Regular Session - June 12, 2003
3908
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 12, 2003
10:10 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
3909
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I would ask all present to stand
and join me in the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: We're
joined in the chamber this morning by Pastor
Robert Mackay, Seventh-Day Adventist Churches
of Oneonta, Norwich, Lincklaen Center, and
Utica, from Morris, New York.
Pastor.
PASTOR MACKAY: Thank you.
Good morning, Senators. My
scripture passage is taken from Lamentations,
Chapter 3, verses 22 and 23: "The Lord's
loving kindnesses indeed never cease, for His
compassions never fail. They are new every
morning. Great is Thy faithfulness."
Let us pray, shall we.
Thank You, gracious God, that all
these blessings we encounter this morning are
due to Your increasing love, Your unfailing
compassion, and Your unchanging faithfulness.
3910
What an honor it is to recognize these
attributes of Your character.
Please join us in these Senate
chambers and, more so, dispatch Your holy
spirit to reside in the chambers of our
individual hearts, where You may speak to us
words of encouragement to boost our
faithfulness, to enlighten us with wisdom, and
to empower us through compassion as we serve
You and the people of New York.
Amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, June 11, the Senate met pursuant to
adjournment. The Journal of Tuesday, June 10,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
3911
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Volker, on
page 23 I offer the following amendments to
Calendar Number 569, Senate Print 2326, and I
ask that this bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on Third Reading Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Saland, on page 21 I
offer the following amendments to Calendar
Number 536, Senate Print 4224, and I ask that
that bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on Third Reading Calendar.
Senator Skelos.
3912
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
ACTING PRESIDENT McGEE: There
are. The Secretary will read.
THE SECRETARY: On page 20,
Senator Velella moves to discharge, from the
Committee on Rules, Assembly Bill Number 7476A
and substitute it for the identical Senate
Bill Number 4119, Third Reading Calendar 499.
On page 51, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8578 and substitute it
for the identical Senate Bill Number 4621,
Third Reading Calendar 1209.
And on page 53, Senator Johnson
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8432 and
substitute it for the identical Senate Bill
Number 5369, Third Reading Calendar 1227.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
3913
ACTING PRESIDENT McGEE: The
Secretary will read.
Just one moment. Can we have some
quiet, please.
Thank you.
THE SECRETARY: Calendar Number
127, by Senator Wright, Senate Print 1068A, an
act to amend the Environmental Conservation
Law, in relation to identification of traps.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
160, by Senator Seward, Senate Print 1591, an
act in relation to creating the D.R. Evarts
Library District.
ACTING PRESIDENT McGEE: Read the
last section.
3914
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
200, by Senator Flanagan, Senate Print 2372A,
an act to amend the Public Authorities Law, in
relation to the financing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
340, by Senator Libous, Senate Print 2579, an
act to amend the Mental Hygiene Law and the
3915
Correction Law, in relation to reimbursement.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
414, by Senator McGee, Senate Print 2754A --
SENATOR SCHNEIDERMAN: Lay it
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
499, substituted earlier today by Member of
the Assembly Nolan, Assembly Print Number
7476A, an act to amend the Labor Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
3916
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
573, by Senator Marcellino, Senate Print
4131A, an act to amend Chapter 122 of the Laws
of 2000 amending the Environmental
Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39. Nays,
1. Senator Padavan recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
720, by the Assembly Committee on Rules
3917
Assembly Print Number 8136, an act to amend
the Executive Law, in relation to authorizing
crime victims' awards.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
727, by Senator Nozzolio, Senate Print 4734A,
an act to amend the Correction Law, in
relation to custody and supervision.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
3918
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
765, by Senator Maziarz, Senate Print 565C, an
act to amend the Real Property Law, in
relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
774, by Senator Kuhl, Senate Print 4720A, an
act to amend the Private Housing Finance Law,
in relation to housing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
3919
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT McGEE: The bill
is passed.
Could we please have some quiet.
Please? Thank you.
The Secretary will read.
THE SECRETARY: Calendar Number
808, by Senator Fuschillo, Senate Print 3294A,
an act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
818, by Senator Flanagan, Senate Print 3581,
an act to amend the Public Health Law and the
Correction Law, in relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
3920
THE SECRETARY: Calendar Number
850, by Senator Trunzo, Senate Print 1777, an
act to amend the Executive Law, in relation to
requiring state agencies.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
931, by Senator Spano, Senate Print 3778A, an
act to amend the Navigation Law, in relation
to increasing the pilotage fees.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect January 1, 2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
3921
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
956, by Senator Skelos, Senate Print 3343B, an
act to amend the Public Officers Law, in
relation to authorizing deputy sheriffs.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1034, by Senator Marcellino, Senate Print
3060B, an act to amend the Penal Law, in
relation to surreptitious surveillance.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
3922
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read.
THE SECRETARY: Section 6. This
act shall take effect on the 60th day.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1047, by Senator Flanagan --
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT McGEE: The bill
3923
is laid aside for the day.
THE SECRETARY: Calendar Number
1049, by Senator Kuhl, Senate Print 2244A, an
act to amend the County Law, in relation to
authorizing wireless communications.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1075, by Senator Saland, Senate Print 3919A,
an act to amend Chapter 942 of the Laws of
1983 and Chapter 541 of the Laws of 1984.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
3924
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1088, by Senator Farley, Senate Print 812A, an
act to amend the County Law, in relation to
wireless communications service.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1157, by Senator Wright, Senate Print 5342, an
act to amend Chapter 519 of the Laws of 1999,
amending the Alcoholic Beverage Control Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
3925
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1164, by Senator Brown, Senate Print 3326B, an
act to amend the Highway Law, in relation to
the designation of the "Jennifer Bolender
Memorial Overpass."
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1194, by Senator Breslin, Senate Print 588, an
act to amend the Uniform City Court Act, in
3926
relation to qualifications for city court
judge.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1195, by Senator Kuhl, Senate Print 744, an
act to amend the Tax Law, in relation to
including income from a managed Christmas tree
operation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
3927
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1197, by Senator Skelos, Senate Print 2124A,
an act to amend the Retirement and Social
Security Law, in relation to allowing the
transfer.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE: Thank
you.
3928
There will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
SENATOR SKELOS: Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Skelos.
THE SECRETARY: Calendar Number
1198, by Senator Hannon, Senate Print 2922, an
act to amend the Lien Law, in relation to
extending the period before which a notice of
lien for a public improvement is discharged.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1199, by Senator Volker, Senate Print 3260, an
act to allow certain employees of the Niagara
Frontier Transportation Authority.
