Regular Session - June 9, 2003
3556
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 9, 2003
3:11 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3557
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: The
invocation will be offered by the Reverend
James Thornton, of the Salem Missionary
Baptist Church in Brooklyn.
REVEREND THORNTON: God, our hope
in ages past, our hope for years to come, our
shelter from the stormy blast and our eternal
home, we come today in humble submission to
Your omnipotence, omniscience, and
omnipresence.
Bless, O God, our legislators as
they deliberate and dialogue concerning the
issues of our state, our city, and our
community. The challenges are great: serious
economic and budget concerns, problems in our
educational arena, housing, health, and other
societal ills.
3558
Make clear Your will in the midst
of these issues. Breathe on them Your peace.
Make real the words of the prophet Micah that
we might do justly, love mercy, and walk
humbly with God.
This is our prayer. Incline Your
ear to us and grant us Your peace.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, June 8, the Senate met pursuant to
adjournment. The Journal of Saturday, June 7,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
3559
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
On behalf of Senator Skelos, I wish
to call up his bill, Print Number 2841,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
487, by Senator Skelos, Senate Print 2841, an
act to amend Chapter 380 of the Laws of 2002.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: 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, 41.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Mr. President, I
3560
now offer up the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR LIBOUS: Mr. President,
also on behalf of Senator Skelos, I wish to
call up his bill, Print Number 1022, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
184, by Senator Skelos, Senate Print 1022, an
act to amend the Social Services Law.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: 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, 41.
SENATOR LIBOUS: Mr. President, I
now offer up the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
3561
Senator Libous.
SENATOR LIBOUS: Mr. President,
on behalf of Senator Skelos, I wish to call up
his bill, Print Number 2661, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
974, by Senator Skelos, Senate Print 2661, an
act authorizing the assessor of the County of
Nassau.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: 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, 41.
SENATOR LIBOUS: Mr. President, I
now offer up the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
Senator Wright.
3562
SENATOR WRIGHT: Mr. President,
on behalf of Senator Skelos, I wish to call up
Calendar Number 452, Assembly Print Number
6893A.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
452, by Member of the Assembly Tokasz,
Assembly Print Number 6893A, an act to amend
the Penal Law.
SENATOR WRIGHT: I now move to
reconsider the vote by which this Assembly
bill was substituted for Senate Print Number
2956A on April 29, 2003.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
SENATOR WRIGHT: I now move that
Assembly Bill Number 6893A be committed to the
Committee on Rules and the Senate bill be
restored to the order of Third Reading
Calendar.
ACTING PRESIDENT MEIER: So
ordered.
3563
SENATOR WRIGHT: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Maziarz, I wish to call up
his bill, Print Number 3702A, recalled from
the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1072, by Senator Maziarz, Senate Print 3702A,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: 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, 45.
ACTING PRESIDENT MEIER: Senator
McGee.
3564
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: On behalf of
Senator Maziarz, I wish to call up his bill,
Print Number 836, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
189, by Senator Maziarz, Senate Print 836, an
act to amend the Highway Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: 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, 45.
3565
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Mr. President, on
behalf of Senator Kuhl, I wish to call up his
bill, Print Number 837, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
393, by Senator Kuhl, Senate Print 837, an act
to amend the County Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: 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, 46.
ACTING PRESIDENT MEIER: Senator
3566
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Bonacic, on
page 54 I offer the following amendments to
Calendar 1129, Senate Print 5344, and I ask
that this bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Farley.
SENATOR FARLEY: Mr. President, I
offer the following amendments to these Third
Reading Calendar bills:
Senator Hannon, page 5, Calendar
3567
61, Senate Print 463;
Senator DeFrancisco, page 12,
Calendar 312, Senate Print 2285;
Senator Spano, on page 16, Calendar
428, Senate Print 1197;
Senator Bonacic, on page 18,
Calendar 485, Senate Print 2225A;
Senator Marcellino, on page 23,
Calendar 574, Senate Print 4520;
Senator Nozzolio, on page 30,
Calendar 727, Senate Print 4734;
Senator Maziarz, page number 41,
Calendar Number 912, Senate Print 4872B;
For Senator LaValle, on page 46,
Calendar 981, Senate Print 3042;
For Senator Flanagan, on page 47,
Calendar 998, Senate Print 4578;
For Senator Marcellino, on page 48,
Calendar 1016, Senate Print 2174;
For Senator LaValle, on page 48,
Calendar 1017, Senate Print 3405A;
And for Senator LaValle, on page
50, Calendar 1059, Senate Print 2062.
Mr. President, I now move that
these bills retain their place on the order of
3568
third reading.
ACTING PRESIDENT MEIER: The
amendments are received, and the bills will
retain their place on the order of third
reading.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. On page 55, Calendar Number 255,
my bill, Senate Print 2308A, could you please
remove the sponsor's star.
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are. Should we make them?
SENATOR SKELOS: I ask that they
be made at this time.
And also, there will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
3569
The Secretary will read the
substitutions.
THE SECRETARY: On page 6,
Senator Seward moves to discharge, from the
Committee on Rules, Assembly Bill Number 8053,
and substitute it for the identical Senate
Bill Number 1566A, Third Reading Calendar 124.
On page 12, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 6639 and
substitute it for the identical Senate Bill
Number 2294, Third Reading Calendar 301.
On page 12, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 7883 and
substitute it for the identical Senate Bill
Number 2948, Third Reading Calendar 304.
On page 14, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 1062 and
substitute it for the identical Senate Bill
Number 784, Third Reading Calendar 353.
On page 15, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5118 and substitute it
3570
for the identical Senate Bill Number 2576,
Third Reading Calendar 385.
On page 17, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1448 and substitute it
for the identical Senate Bill Number 1606,
Third Reading Calendar 429.
On page 18, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3504 and substitute it
for the identical Senate Bill Number 2962,
Third Reading Calendar 478.
On page 23, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 4634 and substitute it
for the identical Senate Bill Number 2068,
Third Reading Calendar 576.
On page 27, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6966A and substitute it
for the identical Senate Bill Number 3032,
Third Reading Calendar 683.
On page 30, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8136 and substitute it
3571
for the identical Senate Bill Number 3217,
Third Reading Calendar 720.
