Regular Session - June 11, 2003
3811
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 11, 2003
3:06 p.m.
REGULAR SESSION
SENATOR THOMAS P. MORAHAN, Acting President
STEVEN M. BOGGESS, Secretary
3812
P R O C E E D I N G S
ACTING PRESIDENT MORAHAN: The
Senate will please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MORAHAN: In the
absence of clergy, I ask all to bow their
heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MORAHAN:
Reading of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 10, the Senate met pursuant to
adjournment. The Journal of Monday, June 9,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MORAHAN:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
3813
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Seward.
Senator Wright, I'm sorry.
SENATOR WRIGHT: I'm the shorter
one.
(Laughter.)
SENATOR WRIGHT: Thank you, Mr.
President.
On behalf of Senator Leibell, on
page number 26 I offer the following
amendments Calendar Number 669, Senate Print
Number 4716A, and ask that said bill retain
its place on Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR WRIGHT: Thank you, Mr.
President.
On behalf of Senator Bonacic, on
3814
page number 30 I offer the following
amendments to Calendar Number 747, Senate
Print Number 1127, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted, and the
bill will retain its present place on the
Third Reading Calendar.
SENATOR WRIGHT: And again, Mr.
President, on behalf of Senator Bonacic, on
page number 30 I offer the following
amendments to Calendar Number 748, Senate
Print Number 1398, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
On behalf of Senator Skelos, I wish
to call up Bill Print Number 553, recalled
3815
from the Assembly, which is now at the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
215, by Senator Skelos, Senate Print 553, an
act to amend the Insurance Law.
SENATOR BONACIC: I will now move
to reconsider the vote by which the bill was
passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR BONACIC: Mr. President,
I now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted.
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
On behalf of Senator Nozzolio, I
wish to call up Bill Print Number 3881A,
recalled from the Assembly, which is now at
the desk.
3816
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
1137, by Senator Nozzolio, Senate Print 3881A,
an act to authorize the City of Geneva.
SENATOR BONACIC: Mr. President,
I will now move to reconsider the vote by
which the bill was passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR BONACIC: Mr. President,
I now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Velella, I
wish to call up his bill, Senate Print Number
4123, recalled from the Assembly, which is now
at the desk.
ACTING PRESIDENT MORAHAN: The
3817
Secretary will read.
THE SECRETARY: Calendar Number
691, by Senator Velella, Senate Print 4123, an
act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT MORAHAN:
Senator Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN:
Senator Meier.
SENATOR MEIER: Mr. President, I
now move that the Senate bill have its third
reading at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
691, by Senator Velella, Senate Print 4123, an
3818
act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN: The
bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Are there any
substitutions at the desk?
ACTING PRESIDENT MORAHAN: Yes,
there is, Senator.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT MORAHAN: The
3819
Secretary will read.
THE SECRETARY: On page 50,
Senator Velella moves to discharge, from the
Committee on Rules, Assembly Bill Number 1852
and substitute it for the identical Senate
Bill Number 922, Third Reading Calendar 1158.
On page 50, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4344 and substitute it
for the identical Senate Bill Number 2046,
Third Reading Calendar 1161.
On page 51, Senator Mendez moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6409 and substitute it
for the identical Senate Bill Number 3353,
Third Reading Calendar 1165.
On page 52, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5150A and substitute it
for the identical Senate Bill Number 4131A,
Third Reading Calendar 1174.
And on page 52, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8363 and
substitute it for the identical Senate Bill
3820
Number 4928, Third Reading Calendar 1177.
ACTING PRESIDENT MORAHAN: The
substitutions are ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk by
Senators Seward and Hoffmann. Could we have
it read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senators
Seward and Hoffmann, Legislative Resolution
Number 2200, honoring the Odyssey of the Mind
Team of Sherburne-Earlville Central School
upon the occasion of capturing first place at
the World Finals at Iowa State University in
3821
Ames, Iowa.
"WHEREAS, It is the intent of this
Legislative Body to commend and pay tribute to
those individuals who, by achieving
outstanding success in scholastic competition,
have inspired and brought pride to our state
and nation; and
"WHEREAS, Excellence in scholastic
competitions can be realized only through
strenuous practice, honed skills, and a
determination to succeed; and
"WHEREAS, The members of the
Sherburne-Earlville Odyssey of the Mind
program achieved that success when they
captured first place at the Odyssey of the
Mind World Finals, held at Iowa State
University in Ames, Iowa; and
"WHEREAS, The members of the
Sherburne-Earlville Odyssey of the Mind Team
included Kaitlin Carey, Lucy Clippinger, Anna
Fagan, Sasha Hoff, Bryan McCracken, Laura
Murphy, and Christina Pfohl. The team's coach
was Heather Pfohl, and the coordinator was
Jonathan Sherry; and
"WHEREAS, This year, competing
3822
teams needed to choose one of five problems to
solve. Moreover, teams needed to solve a
problem in the Spontaneous section of the
competition. During Spontaneous, teams must
solve a problem which they have never seen
before in a very limited amount of time; and
"WHEREAS, The Sherburne-Earlville
Odyssey Team competed in 'Put a Spin on It.'
This problem was to creatively interpret a
manmade achievement from a given list, such as
The Great Wall of China, the Easter Island
statues, the Taj Mahal, and Stonehenge; and
"WHEREAS, Through this performance,
they needed to create an evolution from the
team-created reason to the commonly accepted
belief of today, called the 'Spin Session.'
They also needed to create an original poem
which summarized the performance; and
"WHEREAS, During the performance,
the team had to create a prop which changed in
appearance. In addition to being scored on
the performance, the team gained points from
their participation in Spontaneous; and
"WHEREAS, The Odyssey of the Mind
program instills cooperative team building and
3823
inspires undeniable creativity. When mixed
with drive, intelligence, and the ability to
embrace enthusiasm, a world champion is the
result; and
"WHEREAS, As outstanding role
models for their classmates at
Sherburne-Earlville Central School, the
Odyssey of the Mind team brought honor to
their families, coaches, and the school
community, as well as to the State of
New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate and pay tribute to the members of
the Sherburne-Earlville Odyssey of the Mind
team; its coach, Heather Pfohl; its
coordinator, Jonathan Sherry; its sponsors and
its supporters on their achieving first place
and for bringing acclaim, honor, and great
pride to the people of the State of New York;
and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the aforementioned Odyssey of the Mind
team, their coach and coordinator."
3824
ACTING PRESIDENT MORAHAN:
Senator Seward.
SENATOR SEWARD: Thank you, Mr.
President.