3929
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1200, by Senator Maziarz, Senate Print 3341,
an act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1201, by Senator Balboni, Senate Print 3756,
an act to amend the Real Property Law, in
relation to requiring sellers.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
3930
THE SECRETARY: Calendar Number
1202, by Senator Volker, Senate Print 3893, an
act in relation to granting Nancy Janish
certain service credit.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1203, by Senator Marchi, Senate Print 3943, an
act to amend the Navigation Law, in relation
to pilotage fees.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
3931
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1204, by Senator Wright, Senate Print 4063A,
an act to amend the Agriculture and Markets
Law, in relation to the definition of milk.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1205, by Senator Fuschillo, Senate Print 4103,
an act to amend the General Municipal Law, in
relation to regulation of taxicabs and
limousines.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
3932
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1206, by Senator Hannon, Senate Print 4236, an
act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1207, by Senator Bonacic, Senate Print 4327 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1209, substituted earlier today by the
3933
Assembly Committee on Rules, Assembly Print
Number 8578, an act to amend Chapter 244 of
the Laws of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1210, by Senator Lachman, Senate Print 4672,
an act to amend the Penal Law, in relation to
tampering with a fire protection device.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1212, by Senator Kuhl, Senate Print 4908, an
act to amend the Vehicle and Traffic Law, in
3934
relation to weights and dimensions.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1213, by Senator Kuhl, Senate Print 4910, an
act to amend the Vehicle and Traffic Law, in
relation to obstruction.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1214, by Senator Libous, Senate Print 4921, an
act to amend the Vehicle and Traffic Law, in
relation to fines for parking in a handicapped
parking access aisle.
3935
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1215, by Senator Saland, Senate Print 5059A,
an act to amend Chapter 147 of the Laws of
2001, amending the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays
2. Senators Fuschillo and LaValle recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
3936
is passed.
THE SECRETARY: Calendar Number
1216, by Senator Marcellino, Senate Print
5077, an act to amend the Environmental
Conservation Law, in relation to environmental
protection.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect heeled.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1217, by Senator Flanagan, Senate Print 5087,
an act to amend the Parks, Recreation and
Historic Preservation Law, in relation to the
Long Island State Park.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3937
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1218, by Senator Little, Senate Print 5132, an
act to amend the General Municipal Law, in
relation to bail monies.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1219, by Senator Johnson, Senate Print 5141,
an act to amend the Public Officers Law, in
relation to allowing.
SENATOR BROWN: Lay it aside.
3938
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1221, by Senator Golden, Senate Print 5279 --
SENATOR BROWN: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1222, by Senator Kuhl, Senate Print 5281, an
act to amend the Public Officers Law, in
relation to waiving the residency requirement.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1223, by Senator Rath, Senate Print 5285 --
SENATOR BROWN: Lay it aside.
3939
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1224, by Senator Balboni, Senate Print 5308,
an act to amend the Criminal Procedure Law, in
relation --
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1226, by Senator Hannon, Senate Print 5322, an
act to amend Chapter 303 of the Laws of 1999.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1227, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
3940
Number 8432, an act to amend the Environmental
Conservation Law, in relation to taking fish
fixed by regulation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1228, by Senator Robach, Senate Print 5428, an
act to amend a chapter of the Laws of 2003,
relating to authorizing the City of Rochester.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2003.
ACTING PRESIDENT McGEE: Call the
3941
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hannon, that completes the
noncontroversial reading of the calendar.
SENATOR HANNON: Yes, Madam
President. Could we go to the controversial
calendar, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
414, by Senator McGee, Senate Print 2754A, an
act to amend the Highway Law, in relation to
the designation and maintenance.
SENATOR BROWN: Explanation.
SENATOR SPANO: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
808, by Senator Fuschillo, Senate Print 3294A,
an act to amend the General Business Law, in
relation to --
3942
SENATOR BROWN: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Fuschillo, an explanation has been requested.
SENATOR FUSCHILLO: Thank you
very much, Madam President.
On a beautiful, sunny day on
February 17th of this year, down in Florida,
it was 81 degrees, the humidity was
72 percent, and the Baltimore Orioles were in
spring training. And a young man by the name
of Steve Bechler, who was just brought up from
the minor leagues, signed a contract with the
Baltimore Orioles, and passed out during
spring training while he was doing sprints.
They later found out that when this
young man -- vibrant, 251 pounds -- was rushed
to hospital, all his organs were shut down
except for his heart. They were pumping him
with fluid to try to revive his body, but they
couldn't get his body temperature down.
Twenty-three hours later, he died. And the
fluids ballooned him to 325 pounds.
And the autopsy revealed that
ephedra was in his body. And the product that
3943
he bought from a store had what they call a
stacking ingredient in it -- it contained
aspirin; ma huang, which is the Chinese herb
of ephedra; and caffeine. And he also took
the pills with a cup of coffee.
And what it did is it sped up his
metabolism, constricted his blood vessels in
his skin, and it prevented the body from
cooling itself.
His death certainly highlighted the
awareness of the dangers associated with
ephedra. His wife, that night, 23-year-old
Kiley, was going back to Seattle; they told
her to turn around and come back, seven months
pregnant. She gave birth to a baby two months
ago, Hailey.
Certainly a tragic event. But, as
I said, it highlighted the awareness of this
issue. So we did some research, we held a
public hearing a few weeks ago. And Senator
John Sabini was there, and I appreciate his
input.
And we had testimony from
individuals. A young couple from Long Island,
Tom and Karen Schlendorf, talked about their
3944
20-year-old son, a student at the University
of Albany, who took ephedra, died four hours
later from a heart attack.
We heard testimony from a
gentleman, Doug Hanson, who has two kids, now
age 12, age 6. Five years ago his wife was
training in the city at a gym. She worked in
the garment center, 37 years old. Her
so-called trainer or nutritionist told her to
take ephedra: It will be good, it will help
you lose weight, it will help you muscles, and
this is the miracle pill.
She died of a heart attack at the
age of 37. Autopsy report: ephedra.
So we looked into this even
further. We found out that there's no federal
regulation, it's not regulated by the FDA.
It's supported, the ban is
supported by the American Heart Association,
the Medical Society of New York State.
General Nutrition Centers, one of the largest
distributors in the country, worldwide has
more than 5,300 stores, last month pulled the
product in its shelves. Twin Labs, a
manufacturer of the product, said we're not
3945
manufacturing the product anymore.
The product has been banned by the
NCAA, the International Olympic Committee.
NASCAR is considering a ban. The NFL has
banned it. Minor league baseball has banned
it. Commissioner Bud Selig is calling on the
players' union to ban it in major league
baseball. The NBA wants it banned, and the
NHL wants it banned.
So in the absence of any federal
regulation, I feel it's important that the
State of New York provides a safety mechanism
for its residents.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Schneiderman.
SENATOR SCHNEIDERMAN: If the
sponsor would yield for a question.
SENATOR FUSCHILLO: Yes, I will,
Madam President.
SENATOR SCHNEIDERMAN: I note
that in this proposed regulation, Section 3
states that this shall not pertain to any drug
containing ephedra or ephedrine "that is
3946
lawfully sold, transferred or furnished
over-the-counter without a prescription
pursuant to the Federal Food, Drug and
Cosmetic Act or regulations adopted
thereunder."
What in fact are we banning?
Doesn't that provision mean that it's still
possible to buy over-the-counter products
containing ephedrine?
SENATOR FUSCHILLO: No. No, it's
not. Only by prescription only, Senator.
It bans the product -- if you read
the section before that, it lists the specific
products. Ma huang is the product we're
targeting, which is the Chinese herb.
SENATOR SCHNEIDERMAN: So in
Section 3, which has two parts, it refers to
"nothing in this section shall pertain to a
drug sold pursuant to prescription," but then
it also goes on to say "or furnished
over-the-counter without a prescription."
So my only question is this. What
are the products that are furnished
over-the-counter without a prescription
containing ephedrine that would still be
3947
available, if any?