On page 34, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 1975 and substitute it
for the identical Senate Bill Number 1032,
Third Reading Calendar 806.
On page 40, Senator Flanagan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6897A and substitute it
for the identical Senate Bill Number 3451A,
Third Reading Calendar 886.
On page 46, Senator Wright moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3302A and substitute it
for the identical Senate Bill Number 2426A,
Third Reading Calendar 972.
On page 47, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7158A and substitute it
for the identical Senate Bill Number 3929,
Third Reading Calendar 989.
On page 47, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8442 and substitute it
3572
for the identical Senate Bill Number 808A,
Third Reading Calendar 1008.
On page 48, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2317B and substitute it
for the identical Senate Bill Number 4245,
Third Reading Calendar 1018.
And on page 53, Senator Morahan
moves to discharge, from the Committee on
Local Government, Assembly Bill Number 8075
and substitute it for the identical Senate
Bill Number 4789, Third Reading Calendar 1119.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, could we move now to the
noncontroversial reading of the calendar.
ACTING PRESIDENT MEIER: Senator
Andrews, why do you rise?
SENATOR ANDREWS: I rise, Mr.
President, to take this opportunity to thank
Reverend James Thornton, from the Salem
Missionary Baptist Church, for his invocation
this morning -- or this afternoon, I should
3573
say.
Also I'd like to take this
opportunity to thank his wife, Angela, and his
son Isaiah for accompanying him today.
And I'd just like to say briefly
that the Salem Missionary Baptist Church is
located -- or was located in my district, up
until reapportionment. And because of
reapportionment, it was taken out of my
district by two blocks.
But the work that the Salem
Missionary Baptist Church has been doing over
their many years in Brooklyn is well renowned
and well known. And as many of you know, one
of Brooklyn's nicknames is the "Borough of
Churches." And it gives me great pleasure to
welcome him and his family to our chambers
today.
He is also accompanied by a
colleague of mine in the Assembly,
Assemblywoman Rhoda Jacobs, who arranged for
him to come up here today.
So I'd like to take this
opportunity to welcome him and his family to
our proceedings.
3574
Thank you.
THE PRESIDENT: Thank you,
Senator.
Senator Marcellino.
SENATOR MARCELLINO: Yes, Madam
President, can we now move to the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
151, by Senator LaValle, Senate Print 924C, an
act to amend the Highway Law, in relation to
designating the "North Fork Wine Trail."
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
444, by Senator LaValle, Senate Print 334A, an
act to amend the Education Law, in relation to
3575
the safety and health of personnel.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
477, by Senator Maziarz, Senate Print 2627A,
an act authorizing the Town of Newfane,
Niagara County.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
575, by Senator Nozzolio, Senate Print
3576
1930A --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
656, by Senator Volker, Senate Print 4844, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to criminal
diversion.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 16. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
674, by Senator Leibell, Senate Print 4840, an
act to amend the Public Authorities Law, in
relation to the general and special powers.
THE PRESIDENT: Read the last
3577
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
732, by Senator Farley, Senate Print 3870, an
act to amend the Banking Law, in relation to
conducting certain criminal record history
checks.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
760, by Senator Skelos, Senate Print 2851B, an
act to authorize the town of Hempstead,
3578
Nassau County, to lease certain lands.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
785, by Senator Seward, Senate Print 4532A, an
act to amend the Insurance Law, in relation to
mortgage guaranty insurance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3579
816, by Member of the Assembly Gottfried,
Assembly Print Number 6907, an act to amend
the Public Health Law, in relation to clinical
laboratory tests or procedures.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
831, by Senator Velella, Senate Print 4695, an
act to amend the Workers' Compensation Law, in
relation to the presumption of certain
diseases.
THE PRESIDENT: Read the last
section.
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
3580
837, by Senator Nozzolio, Senate Print 404, an
act to amend the Executive Law, in relation to
designation of March 10th as "Harriet Tubman
Day."
THE PRESIDENT: Read the last
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 SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
861, by Senator Hoffmann, Senate Print 3598A,
an act to amend the Public Officers Law, in
relation to including certified nutrient
management planners.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
3581
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
886, substituted earlier today by Member of
the Assembly Canestrari, Assembly Print Number
6897A, an act to amend the Vehicle and Traffic
Law, in relation to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
899, by Senator Padavan, Senate Print 1893, an
act to amend the Criminal Procedure Law and
the New York City Health and Hospitals
Corporation Act, in relation to the
performance of duties of New York City Health
and Hospitals Corporation police officers.
SENATOR SCHNEIDERMAN: Lay it
aside.
3582
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
964, by Senator Balboni, Senate Print 521A, an
act to establish the Fernwood Terrace-Stewart
Manor Library.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
972, substituted earlier today by Member of
the Assembly Destito, Assembly Print Number
3302A, an act to amend the County Law, in
relation to electronic recording.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3583
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
977, by Senator McGee, Senate Print 2783A, an
act to amend the General Municipal Law, in
relation to municipal board members.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
987, by Senator Balboni, Senate Print 3788B,
an act to authorize the incorporated village
of Port Washington North.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3584
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1025, by Senator Morahan, Senate Print 2226B,
an act to authorize the Village of Warwick,
Orange County.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect heeled.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1053, by Senator Alesi, Senate Print 44, an
act to amend the Public Health Law, in
relation to mandatory reporting of abuse.
SENATOR SCHNEIDERMAN: Lay it
aside.
3585
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1061, by Senator Mendez, Senate Print 2689 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1090, by Senator McGee, Senate Print 911, an
act to amend the Real Property Tax Law, in
relation to residential investment exemption.
SENATOR McGEE: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
SENATOR McGEE: Thank you, Madam
President.
THE SECRETARY: Calendar Number
1091, by Senator Trunzo, Senate Print 1000, an
act to amend the Education Law, in relation to
payment of tuition and fees.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
3586
act shall take effect on the first of August.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1092, by Senator Robach, Senate Print 1206, an
act to amend the Penal Law, in relation to
consecutive sentences.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1093, by Senator Maltese, Senate Print 2070,
an act to amend the Administrative Code of the
City of New York, in relation to the
composition of the Board of Trustees.
