Regular Session - June 16, 2003
4030
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 16, 2003
3:17 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
4031
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is Pastor
William B. Balta, from South Westerlo
Congregational Christian Church in South
Westerlo, New York.
PASTOR BALTA: Proverbs,
Chapter 16, Verse 3: Commit your works to the
Lord, and your thoughts will be established.
Let us pray.
Dear Father in heaven, we thank You
for this day. We thank You, dear God, for
this great state that we live in. We thank
You, dear God, for this great country that we
live in. And, dear God, we just are very,
very much knowing that we're blessed.
And, dear God, right now we just
ask Your hand upon each one here that
4032
represents each different part of the state.
We ask, Lord God, that You be with each one of
them in their lives, in their families, in all
their doings that they do.
Lord, we know that You love each
one of us here, and we're so very grateful for
that. And, dear God, now we know that You
tell us, if we ask for wisdom, that You'll
give it to us freely. You won't hold anything
back. So we ask, dear God, today for our
Senators and all that is involved in this
meeting today. We ask, dear God, for giving
them wisdom.
Lord, we know that You hold
everything in Your hands, and we thank You
that we're able to honor You and start off our
business by asking for Your help. We need
Your help, and we thank You that we can ask
for it.
We ask now Your blessing upon each
one, in the business that is going to be
conducted, and we ask it in the name of Jesus
Christ.
Amen.
THE PRESIDENT: Reading of the
4033
Journal.
THE SECRETARY: In Senate,
Sunday, June 15, the Senate met pursuant to
adjournment. The Journal of Saturday,
June 14, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
before we go to motions and resolutions, there
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
4034
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. On behalf of Senator Maziarz, on
page 6 I offer the following amendments to
Calendar 120, Senate Print 729A, and ask that
the bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR MORAHAN: Madam
President, on behalf of Senator Wright, on
page 39 I offer the following amendments to
Calendar 916, Senate Print 3752A, and ask that
said bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received also, and the bill will also
retain its place on the Third Reading
Calendar.
SENATOR MORAHAN: Thank you,
Madam President.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Madam President,
amendments are offered to the following Third
4035
Reading Calendar bills:
Sponsored by Senator LaValle, page
number 6, Calendar Number 119, Senate Print
335;
Sponsored by Senator LaValle, page
number 11, Calendar Number 251, Senate Print
2027;
Sponsored by Senator Larkin, page
number 20, Calendar Number 512, Senate Print
2085;
Sponsored by Senator Golden, page
22, Calendar 551, Senate Print 4186;
Sponsored by Senator LaValle, page
number 29, Calendar Number 741, Senate Print
2885A;
Sponsored by Senator Marcellino,
page number 32, Calendar Number 805, Senate
Print 888;
Sponsored by Senator Skelos, page
number 42, Calendar Number 974, Senate Print
2661A;
Sponsored by Senator LaValle, page
number 44, Calendar Number 1014, Senate Print
Number 4784;
Sponsored by Senator LaValle, page
4036
number 44, Calendar Number 1020, Senate Print
4960;
Sponsored by Senator Skelos, page
number 49, Calendar Number 1225, Senate Print
Number 5310;
Sponsored by Senator Libous, page
number 51, Calendar Number 1249, Senate Print
5244;
Sponsored by Senator Maltese, page
number 35, Calendar Number 834, Senate Print
Number 71.
Madam President, I now move that
these bills retain their place on order of
third reading.
THE PRESIDENT: The amendments
are received and adopted, and the bills will
each retain their place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Rath, I wish
4037
to call up Calendar Number 817, Assembly Print
Number 2800.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
817, by Member of the Assembly Ortiz, Assembly
Print Number 2800, an act to amend the Public
Health Law.
SENATOR MARCELLINO: I now move
to reconsider the vote by which this Assembly
bill was substituted for Senator Rath's bill,
Senate Print Number 2045, on 5/14/03.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR MARCELLINO: I now move
that the Assembly bill, Number 2800, be
committed to the Committee on Rules, and
Senator Rath's Senate bill be restored to the
order of the Third Reading Calendar.
THE PRESIDENT: So ordered,
Senator.
SENATOR MARCELLINO: I now offer
the following amendments.
4038
THE PRESIDENT: The amendments
are received and adopted.
SENATOR MARCELLINO: Madam
President, I wish to call up Senator Libous's
bill, Print Number 2894, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
341, by Senator Libous, Senate Print 2894, an
act to amend the Mental Hygiene Law.
SENATOR MARCELLINO: I now move
to reconsider the vote by which this bill was
passed.
THE PRESIDENT: The Secretary
will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted, Senator.
SENATOR MARCELLINO: Madam
President, I wish to call up my bill, Print
4039
Number 885, recalled from the Assembly, which
is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
52, by Senator Marcellino, Senate Print 885,
an act to repeal Title 17 of Article 23.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR MARCELLINO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received and adopted.
SENATOR MARCELLINO: Madam
President, I wish to call up Senator Maziarz's
bill, Print Number 1819, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
4040
181, by Senator Maziarz, Senate Print 1819, an
act authorizing the Commissioner of
Transportation.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted, Senator.
SENATOR MARCELLINO: Thank you.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
I wish to call up Senate Print
Number 5100, recalled from the Assembly, which
is now at the desk.
THE PRESIDENT: The Secretary
will read.
4041
THE SECRETARY: Calendar Number
1152, by Senator LaValle, Senate Print 5100,
an act to amend the Town Law.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR FUSCHILLO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Larkin, I wish
to call up Senate Print Number 3612, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1133, by Senator Larkin, Senate Print 3612, an
act to amend the Tax Law.
4042
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received and adopted.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator McGee, I wish
to call up Senate Print Number 2783A, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
977, by Senator McGee, Senate Print 2783A, an
act to amend the General Municipal Law.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
4043
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR FUSCHILLO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator LaValle, I
wish to call up Senate Print Number 301,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
590, by Senator LaValle, Senate Print 301, an
act to amend the Education Law.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR FUSCHILLO: Madam
4044
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Hoffmann, I
wish to call up Senate Print Number 2836,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
219, by Senator Hoffmann, Senate Print 2836,
an act to amend the Agriculture and Markets
Law.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR FUSCHILLO: Madam
President, I now offer the following
amendments.
4045
THE PRESIDENT: The amendments
are received and adopted.
Senator Kuhl.
Senator Schneiderman first.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
On behalf of Senator Oppenheimer, I
would like to offer the following amendment on
page 49, Calendar Number 1230, Print Number
4539, and ask that this bill retain its place
on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received and adopted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR SCHNEIDERMAN: Thank you.
And, Madam President, on behalf of
Senator Montgomery, I'd like to call up Senate
Print 5068A, recalled from the Assembly, which
is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1149, by Senator Montgomery, Senate Print
5068A, an act authorizing the City of
4046
New York.
SENATOR SCHNEIDERMAN: Madam
President, I now move to reconsider the vote
by which this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR SCHNEIDERMAN: And, Madam
President, I would offer the following
amendments, which are at the desk.
Thank you.
THE PRESIDENT: The amendments
are received and adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Are there some substitutions at
the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR KUHL: Could we make
those substitutions at this time, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 11,
4047
Senator Maziarz moves to discharge, from the
Committee on Rules, Assembly Print Number 999
and substitute it for the identical Senate
Bill Number 2269, Third Reading Calendar 253.
On page 11, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5093A and substitute it
for the identical Senate Bill Number 2308A,
Third Reading Calendar 255.
On page 16, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6546A and substitute it
for the identical Senate Bill Number 2777A,
Third Reading Calendar 406.
On page 17, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6893B and substitute it
for the identical Senate Bill Number 2956B,
Third Reading Calendar 452.
On page 42, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7108 and substitute it
for the identical Senate Bill Number 3053,
Third Reading Calendar 955.
On page 43, Senator Flanagan moves
4048
to discharge, from the Committee on Rules,
Assembly Bill Number 8175A and substitute it
for the identical Senate Bill Number 4578A,
Third Reading Calendar 998.
On page 48, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8145 and substitute it
for the identical Senate Bill Number 5027,
Third Reading Calendar 1148.
On page 49, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7150A and substitute it
for the identical Senate Bill Number 2757A,
Third Reading Calendar 1233.
On page 49, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5961 and substitute it
for the identical Senate Bill Number 2787,
Third Reading Calendar 1234.
THE PRESIDENT: The substitutions
are ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. May we now have the
noncontroversial reading of the calendar,
4049
please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
184, by Senator Skelos, Senate Print 1022A, an
act to amend the Social Services Law, in
relation to the charging.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
189, by Senator Maziarz, Senate Print 836A, an
act to amend the Highway Law, in relation to
designating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4050
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
212, by Senator LaValle, Senate Print 345A, an
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
227, by Senator Marcellino, Senate Print 772,
an act to amend the Labor Law, in relation to
designating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
4051
THE SECRETARY: Calendar Number
249, by the Assembly Committee on Rules,
Assembly Print Number 7332, an act to amend
the Tax Law, in relation to extending.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
250, by Member of the Assembly Kirwan,
Assembly Print Number 4205, an act to amend
the Tax Law, in relation to certain tax rates.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
4052
passed.
THE SECRETARY: Calendar Number
254, by Senator Kuhl, Senate Print 2282, an
act to amend the Tax Law, in relation to the
sales and use taxes.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
257, by Senator Volker, Senate Print 2481, an
act to amend the Tax Law, in relation to
extending the expiration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
4053
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
260, by Senator LaValle, Senate Print 2562A,
an act to amend the Public Buildings Law, in
relation to designating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
261, by Senator Rath, Senate Print 2923, an
act to amend the Tax Law, in relation to
extending the expiration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4054
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
262, by Senator Maziarz, Senate Print 2930, an
act to amend the Tax Law, in relation to
extending.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
315, by Senator Little, Senate Print 1783A --
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
388, by Senator McGee, Senate Print 2963B, an
act to amend the Alcoholic Beverage Control
Law, in relation to the registration of kegs.
4055
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
3. Senators Maltese, Meier, and Nozzolio
recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
420, by Senator Kuhl, Senate Print 3438, an
act to amend the --
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
428, by Senator Spano, Senate Print 1197A, an
act to amend the Alcoholic Beverage Control
Law, in relation to requiring persons
licensed.