SENATOR FUSCHILLO: Cold
medicines.
SENATOR SCHNEIDERMAN: Cold
medicines.
SENATOR FUSCHILLO: Right. Which
are regulated by the FDA.
SENATOR SCHNEIDERMAN: Thank you.
No further questions.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I would
like to say that I think this is a good
example of the state government stepping in
where it's necessary.
And I think that it's nice that
Senator Fuschillo, who has protected us
earlier this year from secondhand smoke, is
stepping in with another serious medical
problem.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Yes, Madam
3948
President. I would like to congratulate my
colleague from Long Island, once again, for
taking leadership on a very serious issue. I
have had constituents in my district who have
suffered from the effects of ephedra. They
have lost children.
And this is a serious, serious
problem with over-the-counter medications
where claims are made that cannot be
substantiated, in many cases, without proper
medical attention, without proper medical
advice, and, if not used correctly, can lead
to serious injury and/or death.
And again, Senator Fuschillo is to
be congratulated for taking this action and we
hope that the federal government will move in
and do so on a nationwide basis, because this
is an extremely serious problem and should not
be taken lightly.
And the word should go out to all
youngsters, and anybody who's looking for
weight loss or any other situation, that this
is not the way to go, these over-the-counter,
quick-fix medicines that make all kinds of
crazy claims that cannot be substantiated and
3949
in many cases lead to serious problems,
serious problems.
So let's take a good word from our
colleague. I've very proud of him for doing
this, and I'm proud of this body for acting
the way it has.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Sabini.
SENATOR SABINI: Thank you, Madam
President.
I just want to also congratulate
the sponsor. The Consumer Affairs Committee
held a field hearing in Amityville in which we
heard testimony from several experts and also
very compelling testimony from people who lost
family members.
And while I believe that there are
some positive uses for the substance known as
ephedra, having doctors be the ones
prescribing it I believe is the only way to
go.
We heard in several cases of people
at impressionable ages taking this substance
and becoming critically ill from it. And if
3950
it's available over the counter, certainly
people at a young age would be less likely to
understand the dangers of this and the
possible harmful effects.
So I congratulate Senator Fuschillo
and intend to vote aye.
Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Sabini.
Any other Senator wishing to speak
on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
818, by Senator Flanagan, Senate Print 3581,
an act to amend the Public Health Law and the
Correction Law, in relation to requiring.
SENATOR SCHNEIDERMAN:
3951
Explanation.
ACTING PRESIDENT McGEE: Senator
Flanagan, an explanation has been requested.
SENATOR FLANAGAN: Thank you,
Madam President.
This bill requires that overnight
camp operators have to check the sex offender
registry for prospective employees, to check
whether or not they're on the registry.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes,
briefly, Madam President, just to explain my
vote.
I think everyone appreciates the
concern expressed in the bill that Senator
3952
Flanagan has just put before us.
I would like to call attention to
the fact that there has been opposition from
the camp directors, really for a very basic
reason, which is that it is an extreme burden
on small businesses to conduct the kinds of
investigations we're calling for.
So I would urge that while it's
important for us to protect the children of
our state in every way we can, we also have to
be cognizant of the need to provide funding if
we are going to be requiring businesses to
undertake investigations pursuant to this sort
of legislation.
And as of right now, the state
budget really is deficient in terms of our
providing the resources needed to take
advantage of things like the registry of names
or the DNA database or other uses of
technology that are very, very important to
the expansion of the effectiveness of our
criminal justice system.
But I would urge that we take a
look at the cost imposed on businesses as we
continue to expand these sorts of activities.
3953
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Schneiderman.
The Secretary will read.
THE SECRETARY: Calendar Number
1034, by Senator Marcellino, Senate Print
3060B, an act to amend the Penal Law, in
relation to surreptitious surveillance.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Marcellino, an explanation has been requested.
SENATOR MARCELLINO: Thank you,
Madam President.
I'm very pleased to get up and
speak on this bill, because it's been a long
time coming.
This house has passed this bill on
a number of occasions, usually unanimously.
And we have had some problems getting it
through the other house. But recently we've
managed to get a breakthrough and we've
managed to negotiate a joint agreement. The
Governor has stated he will sign on, and in
fact has sent a message of necessity to get
3954
this bill on the calendar today so we could
act on it.
The bill establishes an
appropriately severe criminal penalty for
those who install, possess, or use a
surreptitious viewing device to observe,
capture visual images of another person in a
place where the other person has a reasonable
expectation of privacy and has not given his
or her consent.
The bill would also establish a
criminal penalty for those who use such
devices to capture visual images of the
intimate parts of another person or who sell,
disseminate, distribute or publish these
images.
In addition, the bill would add
these offenses to a list of crimes included in
the Sex Offender Registry Act. In other
words, the perverts who use this stuff, create
this stuff, and take these images would now be
listed under Megan's Law for all to see and
all to know. And we would therefore know who
these people are once and for all.
This is a form of virtual rape,
3955
ladies and gentlemen. This kind of activity
takes people in their most intimate times,
when they are feeling secure and have every
expectation to be completely private, and some
pervert is taking their picture for use and
dissemination amongst others and on the
Internet. Once on the Internet, it's never
retrieved. That incident goes on and on, to
the embarrassment of the individuals involved.
I have to thank the several
advocates who came forward -- especially
Stephanie Fuller, from my district -- who came
forward and, despite the personal
embarrassment that they have suffered, spoke
out and urged the passage of this bill.
I have to congratulate my colleague
in the other house, Robin Schimminger, for
working tirelessly to bring this bill to the
floor.
I have to congratulate Senator
Bruno and Speaker Silver for their actions to
bring this bill to the floor so that we could
get it resolved and we can close a major
loophole in this business.
And then, finally, I have to
3956
congratulate the Governor for his action and
willingness to sign this bill as quickly as we
can get it passed.
This is a major step. We've closed
a major loophole in the law. And we've
eliminated a serious problem and made it a
crime, a serious crime where people will do
crime, serious time in prison, not just a slap
on the wrist.
We have created the following list
of crimes.
We create a Class E felony for the
unlawful video surveillance in the second
degree. It punishes those who intentionally
use or install imaging devices to
surreptitiously view, broadcast, or record a
person undressing. It punishes those who use
or install an imaging device to
surreptitiously view, broadcast or record
under the clothing of another person, the
so-called up-skirt shot.
It creates a Class D felony for
unlawful video surveillance in the first
degree. It punishes those who commit the
crime of unlawful video surveillance in the
3957
second degree and also has been convicted
within the preceding ten years of unlawful
video surveillance.
It creates a Class A misdemeanor
for disseminating an image or images of a
sexual or other intimate part of another
person.
It creates a Class E felony for the
dissemination of unlawful surveillance images
in the first degree. It prohibits those who
unlawfully obtain and then sell, publish or
disseminate images of the sexual or other
intimate parts of another person.
It punishes, obviously, repeat
dissemination of this particular conduct and,
again, expands the scope of Megan's Law once
and for all to allow for the inclusion of
these persons convicted under the unlawful
surveillance in the first or second degree.
The time is right. I'm very
pleased that this bill will now become law.
And again, I wish to thank everybody involved.