I'm very, very proud to stand in
support of the resolution that has just been
read honoring the Odyssey of the Mind team
from the Sherburne-Earlville Central School,
which is a relatively small school district
that borders Chenango and Madison counties in
Central New York.
Those of you that may not be
familiar with the Odyssey of the Mind, it's a
very, very stiff competition. It helps to
foster problem solving, team building,
creativity. It requires of the team members
to have a great deal of drive, intelligence,
enthusiasm. It's a wonderful exercise.
And the fact that from upstate, a
small, rural area, we have the world finals
team, the world champions, I think it's
something that speaks very, very well for our
state.
And so I stand to congratulate the
Sherburne-Earlville Odyssey of the Mind team
3825
for their outstanding work in capturing this
very prestigious title. They have brought
honor to their school, to our state, and our
nation. And it's certainly no small feat when
you think of what they had to do to win.
So my hat is off to this very
talented and bright group of students as well
as their coach, Heather Pfohl, and their
coordinator, Jonathan Sherry, all of which are
joining us in the gallery behind me.
And when we think about the
accomplishments of this outstanding group of
students and we think about the future of
New York State being in their hands, I think
we can all agree that the future is very, very
bright indeed, just as bright as they are.
So, Mr. President, I'm delighted to
stand in support of this resolution. I urge
all my colleagues to support it.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Seward.
All in favor of the resolution
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
3826
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, if you would, on behalf of the
Senate, acknowledge the group that is here
today, as the president of the Senate, for us
all.
ACTING PRESIDENT MORAHAN: The
Senate recognizes the Odyssey of the Mind team
of the Sherburne-Earlville Central School upon
this occasion. Welcome to our chambers, and
have a safe trip home. A job well done.
Thank you.
(Applause.)
SENATOR MARCELLINO: Thank you,
Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Could we now
return to motions and resolutions. I believe
you have a couple of motions.
ACTING PRESIDENT MORAHAN:
3827
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I wish to call up Calendar Number 572,
Assembly Print Number 6988.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
572, by Member of the Assembly DiNapoli,
Assembly Print Number 6988, an act creating
the New York State invasive species task
force.
ACTING PRESIDENT MORAHAN:
Senator Bonacic.
SENATOR BONACIC: I'll now move
to reconsider the vote by which the Assembly
bill was substituted for Senate Print Number
3522 on April 30, 2003.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR BONACIC: I now move that
Assembly Bill Number 6988 be committed to the
Committee on Rules and the Senate bill be
3828
restored to the order of the Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: So
ordered.
SENATOR BONACIC: And on behalf
of Senator Marcellino, we would now offer the
following amendments, Mr. President.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted.
Senator Bonacic. You're a busy
guy.
SENATOR BONACIC: Mr. President,
on page number 34 I offer the following
amendments, on behalf of Senator Marcellino,
to Calendar Number 814, Senate Print Number
896, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we have the reading of the
noncontroversial calendar now.
3829
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
473, by Senator LaValle, Senate Print 2063A,
an act to amend the Real Property Tax Law and
others, in relation to a separate assessment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
610, by Senator Rath, Senate Print 3572, an
act to amend the Domestic Relations Law and
the Family Court Act, in relation to child
support obligation.
ACTING PRESIDENT MORAHAN: Read
the last section.
3830
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
819, by Senator Hannon --
SENATOR MARCELLINO: Lay the bill
aside for the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
845, by Senator Wright, Senate Print 1065, an
act to amend the Education Law, in relation to
the eligibility of military personnel.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MORAHAN: Call
3831
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
957, by Senator Little, Senate Print 3365A, an
act to amend the Tax Law, in relation to
authorizing the County of Warren.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1068, by the Assembly Committee on Rules,
3832
Assembly Print Number 7972, an act to amend
Chapter 505 of the Laws of 1985.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1081, by Senator Rath, Senate Print 4984, an
act to amend the Social Services Law, in
relation to evidence in termination.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3833
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1087, by Member of the Assembly Weisenberg,
Assembly Print Number 1466B, an act to amend
the Vehicle and Traffic Law, in relation to
enacting Adam's Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1116, by Senator Maziarz, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
3834
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1158, substituted earlier today by Member of
the Assembly Thiele, Assembly Print Number
1852, an act to amend the Criminal Procedure
Law, in relation to granting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1159, by Senator Kuhl, Senate Print 1467, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law, in
relation to the imposition.
3835
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1160, by Senator Maltese, Senate Print 1776,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3836
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1161, substituted earlier today by Member of
the Assembly Schimminger, Assembly Print
Number 4344, an act to amend Chapter 201 of
the Laws of 2001 amending the Real Property
Tax Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1162, by Senator Volker, Senate Print 2945, an
3837
act to amend the Criminal Procedure Law, in
relation to the receiving of business records.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1163, by Senator Larkin, Senate Print 3278, an
act to authorize Deputy Sheriff Hadeer Omar of
the Ulster County Sheriff's Department.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
3838
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1164, by Senator Brown, Senate Print 3326B, an
act to amend the Highway Law.
SENATOR MARCELLINO: The bill is
high, Mr. President. Please lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1165, substituted earlier today by Member of
the Assembly Clark, Assembly Print Number
6409, an act in relation to authorizing the
Department of Transportation.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
3839
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1166, by Senator Kuhl, Senate Print 3414A, an
act to amend the Correction Law, in relation
to authorizing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1167, by Senator Johnson, Senate Print 3782A,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
3840
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1168, by Senator Spano, Senate Print 3874, an
act to amend Chapter 674 of the Laws of 1993,
amending the Public Buildings Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 50.
3841
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1169, by Senator Bonacic, Senate Print 3986,
an act authorizing the Town of Ulster, in the
County of Ulster.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1170, by Senator Balboni, Senate Print 4021,
an act to amend the Tax Law, in relation to
extending.
ACTING PRESIDENT MORAHAN: Read
the last section.
3842
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1171, by Senator Saland, Senate Print 4023A,
an act to amend the Education Law, in relation
to prohibiting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 8. This
act shall take effect on the first of
September.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 52. Nays,
3843
2. Senator Duane --
ACTING PRESIDENT MORAHAN:
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President.
I'm voting in opposition to this
bill, and I'm hoping my colleagues will as
well.
This bill is a shadow of another
bill, my Dignity for All Students Act. And
this bill, while well-intentioned, does not
really protect children in our schools. One
glaring omission is that gender identity and
gender expression is not covered in the
legislation.
There's also no mandate that
dignity and respect for everyone, regardless
of race, religion, ethnicity, sexual
orientation, gender, gender identity, or
expression -- there's no way to make sure that
in each and every school in New York State the
message will get through that everyone needs
to be respected.