SENATOR KUHL: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
4056
aside for the day.
THE SECRETARY: Calendar Number
452, substituted earlier today by Member of
the Assembly Tokasz, Assembly Print Number
6893B, an act to amend the Penal Law, in
relation to establishing standards.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
458, by Senator Volker, Senate Print 3479A, an
act to amend the Penal Law and the Public
Authorities Law, in relation to assaults.
THE PRESIDENT: Read the last
section.
SENATOR BRESLIN: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
4057
THE SECRETARY: Calendar Number
487, by Senator Skelos, Senate Print 2841A, an
act to amend Chapter 380 of the Laws of 2002
relating to establishing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
523, by Senator Velella, Senate Print 4377B,
an act to amend the Labor Law, in relation to
contracts for public work.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
4058
passed.
THE SECRETARY: Calendar Number
525, by the Assembly Committee on Rules,
Assembly Print Number 8224B, an act to amend
Chapter 511 of the Laws of 1995, relating to
establishing.
SENATOR KUHL: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
536, by Senator Saland, Senate Print 4224A, an
act to amend the Domestic Relations Law, the
Family Court Act, and the Social Services Law,
in relation to the rights of grandparents.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR KUHL: Would you
recognize Senator Saland to explain his vote,
please.
THE PRESIDENT: Senator Saland,
4059
to explain your vote.
SENATOR SALAND: Thank you, Madam
President.
Madam President, this bill
represents the culmination of some three
years' worth of work. And I would
particularly like to recognize the work of a
number of grandparents and advocacy groups,
the AARP and the Senior Action Council, that
very patiently worked with us over this period
of time, with Senator LaValle, with
Assemblyman Green over in the Assembly, to
basically provide the ability for grandparents
to have standing in custody proceedings.
And as we all know, there are not
tens of thousands but hundreds of thousands of
grandparents in New York State that are
effectively heads of households and have young
children with them, very often children who
are the children of their children.
And where those grandparents have
had that long and uninterrupted control, to go
into court and be told they had no standing
and some other party would, after all those
years of their serving as the primary
4060
caretaker, in effect become the custodian of
that child, is totally inequitable, totally
unacceptable.
This bill, as I said, after some
three years of effort, addresses that.
And there are a number of seniors
here with us today from the AARP who are
looking forward to the enactment of this
legislation. And I congratulate them and
particularly Bridget Castellano, who certainly
worked tirelessly to bring this about.
Thank you, Madam President. I vote
in the affirmative.
THE PRESIDENT: Senator LaValle.
SENATOR LaVALLE: To explain my
vote, Madam President.
THE PRESIDENT: Senator LaValle,
to explain your vote.
SENATOR LaVALLE: Madam
President, I rise and I want to compliment
Senator Saland for his work on this bill, his
focus, his diligence.
This bill came to my attention by
Bridget Castellano, who is a constituent of
mine. And if there is a lesson to be learned
4061
from those outside of this chamber, it's that
citizen participation is important. Citizen
participation can make a difference. Citizens
have, through many of our deliberations,
gotten involved.
And so Bridget Castellano, working
with Senator Saland, myself, Assemblyman
Green, and others, really did make a
difference and will ensure that grandparents
will have standing, can provide a nurturing
environment for their grandchildren.
So again, Senator Saland, a job
well done.
THE PRESIDENT: Both of the
Senators will be recorded as voting in the
affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: In relation to
Calendar Number 536: Ayes, 54. Nays, 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
621, by Member of the Assembly Brodsky,
4062
Assembly Print Number 501B, an act to amend
the Public Health Law, in relation to
information relating to immunization.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect August 15.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Madam President,
would you recognize Senator Nozzolio to
explain his vote.
THE PRESIDENT: Yes, I am about
to recognize him, Senator.
Senator Nozzolio, to explain your
vote.
SENATOR NOZZOLIO: Thank you,
Madam President.
I ask permission to explain my
vote, that this measure raises the awareness
about the very difficult disease meningitis
and makes sure students and their families
have information about how to prevent it.
Meningitis creates trauma, anguish,
4063
and sadness. And that we issue this edict to
schools and other entities across the state in
an effort to inform the public about how this
disease ravages those young people,
particularly in the ages of 15 to 24.
That it was nine years ago, on a
Monday in June much like today, that I was
introduced to the ravages of this deadly
disease when my 21-year-old nephew and godson,
Matthew, died of spinal meningitis while
serving aboard the U.S.S. Nassau as a Navy
NROTC midshipman.
He was an NROTC scholar at Cornell
University, extremely fit, a leader of his
unit, serving aboard ship as part of summer
exercises. Unfortunately, Matthew contracted
meningitis, even though in excellent health
and physical condition, and was stricken at
the prime of his life without so much as a
symptom being evidenced.
That killer is a killer that
hopefully this legislation will help to
prevent. That in my grief, I found many
families across my own region and across this
state who have suffered similar anguish:
4064
Robert and Sharon Penafeather, of Auburn;
Doreen Ferraro, of Rochester, who lost her
20-year-old son, Joe; Cathy Hanagan, of Sodus,
whose daughter is now crippled because of the
disease; Tom Burke, of Auburn, who lost his
grandson, an all-Ivy-League football player at
Cornell who, at 21, lost his life.
Most recently, here in the Capital
Region, Matthew Martuscelo died at 17, and
Lindsay Jerdo, who was 18, died. And I'd like
to read into the record briefly a comment made
by her sister, Melanie Wheaton, who indicated,
as she was brought into the intensive care
unit, that she would never forget seeing her
sister for the first time in the ICU.
Her eyes were closed. Her face,
her arms, legs and torso were bruised so much
that it appeared she had been beaten up. Her
once ivory-colored skin had taken on a
purplish appearance, due to the bacteria's
poisoning of her blood. Not only was her body
bruised, but it was swollen to twice its the
normal size. Her breathing was being assisted
with a ventilator. All sorts of cords
attached to monitoring devices cascaded from
4065
her body. There were multiple IVs pumping
fluids into her body, and everyone entering
the room was asked to put on a mask.
And that mask hid Melanie's tears
that flowed freely from her eyes on seeing her
sister. She could not believe that her
healthy sister, 24 hours ago, was now dying.
And that's the insidious nature of
this disease, my colleagues. And our efforts
are to increase awareness to families who have
children in the 15-to-24 age bracket in
particular, to know that there is a vaccine
for this disease, there is a way to prevent
the anguish that occurs -- anguish that I
daresay, from my personal loss of my nephew
and godson, that no family should have to
undergo.
Thank you for your support on this
legislation. Thank you, Madam President, for
your indulgences in allowing me to explain my
vote. I vote aye.
THE PRESIDENT: And you will be
so recorded as voting in the affirmative,
Senator.
The Secretary will announce the
4066
results.
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Sabini.
SENATOR SABINI: Madam President,
I ask unanimous consent to be recorded in the
negative on Calendar Number 388.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
693, by Senator Robach, Senate Print 4202, an
act to amend the Retirement and Social
Security Law, in relation to additional
pension benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
4067
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
704, by Member of the Assembly Abbate,
Assembly Print Number 5102, an act to amend
the Education Law, in relation to the payment.
THE PRESIDENT: Read the last
section.
Senator Onorato.
SENATOR ONORATO: Madam
President, I'd like the record to reflect the
last vote, recorded as 54, should have been
56.
THE PRESIDENT: Do you have a
point of order, Senator?
SENATOR ONORATO: Yes.
THE PRESIDENT: Your point of
order is well taken. Thank you, Senator.
The record will so reflect the
votes were 56, and not 54, in the affirmative.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4068
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
751, by Member of the Assembly Canestrari,
Assembly Print Number 3806B, an act to amend
the Local Finance Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
constitutional amendment proposed in a
concurrent resolution.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
776, by Senator Bonacic, Senate Print 4833A --
SENATOR BRESLIN: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
4069
780, by Senator Larkin, Senate Print 1374, an
act to amend the Insurance Law, in relation to
providing.
THE PRESIDENT: Read the last
section.
SENATOR BRESLIN: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
782, by Senator Seward, Senate Print 3878B, an
act to amend Chapter 650 of the Laws of 1998
amending the Insurance Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
854, by Member of the Assembly Hoyt, Assembly
Print Number 6833, an act to amend the State
4070
Finance Law, in relation to payment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
884, by Member of the Assembly Dinowitz,
Assembly Print Number 3039, an act to amend
the Vehicle and Traffic Law, in relation to
judicial review.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4071
941, by Senator Larkin, Senate Print 2568, an
act to amend the Retirement and Social
Security Law, in relation to the
twenty-year/age 50 retirement program.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
998, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8175A, an act to amend the Village Law and
others, in relation to recognition.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
4072
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1008, by the Assembly Committee on Rules,
Assembly Print Number 8442, an act to amend
the Banking Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1017, by Senator LaValle --
SENATOR BRESLIN: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1018, by Member of the Assembly Destito --
SENATOR BRESLIN: Lay it aside,
please.
4073
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1044, by Senator Golden, Senate Print 1505A,
an act to amend the Vehicle and Traffic Law,
in relation to violation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1051, by Senator Trunzo, Senate Print 2526A,
an act in relation to requiring state
agencies.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4074
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1059, by Senator LaValle, Senate Print 2062C,
an act to amend the General Obligations Law,
in relation to the authority of caregivers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1105, by Senator McGee, Senate Print 3207, an
act to amend the Tax Law, in relation to
extending the expiration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4075
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1107, by Senator Kuhl, Senate Print 3327, an
act to amend the Tax Law, in relation to the
sales and use taxes imposed.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1110, by Senator Meier, Senate Print 3366, an
act to amend the Tax Law, in relation to
extending the expiration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
4076
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1148, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8145, an act to amend the Executive
Law, in relation to the training of
firefighters.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1153, by Senator Little, Senate Print 5158, an
act to amend the Penal Law, in relation to
increasing the penalties for hazing.
4077
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1156, by Senator Nozzolio, Senate Print 5312A,
an act authorizing the conveyance of certain
state lands.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4078
1229, by Senator Wright, Senate Print 1067, an
act to amend Chapter 647 of the Laws of 2002
relating to fire protection.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1231, by Senator Meier, Senate Print 2230, an
act to amend General Municipal Law, in
relation to authorizing the Massena Memorial
Hospital.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4079
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1232, by Senator Kuhl, Senate Print 2610B, an
act to authorize the Village of Addison,
located in Steuben County.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1233, substituted earlier today by Member of
the Assembly Gottfried, Assembly Print Number
7150A, an act to amend Chapter 725 of the Laws
of 1989.