For those who would like to, I'd
like, Madam President, to open this bill for
cosponsorship to any and all in the chamber
3958
who would like on the bill in the usual
manner. If anyone doesn't care to be on the
bill, they should notify the desk and their
name will not be added onto the bill.
Otherwise, I would like all names of our
colleagues put on the bill.
ACTING PRESIDENT McGEE: Thank
you, Senator Marcellino.
Any other Senator wishing to speak
on the bill?
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1200, by Senator Maziarz, Senate Print 3341,
an act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
ACTING PRESIDENT McGEE: Read the
last section.
3959
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1201, by Senator Balboni, Senate Print 3756,
an act to amend the Real Property Law, in
relation to requiring sellers.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1206, by Senator Hannon, Senate Print 4236, an
act to amend the Surrogate's Court Procedure
3960
Act, in relation to the authority.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1207, by Senator Bonacic, Senate Print 4327,
an act to amend the Public Authorities Law, in
relation to the power of the State of New York
Mortgage Agency.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
3961
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1210, by Senator Lachman, Senate Print 4672,
an act --
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Lachman, an explanation has been requested.
SENATOR LACHMAN: Okay. This
bill, Senate 4672, relates to tampering with
the fire protection devices. And it is a
series of measures in response to a series of
dormitory fires that have occurred over the
last three years, primarily but not limited to
college campuses.
In January, I believe in 2001, many
of us recall there was a dormitory fire at
Seton Hall University which was due to
tampering with equipment that would have
prevented a fire, and this led to the death of
several students.
Because there are frequent fire
alarms in college dormitories at all times,
there is evidence that dormitory fire
3962
protection devices tend to be tampered with.
However, this bill is not limited to college
dormitories. It includes all fire protection
devices, including those in schools,
hospitals, apartment buildings, office
buildings, and public facilities.
The bill creates two new crimes
related to tampering with fire protection
devices such as smoke alarms, fire alarms, and
sprinkler systems.
And it creates, one, a
second-degree tampering with a fire protection
device. And this is tampering with a device
for the first time by an unauthorized person.
And this would be a Class A misdemeanor. The
sentence for a Class A misdemeanor is more
than 15 days but less than one year.
Now, the second-degree tampering
with a fire protection device is the same --
and the first-degree tampering of a fire
protection device is the same as the second
degree but includes, in addition, that the
perpetrator is a repeat offender, this was not
the first time that the perpetrator had done
this, but it could be the second or third time
3963
when he's apprehended.
Second, and this is very important,
a person has to be injured as a result of this
tampering. And, thirdly, there could be $250
or more in property damage as a result of
tampering with a fire protection device more
than once.
Now, the Class E felony is a
sentence of one year but no more than four
years.
Currently, someone who tampers with
a fire protection device may be subject to
homicide charges, such as negligent homicide
or second-degree murder, for reckless
disregard of human life if someone should die.
But those have been difficult to prove in
courts of law.
Now, this adds criminal penalties
which fire departments throughout the state
would be asked to enforce.
ACTING PRESIDENT McGEE: Thank
you, Senator Lachman.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would yield.
3964
ACTING PRESIDENT McGEE: Senator
Lachman, would you yield for a question?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Thank you, Madam
President. Through you, was there a hearing
on this bill?
SENATOR LACHMAN: As far as I
know, the bill came out of the Rules
Committee.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Will you
continue to yield, Senator Lachman?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: He
continues to yield, Senator Duane.
SENATOR DUANE: Prior to its
going to the Rules Committee, was there a
public hearing?
SENATOR LACHMAN: No, there was
no public hearing. It came to the Rules
Committee based upon a bill by Senator
3965
Dollinger last year which did not have a
public hearing either.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Will you
continue to yield, Senator Lachman?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DUANE: What happens now?
What's the -- what would happen to someone who
tampered with a fire device now?
SENATOR LACHMAN: As far as I am
informed, there are no criminal procedures
against the individual.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman?
He continues to yield.
SENATOR DUANE: So if someone
were found guilty of tampering with a fire
device, nothing would happen, they would go
3966
scot-free?
SENATOR LACHMAN: They could go
scot-free.
The college could be asked to
create greater inspection of their fire alarm
system, but there would not be any criminal
procedures. Except if someone should die, and
that would be very difficult in terms of
homicide charges.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: So through you,
Madam President, right now, under any of the
tampering laws on the books, a DA would be
unable to bring a charge against someone who
tampered with a fire alarm or a fire
extinguisher? They'd be unable to do anything
at all?
SENATOR LACHMAN: Under current
law, the local fire departments and fire
inspectors are asked to address tampered-with
fire protection devices, but there is no state
law short of homicide.
SENATOR DUANE: So through you,
Madam President, if the sponsor would continue
3967
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, will you continue to yield?
SENATOR LACHMAN: Absolutely.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: So even if, after
an investigation, it was discovered that a
person had actually tampered with a fire
device, the police would be unable to arrest
that person for having tampered or that person
could not even get a desk appearance ticket?
SENATOR LACHMAN: This would
depend upon the decision of recommendation of
the local fire department.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, will you continue to yield?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
3968
SENATOR DUANE: And if the local
fire department recommended that a person be
arrested or given a desk appearance ticket if
they were accused of tampering, would they
then have to appear in front of a judge?
Would the person, the tamperer, the alleged
tamperer then have to appear in front of a
judge?
SENATOR LACHMAN: This would
depend upon local jurisprudence and would not
be similar throughout the state of New York.
It is quite erratic, and there is no uniform
system.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, do you continue to yield?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: If a person were
accused of tampering with a fire alarm in a
hospital in New York City and the fire
department investigated and they believed that
3969
they had the perpetrator, what would happen
when that perpetrator was brought before a
judge in New York City?
SENATOR LACHMAN: There is no law
as to penalties for this perpetrator on a
criminal basis.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, will you continue to yield?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Then the alleged
perpetrator could not be arrested?
SENATOR LACHMAN: I'm not saying
that. I'm saying there's no law on the books
that would expedite what you would like to
expedite. It would be up to the local
jurisdiction, and especially the fire
department's recommendation.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
3970
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DUANE: What, under
present law, is the array of choices that a
district attorney could bring? What kind of
charges, without this law, could a district
attorney bring against an alleged perpetrator?
SENATOR LACHMAN: This would be
on an individual basis, since there is not any
overall law throughout the state of New York.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, will you continue to yield?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: I'm just hoping
to get at is there -- actually, let me -- I'm
going move off that for a moment, Madam
President. But if the sponsor would continue
to yield.
SENATOR LACHMAN: Yes.
SENATOR DUANE: Would a teenager
3971
who is arrested under this law, could a
teenager potentially be treated as an adult in
the criminal justice system?
SENATOR LACHMAN: As far as I
understand, under this law as it is
promulgated, the answer is no.
SENATOR DUANE: A teenager could
not --
SENATOR LACHMAN: Underage
teenager.
SENATOR DUANE: An underage
teenager could never be treated as an adult
under this legislation?
SENATOR LACHMAN: I didn't say
never could. But under the law that exists,
this has not been done up to now.
SENATOR DUANE: But through you,
Madam President, under the law which is before
us today, could a teenager be treated as an
adult?
SENATOR LACHMAN: As far as I
know, a teenager could not be treated as an
adult even under the law today.