So I'm urging my colleagues to vote
no, to hold out until we see the Dignity for
3844
All Students Act come to the floor of this
chamber. Only then will we really be able to
assure the dignity and safety of all students,
teachers, and members of the school community
and family in this state.
I'm voting no, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Announce the results.
THE SECRETARY: Ayes, 55.
Nays --
ACTING PRESIDENT MORAHAN:
Senator Sabini.
SENATOR SABINI: To explain my
vote, Mr. President.
ACTING PRESIDENT MORAHAN:
Withdraw the roll call.
SENATOR SABINI: I can explain my
vote.
I'm going to vote for this. I
voted for it in committee and without
recommendation in Rules Committee.
And I would only ask Senator Saland
that he consider adopting all or part of the
Dignity for All Students agenda and the safe
3845
harbor for students that Senator Duane has
talked about.
I believe that the perfect
shouldn't be the enemy of the good. And the
bill essentially has some very good things in
it. But that I would like to see more
protections for students of all beliefs and
persuasions in the bill, having represented
District 24 in Queens, and having had to get a
grant from the Hetrick-Martin Institute some
years ago to at least train teachers at
Newtown High School that kids who are actively
seeking to promote aggression on other kids
for reasons other than just being normal
youths is wrong. And we found that a lot of
teachers didn't understand that.
And so I will vote for the bill,
but I'd ask the sponsor to consider very
strongly another measure that would more
closely resemble Senator Duane's bill. And I
vote aye.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Sabini.
Would those Senators voting in the
3846
negative --
Senator Krueger.
SENATOR LIZ KRUEGER: To explain
my vote in the negative, because that was one
of your questions.
I share Senator Duane's concerns
that while I do not have a formal opposition
to Senator Saland's bill, it does not go far
enough.
ACTING PRESIDENT MORAHAN: Excuse
me, Senator.
Can we have order in the house.
Continue, Senator.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
While I do not have a formal
objection to Senator Saland's bill, I agree
that it has not gone far enough. And until we
can also include the provisions of the Dignity
for All Students Act, this house should not go
forward.
We should go forward with the bill
as passed by the Assembly, as sponsored by
Senator Duane, to assure that we address all
of the issues affecting children in our
3847
schools through this act.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Krueger.
Will those Senators voting in the
negative please raise their hands.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1171 are
Senators Duane, L. Krueger, Montgomery, and
Parker. Ayes, 54. Nays, 4.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President.
I was in Rules as you were racing
through the calendar out here, and I would
like unanimous consent to be recorded in the
negative on Calendar Numbers 1158, 1159, 1161,
1162, and 1166.
ACTING PRESIDENT MORAHAN:
Senator Duane will be recorded in the negative
on the bills outlined.
THE SECRETARY: Calendar Number
1172, by Senator Oppenheimer, Senate Print
3848
4034, an act authorizing the City of
New Rochelle to sell the Wildcliff Cottage
property.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1173, by Senator Johnson, Senate Print 4468,
an act to amend the Vehicle and Traffic Law,
in relation to prohibiting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
3849
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1174, substituted earlier today by Member of
the Assembly Pheffer, Assembly Print Number
5150A, an act to amend the General Business
Law, in relation to ensuring.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect January 1, 2004.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
3850
THE SECRETARY: Calendar Number
1175, by Senator Bonacic --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1176, by Senator Kuhl, Senate Print 4907, an
act to amend the Highway Law, in relation to
cooperative agreements.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1177, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
3851
Number 8363, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1178, by Senator Flanagan, Senate Print 4976,
an act authorizing the assessor of the County
of Suffolk to accept an application.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3852
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1179, by Senator Seward, Senate Print 4977, an
act to amend the Real Property Tax Law, in
relation to certain leases.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1180, by Senator Little, Senate Print 4982, an
act to amend the General Municipal Law and
others, relating to establishing the interest
3853
rate.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1181, by Senator Marcellino, Senate Print
4995, an act to amend Chapter 203 of the Laws
of 1999 amending the Environmental
Conservation Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3854
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1182, by Senator Farley, Senate Print 5056, an
act to amend the Education Law, in relation to
state aid to reference.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect April 1, 2003.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1183, by Senator Farley, Senate Print 5060, an
act to amend the Education Law, in relation to
state aid for library construction.
ACTING PRESIDENT MORAHAN: Read
the last section.
3855
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1184, by Senator Spano, Senate Print 5079, an
act to amend the Tax Law, in relation to
authorizing the Commissioner of Taxation.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
3856
bill is passed.
THE SECRETARY: Calendar Number
1185, by Senator DeFrancisco, Senate Print
5094A, an act to adjust certain state aid
payments.
ACTING PRESIDENT MORAHAN: There
is a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1186, by Senator Nozzolio, Senate Print 5097,
an act authorizing the Town of Webster in the
County of Monroe to convey an easement.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
3857
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1187, by Senator Padavan, Senate Print 5117,
an act to amend the Vehicle and Traffic Law,
in relation to suspension for failure.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Those voting in
the negative on Calendar Number 1187 are
Senators Duane, Meier, and Montgomery. Ayes,
56. Nays, 3.
3858
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1188, by Senator Morahan, Senate Print 5147,
an act to amend the Not-for-Profit Corporation
Law, in relation to corporations.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1189, by Senator Libous, Senate Print 5157, an
act to amend the Town Law and the Public
Officers Law, in relation to providing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
3859
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1190, by Senator Spano, Senate Print 5278, an
act to amend the Penal Law, in relation to the
commission of persistent sexual abuse.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 33. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1190 are
Senators Duane, Montgomery, and Parker. Ayes,
56. Nays, 3.
3860
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1191, by Senator Balboni, Senate Print 5280,
an act to amend the Penal Law, in relation to
disseminating indecent material to minors.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 14. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1192, by Senator Spano, Senate Print --
SENATOR BRUNO: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
3861
THE SECRETARY: Calendar Number
1193, by the Senate Committee on Rules, Senate
Print Number 5334, an act authorizing the
Board of Cooperative Educational Services of
Cayuga and Onondaga Counties.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
can we at this time return to reports of
standing committees.
I believe there is a report from
the Rules Committee at the desk. I would ask
that it be read at this time.