3587
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1094, by Senator Wright, Senate Print 2429, an
act in relation to granting certain retirement
benefits to certain sheriffs.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1097, by Senator Meier, Senate Print 2838, an
act in relation to permitting the reopening of
3588
the optional twenty-year retirement plan.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1098, by Senator McGee --
SENATOR MARCELLINO: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1099, by Senator Bonacic, Senate Print 2898,
an act to amend the General Municipal Law, in
relation to creating and establishing.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
3589
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1100, by Senator Fuschillo, Senate Print
Number 2961, an act to authorize the Village
of Freeport, Nassau County.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1102, by Senator Morahan, Senate Print 3080,
an act to authorize the Rockland Korean
Presbyterian Church to file an application.
THE PRESIDENT: Read the last
3590
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1103, by Senator Velella, Senate Print 3134,
an act to amend the Penal Law, in relation to
impersonation or misrepresentation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1104, by Senator Kuhl, Senate Print 3203, an
act to authorize the Village of Watkins Glen
3591
located in Schuyler County.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1106, by Senator McGee, Senate Print 3268A, an
act to amend the County Law, in relation to
authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3592
1108, by Senator Johnson, Senate Print 3347,
an act to authorize the Babylon Masonic
Historical Society.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1111, by Senator Kruger, Senate Print 3415, an
act to authorize the Base Medrash Marph,
Incorporated.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
3593
THE SECRETARY: Calendar Number
1113, by Senator Breslin, Senate Print 3733,
an act authorizing the Town of Westerlo to
discontinue the use of certain lands.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1126, by Senator Spano, Senate Print 5236, an
act to amend the Vehicle and Traffic Law, in
relation to registration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
3594
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1128, by Senator Bruno, Senate Print 5304, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Numbers 656, 861, 972, 1092. I think that's
enough for now.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in negative on all of those bills.
3595
Senator Marcellino, that completes
the --
SENATOR MARCELLINO: Madam
President, may we move to the reading of the
controversial calendar.
THE PRESIDENT: That completes
the reading of the noncontroversial calendar,
so the Secretary will now read the
controversial calendar.
THE SECRETARY: Calendar Number
575, by Senator Nozzolio, Senate Print 1930A,
an act to amend the General Municipal Law, in
relation to enabling.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
2. Senators Duane and Stachowski recorded in
the negative.
THE PRESIDENT: The bill is
passed.
3596
THE SECRETARY: Calendar Number
831, by Senator Velella, Senate Print 4695, an
act to amend the Workers' Compensation Law, in
relation to the presumption of certain
diseases contracted.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
899, by Senator Padavan, Senate Print 1893, an
act to amend the Criminal Procedure Law and
the New York City Health and Hospitals
Corporation Act.
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: Who asked for
the explanation, if I may ask?
3597
THE PRESIDENT: Senator Krueger,
I believe.
SENATOR PADAVAN: This bill
simply requires that security officers at any
of the 11 Health and Hospital Corporation
facilities in the City of New York be peace
officers. The alternative is security
personnel akin to a McDonald's or a department
store.
Anyone who has been to a busy
emergency room or any part of a Health and
Hospital Corporation facility would recognize
the fact that we need people there who are
capable of dealing with myriad problems that
unfortunately, at times, include acts of
violence.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield.
THE PRESIDENT: Senator Padavan,
will you yield for a question?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you.
Senator, I've been raising
3598
questions on each peace officer bill that
comes before the floor of the Senate because
of my concern that we are broadening through
this state, piece by piece, a secondary police
system.
But in each of the other bills that
I questioned, the entity that requested peace
officers was the entity that would have them.
So we had one with the nuclear power plants,
another one with a hospital in Senator
Volker's district, a third one recently of a
university upstate, requested by the
university.
What's different about this bill is
this is a bill for peace officer status where
the Health and Hospitals Corporation and the
City of New York are formally opposed to this.
So I just wonder how this is
consistent with even the direction we've gone
in the Senate of to some degree recognizing a
home-rule request for peace officers. In this
case, the entities affected are formally
opposed.
SENATOR PADAVAN: I will not
speak to all of the other entities you
3599
referred to. Each one has its own particular
aspects, factors, considerations.
I'm focused on this particular
bill. And I believe, as should anyone who's
ever been in one of those facilities, that the
protection that both patients and employees
are entitled to can only be provided by a
peace officer and not some hourly paid guard
akin to someone you might find outside a
McDonald's.
This is a very, very serious
environment. People come there for help, and
they don't want to be subjected to
criminality. And when that does occur, you
need people there with both the training, the
background, and the ability, the ability in
law to act. And that's why this bill is
important.
Yes, it is opposed by the city, for
obvious reasons: cost. They would rather
contract out with some firm, paying minimum
wage or whatever they pay these security
guards, than have people there who we feel are
important to have there.
THE PRESIDENT: Does any other
3600
member wish to be heard on this bill?
Senator Sabini.
SENATOR SABINI: Madam President,
on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR SABINI: I commend
Senator Padavan for this piece of legislation.
The piece of legislation comes out
of a court decision as to which I was, I
guess, 1/51st of a defendant on, in being the
sponsor of a bill at the city level that
required the Health and Hospitals Corporation
to keep their HHC police.
I had the unfortunate task of
having to inform the family of an HHC police
officer some years ago, as the ranking
municipal official on hand, of his death --
not in the line of duty, but nonetheless of
his death.
Our hospitals in New York City
are -- can be inherently dangerous places.
Things go on in the emergency rooms that are
fodder for many TV shows. And some of those
things aren't made up. I've seen them myself.
3601
The hospital in my own district,
Elmhurst Hospital Center, is the receiving
facility for Rikers Island. And while those
patients are accompanied by corrections
officers, it still is necessary to have a
uniformed presence within the hospital to
ensure that people who are there for
healthcare or to visit loved ones who are
seeking healthcare feel safe.
And I commend Senator Padavan for
taking steps to make this bill law. We don't
need, in our facilities, minimum-wage
rent-a-cops in HHC facilities.
And while I don't necessarily know
that peace officer status should be committed
to every one that we do here, at the same
time, New York City's HHC facilities
traditionally had their own police force. The
last two administrations have tried to
privatize that. It's an issue that I don't
think works. And I'd like to see this bill
pass and become the law.
Thank you.
THE PRESIDENT: The debate is
closed.