SENATOR DUANE: Through you,
Madam President, not under the law as it
3972
exists today, but the law as it is sitting on
our desks today, could a teenager be treated
as an adult?
SENATOR LACHMAN: Under the law
that is on our desks today, the teenager
cannot be considered an adult, with one
possible exception, and that is really not on
the desk today. What is on the books in terms
of the death of individuals that have had a
fire detector tampered with would be
considered homicide, and that would follow
that rule.
So outside of the area of actual
homicide and the killing of an individual or
the maiming of an individual or bodily harm to
the individual, there is no such law.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, do you continue to yield?
SENATOR LACHMAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: What the sponsor
3973
has indicated is sort of a persistent offender
of this law, what is the number of times that
makes an offender a persistent offender, under
the law on our desks today?
SENATOR LACHMAN: Under the law
today, a persistent offender would be that
offender who does this more than once.
Under the law today, let me state
again, there is no statewide law dealing in an
area that is non-homicide which deals with the
problem.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, do you continue to yield?
SENATOR LACHMAN: Absolutely.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LACHMAN: My pleasure.
SENATOR DUANE: Are there any
memos in support or in opposition to this
legislation? From DAs or criminal justice
organizations or the New York City Fire
Department or --
3974
SENATOR LACHMAN: Not that I'm
aware of, unless it arrived today.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LACHMAN: Yes, I do.
It's good to be standing for a
while rather than sitting. Thank you, Senator
Duane.
SENATOR DUANE: Was this bill
made available to other senators to sponsor?
SENATOR LACHMAN: The bill was
made available to all senators to sponsor.
The bill follows the format of the
bill that Senator Dollinger sponsored last
year and was open for anyone and everyone to
sponsor at the beginning of the session.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lachman, do you continue to yield?
SENATOR LACHMAN: Yes.
3975
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DUANE: Is there an
Assembly sponsor for the bill?
SENATOR LACHMAN: No, there is
not. At this time.
SENATOR DUANE: Thank you, Madam
President. On the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: Thank you. I
wanted to give this bill, you know, some
hearing because there were no public hearings
on the bill.
And, you know, I've said -- and I
want to be consistent on this on bills,
particularly when they increase criminal
penalties or create a new class of crime -- I
think we really need to be responsible in
terms of making sure that we hear from
everyone that could be interested in it --
juvenile justice advocates, criminal justice
advocates, district attorneys. I think it
would be important to hear from fire
departments around the state on a piece of
3976
legislation like this.
So I just want to make the point
that pieces of legislation that are important
enough to create a new class of crime really
need to have the most thorough of public
airings on it.
I continue to have some questions
on this. I'm not convinced that there aren't
already laws on the books that would deal with
someone who committed this crime. I still
have some concerns about how it would impact
people who are under the age of 18 or, for
that matter, under the age of 21 who might be
impacted by this bill.
It's not that I don't think there
should be consequences for wrongful behavior;
I absolutely do believe that. But I want to
make sure that we are as careful as possible
when we craft these bills and put them on the
floor.
And another question, which I
didn't get a chance to ask, but which I'll
just put on the table for further thought, is
whether or not this bill builds in the
possibility of alternatives to incarceration
3977
for those who may be convicted of this new
crime.
So I'm going to vote no on this
now -- I don't feel any urgency, there isn't a
companion bill in the Assembly -- with the
hope that I can continue to work with the
sponsor and, if we do need to create a new
category of crime for this offense, that we
could work together to make sure that all
questions are answered.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Is there
any other Senator that wishes to speak on the
bill?
Senator Diaz.
SENATOR DIAZ: Thank you, Madam
President. Would the sponsor yield for a
question, please.
ACTING PRESIDENT McGEE: Senator
Lachman?
SENATOR LACHMAN: Yes, sir.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DIAZ: Through you, Madam
President. Senator Lachman, what made you --
3978
you know, what was the purpose of you
presenting this bill? What was in your mind,
to prevent what?
SENATOR LACHMAN: I assume you're
asking about my motivation.
SENATOR DIAZ: Yes.
SENATOR LACHMAN: Okay. Forgive
me for not being able to face you. I have to
face the chair and Madam President.
As you know, I have been a college
professor for many years and dean of a
university. And there had been many times
when fire detectors when went off when they
shouldn't have gone off, as well as not going
off when they should have gone off.
And many colleges and universities
complained -- even though this bill would
refer to other public institutions, but
essentially, colleges and universities -- that
children, that young people, young adults are
not fully protected by the law.
And after reviewing the legislation
that had been prepared by my colleague last
year I would agree, they're not fully
protected by the law, either as a misdemeanor
3979
or as a felony.
Meanwhile, you have -- just some
examples of other Class E felonies: voter
registration fraud, harassment of rent
regulated tenant, unlawful wearing of a body
vest, tampering or misuse of forensic DNA
evidence, failure to file income tax returns
for three consecutive years, bigamy, incest,
repeated offense of supplying a minor with
dangerous fireworks, advertisement of sale of
unauthorized recordings, either repeat offense
or large volume.
And I posit my belief that the
danger to college and university students
equals, if it's not superior, to the dangers
that are -- that I have just mentioned that
are Class E felonies.
So there was --
ACTING PRESIDENT McGEE: Excuse
me just one moment, Senator Lachman.
Senator Larkin.
SENATOR LARKIN: Madam President,
there will be an immediate meeting of the
Rules Committee in Room 322.
ACTING PRESIDENT McGEE:
3980
Immediate meeting of the Rules Committee in
Room 332.
Thank you so much, Senator Larkin.
SENATOR LACHMAN: I think I've
answered your question.
SENATOR DIAZ: Madam President,
on the bill.
You know, I think that Senator
Lachman is trying to do his best to prevent
death, to protect our students and to protect
life.
As a fellow Democrat, I feel very
proud to see Senator Lachman introduce such a
bill. It is very difficult for us Democrats
to introduce, sometimes, any piece of
legislation here. And to see a fellow
Democrat being put through this kind of
questioning by another fellow Democrat, it is
kind of a difficult thing to understand.
So, Senator Lachman, you know, I'm
very proud of you. I'm very proud of you to
introduce this kind of legislation. As a
Democrat, I want to congratulate you for your
courage, for your knowledge, your dedication,
and you're favoring, supporting a bill that is
3981
a very important bill.
And, you know, thank you very much
for that bill.
ACTING PRESIDENT McGEE: Is there
any other Senator that wishes to speak on the
bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1212, by Senator Kuhl, Senate Print 4908, an
act to amend the Vehicle and Traffic Law, in
relation to weights and dimensions.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, could we lay that bill aside
3982
temporarily. There are some Senators in the
Rules Committee that want to address it.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1219, by Senator Johnson, Senate Print 5141,
an act to amend the Public Officers Law, in
relation to allowing.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Again,
Madam President, with the consent of the
Majority we would request that that bill be
laid aside temporarily so the Senators can
return from the Rules Committee to address it.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1221, by Senator Golden, Senate Print 5279, an
act to amend the Penal Law, in relation to
promoting prostitution.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the --
3983
SENATOR LARKIN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1223, by Senator Rath, Senate Print 5285, an
act to amend the Domestic Relations Law, in
relation to children born to a married couple.