3862
ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 588, by Senator
Breslin, an act to amend the Uniform City
Court Act;
744, by Senator Kuhl, an act to
amend the Tax Law;
1736A, by Senator McGee, an act to
amend the County Law;
2124A, by Senator Skelos, an act to
amend the Retirement and Social Security Law;
2922, by Senator Hannon, an act to
amend the Lien Law;
3260, by Senator Volker, an act to
allow;
3341, by Senator Maziarz, an act to
amend the Real Property Tax Law;
3756, by Senator Balboni, an act to
amend the Real Property Law;
3893, by Senator Volker, an act in
relation to granting;
3863
3943, by Senator Marchi, an act to
amend the Navigation Law;
4063A, by Senator Wright, an act to
amend the Agriculture and Markets Law;
4103, by Senator Fuschillo, an act
to amend the General Municipal Law;
4236, by Senator Hannon, an act to
amend the Surrogate's Court Procedure Act;
4327, by Senator Bonacic, an act to
amend the Public Authorities Law;
4354B, by Senator Marcellino, an
act to amend Chapter 233 of the Laws of 2000;
4621, by Senator LaValle, an act to
amend Chapter 244 of the laws of 2000;
4672, by Senator Lachman, an act to
amend the Penal Law;
4696A, by Senator Velella, an act
to amend the Estates, Powers and Trusts Law;
4908, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4910, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4921, by Senator Libous, an act to
amend the Vehicle and Traffic Law;
5059A, by Senator Saland, an act to
3864
amend Chapter 147 of the Laws of 2001;
5077, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5087, by Senator Flanagan, an act
to amend the Parks, Recreation and Historic
Preservation Law;
5132, by Senator Little, an act to
amend the General Municipal Law;
5141, by Senator Johnson, an act to
amend the Public Officers Law;
5182, by Senator Flanagan, an act
to amend the Real Property Tax Law;
5279, by Senator Golden, an act to
amend the Penal Law;
5281, by Senator Kuhl, an act to
amend the Public Officers Law;
5285, by Senator Rath, an act to
amend the Domestic Relations Law;
5308, by Senator Balboni, an act to
amend the Criminal Procedure Law;
5310, by Senator Skelos, an act to
amend the Environmental Conservation Law;
5322, by Senator Hannon, an act to
amend Chapter 303 of the Laws of 1999;
5369, by Senator Johnson, an act to
3865
amend the Environmental Conservation Law;
And Senate Print 5428, by Senator
Robach, an act to amend a chapter of the laws
of 2003.
All bills ordered direct to third
reading.
ACTING PRESIDENT MARCELLINO: All
in favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
ayes have it. The report is accepted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 1180, Senate Print 4982.
ACTING PRESIDENT MARCELLINO:
Senator DeFrancisco will be recorded in the
negative on Calendar Number 1180.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to motions and
3866
resolutions.
I believe I have a privileged
resolution at the desk. I would ask that it
be read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2199,
congratulating New York-bred Funny Cide for
his outstanding achievements during horse
racing's prestigious Triple Crown.
"WHEREAS, It is with immeasurable
pride that this Legislative Body joins with
the citizens of the great State of New York to
come together to congratulate New York-bred
Funny Cide for his outstanding achievements
during horse racing's prestigious Triple
Crown; and
"WHEREAS, His efforts and
accomplishments of placing first, first and
third during the Triple Crown races served as
an inspiration and an example of the best
qualities of New Yorkers -- dedication,
courage, and commitment to excellence; and
3867
"WHEREAS, Funny Cide was in
position to sweep the Triple Crown after
becoming only the 28th horse to win both the
Kentucky Derby and Preakness Stakes; and
"WHEREAS, On May 3, 2003, Funny
Cide became the first New York-bred horse to
capture the Kentucky Derby, the first leg of
horse racing's Triple Crown, at Churchill
Downs in Louisville, Kentucky. He covered the
mile-and-a-quarter race in a time of 2:01.19
to win the 'Run for the Roses' by a length and
three-quarters in one of the ten fastest
times; and
"WHEREAS, In addition, Funny Cide
became the first gelding to win the Derby
since Clyde Van Dusen in 1929. The victory
gave both New York-based and Chilean-born
jockey Jose Santos and trainer Barclay Tagg
their first Derby victory; and
"WHEREAS, The New York-based
3-year-old chestnut gelding captured the
second leg of horse racing's prestigious
Triple Crown, the Preakness Stakes, on
Saturday, May 17, 2003, at Pimlico Race Course
in Baltimore, Maryland; and
3868
"WHEREAS, Funny Cide won the mile
and three-sixteenths Preakness Stakes by 9 3/4
lengths, the largest margin of victory since
1873, in a time of 1:55:61, only two seconds
shy of the Stakes record, and the third
fastest time in Preakness history; and
"WHEREAS, Funny Cide became the
toast of the nation. Fans young and old knew
his name, and his Cinderella story was told in
print, on television, and over the airwaves
across the country. His image and the maroon
and silver of the Sackatoga Stables has
adorned countless t-shirts, hats, buttons,
pins, websites, and pictures; and
"WHEREAS, Fans also gravitated to
his everyman owners, Sackatoga Stables, which
is managed by Jackson Knowlton and comprised
of Gus Williams, David Mahan, Lew Titterton,
Eric Dattner, Jon Constance, Harold Cring,
Mark Phillips, Peter Phillips, and Larry
Reinhardt, a group of former high school
friends from Sackets Harbor, New York, and two
other partners from the Capitol Region; and
"WHEREAS, On Saturday, June 7,
2003, a crowd of 101,864 at Belmont Park in
3869
Elmont, New York, all of New York, and much of
the country was rooting for New York-bred
Funny Cide to capture the 135th running of the
Belmont Stakes and win the Triple Crown; and
"WHEREAS, While he fell just short
in his Triple Crown bid, the determination and
efforts of the Funny Cide team captured the
hearts and imagination of a new generation of
horse racing fans and people everywhere,
especially in their home state of New York;
and
"WHEREAS, Funny Cide, by Distorted
Humor out of the Slewacide mare Belle's Good
Cide, was born in Saratoga County, at McMahon
of Saratoga Thoroughbreds, LLC, owned by
Joseph and Anne McMahon; and
"WHEREAS, Throughout the Triple
Crown, Funny Cide was guided by assistant
trainer and exercise rider Robin Smullen,
groom Zacarias Quintana, and hot walker Raunie
Hart; and
"WHEREAS, The accomplishments of
Funny Cide, the New York Thoroughbred
Breeders, Inc., under the able leadership of
president Gerald A. Nielsen and executive
3870
director Dennis J. Brida, and the New York
State Thoroughbred Breeding and Development
Fund Corporation, under the competent
direction of chairman William A. Levin and
executive director Martin G. Kinsella, have
raised New York breeding to a new level of
achievement; and
"WHEREAS, It is the custom of this
Legislative Body to take note of such a
distinguished thoroughbred who has brought
great pride not only to his proud owners but
to the horse racing industry and all of the
citizens of the State of New York; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate New York-bred Funny Cide for his
outstanding achievements during horse racing's
prestigious Triple Crown, and to wish him the
best of luck in his racing career; and be it
further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Jose Santos, Barclay Tagg, Mike Sellitto,
Joseph and Anne McMahon, Jackson Knowlton, Gus
3871
Williams, David Mahan, Lew Titterton, Eric
Dattner, Jon Constance, Harold Cring, Mark
Phillips, Peter Phillips, Larry Reinhardt,
Robin Smullen, Zacarias Quintana, Raunie Hart,
the board of directors of the New York
Thoroughbred Breeders, Inc., and the New York
State Thoroughbred Breeding and Development
Fund Corporation."
