to be recorded in the negative on
Calendar 797.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on Calendar 797.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. I would also like
unanimous consent to be recorded in the
negative on Calendar Number 800 and Calendar
Number 1026.
ACTING PRESIDENT MEIER: Without
3428
objection, Senator Maziarz will be recorded in
the negative on Calendar 800 and Calendar
1026.
Senator Robach.
SENATOR ROBACH: Yes, Mr.
President. If I too could be recorded in the
negative on Calendar Number 800 as well.
ACTING PRESIDENT MEIER: Without
objection, Senator Robach will be recorded in
the negative on Calendar 800.
Senator Balboni.
SENATOR BALBONI: Yes, Mr.
President, I'd like permission to be recorded
in the negative on Calendar 800.
ACTING PRESIDENT MEIER: Without
objection, Senator Balboni will be recorded in
the negative on Calendar 800.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, I request unanimous consent to
record the Minority Leader, Senator Paterson,
in the negative on Calendar 800.
ACTING PRESIDENT MEIER: Without
objection, the Minority Leader, Senator
Paterson, will be recorded in the negative on
3429
Calendar 800.
Senators are reminded that on fast
roll calls you should be in the chamber if you
want to vote no on a bill.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1005, by Senator Kuhl, Senate Print 2734, an
act to amend the Alcoholic Beverage Control
Law, in relation to licensed wineries.
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
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, thank
you, Mr. President. Briefly on the bill. I
just wanted to clarify that --
ACTING PRESIDENT MEIER: Well,
Senator, let's withdraw the roll call, then,
if you want to be heard on the bill.
3430
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: The roll
call is withdrawn.
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I just
wanted to clarify for some of my colleagues.
Some of us have voted in the negative on this
in the past.
Because of the change in the laws
permitting the sale of liquor on Sunday, the
objections that were raised in previous years
really are moot. I intend to vote for the
bill. And I think that all of the debate in
perceive years was focused on that issue.
I think the issue of liquor sales
on Sunday has been resolved. And, unlike
Senator Balboni, it's essentially a
throw-away. So there really is no more reason
to vote.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3431
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1005 are
Senators Duane, Hassell-Thompson, and Onorato.
Ayes, 58. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1022, by Senator Libous, Senate Print 3614, an
act to amend the Mental Hygiene Law and the
Executive Law.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Kuhl, that completes the
controversial reading of the calendar.
SENATOR KUHL: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: Senator
Flanagan is asking to be recognized.
Senator Flanagan.
SENATOR FLANAGAN: Mr. President,
thank you. I would ask for unanimous consent
3432
to be recorded in the negative on Calendar
Number 800.
ACTING PRESIDENT MEIER: Without
objection, Senator Flanagan will be recorded
in the negative on Calendar 800.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
on page 49 I offer the following amendments to
Calendar 985, Senate Print Number 3707A, and
ask that said bill retain its place on Third
Reading Calendar. On behalf of Senator
Larkin.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR MORAHAN: On behalf of
Senator LaValle, on page 13 I offer the
following amendments to Calendar 328, Senate
Print Number 3165A, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
3433
SENATOR MORAHAN: On behalf of
Senator LaValle, Mr. President, on page 48 I
offer the following amendments to Calendar
968, Senate Bill 1664B, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. There being no further business to
come before the Senate today, I move to stand
adjourned until tomorrow, Tuesday, June 3rd,
at 3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, June the 3rd, at 3:00 p.m.
(Whereupon, at 4:15 p.m., the
Senate adjourned.)