3602
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1053, by Senator Alesi, Senate Print 44, an
act to amend the Public Health Law, in
relation to mandatory reporting.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Alesi, an
explanation has been requested.
SENATOR ALESI: Thank you, Madam
President.
This bill, which we have seen for,
I believe, four years in a row, with
tremendous support from this house and
virtually no support from the Assembly,
recognizes that elder abuse is a serious,
growing, and very prevalent problem in our
society.
3603
Because of that recognition, this
bill requires a number of people in their
professional capacities who come into contact
with people who are physically or mentally
incapable of reporting the abuse that they
might suffer -- it requires that those
professional people, under this mandate,
report to the Department of Health the
suspected abuse.
Thank you very much, Madam
President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: I believe
this is a bill that's certainly intended to
address a very serious issue.
My only concern with this piece of
legislation is in Section 4926, where it
provides an immunity from liability for
reporting based on what essentially is a new
exception to the law, immunity for liability
3604
for any person who in good faith makes a
report pursuant to this section.
It's really not clear to me who
will determine if the report is made in good
faith, what the standards are. And I'm afraid
that that could exempt from liability someone
who potentially is at fault and could make it
very difficult, as a practical matter, for a
trier of fact to make such a determination.
But even with that flaw, I think
the bill has a lot more good in it than bad,
and I am going to support the legislation.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
3605
THE SECRETARY: Calendar Number
1061, by Senator Mendez, Senate Print 2689, an
act to amend the Election Law, in relation to
requiring.
SENATOR SABINI: Explanation.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, could we lay that bill aside
temporarily --
THE PRESIDENT: The bill is laid
temporarily.
SENATOR MARCELLINO: -- and move
on to the next calendar number.
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: Calendar Number
1090, by Senator McGee, Senate Print 911, an
act to amend the Real Property Tax Law, in
relation to residential investment exemption.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3606
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1093, by Senator Maltese, Senate Print 2070,
an act to amend the Administrative Code of the
City of New York.
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Maltese,
an explanation shall be requested.
SENATOR MALTESE: Yes, Madam
President.
This bill is to amend the
Administrative Code of the City of New York in
relation to the composition of the board of
trustees of the New York City Employees
Retirement System.
This bill makes the president of
the Correction Officers Benevolent Association
a member of the board of trustees. The reason
that it would be the president of the
correction officers is that the correction
officers, at present, is the largest group of
3607
uniformed employees that are members of the
New York City Employees Retirement System.
Presently, the three largest unions
represented on the board are DC 37, the TWA,
and the Teamsters Local 237.
The board of trustees, the
composition of the board of trustees is
governed by Section 13-103. And the members
would be a representative of the mayor, the
public advocate or a representative, the
comptroller of the City of New York or a
representative, and each borough president is
given one-fifth of a vote, and the three
representatives of the three largest unions.
This bill has -- by increasing the
number of trustees from seven to eight, we've
made appropriate changes in the quorum,
raising a quorum from 3 3/5 to 4 1/5, and also
in order for the board to act.
The bill has no fiscal
implications. And to my knowledge, there have
been no memos for or against. Naturally, the
Correction Officers Benevolent Association is
very much for it.
As far as the equities, I think
3608
that since the three present largest unions
are nonuniformed unions, it would seem
equitable, since sometimes the interests are
different, let's say, that it would seem
equitable to allow the president of the
Correction Officers Benevolent Association to
be a member, or the largest uniformed force to
be a member of the board.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield
to a question.
THE PRESIDENT: Senator, do you
yield?
SENATOR MALTESE: Yes.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Senator Maltese. I appreciated your
explanation and your detail.
Is the Correction Officers
Benevolent Association the fourth largest
union? Would this be adding the next largest
3609
union to this? Or are they simply the largest
uniformed local?
SENATOR MALTESE: Madam
President, if -- I didn't hear the question,
Senator. Could you repeat --
SENATOR LIZ KRUEGER: You had
mentioned that the three largest unions are
members of NYCERS.
SENATOR MALTESE: And they are
nonuniformed unions, right.
SENATOR LIZ KRUEGER: Right. But
this would COBA as the fourth.
SENATOR MALTESE: Right.
SENATOR LIZ KRUEGER: But is COBA
the fourth largest union in New York City
after the three who are already on the board?
SENATOR MALTESE: I don't know
whether it would be the fourth largest union.
It's quite a large union, as you know. But if
I had to guess, I would say -- well, no use
guessing. I do not know the answer to that
question.
But I am advised that the COBA is
in fact the largest uniformed union. The
other uniformed unions that are members are
3610
the correction captains, sanitation officers,
and EMS.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield to one
more question.
THE PRESIDENT: Senator, will you
yield?
SENATOR MALTESE: Yes.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Senator, I
don't know the history of how the other three
large unions got onto the board. But I would
think that if I was the head of any number of
other unions in New York City, I too would
want to petition the Senate that I also would
have my executive on the NYCERS board.
How do we make a determination now
to just pick one additional union and put it
on the board?
SENATOR MALTESE: Madam
President, this bill has been around in
previous years. I know it has been carried at
least two or three years, if not four or five
years. In that time, I do not recall
receiving a memo in support or opposition from
3611
the other unions.
In response to Senator Krueger's
question as to how the other unions got
representatives, I would put it in one word,
clout. And the ability to place a member on
the board because of their interest in the
board and the interest of their members, so
that they would have a representative.
It does seem to me that the other
uniformed unions would prefer to have at least
one of them represented on the board to
protect their interests.
SENATOR LIZ KRUEGER: Thank you.
Madam President, briefly on the
bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
I think I would argue that perhaps
every union would like to be on the board of a
pension plan. And yet I can't support that,
because I think that would make it
unmanageable.
So based on the proposal today, I
don't think simply because it's a uniformed
3612
local that their interests, for pension
purposes, are significantly different than
other retirees. So I will vote no on this
bill, because I can't see a reason for us to
open up NYCERS to one specific local.
Thank you very much.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator L. Krueger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
Madam President, I'd like to
3613
request unanimous consent to be recorded in
the negative on three bills, if I may. I was
out of the chambers. Calendar Number 1100,
Calendar Number 1102, and Calendar Number
1108, please.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on those bills.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1099, by Senator Bonacic, Senate Print 2898,
an act to amend General Municipal Law, in
relation to creating and establishing.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Bonacic,
an explanation has been requested.