THE PRESIDENT: Read the last
4080
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1234, substituted earlier today by Member of
the Assembly Wirth, Assembly Print Number
5961, an act to amend the Real Property Tax
Law, in relation to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I ask for unanimous consent
4081
to be recorded in the negative on Calendar
Number 1230, Bill 4539, please.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative, Senator.
SENATOR BONACIC: Thank you.
THE PRESIDENT: Senator Bonacic,
I've just been informed that the bill was
amended and laid aside.
SENATOR BONACIC: I'll catch it
next time.
(Laughter.)
THE PRESIDENT: Your vote is
rescinded.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1235, by Senator McGee, Senate Print 3257, an
act authorizing the reopening of the
twenty-year retirement plan.
THE PRESIDENT: There is a
home-rule message at the desk.
4082
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1236, by Senator Velella, Senate Print 3922A,
an act authorizing the County of Westchester
to lease certain parklands.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1237, by Senator Meier, Senate Print 4086, an
act to amend the Real Property Tax Law, in
4083
relation to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1239, by Senator Lachman, Senate Print 4649,
an act to amend the Public Authorities Law, in
relation to prescribing penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1240, by Senator LaValle, Senate Print 4831,
4084
an act to amend Chapter 434 of the Laws of
1999, amending the Education Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1241, by Senator Kuhl, Senate Print 4948, an
act to amend the Public Authorities Law, in
relation to New York State Thruway Authority
fees.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
4085
THE SECRETARY: Calendar Number
1242, by Senator Velella, Senate Print 4950A,
an act to authorize the Village of Pelham, in
the County of Westchester.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1243, by Senator Hoffmann, Senate Print 5046,
an act to ratify, legalize, and validate
certain acts and proceedings of the Board of
Education of the Stockbridge Central School
District.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4086
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1244, by Senator Golden, Senate Print 5107, an
act to amend the Penal Law, in relation to
authorizing a two-year period of conditional
discharge.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1245, by Senator Little, Senate Print 5113, an
act to amend the Local Finance Law, in
relation to the sale of bonds to the New York
State Environmental Facilities Corporation.
THE PRESIDENT: Read the last
section.
4087
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1246, by Senator Kuhl, Senate Print 5125, an
act to amend the Vehicle and Traffic Law, in
relation to overweight permits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1247, by Senator Johnson, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
4088
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1248, by Senator DeFrancisco, Senate Print
5166, an act to amend the Estates, Powers and
Trusts Law, in relation to the termination of
uneconomical trusts.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1250, by Senator Meier, Senate Print 5311, an
act in relation to legalizing, validating,
ratifying and confirming actions of the Rome
City School District.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
SENATOR KUHL: Lay it aside for
the day.
4089
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1251, by Senator McGee, Senate Print 5315, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
SENATOR KUHL: Madam President.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, we
inappropriately laid aside Calendar Number
1250. Could you call that up again, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1250, by Senator Meier, Senate Print 5311, an
4090
act in relation to legalizing, validating,
ratifying and confirming.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1252, by Senator Golden, Senate Print 5321, an
act to amend the Criminal Procedure Law, in
relation to eliminating.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1253, by Senator Saland, Senate Print 5325, an
act to amend the Education Law, in relation to
involuntary transfer.
SENATOR SCHNEIDERMAN: Lay it
4091
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1254, by Senator Flanagan, Senate Print 5331,
an act to amend the Vehicle and Traffic Law,
in relation to periodic inspections.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1255, by Senator Velella, Senate Print 5347,
an act to authorize the County of Westchester
to discontinue.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
4092
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1256, by Senator Balboni, Senate Print 5360,
an act authorizing the Village of Roslyn
Estates, County of Nassau.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1258, by Senator Meier, Senate Print 5373, an
act authorizing certain housing authorities to
transfer.
SENATOR SCHNEIDERMAN: Lay it
aside.
4093
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1259, by Senator Balboni, Senate Print 5375,
an act to authorize the Iranian Jewish
Center/Beth Hadassah Synagogue.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1262, by Senator Volker, Senate Print 5396, an
act to amend the Penal Law and the Correction
Law, in relation to the new crime of gang
sexual assault.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
4094
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1263, by Senator Meier, Senate Print 5412 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1264, by Senator Rath, Senate Print 5438, an
act to amend Criminal Procedure Law and the
Family Court Act, in relation to enacting the
Domestic Violence Omnibus Act of 2003.
SENATOR KUHL: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Madam President,
4095
may we return to the order of reports of
standing committees.
I understand there's a Rules report
at the desk, and I ask that that be read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 175, by Senator
Hoffmann, an act to amend the Tax Law;
326A, by Senator DeFrancisco, an
act to amend the County Law;
348, by Senator LaValle, an act to
amend the State Finance Law;
409A, by Senator Velella, an act to
amend the Labor Law;
756, by Senator LaValle, an act to
amend the Environmental Conservation Law;
959, by Senator Nozzolio, an act to
amend the Criminal Procedure Law;
979A, by Senator Farley, an act to
amend the Tax Law;
1064A, by Senator Volker, an act to
4096
amend the Civil Practice Law and Rules;
1390, by Senator Spano, an act to
amend the Vehicle and Traffic Law;
1692A, by Senator Rath, an act to
amend the General Municipal Law;
2047, by Senator Rath, an act to
amend the Vehicle and Traffic Law;
2639B, by Senator Hannon, an act to
amend the Vehicle and Traffic Law;
2669, by Senator Golden, an act in
relation to authorizing;
2670, by Senator Marcellino, an act
to require;
2682A, by Senator Hannon, an act to
amend the Long-Term Care Integration and
Finance Act of 1997;
3130, by Senator Kuhl, an act to
amend the Tax Law;
3225, by Senator Spano, an act to
amend the Local Finance Law;
3320, by Senator McGee, an act to
amend the Election Law;
3465, by Senator Farley, an act to
amend the Retirement and Social Security Law;
3937, by Senator Seward, an act to
4097
amend the Tax Law;
3946A, by Senator Morahan, an act
granting;
4124, by Senator Velella, an act to
amend the Retirement and Social Security Law;
4137C, by Senator Seward, an act to
amend the Tax Law;
4254, by Senator Breslin, an act to
amend the Highway Law;
4404, by Senator DeFrancisco, an
act to amend the Civil Practice Law and Rules;
4409, by Senator Volker, an act to
amend the Public Authorities Law;
4538B, by Senator Oppenheimer, an
act authorizing;
4754, by Senator Balboni, an act to
amend Chapter 340;
4815, by Senator Leibell, an act to
amend the New York State Urban Development
Corporation Act;
4857, by Senator Wright, an act to
amend the Uniform Justice Court Act;
4883A, by Senator Johnson, an act
to amend the Public Officers Law;
4887, by Senator Leibell, an act to
4098
amend the Waterfront Commission Act;
4888, by Senator Marcellino, an act
to amend the Real Property Tax Law;
4915, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4918, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4943, by Senator Leibell, an act to
amend the Waterfront Commission Act;
4963A, by Senator Meier, an act to
amend the County Law;
4974, by Senator Nozzolio, an act
to amend the General Business Law;
4999, by Senator Bruno, an act to
amend the Penal Law and the Highway Law;
5090A, by the Senate Committee on
Rules, an act to amend the Education Law;
5110, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
And Senate Print 5460, by Senator
Golden, an act to amend the Alcoholic Beverage
Control Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
4099
Kuhl.
SENATOR KUHL: 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 Kuhl.
SENATOR KUHL: While we're on the
order of motions and resolutions, I understand
that there are some other motions at the desk
now. Could we take those up.
ACTING PRESIDENT MEIER: Yes, we
will.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
I wish to call up Senate Print
Number 2961, recalled from the Assembly, which
is now at the desk.
4100
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1100, by Senator Fuschillo, Senate Print 2961,
an act to authorize.
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, 58.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Wright, on
page number 39 I offer the following
amendments to Calendar Number 918, Senate
Print 4890, and ask that said bill retain its
4101
place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I would request, on behalf of
Senator Sampson, on page 34, I offer the
following amendments at the desk to Calendar
Number 822, Senate Print Number 4347A, and ask
that this bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, we'd like to announce an immediate
meeting of the Rules Committee in the Majority
Conference Room, Room 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
4102
the Majority Conference Room.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, could we also, before we do the
controversial reading of the calendar, just
note for the members who are present that
Calendar Number 315 is being laid aside for
the day.
And then let's go to the
controversial reading of the calendar,
beginning with Calendar Number 212.
And we'd certainly like to remind
the members that there are only four scheduled
days left in session. And so that we can
orderly proceed, if they've had a bill on the
calendar that's laid aside, we'd appreciate it
if they'd be in the chamber when the bill is
called up on the controversial reading for
debate.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
212, by Senator LaValle, Senate Print 345A, an
act to amend the Education Law, in relation to
4103
reporting requirements.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
LaValle, Senator Schneiderman has requested an
explanation of Calendar 212.
SENATOR LaVALLE: Yes. Senator
Schneiderman, this is legislation that we
passed last year in this chamber. It's a bill
that's sponsored by Assemblyman DiNapoli in
the Assembly.
What we are trying to do is that
whenever a student who has either an F1 or M1
visa, either has been accepted to a college
but fails to show up or is enrolled and
doesn't continue in the program that they have
been participating in -- leaves, disappears --
that the school has an obligation to contact
the State Police. They also have various
federal responsibilities under the federal
act.
Our reason to have the State Police
involved is that the Office of Homeland
Security just simply does not have eyes and
ears all over the country, and that they have
4104
agreements that they have worked out with
local law enforcement agencies. So it's
important for the State Police, if they see
someone on a list, that they can detain them
so that we might question them or do whatever
is appropriate.
And this legislation, I think
everyone is aware, was born out of the 9/11
incident.
And while our colleges and
universities loathe more paperwork, it's
unfortunate that this takes a priority in
terms of national security, that we know where
foreign students who come to New York State to
receive a superior education -- that they are
abiding by our laws, that they're being good
citizens, as most of them are while they are
here. But for those who are here to do harm,
we want to make sure that we know where the
students are and that we are engaging our law
enforcement officers.