ACTING PRESIDENT MARCELLINO:
Senator Bruno.
SENATOR BRUNO: Mr. President and
colleagues, the resolution that you just heard
read will be voted on and passed. And this
resolution really passes like any law of this
state. And this resolution becomes part of
the history of this state.
And when your children and
grandchildren -- when young Jose, Jr., wants
to check the records to review what took place
over these last five weeks, this will be a
permanent record of the history of New York
State.
And all of us are proud, all of us
in this chamber and the Legislature, are proud
to be supportive and to acknowledge. You
3872
remember just four weeks ago we were
celebrating Funny Cide winning the Kentucky
Derby. And as Jack Knowlton, the managing
partner of some nine other great partners,
acknowledged that one horse out of 37,000 wins
the Kentucky Derby.
So we acknowledged that, and we
celebrated that. And at that time we said,
You will hear more about Funny Cide. And we
did, with that great Preakness run when he
left everyone behind.
Now, champions are easily
celebrated. But life sometimes proves that
even champions have to deal with adversity.
And in that mud and in that rain, those
101,000 people, 100,000 of them cheering for
Funny Cide, were disappointed.
But, you know, the owners, led by
Jack, a former employee here in the Senate --
and all of us now are very proud of that,
Jack -- really handled themselves and all the
partners in a classy way. Funny Cide didn't
win the Triple Crown, but 28 other horses in
the history of this state have won two out of
three. So Funny Cide is a great horse.
3873
Now, I am proud of Funny Cide as my
most famous constituent. And I am decked out
kind of like a general here, thanks to Funny
Cide's button, colors of maroon and gray of
Sackatoga Stables.
But, you know, a lot of people have
participated in what has gone on. And you
really have changed the complexion of a lot of
the thinking of people here in the state and
around the country, caught the imagination of
the whole country, where they were applauding
Funny Cide and Jack and the partners.
Joe and Anne McMahon, who just
arrived, are just true enterprising,
pioneering Americans and have one of the
nicest and best breeding facilities here in
this state. And it wasn't always that way, as
I mentioned. With their bare hands,
practically, they put it all together and now
have a great success and are really a great
American success story.
Barclay Tagg, the trainer; Robin
Smullen, his assistant -- I mean, they are
becoming legends in what they have done with
this great racehorse and the way they handle
3874
themselves and the way Barclay handles
himself.
There's another great hero in this
story, and that is Jose Santos. Jose is here
with his wife, Rita; daughter, Celina;
daughter, Savannah; and his young son, Jose,
Jr., who loves to smile.
And, Jose, you can be proud of your
family. They are proud of you. And all of us
here in New York are proud of Jose, because
Jose is a true champion.
Jose, as many of us might have seen
a video, took a tumble about 12 years ago.
And three horses, as I recall, went down, and
one horse landed on him, on his side. He was
laid up for 9 months, has scars and a lot of
other things to show for it in his arm.
But like a real champion, he
recovered, collected himself, and went back to
racing and is now just acknowledged as one of
the greatest in his field.
And to be great in any field is
something special. But you're the greatest in
what you are doing. So we congratulate you,
we commend you.
3875
And the breeders that are here
represented, all of them, they invest, they
persevere. And not all of those horses that
are foaled -- there's like a 30 percent
increase in the foaling crop the last nine
years, thanks to a lot of what we have done
here to be supportive -- 40,000 acres in
breeding facilities here, 40,000 employees.
So we have done something together.
But this team -- Jack Knowlton,
Jose, Joe and Anne McMahon, Barclay Tagg --
they have really delighted the imagination of
everybody like it's never happened before. So
we congratulate you all, we commend you.
And we're having a party at 4:30 to
celebrate what's going on. And we're going to
continue to smile and be happy, because Funny
Cide is going to keep racing, he's going to
keep running. He is coming back to Saratoga.
He is going to win the Travers. And we will
be back acknowledging that in the fall and
into next year.
So congratulations to all of you.
Everybody is invited to join with Jack, with
Jose, Joe, and Anne McMahon, fourth floor
3876
right behind the chamber at 4:30.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator Bruno.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President and my colleagues.
I join Senator Bruno in recognizing
Funny Cide and all of the team that have been
involved with Funny Cide.
It's kind of a tradition around
here for the last eight years that you seldom
disagree with the Majority Leader. But I
think it's only appropriate that we should
point out in the name "Sackatoga Stables,"
Sackets Harbor precedes Saratoga. So while
Funny Cide may reside in Saratoga, in fact
there is a very strong, important role that
Sackets Harbor has played, and the Sackets
Harbor Six, who have received such
recognition.
Four weeks ago when they were here
and we had the honor of recognizing everyone,
I pointed out that nobody seemed to know where
Sackets Harbor was at that particular point in
3877
time. We were described as Western New York,
somewhere upstate. We moved to Central
New York. They have finally located Sackets
Harbor now, thanks to the efforts of these
fine individuals, to the point that they now
take and market Sackets Harbor everywhere they
go.
So we are now known as the home of
the Sackets Harbor Six. Forget the war of
1812, forget all of the other accomplishments
that have occurred in this village. We are
home to the Sackets Harbor Six. And we're
very pleased, needless to say.
They were recognized this year as
Citizens of the Year. And that truly is
indicative of the caliber of individual. Not
simply because of the achievements of Funny
Cide, but because of the achievements that
they gave to their community and have done
over a series of decades in that community.
They have served certainly as
ambassadors of Northern New York and New York
State as well. And I know that you just talk
to people and indicate that you're from the
North Country, the first question is: Do you
3878
know of any of these guys? Well, I do. And
it's been a pleasure to know them.
And as time goes on, and as Senator
Bruno has so articulately described the
accomplishments within the industry, he's also
rightfully pointed out their place in history.
We're pleased to be part of that. I know in
talking with individuals they now remember
where they were at each one of these Triple
Crown races as they followed this horse that
really became the spirit of New York and
certainly embodied the goals that we all had.
So it's an honor to be here this
afternoon. The names of Constance, Cring,
Knowlton, Reinhardt, and Phillips will go down
in history, not only today, but for a long
time coming. We're looking forward to be on
the winning team at the Travers.