SENATOR LARKIN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1224, by Senator Balboni, Senate Print 5308,
an act to amend the Criminal Procedure Law, in
relation to designating.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
3984
is passed.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: Mr. President,
can we take up Calendar Number 414, by Senator
McGee.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 414.
THE SECRETARY: Calendar Number
414, by Senator McGee, Senate Print 2754A, an
act to amend the Highway Law, in relation to
the designation and maintenance.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, Senator Schneiderman has requested an
explanation of Calendar 414.
SENATOR McGEE: Thank you, Mr.
President.
This bill amends the Highway Law to
allow a town to designate a little-used
agricultural or recreational road as a minimum
maintenance highway.
The purpose is allow appropriate
design and maintenance on little used
3985
agricultural and recreational roads and keep
such roads open rather than closing them at
certain times of the year.
It would recognize and standardize
an already accepted practice. Many rural or
town roads are currently so classified and
posted.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would yield
for some questions.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: What, if
any, is the definition of seldom-used
highways, here or elsewhere in the law, that
would allow to us understand what actions a
town board may take pursuant to this statute?
SENATOR McGEE: Those are usually
designated as primarily for access to
agricultural or recreational lands.
3986
I might add, a farmer might have a
field somewhere that he has a road that leads
to it. I might add they might have a cottage
somewhere that is only used during the
summertime.
And given the fiscal problems that
not only as a state recognizing, but local
governments have the same, it's much easier on
the local governments to not have to maintain
those roads permanently.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield?
SENATOR McGEE: Absolutely. Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: I guess my
concern is that -- and maybe I'm missing
something -- is there anything in this bill
that actually provides any definitional
guidance as to how much use on a road would
enable it to be designated as a, quote,
seldom-used highway?
3987
SENATOR McGEE: I don't think
that it's within the bill itself. But I
believe it's in previous laws that have been
passed, because a number of the states already
have empowered localities to do the same.
And in New York State, some
localities are have already adopted local laws
to adopt this issue. And it's based on
guidelines adopted and published by the New
York State Local Roads and Research
Coordination Council in 1992.
Title 17 of the New York State
Official Compilation of Codes, Rules and
Regulations contains those requirements for
the posting of such minimum maintenance roads
in the state.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Absolutely. Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Is there
3988
any additional exposure that we might be
opening local governments to for liability if
they designate a road as a seldom-used highway
and reduce the maintenance and then someone is
injured as a result of the poor maintenance?
SENATOR McGEE: I would suspect
that that would be a decision made by the
local government, Senator Schneiderman. This
allows them to the option to do so.
I would point out that the New York
State Association of Towns and the New York
State Farm Bureau are in full support of this
bill.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
Thank the sponsor for her answers.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
understand the issue that we're trying to
address here. However, I am concerned about
the lack of any real definition of what
constitutes a seldom-used highway.
This opens the door for different
local governments having vastly different
3989
standards for seldom-used highways and for
reducing maintenance, which essential for
public safety on roads, without any clear
guidance from the Legislature.
There are roads that are used very
seldom for ten months of the year but that may
lead to a swimming hole that are used a great
deal in the other two months of the year.
So I would suggest that more
guidance is in order if we're going to provide
such permission to local governments.
I understand the need that we're
attempting to address. And certainly many of
the smallest communities in the state suffer
the most severely from the fiscal crisis.
But that is the concern I've
expressed here today. Mr. President. I hope
that as we move forward to try and solve this
issue that more guidance will be forthcoming,
either through legislation or through
regulation.
Thank you.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
3990
thank you, Mr. President. On the bill.
In committee, I had some serious
reservations, most of which have been
articulated by Senator Schneiderman.
But I just wanted to stress that I
think this is a safety issue. As we talked
about this, my concern was that many times
when we talk about minimum maintenance, it
becomes no maintenance. And it's haphazard.
The biggest concern that I have is
that many times these roads are used by
cyclists or hikers or whatever. And to
maintain these roads becomes important,
particularly for bikers.
And so I can't always be sure, nor
can you, most of us in municipalities, in
terms of how these roads are accessed. So for
us to -- I know that we have to be concerned
about the fiscal considerations. But I think
that public safety issues probably will become
more costly to us than the actual maintenance
of the roads.
So as I did in committee, I will
continue to vote no on this bill.
Thank you, Mr. President.
3991
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The debate is closed, then.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators Hassell-Thompson and Lachman
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1212, by Senator Kuhl, Senate Print 4908, an
act to amend the Vehicle and Traffic Law, in
relation to weights and dimensions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
3992
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1219, by Senator Johnson, Senate Print 5141,
an act to amend the Public Officers Law, in
relation to allowing state officers and
employees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1221, by Senator Golden, Senate Print 5279, an
act to amend the Penal Law, in relation to
promoting prostitution.
ACTING PRESIDENT MEIER: Read the
3993
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1223, by Senator Rath, Senate Print 5285, an
act to amend the Domestic Relations Law, in
relation to children born to a married couple.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
3994
SENATOR DUANE: Thank you, Mr.
President.
I'm going to vote no on this,
because not everyone that uses assisted means
of reproduction is actually married. And I
think the bill should be more inclusive. So
I'm going to vote in the negative in the hopes
that this bill will come back and be more
inclusive.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Larkin, that completes the
controversial reading of the calendar.
SENATOR LARKIN: Mr. President,
can we return to reports of standing
committees.
I believe there's a couple of bills
there.
ACTING PRESIDENT MEIER: Reports
3995
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1067, by Senator
Wright, an act to amend Chapter 647 of the
Laws of 2002;
2230, by Senator Meier, an act to
amend the General Municipal Law;
2610B, by Senator Kuhl, an act to
authorize the Village of Addison;
2757A, by Senator Seward, an act to
amend Chapter 725 of the Laws of 1989;
2787, by Senator Maziarz, an act to
amend the Real Property Tax Law;
3257, by Senator McGee, an act
authorizing;
3922A, by Senator Velella, an act
authorizing;
4086, by Senator Meier, an act to
amend the Real Property Tax Law;
4234, by Senator Maltese, an act to
amend the General Municipal Law;
4649, by Senator Lachman, an act to
3996
amend the Public Authorities Law;
4831, by Senator LaValle, an act to
amend Chapter 434 of the Laws of 1999;
4948, by Senator Kuhl, an act to
amend the Public Authorities Law;
4950A, by Senator Velella, an act
to authorize;
5046, by Senator Hoffmann, an act
to ratify, legalize and validate;
5107, by Senator Golden, an act to
amend the Penal Law;
5113, by Senator Little, an act to
amend the Local Finance Law;
5125, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
5148, by Senator Johnson, an act to
amend the Public Officers Law;
5166, by Senator DeFrancisco, an
act to amend the Estates, Powers and Trusts
Law;
5244, by Senator Libous, an act to
amend the County Law;
4539, by Senator Oppenheimer, an
act to authorize;
5311, by Senator Meier, an act in
3997
relation to legalizing;
5315, by Senator McGee, an act to
amend the Highway Law;
5321, by Senator Golden, an act to
amend the Criminal Procedure Law;
5325, by Senator Saland, an act to
amend the Education Law;
5331, by Senator Flanagan, an act
to amend the Vehicle and Traffic Law;
5347, by Senator Velella, an act to
authorize;
5360, by Senator Balboni, an act
authorizing the Village of Roslyn Estates;
5372, by Senator Padavan, an act to
amend the General City Law;
5373, by Senator Meier, an act
authorizing;
5375, by Senator Balboni, an act to
authorize;
5383, by Senator Golden, an act to
amend the Private Housing Finance Law;
5396, by Senator Volker, an act to
amend the Penal Law;
5412, by Senator Meier, an act
authorizing;
3998
5438, by Senator Rath, an act to
amend the Criminal Procedure Law;
5514, by the Senate Committee on
Rules, an act to amend Chapter 576 of the Laws
of 1974.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: I move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Larkin.