There's other provisions in here
that requires the universities and colleges to
provide some data that should not be really
overburdensome.
4105
And that's really the provisions of
this bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
if the sponsor would yield, very briefly.
SENATOR LaVALLE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: You're asking
the colleges and universities to supply the
state police with additional data. Are there
any funds provided in the legislation so that
they will have a way of paying for the extra
cost?
In other words, doesn't this
represent, you know, a mandate without money,
an unfunded mandate?
SENATOR LaVALLE: Senator, their
obligation is only in those situations where a
student who has been accepted and never
arrives or a student who started and does not
continue their studies.
I would assume that those incidents
would be very minor and that their reporting
4106
obligation would really be de minimis.
SENATOR STAVISKY: One last
question, if the sponsor would yield.
SENATOR LaVALLE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Aren't they
already required to report this information to
the Immigration and Naturalization Service?
SENATOR LaVALLE: Yes. The
answer is yes. This is under, now, our
homeland security.
SENATOR STAVISKY: Homeland
security.
On the bill, Mr. President. Thank
you.
ACTING PRESIDENT MEIER: Senator
Stavisky, on the bill.
SENATOR STAVISKY: Very briefly,
I'm going to vote against this bill, as I did
in committee. Because aside from the unfunded
mandate, the reporting to the State Police is
duplicative and unnecessary, since we
already -- they already report it to the
federal authorities.
4107
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
Once again, I think this is a
well-intended but misguided piece of
legislation. The federal government, in
accordance with the USA PATRIOT Act, has
something called the Student and Exchange
Visitor Information System, SEVIS. And that
was mandated to be fully implemented by the
beginning of this year.
This is an Internet-based
communications system that all of the
educational institutions in the country are to
place the information on that's required by
the federal government.
What I'm afraid we're doing here is
creating a second system of reporting so that
some information will go to the state
authorities here in New York while the feds
are setting up this Internet-based system to
provide information to local agencies all
around the country.
And my suggestion would be that
4108
perhaps we should take another look at this in
light of the service available through SEVIS.
I would think that if the federal government,
that does have primary responsibility for
dealing with these issues, wants to, they can
make the information available to the state
authorities through this Internet-based system
without causing any additional burden to our
already overburdened institutions of higher
education.
Furthermore, in some situations it
very well may be that federal authorities have
different or additional information. And it
would be better if the state authorities and
the federal authorities were working off the
same system. Since we are now required to
spend all this money setting up this Internet
based system, it just doesn't make any sense
to set up a separate process.
I'm going to be voting no. I think
that the way for us to move on this issue is
really to ensure that our local authorities
are receiving all the information that's in
SEVIS and that there is a seamless flow of
information between them and the federal
4109
agencies with primary responsibility for
dealing with these issues.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Yes, on the
bill.
I think Senator LaValle's intent
was positive and noble. And I think that when
he initially presented the bill to this
chamber, which I believe was a year or two
ago, the Office of Homeland Security had not
fully been restructured, as it has during the
last 12 months under Governor Tom Ridge.
And I agree with my colleagues that
it would be duplicative and it might serve the
reverse purpose of what it's going to do.
I also will be voting against it
for another reason. And I think that since
9/11, many foreign students and foreigners,
noncitizens, have been put on the spot. It's
important for us to maintain our security at
the highest level. But it's also important
for us to maintain basic civil liberties.
Again, I say that the intent of
4110
Senator LaValle was good, and I think that
changes have been made, and I think we have to
abide by certain basic liberties that make the
United States of America different from other
countries in the world. So I regret that I
will have to vote no.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of August.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 212 are
Senators Breslin, Brown, Dilán, Lachman,
Parker, Paterson, Schneiderman, and Stavisky.
Ayes, 51. Nays, 8.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, we again inadvertently laid aside
for the day Calendar Number 315. And with the
consent of the Minority, we're going to be
4111
coming back to that.
But before we do, I'd like to call
out of order Calendar Number 1253 -- that's
Senator Saland -- and then go back to Calendar
Number 315 in the regular order.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1253.
THE SECRETARY: Calendar Number
1253, by Senator Saland, Senate Print 5325, an
act to amend the Education Law, in relation to
involuntary transfer of violent or disruptive
pupils.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, an explanation has been requested.
SENATOR SALAND: Yes, Mr.
President.
Mr. President, this bill is a
response to a commissioner's ruling in 1998
which held that it was error for a school
district to remove a violent or disruptive
student providing that under the existing law
the only basis for transferring a student --
and perhaps I should use the term
4112
"transferring" instead of "removing" -- would
have been whatever was in the best interest of
that student.
This attempts to expand the current
ability of a school to include violent and
disruptive students. That assumedly not only
benefits the student but certainly benefits
his or her classmates and the school at large
as well.
That removal would occur with the
same hearing process that occurs under the
existing law and would be subject to the very
same requirements and certainly could not be
arbitrary or capricious.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor would yield for
a few brief questions.
ACTING PRESIDENT MARCELLINO:
Senator Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: He
yields, Senator.
4113
SENATOR SCHNEIDERMAN: Thank you.
I'm not completely clear on the
relationship between the interpretation of the
law by the State Education Commissioner and
the existing statute.
Where is -- what was the
interpretation based on, to the extent that
you can enlighten us? Because this is adding
an additional penalty to the statute, but I'm
not sure I understand what brought on this
interpretation by the commissioner.
SENATOR SALAND: I'll cite you
the hearing case. It is in the appeal of
Lamar Reeves on behalf of Lamar Reeves, Jr.,
from an action in the Board of Education, City
School District of the City of Buffalo,
regarding Student Suspension Decision Number
13,857, and it was decided January 20, 1998.
And what it says, in part -- it's a
somewhat lengthy opinion, about six pages
worth -- it says, This -- and I'm now quoting
on page 4. It says "This reassignment" --
which refers to the removal of the student
from his prior school to another -- "clearly
constitutes a transfer. However, a transfer
4114
is not an authorized penalty in student
discipline cases under Education Law 3214."
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, if the sponsor
would continue to yield.
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR SCHNEIDERMAN: Is there
any provision made in this law or elsewhere
regarding the nature of the transfer, where
the transfer would be to or to control this?
The concern that has been expressed
in some situations is that transferring
disruptive students around often can create
more problems than it solves. And in some
areas, it's been used and, some people
contend, abused to move students around from
one place to another without addressing their
underlying problems.
SENATOR SALAND: Well, the
language on the first page of our bill,
Senator Schneiderman -- and it would begin on
line 7 -- basically is the transfer should be
4115
to a more appropriate educational setting in
another school.
We leave that ability to those in
the administration who would be making that
decision. Assumedly they would be far more
adept than I would to determine where that
appropriate placement would be.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, if the
sponsor would continue to yield.
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR SCHNEIDERMAN: That's
really where the difficulty is. What is
the -- what checks or balances are there on
this very, very critical decision of what
constitutes a more appropriate educational
setting in another school?
SENATOR SALAND: As you and I can
probably appreciate, it certainly could not be
arbitrary and capricious. And that is what's
provided for really in the existing law.
Whatever the guidelines are that
4116
currently would control a hearing, where there
was a desire to transfer a student under the
existing law, would be the same control
mechanisms that would exist here.
And as far as I'm aware, there
hasn't been a great hue and cry that that has
not been working appropriately.
SENATOR SCHNEIDERMAN: And
through you, Mr. President, if the sponsor
would continue to yield.
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR SCHNEIDERMAN: And is
there any provision for transfers outside of
the particular district?
I note that it refers to board of
education, board of trustees, or sole
trustees, superintendent of schools, district
superintendent --
SENATOR SALAND: No, there is
not. Nor is that the intent.
SENATOR SCHNEIDERMAN: I see.
Thank you.
4117
Thank you, Mr. President. Thank
the sponsor.
SENATOR SALAND: Thank you,
Senator.
ACTING PRESIDENT MARCELLINO:
Senator Lachman, why do you rise?
SENATOR LACHMAN: Yes, through
you, Mr. President, will the sponsor yield for
a question or two?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR LACHMAN: First, I would
like to commend the sponsor for sentences 6 to
22, which in many ways preserves the civil
rights --
SENATOR SALAND: Excuse me,
Senator Lachman. I'm having a difficult time
hearing you. It's probably my hearing, not
your speaking.
ACTING PRESIDENT MARCELLINO:
Also if we could have a little order in the
chamber, please.
Members, take your conversations
4118
out of the chamber. Staff, take your seats,
please.
SENATOR LACHMAN: I would like to
first of all, as a preamble to my questions,
commend the Senator for having the sentences
dealing with the period -- may not be
suspended for a period in excess of five
school days and/or transferred unless such
people and persons in parental relations, such
people have an opportunity to a fair hearing.
And the way you spell out the hearing, the
fair hearing.
And I am not only supportive of
this because I wrote this into the New York
City Board of Education provisions on
suspension, but it is good for the entire
State of New York.
But I also have some questions, one
of which was touched upon by Senator
Schneiderman and one or two of which he did
not reach.
And that is I'm not sure what is
meant by "a more appropriate educational
setting." There was a time in the New York
City school system where it would be revolving
4119
doors, and principals -- Principal A would
send a student to Principal B, and Principal B
would send a student to Principal A. And what
Principal A and B could not do, they would
send to Principal C.
Now, what do we mean by
"appropriate educational settings," and how do
we eliminate this revolving door?
SENATOR SALAND: Well, let me try
and respond to that in two ways.
Number one, the very fair hearing
to which you alluded certainly would be one
means by which that would happen. Because,
again, any administrative hearing cannot
tolerate action that's arbitrary and
capricious. So if there's a sense that this
is arbitrary and capricious, the proposed
transfer, it certainly would have to fall.
The other might be perhaps a bit
more general. I would certainly hope that
with some of the changes, particularly going
on within the structure of the city system
currently right now, that it might be a system
that might be more responsive and more
sensitive to the very issue that you raise and
4120
others have raised as well.
SENATOR LACHMAN: Mr. President,
through you, will the sponsor continue to
yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: I
believe the sponsor will yield.