SENATOR BONACIC: Thank you,
Madam President.
This is a local bill or an act to
amend the General Municipal Law to allow the
Town of Wawayanda to establish an industrial
3614
development agency, with all the powers
associated with that agency.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
yield for a question.
THE PRESIDENT: Senator, will you
yield?
SENATOR BONACIC: I will.
THE PRESIDENT: You may proceed.
SENATOR SCHNEIDERMAN: Through
you, Madam President, does the sponsor have
any other information that he has to impart to
us here today?
SENATOR BONACIC: In addition to
this bill, I think it's Senator Breslin's
birthday today. And I think that should be
mentioned also.
(Applause.)
SENATOR SCHNEIDERMAN: No further
questions -- regarding age or anything else.
THE PRESIDENT: Does any other
member wish to be heard on Senator Breslin's
birthday -- on this bill?
3615
Then the debate is closed.
There is a home-rule message at the
desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Stachowski recorded in
the negative.
THE PRESIDENT: The bill is
passed.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can we return to Calendar Number
1061 and call that bill up.
THE PRESIDENT: The Secretary
will read Calendar Number 1061.
THE SECRETARY: Calendar Number
1061, by Senator Mendez, Senate Print 2689, an
act to amend the Election Law, in relation to
requiring.
SENATOR SABINI: Explanation.
THE PRESIDENT: Senator Mendez,
3616
an explanation has been requested.
SENATOR MENDEZ: This bill was
debated extensively last year. In fact, the
vote was 60 to 1.
The only thing that this bill does
is the following. When a person goes to
register, that person could elect to bring a
photo and ask the Board of Elections to give
the identification card as a voter with his or
her photograph in it.
It will not be required by the
inspectors to demand a voter to produce that
identification, because we all know what this
kind of a situation really means.
And it has very little economic
implications, because the voter, in applying
for it, in requesting it, will be paying for
his own photo.
SENATOR SABINI: Madam President,
if the sponsor would yield for a question.
THE PRESIDENT: Senator Mendez,
do you yield?
SENATOR MENDEZ: Oh, yes.
THE PRESIDENT: You may proceed,
Senator.
3617
SENATOR SABINI: If the sponsor
would just answer the question about -- having
read the sponsor's memorandum in support, it
says that the bill comes in light of the
problems resulting from the 2000 presidential
election, particularly in the state of
Florida, and that the bill goes in some
measure toward trying to eradicate fraud.
Since this is an option for the
voter rather than a requirement, if you were
going to commit fraud, you wouldn't be wanting
your picture on the card. So how does this
eradicate fraud or go to eradicate fraud?
SENATOR MENDEZ: I wonder if
there is something wrong with your microphone,
because I could hardly hear what you just
said. Would you mind repeating the question,
please, or the statement.
SENATOR SABINI: Okay. Madam
President, if I could repeat.
I said, Senator Mendez, in the
sponsor's memorandum it says that you drafted
this bill out of concerns of the 2000
presidential election and some of the fraud
that may or may not have occurred in the state
3618
of Florida.
And I'm wondering that since this
is an option for the voter rather than a
requirement, how does this help eradicate
fraud? If I was going to commit fraud or seek
to vote fraudulently, I wouldn't want my
picture on the card.
SENATOR MENDEZ: You wouldn't
want, number one, people to go to the polls
and write the name of a voter -- with the card
of a person that they know is either deceased
or is out on vacation somewhere. That
happened in East Harlem when the priest of the
Holy Agony Church went on vacation to Spain
and somebody went and signed, forged his name.
That occurs -- I mean, maybe the
Board of Elections of the City of New York do
not have -- we don't give them as much money
as we should. But the fact is that those at
least voters, some of them, after they pass
on, their names are still there.
So, my dear, dear colleague,
nothing about Florida. This is a simple bill.
It's not the biggest change in the United
States.
3619
SENATOR SABINI: If the sponsor
would yield for another question, Madam
President.
THE PRESIDENT: Senator Mendez,
will you yield for another question?
SENATOR MENDEZ: Yes, yes, yes.
THE PRESIDENT: You may proceed.
SENATOR SABINI: In reading the
bill, I'm also confused about the format you
would use. And I spoke to the city's Board of
Elections, and they really don't understand
what kind of format you would want either for
a voter registration card.
If this bill were to become law,
would you expect there to be two kinds of
voter registration cards, one with --
SENATOR MENDEZ: No.
SENATOR SABINI: -- voters with
photographs and one without?
I mean, Senator, I don't know, you
may be getting a new a registration card soon.
I hear you may be reregistering or something.
Would you expect to have two kinds of cards or
one?
SENATOR MENDEZ: Really, my dear
3620
colleague, you are splitting hairs in a
beautiful way. And I'm going to tell you why.
This business of two kinds of
voters, what is the purpose of any person that
goes to register? At present they receive
just a card. Right? The same process will
occur when somebody goes to register and
requests -- brings a photo, requests to see
his or her face on that thing.
They do not have to go to present
that in the Board of Elections when they go to
vote. What kind of jazz is that about two
different kinds of voters? I mean, really.
SENATOR SABINI: Madam
President --
SENATOR MENDEZ: I hope that I
answered your question.
SENATOR SABINI: Well, Madam
President, if I may ask a follow-up question,
then.
THE PRESIDENT: Senator Mendez,
will you yield for an additional question?
SENATOR MENDEZ: Yes, I will.
THE PRESIDENT: You may proceed,
Senator.
3621
SENATOR SABINI: My concern is
that the format is important. Because if a
voter shows up at the polls with one
registration card -- which they're not even
required to show under current law -- and
another shows up with a picture ID card,
again, submitted from the city's Board of
Elections, that sort of creates two classes of
voters, in my opinion, and invites the
election inspector to then object to one kind
of voter and maybe not the other kind of
voter, when under the law they're both equal
voters.
And I don't understand what format
your bill would then take. Would there be two
separate, different kinds of cards? That's
what my question really was to.
And I don't think we're splitting
hairs. I'm very concerned about voters having
access to the polls and yet eliminating the
fraudulent voter.
SENATOR MENDEZ: With the
registration card, the identification card
that the Board of Elections gives out to a
person who registers to vote, it just serves
3622
the purpose so that the records of the Board
of Elections do say that that person's name
appears there.