Thank you very much, and welcome to
the Capitol.
ACTING PRESIDENT MARCELLINO:
Senator Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
It's always a challenge to follow
3879
our leader when he's this eloquent. And today
he's eloquent for several reasons. Obviously
he's enormously proud of his constituent Funny
Cide.
And I just want to assure those who
might be listening right now that despite his
protestations that Funny Cide is his
constituent, there are no imminent plans to
change the voting laws of the New York State
to allow Funny Cide or the other Saratoga
horses to be able to vote for Senator Bruno,
worthy as that might be.
So we will continue to do
everything in our power to justify the great
public support for racing and for horse
breeding in this state that has galvanized the
imagination across the country in these last
few weeks.
My job is made that much easier.
As chair of the Agriculture Committee in this
Senate, it's very easy for me now to remind
people that horses are bred and raised in this
state and part of our mission here in the
New York State Legislature is to help people
who are engaged in that activity to do it as
3880
effortlessly as possible.
We will continue listening to you,
listening to the rest of the breeders of this
state who are ably represented here in Albany,
and finding ways that we can compete
successfully and excel far beyond what other
states have done.
As to the training, I have to say
again that it has been reported any number of
times that this horse was trained remarkably
well and with some of the finest handling in
the world. But it's also important to
remember that the trainers who trained this
horse are known for their humane handling of
that horse. Not every state, not every
trainer can say that. It again helps to show
why the magic of Funny Cide is so special for
us.
Senator Bruno described Jose
Santos' wonderful personal triumph. And all
of us have can take great satisfaction in
visiting with you and your family at 4:30 this
afternoon. We wish you could have been with
us the first time that we honored your family
here. But you should know that your wife Rita
3881
and your children ably represent you, and you
can come back anytime. We like the sunshine
that they bring to this chamber.
And finally, to my colleague
Senator Wright's constituents, the great
people from Sackets Harbor who said that this
can be every man and every woman's sport, you
have proven once again what great people
New York State brings in all walks of life and
why all of us can share in your glory today.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on this
resolution?
Senator Larkin.
SENATOR LARKIN: Thank you, Mr.
President.
You know, in every bit of life
there's some trials and tribulations. As most
of us were looking at Saturday, we saw the
partners and we saw the groom, and that young
son there has respect for his family.
But, you know, eight years ago when
Senator Bruno took over, he said we were going
to make changes. One of the things he said
when he offered me this beautiful job as
3882
chairman of Racing and Wagering was we have to
work with people who are willing to put up
their money in order to make racing a trade
that we in New York can be proud of, and the
rest of the states.
We went from breeding from here to
Kentucky. We've passed laws now where we can
date that right here. But we want to instill
pride in it.
And the greatest pride, as many of
us saw on television over the past three
weeks, was the fact that young men started out
as high school friends, came together and said
this is a sport, this is a trade that we want
to be part of and show friends that this is
something that New York can be proud of.
It isn't just a riding of a horse.
It's the ability to muster forces together, to
say we'll have a beautiful track, we'll go
there, we'll have people that will come to a
track, we'll have people who will come and say
how do I buy a horse, what do I do to make it
something.
And you're the people that did it.
You know, a lot of people want to get into the
3883
flair of it and say, oh, I met him, I shook
hands with him. My only complaint was that I
didn't think enough about betting back in
Kentucky. I did this time, but, you know.
It's a real pride of your family.
And I consider every one of you part of our
family. Because it isn't the Santos family
and the trainer, the owners -- it's everybody
inclusive. You put together something that
put New York on the map. You put New York on
the map because you have pride. You are
respected, and you want others to respect us.
You know, some people will say it's
gambling. Well, you get out in that car this
morning, you get out on the wrong side, you
took a gamble you could be hit.
I think what you've done for us in
New York is something we are all very, very
proud of. And we'll be back, and you'll be
back. But you have to remember, we're only
going to be as good as you and the others
willing to put theirself out there in order to
promote the great game of racing.
ACTING PRESIDENT MARCELLINO:
Senator Nozzolio.
3884
SENATOR NOZZOLIO: Thank you, Mr.
President and my colleagues.
I rise to join the congratulations
to the wonderful experience that you have all
given us and to thank you, to thank Funny
Cide, to thank Jockey Santos, to thank the
owners for such a wonderful experience during
these past four or five weeks.
I come from the Finger Lakes
region. And I want to thank you and
congratulate you for helping us to help people
understand how important the horse racing
industry is to Western New York, where
literally hundreds of farmers, many trainers,
many horsemen are involved in this enterprise
that you, because of Funny Cide's New
York-bred status and nature, has helped us
showcase the importance of this wonderful
industry.
My congratulations to you. You
have given us great joy. It has just been a
wonderful experience to follow the exploits of
this wonderful horse, the jocular and
wonderful friendship that the owners have with
each other, the -- as Senator Bruno said, the
3885
true sportsmen heroism, in a sense, that
Jockey Santos, Jose Santos has exhibited. You
are to be congratulated.
This I said after the Kentucky
Derby. I think we should remind everyone that
this has been the greatest "I Love New York"
commercial ever produced. And we want to
thank you for that.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator.
Senator Onorato.
SENATOR ONORATO: Mr. President,
I rise too to join my colleagues in commending
the entire team for bringing such a wonderful
exhilaration to the state of New York for a
horse bred in New York. I didn't feel as good
as this here since Nick Zito from upstate here
brought in Go for Gin.
But my wife was very, very
concerned what was a gelding. And I told her
it was a horse that couldn't become a father.
And during the race there, when he just lost
by a couple of lengths, I says 3 and 1/4 more
lengths, if he'd have made it up, he would
3886
have become a famous mudder.
But again, it didn't -- it didn't
occur, but you've made us all very, very
proud. And we certainly look forward to the
Travers, where we will show again on a dry
track what the horse can really do.
Congratulations to the entire team.
We look forward to joining you on the fourth
floor.
ACTING PRESIDENT MARCELLINO:
Senator Stachowski, can you clear up that
issue?
SENATOR STACHOWSKI: No corny
jokes from me, Mr. President.
I'd just like to join Senator Bruno
in congratulating the Funny Cide team. I
think the excitement they brought, not only to
New York racing but to horse racing in
general -- I have a friend from Kentucky that
was at the Belmont Park on Saturday because he
had a horse running, and he was hoping Funny
Cide would win also, because it was so
exciting and so good for horse racing in
general.
I think it's interesting, because
3887
horse racing spent all this money on Go Baby
Go, and Funny Cide accomplished better ratings
on television and at the track and obviously
at the handle at Belmont than that whole Go
Baby Go did all of last year.