SENATOR LACHMAN: The last part
of the bill, Senator Saland, as you know,
deals with a student with a disability, as
defined -- blah, blah, blah -- in this
chapter. And you will be treating the student
with a disability differently than other
students. And I agree with that.
But how do you deal with the
student with disabilities? That isn't spelled
out. And that is in the bill that I have in
my hand.
SENATOR SALAND: This section
reflects the reality of special ed, or IDEA.
We could not lawfully, nor would we want to,
transfer a student because of his or her
disability. That is precluded by law.
And this merely is an effort to
4121
acknowledge that where there is a student with
a disability, we have to be cognizant of what
the federal law is and we cannot be
insensitive to the fact that that particular
student is disabled. And that cannot be
whatever is generating the desire to transfer.
SENATOR LACHMAN: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT MARCELLINO:
Sponsor, will you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: He
continues to yield.
SENATOR LACHMAN: So there will
be no involuntary transfer of a student with a
disability even if the student acts out,
quote, end of quote, in a classroom setting?
Or are there procedures that we follow in this
transfer?
SENATOR SALAND: I think in my
response to you earlier what I said was that
we want to be in compliance with the federal
law, as well we should, nor would anybody want
to transfer a student simply based upon
4122
whatever that student's disability might be.
If the reason for the transfer or
the proposed transfer is not related to the
disability, that student can still be
transferred.
I mean, the bottom line is you
can't say that "I want to transfer Johnny or
Susie because it's troublesome because they're
disabled."
SENATOR LACHMAN: So what you're
basically saying -- Mr. President, through
you -- is that a student who acts out in the
classroom, even though he has a disability,
can still be transferred, even with the
disability, to the same school as those who
don't have disabilities? Or will another
situation or setting be created for him or
her?
SENATOR SALAND: I lost you -- as
I said earlier, I'm having some trouble
hearing. I lost you about 15 seconds before
the end.
SENATOR LACHMAN: Okay. Will
this student who has a disability who will be
transferred, will he be transferred under the
4123
same principles -- will he or she be
transferred under the same principles as a
student without a disability, or are there
separate measures used for that transfer?
SENATOR SALAND: It would be the
same process. Again, keeping in mind that the
disability can't be what generates the
process.
SENATOR LACHMAN: Okay. Mr.
President, through you, a final question, a
technical question.
ACTING PRESIDENT MARCELLINO:
Will the sponsor yield for a final question?
SENATOR SALAND: Yes, Mr.
President, I do yield.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR LACHMAN: Now, this might
seem like a minor question. It's a technical
one. You mention in your bill that a record
of the hearing shall be maintained, but no
stenographic transcript shall be required and
a tape recording shall be deemed a
satisfactory record.
SENATOR SALAND: Excuse me, Mr.
4124
President. Can we just get this door closed?
I truly am having a difficult time.
SENATOR LACHMAN: Forgive me.
SENATOR SALAND: I heard you
through "no stenographic record."
SENATOR LACHMAN: Okay, forgive
me. I will try to speak a little bit louder.
In the bill, the bill is written --
SENATOR SALAND: I heard you
through "no stenographic record be
maintained," and then --
SENATOR LACHMAN: How do you
differentiate between a stenographic record
and a tape -- if you're using a stenographic
record and you're using a tape recording, why
only use one for the permanent record and not
both for the permanent record? And if you
don't need the second one, why even have it at
the hearing?
SENATOR SALAND: It basically
tracks existing law. And some people seek to
have a stenographer; others will accept the
recording. Some people feel more comfortable
with a stenographer.
SENATOR LACHMAN: One final
4125
question, and on the --
ACTING PRESIDENT MARCELLINO: Is
this the final final or the second final?
SENATOR LACHMAN: Final final.
This is not, Mr. President, the penultimate,
this is the ultimate.
ACTING PRESIDENT MARCELLINO:
Senator Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Thank you.
SENATOR LACHMAN: I'm still not
clear, though, Senator Saland, and perhaps you
can clarify it. If only one of these two is
used for the permanent record, whether it be a
stenographic transcript or a recording, then
why is it necessary to have two during the
process or the procedure itself?
SENATOR SALAND: It is not --
Senator Lachman, it's not two. You will
receive routinely the tape recorded
proceeding. If you prefer to have a
stenographer, you can have a stenographer.
SENATOR LACHMAN: That's not
4126
mentioned in the bill. As long as you explain
it that way. But it is not mentioned in the
bill that way.
SENATOR SALAND: It is not a
both.
SENATOR LACHMAN: Okay.
Mr. President, that was my final
question. I want to thank Senator Saland for
his patience. Thank you kindly.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: Through
you, Mr. President, if the sponsor would yield
for a question.
ACTING PRESIDENT MARCELLINO:
Sponsor, will you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor is yielding.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
And, Senator Saland, I apologize if
you answered this question while I was in the
Rules Committee. So I'm going to hope this is
4127
new territory for us.
In your bill you talk about
transfer to an alternative school. I come
from New York City, where it's conceivable
within one school district you would have
multiple schools. But in many parts of the
state, I would argue -- perhaps in your own
district -- there is one high school, there is
one middle school.
So I am concerned where we might be
transferring disruptive students to,
particularly in light of the fact that while
in the bill it doesn't say anything about
alternative locations -- I'm sorry, just to
reference the memo. In your memo "It says
schools are developing alternative sites to
deal with disruptive students." In your bill,
you say only "transfer to another school."
So I guess it's a two-parter one.
What happens when there is no other school?
And, two, does your memo imply that there are
other alternatives out there that are not
school settings? That's not clear to me.
SENATOR SALAND: The answer to
your last question is no. And I mentioned, in
4128
response to an earlier question, that a
student cannot be transferred out of the
district. And if there is no alternative
school available, then there is no place to
transfer the student.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, briefly on the bill.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I will support the bill because I
do understand the concern of teachers and
parents that one disruptive student can trap
an entire classroom of students into a
situation where they cannot complete their
educational attainment and goals.
But I object to the fact that we're
not putting a fiscal cost on this bill.
Because surely to come up with real
alternatives for children who have serious
disruptive behavior in our classrooms we have
to talk about investments of where we're
placing them.
And particularly in my own city,
where we've made announcements of alternative
4129
schools but never followed through on the
creation of them -- and I would assume the
same is true throughout much of the state --
we're setting ourselves up where to some
degree we may be establishing one more
unfunded mandate for our public school system.
So I will vote for the bill, but I
have serious concerns about how this will ever
be operationalized.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on the bill?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
September.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
In relation to Calendar Number
1253: Ayes, 58. Nays, 2. Senators Diaz and
Duane --
SENATOR DIAZ: Can I be allowed
4130
to explain my vote?
ACTING PRESIDENT MARCELLINO:
Senator Diaz, to explain his vote.
SENATOR DIAZ: Thank you, Mr.
President.
I'm just voting against this bill
because I come from the South Bronx, a
Hispanic community. And my community is one
of those communities that children are
placed -- marked just like disruptive students
just because sometimes they raise their voice.
We come from the Caribbean. We
have a high tone of voice. And we, when we
speak, sometimes people think that we are
crazy. But we're not. And our children, by
hundreds, are placed in the disruptive
children category and are placed in unwanted
children.
And I'm afraid that this bill will
give more authority or more power to different
teachers and schools to keep placing Hispanic
and black children in that category. And this
is a very dangerous bill for our community.
So therefore I'm voting no on this
bill.
4131
ACTING PRESIDENT MARCELLINO:
Senator Diaz will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
2. Senators Diaz and Duane recorded in the
negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Smith, why do you rise?
SENATOR MALCOLM SMITH: Mr.
President, I would request unanimous consent
to be recorded in the negative on Calendar
Number 212, Senate Print 345A.
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Sabini, why do you rise?
SENATOR SABINI: Mr. President, I
ask for unanimous consent to be recorded in
the negative on Senate Calendar 212, S345A.
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: Thank you.
I too was in Rules at the time of that vote.
I would like unanimous consent to be recorded
4132
in the negative on 212, S345A.
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I also was in Rules, and I would
like to be recorded in the negative on
Calendar Number 212.
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
now that everyone is back from Rules, I'd like
to continue with the regular reading of the
controversial calendar, Number 315, by Senator
Little.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
315, by Senator Little, Senate Print 1783A, an
act to amend the Environmental Conservation
Law and others, in relation to the practice of
forestry.
SENATOR SCHNEIDERMAN:
Explanation.
4133
ACTING PRESIDENT MARCELLINO:
Senator Little, an explanation has been
requested by Senator Schneiderman.
SENATOR LITTLE: Thank you.
Thank you for the opportunity to explain this
bill.
The need for this bill became
apparent in 1995. And the bill before this
Legislature is a culmination of a bill that
had been drafted and carried by Senator
Stafford, another bill by Senator Hoffmann,
and another by Senator McGee.
This bill does two things. Number
one, it enacts the protection of forestry by
enacting the right to practice forestry
regulation. It also increases the timber
theft penalties.
First of all, to talk about the
right to practice forestry, as you know, I
represent the Adirondack Park, a park of
6 million acres, 3 million of which are owned
by the State of New York. There are probably
99 billion trees within the Adirondack Park.
And also, it is the center of the forest
products industry. There are many companies
4134
and industries who have located in this
section of New York State because of the
natural resources of the trees that are
available. To a name a few, Finch Pruyn
Paper, International Paper, several other
paper companies and wood product businesses,
including Old Adirondack Furniture, a new
business that's there because of that.
Many towns and local municipalities
have enacted local ordinances that in some way
would have an impact on the practice of
forestry. And the number of ordinances, local
ordinances that were enacted have increased,
so that there are presently 123 towns within
New York State with some kind of ordinance.
Now, one of the ordinances, a
common one, is clear-cutting. This bill would
not do a thing to prevent a local municipality
from enacting an ordinance. What it would do
is it would allow for the municipality itself,
the landowner, or the Department of
Environmental Conservation, to seek a review
of the ordinance.
The petitioner petitions the DEC,
sends the ordinance to the DEC, and within 45
4135
days the DEC makes a statement in regard to
that ordinance and what its impact is on the
practice of forestry.
One of the things that we need to
consider is that this is an important industry
for New York State and many of these
landowners own thousands of acres of forest
land. Many of them own smaller amounts.