It's going to be -- everything is
going to be exactly the same thing, except
that there will be some people that they will
like to have their photo and they will be
paying for it. Really. Really.
SENATOR SABINI: Madam President,
if the sponsor would yield for another
question.
THE PRESIDENT: Senator, do you
yield?
You may proceed, Senator.
SENATOR SABINI: Senator Mendez,
I was just wondering if you consulted with the
city's Board of Elections, since this bill
only applies to the City of New York in its
legal definition. Because their concern is
they don't know how they would apply different
cards.
And they also -- my other question
is, to you, how would you convey the picture
to the Board of Elections? In other words,
would this be by mail? Would the board be
3623
taking -- I understand that the picture has to
be provided by the registrant. But how would
they convey that to the Board of Elections?
If I just put a picture in the mail
and said it was someone else, would that
constitute having -- require the board to
affix a picture to a new registration card?
SENATOR MENDEZ: Really. Thank
you. And I am not going to accept any more
questions.
I mean, this kind of debate, my
dear colleague, brings me very bad memories
from the last time that this little bill was
discussed here.
So you don't like the bill? Sorry,
I wish you would. And I wish you would
support it. Okay?
SENATOR SABINI: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed,
Senator, on the bill.
SENATOR SABINI: I don't share
Senator Mendez's bad memories, because I
wasn't here to debate the bill.
But as the ranking member of the
3624
Election Law Committee, where this did not
come before, because it went right to Rules, I
have real concerns over it. And I consulted
with the city's Board of Elections officials,
and they have real concerns of it as well.
They don't understand the format question.
Because if new cards are issued
with a blank space for a photo and the photo
isn't required, that is going to then raise
the inspector's objections to say, Well, how
come this fellow has a photo and this one
doesn't?
They operationally don't understand
how the photo would arrive at the Board of
Elections. Do you mail it in? Does it have
to come with an affidavit saying it's you? Do
you have to show up at the board?
Also, it's an unfunded mandate.
These cards will probably cost three bucks a
shot. And while I understand people want to
have other forms of identification, especially
if they're not drivers, I don't know that
having an optional picture on the voter
registration card is the way to do it.
I share Senator Mendez's concern
3625
about fraud. I don't think this is the way to
eradicate it. And I urge a no vote on the
bill.
THE PRESIDENT: Senator Stavisky
is next.
SENATOR STAVISKY: Since the
Senator won't yield, perhaps I can -- or has
left the chamber -- I'll proceed on the bill
and perhaps ask rhetorical questions instead.
THE PRESIDENT: You may proceed
on the bill.
SENATOR STAVISKY: I'm concerned
about lines 10 and 11 in the bill where the
voter has to supply the photograph. And
there's absolutely nothing to stop the voter
from -- if I wanted to provide Senator
Onorato's picture, I don't think anybody would
ever check. And there's no way of knowing,
since the name Toby can be male or female.
SENATOR MONTGOMERY: Or mine.
SENATOR STAVISKY: Or Velmanette
can be male or female.
Secondly, my second concern is with
the cost. The bill memo -- the Senator has
left the chamber, but I think -- I wish she
3626
were here to answer the question.
The bill memo, under local fiscal
implications, says "to be determined by the
affected County Board of Elections." And as
far as I know, we have a New York City Board
of Elections, not a County Board of Elections.
And since this legislation applies only to
cities having a population of 1 million or
more, I suspect that the chair of the Queens
County Board of Elections will be very
perturbed by this kind of legislation.
We have no idea what the cost is,
and I plan to vote no as a result. Mainly
because of the cost. Nobody likes voter
fraud, except those who commit it. But I
would hope that we reconsider the fiscal
implications.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Again, on the assumption that
Senator Mendez doesn't wish to answer any
additional questions, I have to say that this
3627
is an unfunded mandate that actually won't
make any sense for the City of New York.
Since, as Senator Sabini so well expressed,
there would be no coherent format for any of
this to go forward with.
What I fear would be the outcome of
this bill -- although, again, I'm not sure it
could ever be made operational the way it's
written -- is that it would translate into a
scenario where people who didn't have the
photo ID would somehow be discriminated
against when they attempted to go and vote.
And that comes out of concern about
voter fraud that's coming out through national
studies around voter fraud and voter ID
concerns. The fact that people with
disabilities are the least likely to have
photo IDs. People who have limited language
access skills and don't understand additional
rules would be most likely to be discriminated
against. People who are living in nursing
homes or otherwise dealing with absentee
ballots and now would have the additional
requirements on photo IDs.
So I cannot support this bill for
3628
two sets of reasons. One, as Senator Sabini
so well articulated, this isn't a rational,
coherent plan for the City of New York.
Two, if it was implemented the way
it is proposed, it could ultimately lead to
serious discrimination against voters and, I
would argue, increase the problems of voter
fraud rather than addressing them in any way.
So I urge my colleagues on both
sides to vote no on this bill.
Thank you.
THE PRESIDENT: Senator Morahan
is next.
SENATOR MORAHAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed.
SENATOR MORAHAN: I heard a lot
of my colleagues speaking regarding
discrimination, all sorts of things, mandated
cost.
Number one, it's my understanding
at this time Boards of Elections do give out
voter registration cards to those who seek
them out. This bill says if someone seeks out
that card and provides a photograph and they
3629
elect that they want that photograph on the
card for some means of identification, they
can do so.
There's nothing mandated about this
at all, other than those who would come in can
have their photograph affixed to the
registration card already by law provided to
voters who seek that card.
So I don't see this as an unfunded
mandate. I don't think it's discriminatory.
It's up to the voter if they want that card
with an identification on it.
If someone is going to perpetrate a
fraud by sending in the wrong photograph, I
don't find that to be very arguable. Because
if you want to defraud this system, it's wide
open now to fraud. So I don't know that that
would serve any purpose to create a fraud by
sending someone's picture in. I just don't
see it.
So this bill just says, as I
understand it, that a voter who elects to have
their photograph affixed to a card already
available to them by the Board of Elections,
they can do so. It doesn't say anything
3630
about -- if someone comes into the board
without the card or without the ID card, they
still vote. No one is denied the right to
vote.