So it was great to have the whole
public and the nation focused on Belmont Park,
and it's all due, I think, to the whole team
and all the adventure that you had.
And you did great publicity, people
that -- you weren't paid PR people, but you
did a better job than most of those
high-priced Manhattan business groups in
promoting not only racing but Funny Cide. And
I think you did a marvelous job.
I think that obviously the jockey,
Mr. Santos, did a terrific job; the trainer,
Mr. Tagg, and his partner did a great job, and
everybody included. And we can never thank
you enough for what you've done for racing in
a five-week period with a lot less money than
most people do.
And I think we'll always be
grateful, we'll always remember it. And plus
we have Funny Cide running for a long time, we
3888
hope, and we can continue with the furor and
the excitement. And we'd like to thank you
very much for all of that.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on the
resolution?
Seeing none, the question is on the
resolution. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
resolution is passed.
(Applause.)
ACTING PRESIDENT MARCELLINO:
Senator Bruno, may we return to the
controversial reading.
SENATOR BRUNO: Mr. President,
can we at this time continue with the
controversial reading of the calendar.
ACTING PRESIDENT MARCELLINO:
Thank you.
The Secretary will read.
3889
THE SECRETARY: In relation to
Calendar Number 1116, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8351 and substitute it
for the identical Senate Bill Number 4195,
Third Reading Calendar 1116.
ACTING PRESIDENT MARCELLINO:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1116, by the Assembly Committee on Rules,
Assembly Print Number 8351, an act to repeal
Title 3 of Article 18A of the General
Municipal Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
Mr. President, this is truly a
historic day and a historic bill. This bill
will -- for a couple of reasons, actually, we
don't very often see an agency created by an
act of the State Legislature ever go out of
3890
business. But truly the Love Canal
Revitalization Agency has accomplished the
task, the mission that this Legislature and
Governor Hugh Carey back in the 1970s asked it
to do.
The Love Canal area of Niagara
Falls today is a revitalized area. It is a
neighborhood of 200-plus homes, 200-plus
families who live in a safe, clean place.
And the long-time executive
director of the Love Canal Revitalization
Agency, Frank Cornell, joins us here today for
this very historic moment, for the passage of
this bill, which will close down the Love
Canal environmental disaster and the agency
that saw Niagara Falls through that terrible
and tragic time forever.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Brown.
SENATOR BROWN: Thank you, Mr.
President.
I just want to join Senator Maziarz
in --
ACTING PRESIDENT MARCELLINO:
3891
Senator Brown, are you speaking on the bill?
SENATOR BROWN: Yes, I'm sorry,
on the bill, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Brown, on the bill.
SENATOR MAZIARZ: I thought you
were standing up to ask me a question on a
bill that you are cosponsoring. I didn't
understand that.
SENATOR BROWN: No, Senator, I am
in full support of you.
SENATOR MAZIARZ: I think it's
his turn to ask the --
ACTING PRESIDENT MARCELLINO: You
guys want to be alone?
(Laughter.)
ACTING PRESIDENT MARCELLINO:
Senator Brown, on the bill, please.
SENATOR BROWN: Thank you, Mr.
President.
I rise to speak on the bill, to
agree with Senator Maziarz that this is a
historic day in New York State as we witness
the Love Canal Revitalization Agency go out of
business.
3892
And the job has been done by the
revitalization agency. Over $12 million put
back on the tax rolls. As Senator Maziarz
said, over 236 families living in that area
again.
As we all know, it was a tremendous
environmental disaster in this state. And
some 23 years later the job has been done, the
agency is closing. And I too want to commend
Frank Cornell for the work that he and many
others have done to bring us to this point.
Thank you very much.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: It is,
unfortunately, relatively rare that we get to
celebrate the completion of a successful
effort in the area of environmental cleanup.
And this certainly is not just successful, but
a historical effort.
I do think that it points up one of
3893
our gravest failings, however, as a
Legislature this year. And I hope that in the
five legislative days that remain this session
we will turn our attention to all of the other
troubled sites around the state.
We still have a collapsed state
Superfund program. We need to refinance it,
we need to deal with the issues related to the
relationship of Superfund, brownfields, oil
spill program. We have bills that are not
that far apart.
And I would note that for the last
two years, from Commissioner Crotty, in
March 2001, published in the New York Times
several times in 2001 and 2002, we've heard of
site after site after site contaminated and
not being dealt with.
Let's take the lesson from the Love
Canal and try and do some work in the next
five days so that all of the other
contaminated sites in this state are not left,
as they are today, without any funds to
investigate and undertake new remediation
efforts. That's a modest goal that I think we
can all join together on and achieve.
3894
And in celebration of good work
done, let's try and get some more work done in
the next five days.
Thank you.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect August 31st.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
1175, by Senator Bonacic, Senate Print
4759A --
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Bonacic, an explanation has been asked
for by Senator Krueger.
SENATOR BONACIC: Thank you, Mr.
President.
3895
ACTING PRESIDENT MARCELLINO:
You're welcome.
SENATOR BONACIC: This is an act
to amend the Social Services Law to require an
investigation of all reports of child abuse
made by a hospital or medical or law
enforcement personnel.
Many times calls will come in to
what we call a hotline and there is no formal
procedure as to whether or not that call gets
referred to Child Protective Services for an
investigation.
In 1998, there was a call made to
the hotline concerning a 3-year-old boy named
Christopher Gardner. That call was never
kicked to Child Protective Services. That boy
was eventually brutalized in a very torturous
way and murdered by his mother, the mother's
boyfriend, and another woman who is charged
with assault.
Had we had this law in place, we
might have saved that child and others.
What we're trying to do here is to
say there are respected professions, let's
call them mandated state reporters. When a
3896
call comes in to that hotline from these
mandated reporters -- such as doctors, nurses,
podiatrists, social workers -- you'd better --
that's a red flag. You don't have the
discretion. We want you to kick it to Child
Protective Services to do an investigation
immediately in case any of those children
concerning the call are in harm's way.
That's the purpose of the bill.
ACTING PRESIDENT MARCELLINO:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Through you, if the sponsor
would yield to a question.
SENATOR BONACIC: Certainly.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Bonacic, I think this is an
excellent bill. It highlights something that
we are all concerned about, ensuring that if a
child is at risk and a contact was made, that
government responds appropriately.
And I too believe that,
particularly with medical personnel and others
3897
working in a hospital facility, the thought
that a child goes into a hospital hurt,
somebody recognizes something, they make a
call and yet there's never an investigation
done, is a horror and should not be allowed to
continue.
But my question is, in your bill we
don't talk about any new money for child
welfare services. I represent New York City.