If they were not allowed to
practice forestry on these parcels of land,
they would develop them, because that would be
their only other recourse as far as getting
some financial gain from their land. So it's
important that they continue to be able to
practice forestry.
One of the oppositions to this
bill, or a comment that was made by the
environmental group, is that it would allow
for the cutting of trees on the Forest
Preserve. It would not. The New York State
Constitution forbids the removal of trees from
the Forest Preserve. Therefore, if a tree
falls down -- if, in the instance of Gore
Mountain, where they were allowed to clear
some ski slopes, if trees are taken down, if
4136
limbs are taken down, branches, whatever,
those trees have to be chipped up and left on
the property.
That doesn't help the forest
products industry at all. Therefore, this
would not supersede, certainly, the New York
State Constitution in that way.
Another thing that this bill does
is it increases the penalties for the taking
of trees. Sometimes -- and if you've ever
been in the Adirondacks, you would know that
these boundary lines are not marked. You can
have a parcel of land of, for instance,
8 acres surrounded by 300 acres of state land.
A timber person who was trying to
get some extra trees could go through a
private operator's land on the idea they are
timbering that land, move into the state land
and timber trees from the state land, which we
would not want to see happen.
Right now the penalty for unlawful
taking of trees is like $10, $25. And so many
of these companies would just as soon take a
tree and pay the penalty, because the tree is
worth far more than the penalty.
4137
This bill increases the penalty and
the damages, making it much more substantial,
and will act as a deterrent to people who are
trying remove trees illegally from private or
state land.
Just imagine the cost or the value
of a black walnut tree or some of the other
hardwood trees that are very difficult to come
by -- cherry trees. And if they're stolen,
the value of that tree should be considered
certainly before -- as part of the penalty.
A third part of this bill is that
it would, in accordance with the Attorney
General -- who supports this bill -- and the
Office of Court Administration, provide
educational training to local municipal judges
and courts on the control and prosecution of
timber theft -- it would also include district
attorneys -- to see that if timber is stolen,
that they are able to prosecute and they have
a better knowledge and ability to go ahead and
do that.
This bill is supported by the
Adirondack Council, by the Empire State Forest
Products, by the Farm Bureau, verbally by the
4138
Attorney General, and by the Association of
Towns.
This is an important bill for an
important business in the North Country and
for New York State. Certainly the practice of
forestry is something that we need to promote
and promote in good ways and see that it is
not impeded by too many regulations.
Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I'd like
to thank the sponsor for her detailed
explanation. We didn't get into my favorite
provision of the bill, which is the
determination of stumpage value, but I think
I'll leave that for another day.
This bill, as with many of -- I
know you're ready to talk about it.
(Laughter.)
SENATOR SCHNEIDERMAN: This bill,
4139
as with many of its predecessors,
unfortunately is in the situation of being a
piece of legislation where there are several
issues rolled into one bill, making it
impossible in good conscience to vote for the
bill.
It is absolutely clear that the
fines for timber theft, which are in fact $10
per tree, are woefully out of date. If we had
a simple bill before us to increase the fines,
I think that no one would have any questions
about that.
Unfortunately, this bill has been
drafted with several provisions which come
close to being -- really, to being poison
pills. And that's why Environmental Advocates
and the Sierra Club are opposed to it.
In addition to dealing with the
question of updating New York's laws relating
to illegal harvesting and other crimes, it
sets an unrealistically high unenforceable
standard for landowners to recover nonforestry
reparations from tree thieves. The language
in the bill requires them -- and particularly
small landowners would not be able to do this
4140
very easily -- to show, quote, permanent and
substantial damage to their property.
Instead of providing a stronger
weapon with which we could combat timber
theft, in fact, this diminishes the power of
the current law.
The second and I believe even more
egregious failing of this bill is that it
opens the door and allows any landowner who
doesn't like what the local government is
doing to call the commissioner in and the
commissioner could intervene in a local
proceeding. And the fear of the
environmentalists is that there could be
repeated requests, that this could be used as
a strategy for stalling local laws and
chilling local government actions.
And particularly the fact anyone
who is concerned about this, any landowner in
a jurisdiction, maybe the one landowner who
opposes stronger environmental laws that the
local government is trying to pass, could call
DEC in to impede the local government from
taking action.
For those reasons, I feel compelled
4141
to vote against this. I hope we will be able
to get a bill out very soon that deals with
the very serious problem that is the primary
focus of this bill, the question of timber
left and our inadequate laws in that area.
But as long as it's rolled into one
piece of legislation with these other
provisions that really are harmful to our
efforts to strengthen environmental
enforcement in this state, I'm going to be
constrained to vote no. And I urge my
colleagues to do likewise.
ACTING PRESIDENT MARCELLINO:
Senator Hoffmann, before you do, can we have a
little order, please. Conversations, if you
can, take them out of the chamber. Staff,
please take your seats.
Senator Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
I rise as a proud cosponsor of this
piece of legislation. And this bill
introduced by Senator Little on the floor
today incorporates many of the provisions --
indeed most of the provisions of a piece of
4142
legislation that Senator McGee and I worked on
over a period of several years. That is the
timber theft bill, of Senate 2748, that was
several years in the making and followed the
long process that is often engaged by this
body of public hearings around the state.
In this case, we held hearings --
and I must credit Senator McGee, who was at
that time chair of the Rural Resources
Commission and continues to be chair of the
Rural Resources Commission. Senator McGee and
her staff organized hearings in virtually
every corner of the state that has experienced
a problem with the growing issue of timber
theft.
And while I understand from Senator
Schneiderman, who has a district that is
wholly urban, issues like stumpage value may
seem somewhat comical, to those of us in an
upstate area that rely upon income from the
forest products industry and from agriculture,
it is a very real problem. And to some it has
been a severe economic hardship.
So I applaud the rest of my
colleagues who have voiced their concern for a
4143
timber theft bill and a forest practices bill
to come to the floor in this unified fashion.
And it's not the first time that
we've seen an opposition memo from
Environmental Advocates, and I'm sure it won't
be the last. But this particular memo
unfortunately reads from a perspective that
has little firsthand appreciation of the lives
of people who are affected by the concept of
forest industry practices or anybody who has
ever been victimized by timber theft.
Several of the features of this
bill deserve to be noted. Number one,
changing stumpage value to award triple or
treble stumpage value or treble damages for
the theft of a tree.
Now, there's a reason for this.
When someone calls a law enforcement officer
usually a sheriff in a rural county, and says,
We have had trees stolen, that law enforcement
officer may or may not be able to determine
that this was in fact a valuable tree.
Typically, in law enforcement, it's
easy to go after goods that are consumer
items. If you have a television stolen and
4144
you can say, Someone stole a television from
my house, you can give a pretty good
explanation of what that television looked
like, maybe even what the serial number is on
it.
But a log is a different story, or
a standing tree is a different story. And
there is an enormous disparity between an ash
of modest value and a beautiful, mature black
walnut or cherry tree with veneer quality that
could be worth several thousand dollars.
So we have had a need to determine
a value that more accurately reflects what
that landowner has actually lost. And this
bill will do that.
It also awards the cost of
maintaining an action. This allows somebody
who has been victimized to know that they can
recover the actual legal costs of implementing
the action.
In the past, many, many people who
were victims of timber theft knew that the
likelihood of ever recovering anything at all
was so small that they were not willing to
even undertake the legal process.
4145
And, sadly, there are thieves out
there -- and I'm not going to call them
loggers, because they're solely disreputable
people that should not be given that title at
all. These people have preyed upon
individuals, often absentee landowners, people
who own large tracts of land for their beauty,
own them so that they can manage their wood
lots, but don't live on that same parcel.
Knowing full well that an absentee
landowner is not going to be as quick to
determine that a loss has taken place,
unscrupulous timber thieves have in some cases
stolen hundreds of trees from some of these
landowners. And those thieves have known that
there was little likelihood that they would
ever be brought to justice.
This bill, this law is long
overdue. And I hope all of my colleagues will
recognize the need for rural residents to have
it enacted as quickly as possible.
The bill also allows the cost of
restoration to be included in the damages
awarded. Now, it's not possible to bring back
a 100-year-old tree, but there is damage to
4146
the land that must be considered. Ruts caused
by the skidders, ruts caused by heavy trucks,
damage to other brush, all of these things can
be addressed. And the remediation aspect is
carefully written within this measure.
There are several things that this
bill does not do. And I would just like to
address those, because in our long series of
hearings we recognized that the risks of
timber theft are so great in this state that
there was a temptation to put in place some
measures that might have been extreme and
might have caused a hardship to legitimate
people practicing the forest products industry
trades.
For instance, it does not include a
seizure provision. And this was a matter of
great discussion during the meetings of our
task force. And there are very good arguments
in favor of seizing all equipment that is used
in the process of committing that crime. We
do that with drug trafficking right now. We
do that in other areas. But we do not put
that -- we did not put that in this particular
bill.
4147
However, if the problem of timber
theft continues to be as great in this state
as it has been in the past, that's something
that we may well revisit again.
We did not include anything that
would require onerous recordkeeping for
individual logs. There are states that
require a virtual manifest for every log taken
from a piece of property and transported to a
mill.
In this state, the weight of that
load or other ways to determine the size of
the trees or the total board feet will be the
criteria, as it always has been. However,
again, we reserve the right to come back.
And I thank all of the people who
raised their concerns about putting onerous
provisions in the timber theft law.
But there will be higher penalties
and easier prosecution, better education for
people in law enforcement, including those at
the district attorney level and for the
judiciary, and the DEC will be much more
integrally involved because they'll now have
an opportunity to cite specific language that
4148
is relevant to these days.
In 1963, when had you a black
cherry worth approximately $50 for a thousand
feet of board wood, it was a relatively
reasonable penalty on the books. Today, that
same black cherry tree is worth $1200 for a
thousand board feet. And it's time for us to
address this situation seriously.
There are 14,000 acres of private
forest land in this state, more than the total
acreage of some states and some small
countries, and there are another 1140 acres of
public land. All of these lands are at risk.
We have a responsibility to protect those
lands, their landowners, whether they be
private owners or whether they be the
taxpayers of the State of New York.
And we know, a conservative
estimate is that there is $1 million lost
annually in tax revenue because of timber
thefts -- tax revenue that should come to the
state if these trees were legitimately
harvested and the taxes were paid at each step
of the way.