Thank you.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, just briefly on the bill.
I want to go on record and point
out to Senator Mendez that we now have this
extremely urgent fiscal crisis in the city and
it does -- you know, the bill says there is no
fiscal implications for the state. But there
is severe fiscal implications for the
locality. So I think that's a real problem
for us. And since this bill is a New York
City bill, we have to be concerned about that.
But in addition, Senator Mendez, as
you know, many of us in this room have
advocated for universal voter registration. I
mean, that is one of the things that we feel
is extremely important to opening up
participation in the electoral process to the
widest possible population and constituency.
3631
So we have voter registration going
on everywhere -- on the street corners, in
churches, in, you know, agencies everywhere,
all public agencies, and so forth and so on.
So it's going to be very, very
difficult, if not impossible, to have this
program implemented in any meaningful way
given the fact that we are doing voter
registration in so many different venues. And
obviously we won't have the facility to take
the pictures to begin with.
So, you know, my suggestion would
be that if we want -- if we are concerned
about fraudulent voting, that we could at
least require people who have a driver's
license, maybe, if you want to -- that has a
photo already on it if you want people to use
that as a means of identification. The Board
of Elections offers every citizen an ID
whether or not they are a driver. That's
already in place.
So there are ways that we can -- we
have at our disposal of having people identify
themselves if that's what we want to do.
But it's very -- it's going to be
3632
very, very difficult to implement this, and
it's going to be very costly to New York City,
the Board of Elections, and the citizens
therein.
So I'm going to vote no on this
legislation.
THE PRESIDENT: Senator Parker.
SENATOR PARKER: Yes, Madam
President, on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR PARKER: Let me commend
Senator Mendez for her interest in really
protecting our system. You know, elections
are really important. Protecting the
integrity of elections are critical, you know,
for legitimacy of all those who sit in this
body and for everything that people believe in
and expect that things are going to run
correctly.
However, I'm not sure that this
does what we need it to do.
When we look at fraud and how fraud
in fact happens, historically, particularly in
Florida -- people like to talk about fraud in
3633
Florida. The problem in Florida was not
people coming there who were not on the rolls.
The problem was people were denied access.
And when we look at the problems
that we have with our system right now, is
that that lack of access and the barriers to
access, to people participating and exercising
their franchise, is where we ought to be
concerned.
And I think this body ought to be
concerned, I think the United States ought to
be concerned. I mean, we model ourselves and
we talk about ourselves as this great bastion
of participation. But when you look at the
top 30 democracies in the world, the United
States only ranks about 29th. Only about
29th. In fact, even on the presidential
election we have only about 50 percent of the
eligible population actually voting.
In my district, you know, of
311,000 people, you know, most of which -- I
don't have a lot of children in my district.
I have less than 200,000 registered voters.
That's of all parties.
I mean, we don't have people
3634
participating. And what we ought to be doing
is looking at how we can have people more
involved in the process. We like to talk
about apathetic voters, we like to talk about
people not caring. The real problem in our
system, ladies and gentlemen, I contend, is
really access to the system.
You know, if we want to do
something, let's do this. Let's make it
mandatory for people to register, just like we
do Selective Service. I'd love to sign on to
that bill. I'd love the same way we deny
people access to programs because they're not
signed up for Selective Service when they turn
18, that's what we ought to be doing for
registration.
We know where everybody is. We
should do like they do in Italy. In Italy,
where they've just been a democracy since
1976, they have a higher rate of voting than
we have here in the United States. We ought
to be ashamed of ourselves.
And we could assure, you know, a
more, you know, egalitarian system and a
system that really protects the rights of
3635
voters if we in fact decided that we wanted to
do that.
And so I'd love to work with you,
Senator Mendez, in improving this bill. And
let's develop a package. Let's do some real
creative things to make people register to
vote. Let's, you know, computerize the
system. Let's, you know, take elections off
of Tuesdays and make them on a weekend when
people really can get there. I mean, there's
some things that we ought to really be doing.
I'm not sure this is it.
So outside of what Senator Sabini
articulated and what's been articulated by
other members, I'm going to be voting on this
because this does not take us where we need to
be.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Will Senator
Parker yield?
THE PRESIDENT: Senator Parker,
will you yield?
SENATOR PARKER: Yes, sir.
SENATOR MORAHAN: Senator Parker,
considering that no one must get this card, no
3636
one must be photographed, and no one must show
this card or photograph or any other device to
the poll watchers at the time of voting, how
do you feel or how do you -- and help me out
here -- how do you understand this denying
access? How does that deny anyone access to
vote?
SENATOR PARKER: Madam President,
through you, one of the problems that we see
particularly in New York City is that we have
a large immigrant population who are now
recent citizens. In part, one of the things
that we know we enjoy here which is not
enjoyed in some other places is in fact the
idea of a secret vote.
Oftentimes we will have folks who
are afraid to in fact go to register if they
feel like their photo is going to be taken.
That's one of the reasons why we haven't gone
to this earlier on.
So, you know, creating an
additional barrier where people now could just
pick up a form, write their name on it, fill
it out, mail it in, you know, to have to go
through another process -- although you're
3637
saying that people don't have to do it --
SENATOR MORAHAN: That's correct.
SENATOR PARKER: -- the reality
is that exactly the way Senator Sabini
described it is what's going to happen.
You're going to create a two-class system, and
you're going to have people being denied
access.
Because you have people now who
come there and are denied, and they're on the
rolls. I mean, you know, you should come -- I
mean, I know you have a very safe seat. So
one Election Day, come down to New York City
and come sit at the booth and see how many
people are turned away or have to do a
affidavit of balloting. It's a real
significant problem with people being turned
away from the polls.
SENATOR MORAHAN: Madam
President, will Senator Parker continue to
yield?
THE PRESIDENT: Senator Parker,
will you continue to yield to Senator Morahan
for a question?
SENATOR PARKER: Yes.
3638
THE PRESIDENT: You may proceed
with a question.
SENATOR MORAHAN: Someday I'll
explain how soft and how easy my seat is. I
think it cost a lot of people a lot of money
to get this Senator here.
I agree with you that people are
denied or there's confusion or there's some
obstacles when they go to vote. Certainly in
a city of a million people, that's going to
happen, records being what they are. And
hopefully as we go through the years and
technology, those records will be better
purified and more easily accessible.