We are in a situation where right now, as we
speak, in our city budget there are proposals
to cut the number of child welfare workers and
inspectors and people who do the follow-up on
abused children.
And so how do we go forward with
what I agree is a very good bill and a very
justified bill without providing funds to
localities to ensure that they have the staff
to increase the number of investigations that
this bill will require to be made?
SENATOR BONACIC: First of all, I
think that last year there was about 320,000
calls to the hotline, of which about 150,000
triggered an investigation, about a third that
were legitimate.
3898
This bill says we're trying to do a
reform on that initial call to the hotline to
get it into Child Protective Services. What
you're saying is we should be beefing up Child
Protective Services so we can make sure that
the 50,000 cases, if it's a repeat statistic
for this year, are investigated in a timely
manner. That's what you're saying.
I don't disagree. But, you know,
the budget process is what it is. It's an
omnibus document. It covers categories of
expenditures in so many areas. But I would
join with you in an area, especially if the
demand is up for investigation, that there
should be more personnel to investigate.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, briefly on the bill.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Well, as I've said, I think this is
a good bill. And yet I don't believe that we
will have the money in certain localities to
follow through with the increased
investigations.
3899
So my concern is that absent that
money, what will happen is if there's a
mandate for an investigation by every call
triggered from a hospital, what we will see --
and I know it is not the intent of this
legislation -- we will see a decrease in
responsive investigations for people who make
calls who are not in hospital settings.
So that the teacher who may see
something in the classroom for a child and yet
it hasn't risen to the level where that child
ends up in an emergency room, or the neighbor
who believes that they have witnessed abuse of
a child who makes a call but is not a
mandatory reporter, will fall lower on the
scale, again, perhaps earlier in the process.
So I fear -- while I will vote for
this bill, I fear that without adequate
resources invested by the State of New York
into expansion of our child welfare system,
one of the outcomes not intended by this
legislation, but one of the outcomes may be
that while we get a greater response of
immediate investigations for children whose
abuse are reported through a hospital setting,
3900
that children who might have been helped in an
earlier-stage situation out in community or in
school settings, won't get the response at all
because there won't be any workers to do those
kinds of investigations.
And so we will have moved the
problem along to a worst-case scenario when
perhaps, if we'd had the adequate resources to
do the investigations, we could have caught
some of this abuse much earlier in the process
than when they walk into or are taken into an
emergency room in such bad condition that
doctors and nurses and social workers are
calling.
So I will support the bill, but
with the great hesitation that unless we
invest in these programs that we are passing
into law, unless we address the problem of
unfunded mandates -- because that's what this
bill is -- that we actually end up doing harm
on one end by trying to help on another.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery, why do you rise?
SENATOR MONTGOMERY: Yes, Mr.
3901
President, I would like to make comments on
the legislation.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. Mr.
President, this bill is -- I want to say that
I also am concerned about the issues raised
around who is going to pay for the increased
financial burden.
But in addition to that, I would
just like to compliment Senator Bonacic on two
things. One, the process.
We discussed the legislation in our
committee, and our committee chair agreed
there were some legitimate issues raised with
the language. Senator Bonacic accepted the
comments and sought to make changes in his
bill to accommodate the language, essentially
tightening it up so that it wasn't -- it did
not seem to open it up to any and every person
involved with any hospital.
And I want to say that I really
appreciate that. I think that's the way that
our -- when I first came to this Legislature,
that's the way we worked together. And I am
3902
happy to see that it's happening, because I
think that's the way our body should work. So
I really appreciate that.
The second thing that I want to say
is that in this -- with this legislation,
Senator Bonacic seeks to create a stronger
communication and a more efficient response to
issues raised regarding child abuse and
neglect cases. And that's extremely
important.
I only wish that we could do the
same thing on that -- hopefully, Senator
Bonacic might consider discussing the
possibility of doing this with other agencies
that involve themselves with issues related
specifically to child abuse and family --
dysfunctional families and their problems.
Because one of the things that's
always raised when I talk to child welfare
organizations in my district is that because
of a lack of communication, so many children
fall through the cracks. And if there were a
closer working relationship between agencies
responsible at the government level and those
community agencies that are responsible on the
3903
front-line level, we could save a lot more
families and prevent a lot more total
breakdown in terms of child abuse, foster
care, and et cetera.
So this is going in the right
direction. I certainly support it. And as I
said, Mr. President, the process I thought led
to a much better bill. And hopefully we can
continue to work with Senator Bonacic on other
legislation that seeks to do similarly what
his bill is doing today.
I'm certainly supporting this bill.
Thank you.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator.
Any other Senator wishing to be
heard on the bill?
Seeing none, read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MARCELLINO:
Senator Bonacic, to explain his vote.
SENATOR BONACIC: I just want to
publicly thank Senator Montgomery. This is a
better bill than we first proposed as a result
3904
of Senator Montgomery's recommendations. And
we took those recommendations, we put them in
amendment format, and it's much tighter, it's
clearer, and I thank you, Senator, for your
help on this particular bill.
But the other message I'd like to
mention to you, this bill has passed since
1996 through 2000. The votes in 1999 and 2000
much 58 to 0, 59 to 0. We can't get the
Assembly even to let it out of their
committee.
There's something wrong when this
house, in a bipartisan way, can agree
unanimously that there is -- there are
children falling through the cracks and we can
try to make it better. And for that committee
not to take it up, not to put it, you know,
through the committee and to the floor,
something is radically wrong.
And I'm not naming individuals.
But I would just ask my colleagues, when you
talk to your colleagues in the other house,
this might be a subject you might want to
mention.
Thank you, Mr. President.
3905
ACTING PRESIDENT MARCELLINO:
Senator Bonacic will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Kuhl, that finishes the
calendar.
And we'd like to return to
housekeeping. We have some motions.
SENATOR KUHL: Could we go to the
order of motions and resolutions. And I think
there's a couple of amendments that need to be
made.
Would you recognize Senator
Fuschillo.
ACTING PRESIDENT MARCELLINO: We
will return to the order of motions and
resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Marcellino, on
page number 46 I offer the following
amendments to Calendar Number 1034, Senate
3906
Print Number 3060A, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MARCELLINO: The
amendments will be accepted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Nozzolio, on
page number 50 I offer the following
amendments to Calendar Number 1156, Senate
Print Number 5312, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MARCELLINO: The
amendments will be accepted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Yes, Madam
President. There being no further business to
come before the Senate today, I move we stand
adjourned until tomorrow, June 12th, at
10:00 a.m.
3907
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Thursday, June 12th, at 10:00 a.m.
(Whereupon, at 4:40 p.m., the
Senate adjourned.)