SENATOR LARKIN: Return to
motions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
3999
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
Amendments are offered to the
following Third Reading Calendar bills:
Sponsored by Senator Little,
page 13, Calendar Number 315, Senate Print
1783;
Sponsored by Senator LaValle, page
number 23, Calendar Number 595, Senate Print
4082;
Sponsored by Senator Flanagan, page
number 33, Calendar Number 795, Senate Print
Number 4990A;
Sponsored by Senator Marcellino,
page number 45, Calendar Number 1016, Senate
Number 2174A;
Sponsored by Senator Velella, page
number 51, Calendar Number 1211, Senate Print
Number 4696A;
Sponsored by Senator Wright, page
number 18, Calendar Number 484, Senate Print
Number 3800;
Mr. President, I now move that
these bills retain their place on the order of
4000
third reading.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the order of
third reading.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On page number 34, I offer the
following amendments to Calendar Number 819,
Senate Print Number 4016, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Seward, I wish
to call up Senate Print Number 3878A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
4001
782, by Senator Seward, Senate Print 3878A, an
act to amend Chapter 650 of the Laws of 1998.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Larkin.
SENATOR LARKIN: Mr. President,
can we just stand at ease for a few minutes.
We're waiting for some paperwork.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:26 a.m.)
4002
(Whereupon, the Senate reconvened
at 11:46 a.m.)
SENATOR MORAHAN: Mr. President.
ACTING PRESIDENT MEIER: Senator
Morahan, why do you rise?
SENATOR MORAHAN: I rise for a
point of information, sir, on the status of
the Senate at this moment. Would you please
clarify that for me?
ACTING PRESIDENT MEIER: The
Senate is standing at ease, awaiting a message
of necessity from the Governor.
SENATOR MORAHAN: Thank you very
much.
(Whereupon, the Senate stood at
ease at 11:47 a.m.)
(Whereupon, the Senate reconvened
at 12:00 p.m.)
ACTING PRESIDENT BALBONI:
Senator Velella, why do you rise?
SENATOR VELELLA: Mr. President,
if we can return to motions and resolutions, I
believe there are some motions to be taken up.
ACTING PRESIDENT BALBONI: We
will return to the order of motions and
4003
resolutions.
Senator Leibell.
SENATOR LEIBELL: Mr. President,
on page 52 I offer the following amendments to
Calendar Number 1220, Senate Print Number
5182, and ask that the said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT BALBONI: The
amendments are received, and the bill will
retain its position on the Third Reading
Calendar.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Maziarz, I
wish to call up his bill, Print Number 4991,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
935, by Senator Maziarz, Senate Print 4991, an
act to amend the Parks, Recreation and
Historic Preservation Law.
ACTING PRESIDENT BALBONI:
4004
Senator McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT BALBONI: Call
the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI:
Senator McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT BALBONI: The
amendments are received and adopted.
SENATOR VELELLA: Mr. President,
can we stand at ease for a few moments.
ACTING PRESIDENT BALBONI: The
house stands at ease for a few moments.
(Whereupon, the Senate stood at
ease at 12:04 p.m.)
(Whereupon, the Senate reconvened
at 12:05 p.m.)
ACTING PRESIDENT BALBONI:
Senator Velella.
SENATOR VELELLA: Mr. President,
4005
I believe there's a privileged resolution at
the desk by Senator Sampson. Can we have the
title read and move for its immediate
adoption.
ACTING PRESIDENT BALBONI: Clerk
will read.
THE SECRETARY: By Senator
Sampson, Legislative Resolution Number 2043,
urging the New York State United States
Congressional delegation to support HR1600, an
act to posthumously award a Congressional Gold
Medal to Jack "Jackie" Robinson.
ACTING PRESIDENT BALBONI: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: Any
nay?
(No response.)
ACTING PRESIDENT BALBONI: The
resolution is adopted unanimously.
SENATOR VELELLA: Mr. President,
can we take up Calendar Number 1260 at this
time.
ACTING PRESIDENT BALBONI: Clerk
4006
will read.
THE SECRETARY: Calendar Number
1260, by the Senate Committee on Rules, Senate
Print 5514, an act to amend Chapter 576 of the
Laws of 1974.
SENATOR VELELLA: Mr. President,
I believe there's a message of necessity at
the desk.
ACTING PRESIDENT BALBONI: Yes,
there is, Senator Velella.
SENATOR VELELLA: Move to accept
the message.
ACTING PRESIDENT BALBONI: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI:
Opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
message is accepted.
Senator Velella.
SENATOR VELELLA: Can we call the
bill before the house.
The bill is before the house.
4007
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT BALBONI:
Senator Schneiderman has requested an
explanation, Senator Golden.
SENATOR GOLDEN: Thank you, Mr.
President.
This bill is an extender that will
extend rent regulations till June 16th, to
allow it to be extended for one day so that
the rent regulations for the State of New York
will remain in place until that time.
ACTING PRESIDENT BALBONI: Thank
you, Senator Golden.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT BALBONI: On the
4008
bill.
SENATOR SCHNEIDERMAN: I think we
obviously have no choice but to vote for an
extension of rent regulations.
Unfortunately, we have come to the
end of the legislative session this year
without having negotiated a comprehensive bill
that addresses many of the failings of the
current law.
We spend a lot of time in this
house talking about the fact that we sometimes
come up with bills that the Assembly stands as
the obstacle to. In this particular
situation, it is absolutely clear that the
obstacle to protecting tenants in New York is
this house.
The Assembly has passed a bill
providing comprehensive reforms of the system
of rent control and rent stabilization. We
have not been able to do so.
And I think while we have to
support an extension for one day -- although
we may have to provide other extensions next
week, since it doesn't seem that we're close
to getting anything that's acceptable to the
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tenants in the city and in the suburbs who are
at risk -- we have to focus on the fact that
this is where the spotlight comes on the
Senate.
It's not a victory for tenants just
to renew the existing laws. It is, in fact, a
betrayal of tenants. The Assembly's bill
provides for critical reforms that are
essential for maintaining our system of
affordable housing in New York.
According to a recent report, we
have lost at least 168,000 units from the rent
control and rent stabilization system in the
last decade. This is the loss of a critical
resource. That's like closing down schools.
That's like closing down firehouses. That's
like shutting down factories. It is a
catastrophe for thousands and thousands of
working people in this city.
So let's take responsibility for
what is now on our plate. If the Senate does
not deliver the reforms that were in the
Assembly bill, we have failed. And that is
the fact we have to deal with in the next
seven days.