I could see someday that right at
the polling place they will have a computer
and they'll be able to pull up on the computer
the registration rolls to verify or not
verify. And hopefully this session or next
year we'll be doing more vis-a-vis have a --
to make things more accessible.
But I think you want to keep -- or
I'd like Senators to keep their eye on the
ball here, that this is not a requirement. If
it's a perceived hurdle -- and I understand, I
3639
have a large immigrant population in my
district as well, Senator, and I know that
they come from a different culture and they
have some concerns about authority or being
identified or what have you. And some may be
shy that they won't vote because of that.
But I don't think that this
requirement, that doesn't exist as a -- it's
not a requirement -- is any more harmful than
all of the other roadblocks that pop up from
time to time trying to get a great population
to have great access to exercise their right
to vote.
Thank you, Senator.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Senator Ada Smith, do you wish to
be heard?
SENATOR ADA SMITH: My name
should have been here.
THE PRESIDENT: Well, it is now.
You have the floor.
SENATOR ADA SMITH: Thank you,
Madam President.
3640
I know that Senator Mendez is
greatly concerned about fraud and the election
process. I just have some questions based on
what I've heard here today.
I heard Senator Morahan say that
there would not be an additional cost, and
that this doesn't have to be. But if we vote
on it and the Assembly votes on it and it
becomes law, then it has to be.
And I'm in possession of my voter's
registration card, and I don't see any place
here for a picture. So we would have to
design another card. Which would be an
additional cost, Senator Morahan. So there
would be cost involved.
And I read something here that has
me confused. It says "Not to be used for ID
or proof of citizenship." But if you have
your picture on it, everyone will be using it
for identification. So either we have to
settle that dilemma, or we're going against
what is written on the cards from the Board of
Elections.
To follow up on Senator Sabini, it
is clear that anybody can send in a picture.
3641
I can send in Senator Marchi's, yours, Senator
Schneiderman, and get an ID for every one of
them under my name. What's to prevent that,
unless there is some way of setting it up?
Not that I want to be you, Senator
Morahan.
But there is definitely the opening
for additional fraud that may not exist now.
And that's what concerns me. And I ask that
all of my colleagues vote in the negative
because we're just opening the door for
something that Senator Mendez hopes to
prevent.
Thank you.
THE PRESIDENT: The debate is
closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
December.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1061 are
Senators Breslin, Duane, Hassell-Thompson,
3642
L. Krueger, Montgomery, Parker, Paterson,
Sabini, Schneiderman, A. Smith, M. Smith, and
Stavisky. Ayes, 47. Nays, 12.
THE PRESIDENT: The bill is
passed.
Senator Marcellino, that completes
the reading of the controversial calendar.
SENATOR MARCELLINO: Thank you,
Madam President. May we return to the reports
of standing committees.
I believe there's probably a report
of the Rules Committee at the desk. And if it
could be read now.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2632, by Senator
McGee, an act to amend the Tax Law;
3413, by Senator Kuhl, an act to
amend the Tax Law;
3583, by Senator Flanagan, an act
to amend the Election Law;
3643
3612, by Senator Larkin, an act to
amend the Tax Law;
3776, by Senator Bonacic, an act
authorizing the Village of Saugerties;
3789A, by Senator Little, an act to
authorize;
3834A, by Senator Meier, an act to
amend the County Law;
3881A, by Senator Nozzolio, an act
to authorize;
4393A, by Senator Skelos, an act to
amend the Criminal Procedure Law;
4721A, by Senator Kuhl, an act to
amend the Village Law;
4730, by Senator McGee, an act to
amend Chapter 263 of the Laws of 1981;
4764, by Senator Maziarz, an act to
amend the Education Law;
4768, by Senator Johnson, an act
authorizing;
4927, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
4945, by Senator Farley, an act to
permit;
4971, by Senator Balboni, an act to
3644
amend Chapter 376;
Senate Print 5000, by Senator
Kruger, an act authorizing;
5004, by Senator DeFrancisco, an
act to amend the Estates, Powers and Trusts
Law;
5027, by Senator Meier, an act to
amend the Executive Law;
5068A, by Senator Montgomery, an
act authorizing;
5082, by Senator Larkin, an act to
authorize;
5084, by Senator Velella, an act
authorizing;
5100, by Senator LaValle, an act to
amend the Town Law;
5158, by Senator Little, an act to
amend the Penal Law;
5171, by Senator Volker, an act to
amend the Penal Law;
5302, by Senator Skelos, an act to
amend the Civil Service Law;
5312, by Senator Nozzolio, an act
authorizing;
And Senate Print 5342, by Senator
3645
Wright, an act to amend Chapter 519 of the
Laws of 1999.
All bills ordered direct to third
reading.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, is there any housekeeping at the
desk?
THE PRESIDENT: We need a motion
on the report.
SENATOR MARCELLINO: Oh, sorry.
Move to accept the Rules Committee
report.
THE PRESIDENT: All those in
favor of accepting the Rules Committee report
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
accepted.
Senator Marcellino.
SENATOR MARCELLINO: Any other
housekeeping?
3646
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, thank you very much.
Amendments are offered to the
following Third Reading Calendar bills:
Sponsored by Senator Volker, page
number 7, Calendar Number 141, Senate Print
Number 1388;
By Senator McGee, page number 15,
Calendar Number 388, Senate Print Number
2963A;
By Senator Bonacic, page number 33,
Calendar Number 776, Senate Print Number 4833;
By Senator Fuschillo, page number
34, Calendar Number 808, Senate Print Number
3294;
By Senator DeFrancisco, page number
39, Calendar Number 866, Senate Print Number
2833;
By Senator LaValle, page number 13,
Calendar Number 328, Senate Print Number
3165B;
By Senator Golden, page number 49,
Calendar Number 1044, Senate Print Number
3647
1505.
Madam President, I now move that
these bills retain their place on the order of
third reading.
THE PRESIDENT: The amendments
are received, and all the bills will retain
their place on the Third Reading Calendar.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there being no further business to
come before the Senate today, I move we
adjourn until tomorrow, Tuesday, June 10, at
3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
June 10th, 3:00 p.m.
(Whereupon, at 4:30 p.m., the
Senate adjourned.)