So I urge all of my colleagues to
4149
consider the interests of the landowners in
the upstate areas and recognize that several
of your colleagues who have made this a
concerted effort for several years realize
that this is a reasonable and a very
responsible and a long overdue measure.
ACTING PRESIDENT MARCELLINO:
Senator McGee.
SENATOR McGEE: Mr. President, I
really rise to compliment and thank Senator
Little on bringing the bill to the floor, and
certainly thank Senator Bruno for realizing
the terrible issue there is on the logging
rules and regulations and laws that we have in
the State of New York which were so very, very
outmoded and certainly needed to be brought
up-to-date.
The bill is an excellent bill. As
Senator Hoffmann indicated, there are some
things that were in the other bills that we
had done through the timber theft hearings.
But this is a good bill. It
increases and updates the timber theft
penalty, which are horribly out of date. It
focuses on stopping the repeat offenders who
4150
are running rampant over our innocent victims,
and educates our local law enforcement
officials and prosecutors on the seriousness
of the crime and gives them -- they will learn
ways to successfully catch and prosecute the
very few bad apples that we have that are out
there illegally logging.
Again, I say thank you very much,
Senator Hoffmann, for joining me in our timber
theft hearings. And thank you very much to
Senator Little, who does represent a majority
of the Adirondack Park. And certainly her
district suffers from a great deal of timber
theft.
And so I urge everyone to be very
considerate and understand the specific issues
that illegal logging does to the State of
New York.
Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield.
ACTING PRESIDENT MARCELLINO:
Senator Little, do you yield?
4151
SENATOR LITTLE: Yes, I will
yield.
ACTING PRESIDENT MARCELLINO: She
yields.
SENATOR DUANE: Thank you, Mr.
President.
I'm wondering if the sponsor could
let me know what is different about the A and
B prints than the original bill. I don't
think anyone has asked that question before.
SENATOR LITTLE: One thing we
added was the educational piece to the bill.
And the forest land shall -- oh, this one.
Section 861 of the Real Property Actions and
Proceedings Law was repealed, and a new
Section 861 was added which called for action
for cutting, carrying off and despoiling trees
and timber and that kind of thing.
So instead of talking about general
municipalities, we talked about -- the general
municipality law, we specified the
municipalities.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
4152
ACTING PRESIDENT MARCELLINO:
Yes, the sponsor, I believe, would continue to
yield.
SENATOR DUANE: Thank you. I
know that the Environmental Advocates were
concerned about the usurpation of local law.
But based on what's just been said, it sounds
like that issue has been dealt with.
SENATOR LITTLE: Actually, it
does not do anything to deter a local
municipality from enacting an ordinance. All
it says is that the landowner or the
municipality or DEC has a right to review.
And there really is no huge delay,
because they have 45 days from the time they
get the ordinance until they review it.
SENATOR DUANE: Thank you.
Thank you, Mr. President.
And just a word on the bill, if I
may.
ACTING PRESIDENT MARCELLINO:
Senator Duane, on the bill.
SENATOR DUANE: I just wanted to
mention that I feel that the issues raised
have been addressed.
4153
And the only other thing I think I
need to add is that an area where the
environmental activists and I split is that I
would very much like to see those black flies
obliterated. Other than that, though, I think
that we're together on most issues.
SENATOR LITTLE: There's a lot of
people in the Adirondacks who would like to
see the black flies obliterated as well.
I also would add that some of the
amendments for, you know, the change in the
bill was because this is the same as a bill by
Assemblyman Parment in the Assembly and has
been agreed upon.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on this
bill?
Read the last section.
THE SECRETARY: Section 15. This
act shall take effect on the first of March.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 315 are
4154
Senators Andrews, Dilán, Hassell-Thompson, L.
Krueger, C. Kruger, LaValle, Montgomery,
Onorato, Oppenheimer, Parker, Paterson,
Sabini, Schneiderman, A. Smith, and Stavisky.
Also Senator Lachman. Ayes, 44. Nays, 16.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Mr.
President, I would like to request unanimous
consent to be recorded in the negative on
Calendar 212.
ACTING PRESIDENT MARCELLINO:
Without objection, so ordered.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Andrews.
SENATOR ANDREWS: Yes, Mr.
President. I'd like to be recorded in the
negative on Calendar 212, with unanimous
consent.
ACTING PRESIDENT MARCELLINO:
Without objection, so ordered.
Senator Kuhl.
4155
SENATOR KUHL: Yes, Mr.
President. Can we return to the order of
reports of standing committees.
I understand that there's a report
of the Rules Committee at the desk. I ask
that it be read.
ACTING PRESIDENT MARCELLINO: We
can return to the order of standing
committees.
And the Secretary will read the
report of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2452, by Senator
Onorato, an act to amend the Labor Law;
5001, by Senator Lachman, an act to
authorize;
5127, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
5138, by Senator Johnson, an act to
amend the State Finance Law;
5145, by Senator Volker, an act to
amend the Criminal Procedure Law;
5165, by Senator Leibell, an act to
4156
amend the Public Authorities Law;
5174, by Senator DeFrancisco, an
act to amend the Estates, Powers and Trusts
Law;
5180, by Senator Velella, an act to
amend the Retirement and Social Security Law;
5181, by Senator Velella, an act to
amend the Civil Service Law;
5204, by Senator LaValle, an act to
amend the Executive Law;
5217, by Senator Little, an act to
authorize;
5249, by Senator Rath, an act to
amend the Family Court Act;
5303A, by Senator Hannon, an act to
amend the New York Health Care Reform Act of
2000;
5314, by Senator Volker, an act to
amend the Vehicle and Traffic Law;
5323A, by Senator Trunzo, an act to
amend the Real Property Tax Law;
5330, by Senator Alesi, an act to
amend the Executive Law;
5345, by Senator Johnson, an act to
amend the Tax Law;
4157
5346B, by Senator Rath, an act
authorizing;
5368A, by Senator Johnson, an act
to amend the Environmental Conservation Law;
5370, by Senator Kuhl, an act to
amend the Tax Law;
5381, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5386, by Senator LaValle, an act to
amend the Education Law;
5388, by Senator Morahan, an act to
amend the Penal Law;
5407, by Senator Volker, an act to
amend the Criminal Procedure Law;
5416, by Senator Skelos, an act to
amend Chapter 138 of the Laws of 1998;
5417, by Senator Maziarz, an act to
amend Chapter 352 of the Laws of 1999;
5419, by Senator Libous, an act to
amend the Tax Law;
5425, by Senator Golden, an act to
amend the Penal Law;
5442, by Senator Meier, an act to
amend the Social Services Law;
5448, by Senator Bonacic, an act to
4158
amend the Social Services Law;
5449, by Senator Bonacic, an act to
authorize;
5461, by Senator Robach, an act to
amend the Alcoholic Beverage Control Law;
5467, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
5476, by Senator McGee, an act
authorizing;
5480, by Senator Morahan, an act to
amend Chapter 601 of the Laws of 1999;
5487, by Senator Leibell, an act to
amend the Eminent Domain Procedure Law;
5489, by Senator Morahan, an act to
amend Chapter 621 of the Laws of 1999;
5499, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
And Senate Print 5585, 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 MARCELLINO:
Senator Kuhl.
4159
SENATOR KUHL: Yes, Mr.
President, can we now -- I make a motion to
accept the report of the Rules Committee.
ACTING PRESIDENT MARCELLINO: On
the motion to accept the report of the Rules
Committee, all those in favor 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 Kuhl.
SENATOR KUHL: Yes, now can we go
to the regular calendar and call up Calendar
Number 1303.
It's not on today's active list,
but we'd like to take that up at this time.
ACTING PRESIDENT MARCELLINO: The
Secretary will read Calendar 1303.
I believe the bill has been placed
on everybody's desk.
THE SECRETARY: Calendar Number
1303, by Senator Bruno, Senate Print 4999, an
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act to amend the Penal Law and the Highway
Law, in relation to violence committed on
school grounds.
SENATOR MONTGOMERY: Explanation,
please.
ACTING PRESIDENT MARCELLINO:
Senator Volker, an explanation has been
requested.
SENATOR VOLKER: Mr. President,
I'm discussing this bill because Senator Bruno
is busy with negotiations with the Governor
and couldn't be here.
This bill is a bill that deals with
violence on school grounds and is named
Suzanne's Law after Suzanne Lyall, who was a
student at SUNY Albany and disappeared from
the campus five years ago, on March 2, 1998.
This bill has passed this house on
a number of occasions. Basically it would
provide protection to schools by increasing
penalties for certain violent crimes that are
committed on school grounds. For instance, if
the penalty for a crime were a Class E felony,
it would move it to a Class D, and a C felony
to a B.
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This is a bill that Senator Bruno
believes, and I believe, could have an impact
on anybody who would attempt to commit a crime
on any of the schools of this state, meaning
the buildings, playgrounds, athletic fields,
and so forth.
The people that are involved in
this bill for some time, Suzanne Lyall's
parents, Doug and Mary Lyall -- who, by the
way, are here in the gallery with us -- have
been pursuing this bill for many, many years
and in fact have pursued legislation in
Washington and recently was very successful in
passing a bill in Washington to further
protect children or young students at various
schools.
What this bill, as I say, would try
to do is to provide additional protection for
the vulnerable people who are at our schools
in this state. And I think that when
Suzanne's Law, which unfortunately has not
passed the Assembly -- and we are very, very
hopeful by the way that this maybe the year
that this bill would pass. And the Governor
and the Senate is trying very desperately to
4162
get this bill passed.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, if Senator Volker could answer a
couple of questions. I know that Senator
Bruno is not --
SENATOR VOLKER: I certainly
will.
ACTING PRESIDENT MARCELLINO: I
believe the Senator yields.
SENATOR MONTGOMERY: Thank you.
I understand this is Senator Bruno's bill,
Senator.
SENATOR VOLKER: Yes.
SENATOR MONTGOMERY: But I just
want to ask you, the legislation refers to
school grounds. It was my understanding that
Suzanne Lyall was a college student. Is that
correct?
SENATOR VOLKER: That's right,
yes.
SENATOR MONTGOMERY: All right,
thank you.