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We have to take away the statutory
vacancy bonus. It's now 20 percent; reduce it
to 10 percent at the most. We have to deal
with the vacancy decontrol problem. We have
to expand the scope of the rent protection
laws to cover Mitchell-Lama and Section 8
buildings.
These are all things that are on
the table that the Assembly has passed
overwhelmingly. It's now our turn.
So while I urge everyone, of
course, to support this one-day extender, we
have a week left to deal with far larger
issues. And this is not something we should
adjourn without addressing.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
On the bill.
ACTING PRESIDENT BALBONI: On the
bill.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I am embarrassed to be a member of
4011
the Senate on a day when we are doing a
one-day extender on a bill that we have known
was coming up for sunset since this bill was
renewed in 1997.
Senator Eric Schneiderman talked
about what we should be passing. I just want
to highlight that because we are not even
anywhere near passing the bill that Senator
Padavan has sponsored here in the Senate and
was passed by the Assembly in February, we are
now going to go home while almost 2 million
people in New York City wonder whether they
will continue to be able to stay in their
homes if we do not do our jobs.
And we're talking about senior
citizens who panic easily about their futures,
and rightly so. We're talking about families
with children. We're talking about,
unfortunately, too many unemployed people who
are already in daily panic over their
inability to meet their monthly rent payments.
We are talking about a time where
we are losing affordable housing every day in
the areas of the state of New York that are
affected by this legislation, where our rents
4012
are continuing to increase not just because of
the failed errors of this house in 1997, the
last time we renewed the law, but as we speak
the City of New York is exploring Rent
Guidelines Board increases of up to
8.5 percent, if not more, at a time when the
fixed income of senior citizens and the
disabled do not go up 5.5 or 8.5 percent per
year, where, again, our housing courts in New
York City are filled and overwhelming and
overbrimming with the number of people being
dragged in for evictions because they cannot
afford to pay their current rent, and every
moment that we don't act on rent regulation is
another lost unit of affordable housing for
them to stay in or find for themselves to go
to.
We should be staying here now and
through the weekend to hammer out the
differences between the Senate and the
Assembly. It should come as no surprise to
anyone that today was the last day we had
before June 15th to get this done. We've had
a bill in the Senate for multiple months --
Senator Frank Padavan's bill -- that matched
4013
the Assembly bill. We had no discussions in
the Housing Committee on this legislation. We
created no conference committees between the
two houses, no task forces to work across both
parties in both houses to deal with this
issue.
The fact that we are going to pass
a one-day extender today, literally at the
last moment, is something that none of us
should not recognize is an embarrassment about
this Legislature's failure to be able to
function for the people of New York.
So I will vote for this, as opposed
to alternative, which is to let this bill
sunset with nothing in place. But we have to
get this done. And I would argue, if I could
amend this bill -- which I cannot at this
point -- that we should stay here until we get
this done and not go home and not adjourn to
next week.
Thank you.
ACTING PRESIDENT BALBONI:
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. Just briefly on the bill.
4014
ACTING PRESIDENT BALBONI: On the
bill.
SENATOR HASSELL-THOMPSON: In my
district, there's 15,000 units of housing
which is Mitchell-Lama. Further down in the
southern portion of my district is a smaller
but very important Mitchell-Lama. Both of
these developments are post-1973.
I am going to support, as my
colleagues are, this bill. But I am deeply
concerned that between now and Monday, the
commitments and promises that I've heard made
to the tenants across the state of New York,
and particularly in the City of New York, I
have heard nothing reflected that says that
we're going to pass the right kind of rent
control bill.
We have an obligation to do the
right thing. And we certainly have the
opportunity, and I know we have the talent and
the skill to be able to do that.
So doing this extender means that
when we come back on Monday, I would hope that
if we needed to adjourn and stay here for as
long as it took us to pass the casino bill --
4015
and if we were as good at doing that as I know
we can be about doing this tenant bill, then I
will feel better about the work that we will
have done next week.
But certainly we have a tremendous
obligation, and I think that we have shirked
it. And this extension does not do anything
but do as my colleague has said, embarrass us
because we waited until the 11th hour.
Thank you.
ACTING PRESIDENT BALBONI:
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President.
At the risking of
uncharacteristically sounding sarcastic about
this, I often here in this chamber that
downstaters don't understand upstaters and
upstaters' interests, which I actually don't
agree. I think that's not true. It's
certainly not true, I don't think, in my case.
But here we are extending tenant
protection for one day. And if that's not
insensitive to people who live downstate, I
don't know what is.
4016
I get calls, hundreds, literally
hundreds of calls from people in my district
worried about whether or not they're going to
be able to stay in their homes. And if that's
not insensitive to the basic ability of people
to live downstate, I just don't know -- you
know, I just don't know what is.
We're talking about people's homes.
And to, you know, say well, you know, we'll
pass a law that will let you stay in your
homes till Monday, it's a disgrace. And it's
not as if we didn't know that this day wasn't
coming upon us.
So, you know, I'm kind of torn
about whether or not to vote for this bill,
whether I should vote no to send a signal that
the way the Legislature has treated this issue
is a disgrace, or to vote yes because I want
to be part of the group of people that want to
assuage people's fears till Monday.
But, you know, to just -- to extend
inadequate rent protection for one more day is
really a disgrace. And we should be able to
do better than this.
Thank you, Mr. President.
4017
ACTING PRESIDENT BALBONI:
Senator Lachman.
SENATOR LACHMAN: Yes, I would
like to say, with your permission, Mr.
President, that I will support this bill --
reluctantly, but I will support it because
there is no other alternative.
However, we all know that rent
stabilization is imperative to the viability
of life and the quality of life in the city of
New York.
And I would like to undo the errors
that were made seven years ago when this came
before the State Legislature. And in the last
seven years, 100,000 people who were living in
rent-stabilized apartments are no longer
living in those apartments.
I think we'll on Monday, I hope,
have an earnest and clear debate and come up
with a program and conclusions that serve the
city and the state of New York and make living
in the city and the state viable for
New Yorkers.
Thank you.
ACTING PRESIDENT BALBONI: Any
4018
other Senator wishing to be heard on the bill?
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Velella, why do you rise?
SENATOR VELELLA: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT BALBONI: Yes,
we have a motion.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. I wish to call up my bill,
Senate Print Number 1053, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
1040, by Senator Fuschillo, Senate Print 1053,
4019
an act to authorize the Long Island
Progressive Baptist Association.
ACTING PRESIDENT BALBONI:
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT BALBONI: Call
the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI:
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT BALBONI: The
amendments are received.
Senator Velella.
SENATOR VELELLA: Would you
recognize Senator Saland, please.
ACTING PRESIDENT BALBONI: Senat
or Saland.
SENATOR SALAND: Mr. President, I
request unanimous consent to be recorded in
4020
the negative on Senate 5514.
ACTING PRESIDENT BALBONI:
Without objection.
SENATOR SALAND: Thank you.
ACTING PRESIDENT BALBONI:
Senator Velella.
SENATOR VELELLA: Mr. President,
there being no further business, I move that
the Senate stand adjourned until Monday,
June 16th, at 3:00 p.m., intervening days to
be legislative days.
ACTING PRESIDENT BALBONI: On
motion, the Senate stands adjourned until
Monday, June 16th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:20 p.m., the
Senate adjourned.)