So the bill, then, that we have
4163
here, though it says in the name of Suzanne
Lyall, it's not really a Suzanne Lyall bill,
in that it refers to any school for any
child -- elementary, high school --
SENATOR VOLKER: Elementary,
secondary, college or university. It also
refers, by the way, to daycare centers. I
didn't mention that, but it -- or nursery
schools. And any land within a thousand feet
of the school boundary line.
So it does pertain to the situation
involved with Suzanne Lyall. But it also
pertains to any area where young people would
be involved. And it would increase the
penalties for any serious crime. And as you
know, there's a list of crimes in the bill
that are involved.
SENATOR MONTGOMERY: Yes. And
through you, Mr. President, if Senator Volker
would continue to have a discussion.
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR MONTGOMERY: Thank you.
I note that you're right, the bill
4164
refers to a long list of different crimes that
would be increased in penalty.
I'm just curious, it was my
understanding that Suzanne disappeared and she
has not been found to date.
SENATOR VOLKER: That's true.
SENATOR MONTGOMERY: So this bill
is not really related to that, but any other
thing that may happen on a campus. And I
guess Suzanne was the impetus for it. But
this does not really speak to what happened to
Suzanne Lyall.
SENATOR VOLKER: Well, it does.
The assumption is that she was kidnapped.
Although, obviously, we don't know exactly
what happened. But we assume that she was
kidnapped. So this would pertain to that.
Of course, it would also cover
federal -- potentially federal statutes and so
forth. But you're right, it -- we don't know
absolutely for sure what happened. But it
certainly would cover kidnapping.
SENATOR MONTGOMERY: So the one
case, the one instance that I see in here
is -- speaks to unlawful imprisonment, which
4165
I'm assuming you are raising the penalty on
that from second to first and kidnapping from
third to second.
SENATOR VOLKER: Yeah. Any of
the violent crimes would have the penalties
raised one degree. Such as a C felony would
become a B felony, and so forth.
So what this bill would do is to
attempt to deal obviously not just a situation
such as Suzanne's case, but any similar case
that could occur on a school grounds or
college or university grounds.
SENATOR MONTGOMERY: Through you,
Mr. President, if I can continue my
questioning.
ACTING PRESIDENT MARCELLINO:
Will the sponsor yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR MONTGOMERY: Thank you.
Thank you for that clarification, Senator
Volker.
So what we're talking about is a
bill that covers far more than whatever we
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dealt with with Suzanne.
But let me just ask also, does
this, in addition to including many, many
other types of activities, does it also
include anyone who sets foot on a campus, in a
high school -- so this doesn't just simply
pertain to students, does it not? Or does it
pertain to any person who is -- comes within a
thousand feet of a school, that person is now
charged at a higher degree?
SENATOR VOLKER: Well, not the
person, it's the crime. It is the crime. If
a person is assaulted, for instance, on school
grounds, or anyone who is -- a violent crime
is committed against that person, the idea is
to set up what amounts to -- and a lot of
states, by the way, are doing this. This is
nothing new across the country -- are
attempting to develop some sort of campus
security for various colleges, universities,
and schools.
The concept being to make sure that
people do not commit violent crimes,
obviously, on school property where young
people are involved.
4167
SENATOR MONTGOMERY: So the way
that the bill is written, it seems that if
there is any incident that takes place within
a thousand feet, if I'm hearing you correctly,
no matter that it's related to a person at
school or that has anything to do with the
school, it's just two people.
Or if, as your bill says, if it's
upon a person less than 11 years old. If it's
aggravated assault upon a police or peace
officer. Any of these -- reckless assault of
a child by a daycare provider.
Anything that happens, whether it's
in any way related to the school, whether
either of the parties is related to the
school, this bill would cover them if they
stepped across the street, let's say, just for
instance, and that's a thousand feet. If they
did this on the other side of the street, they
would be charged with a lesser crime.
SENATOR VOLKER: Let's understand
here, this is not an incident, this is a
violent crime that is specifically listed in
the Penal Law. It doesn't mean an incident,
it means a violent crime. Anybody who commits
4168
a violent crime obviously would be charged
severely.
What this is saying, however,
though, if you are committing that crime at or
near those school grounds, the crime could
potentially be raised by one degree. Which is
an attempt to say to anybody who commits
violent crimes, obviously, they're going to
get arrested anyways, or they should be. But
this says the crime would be even more severe
because of the location where it is.
SENATOR MONTGOMERY: All right.
Thank you, Senator Volker.
Mr. President, on the bill briefly.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery, on the bill.
SENATOR MONTGOMERY: Yes, Mr.
President. The only basic comment that I have
on this legislation, besides the fact that
there are any number of crime charges here
that go far beyond what is referred to as the
Suzanne Lyall case -- we are obviously
extremely regretful about what has happened to
a young person who was at the prime of her
career, just at the beginning, really, of her
4169
career.
And in any instance when a young
person meets with an unfortunate situation,
such as Suzanne, we can only -- it can only
heighten our degree of anxiety and anguish and
anger. But certainly I think that it does not
memorialize her fairly by labeling this type
of bill as a Suzanne's Law.
Because what it simply is is a
bill -- it is a sentencing law. It just
simply seeks to increase the level of a charge
based on where you are standing. It doesn't
even go as far as saying if this is a certain
group of people, if this is a certain category
of person. It just says if you stand on this
side of the street as opposed to that side of
the street, you can be charged differently.
And I don't think that makes any
sense, none, in terms of law enforcement. But
certainly I think it is unfair to say that
this is a Suzanne Lyall bill. It does nothing
to speak to what happened to that young woman.
And I think that we should
certainly be looking to figure out ways in
which we can better protect youngsters --
4170
especially young college students, because
that's what Suzanne Lyall was -- but certainly
not to name a simple, straight-out, what I
consider to be not-well-thought-out sentencing
bill.
So I'm going to vote no on this.
It in no way reflects my support of what we
should be doing for Suzanne Lyall. But I am
opposed to having an inconsistent,
not-well-thought-out sentencing bill, and
especially it should not be in the name of
Suzanne Lyall. I'm voting no.
ACTING PRESIDENT MARCELLINO:
Senator Volker.
SENATOR VOLKER: If I might just
quickly respond.
And I understand what you're
saying, but Senator, let me just tell you, I
think it is appropriate for Suzanne Lyall.
And I think it's especially appropriate -- I
think what you're talking about is the issue
of whether a person committed a crime or not.
That's not the issue here. The issue is
sentencing.
These are violent felons already.
4171
And I think it is fitting that a young person
should be named after a bill that deals with
attempting to protect school grounds and
grounds where young people particularly are
involved but not necessarily exclusively young
people.
It seems to me that the thing we
should be doing -- and I particularly want to
thank Suzanne's parents, Doug and Mary Lyall,
who have spent enormous amount of time in
attempting to deal with these kinds of issues,
particularly because of, obviously, the trauma
that they've been true through.
And I wanted to say Senator Bruno
wanted me to say to the both of you that he
particularly feels strongly about your attempt
to deal with the Washington situation, and we
are most happy that you chose to come here
today to listen to this debate.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on this
bill?
Senator Diaz.
SENATOR DIAZ: Thank you, Mr.
President. Will the sponsor yield, please?
4172
ACTING PRESIDENT MARCELLINO:
Senator Volker, will you yield to a question?
SENATOR VOLKER: Yes. Yes.
ACTING PRESIDENT MARCELLINO: He
yields, Senator.
SENATOR DIAZ: For my own
understanding, for my own conscience -- just
maybe you already answered the question, but I
would like to be clear on it.
When the bill says "sentence of
imprisonment for a crime committed against a
person on school grounds" --
SENATOR VOLKER: Yes, that's
true.
SENATOR DIAZ: -- Senator, that
means a teacher committing a crime against a
student?
SENATOR VOLKER: A violent crime.
Only violent crimes that are listed in the
Penal Law. Not just any ordinary crimes.
This is anyone who would commit a
violent crime which is listed in the Penal Law
specifically, that the penalty for that crime
would be increased by one degree.
SENATOR DIAZ: Mr. President,
4173
would the sponsor continue yielding, please.
ACTING PRESIDENT MARCELLINO:
Senator Volker, will you continue to yield?
SENATOR VOLKER: Yes.
ACTING PRESIDENT MARCELLINO: He
yields, Senator.
SENATOR DIAZ: That also means a
student against a student?
SENATOR VOLKER: A violent crime
by a student against a student? The answer is
yes. Subject, of course, to the rules as far
as age which we already have.
SENATOR DIAZ: Thank you,
Senator, Mr. President.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard?
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President.
I expect I'll vote for this, but I
don't do it with any great degree of
enthusiasm because --
ACTING PRESIDENT MARCELLINO:
Senator Connor, are you speaking on the bill?
SENATOR CONNOR: Yes, on the
4174
bill.
ACTING PRESIDENT MARCELLINO:
Senator Connor, on the bill.
SENATOR CONNOR: Thank you, Mr.
President.
I expect I'll vote for this, but I
really don't have a lot of enthusiasm for
these kinds of bills. I've said it many, many
times over the years.
It was quite fashionable ten or
fifteen years ago to increase penalties for
crimes committed against specific categories
of people. Senior citizens, whatever. But
various types of public servants.
And frankly, when you deal with
public servants, there's probably a little
more rationale for government to exact
stronger penalties because those public
servants, be they firefighters, police
officers, or whatever, there's a -- when a
crime is committed against them, a crime of
violence, there's also a further, if you will,
insult to government.
But that said, I think we owe
protection to all of our citizens. And now we
4175
get into crimes committed in particular
places -- churches, schools. I know we've had
bills in cemeteries, other things, over the
years.
And, you know, I don't know if it
matters much to the victim whether they are
violently assaulted on school grounds or
school property or two blocks way. And I
don't really -- and with all -- I certainly
sympathize with the Lyalls, I sympathize with
all victims of crimes. And you do look for a
safe haven on a college campus. People do
look for safe havens in various places.
But I think we go far astray when
we start to base the punishment on where the
crime happened, the age or status of the
victim when there's nothing else involved.
Hate crimes? That was different.
That was about motive. That was about the
intent of the person who committed the crime.
But in this case, I'm not sure that
the kind of predators it's designed to enhance
punishment for really care whether their
victim is on school grounds or elsewhere. I
suspect very much that these are crimes of
4176
opportunity for the perpetrators.
I'd frankly be much more inclined
to support an enhancement of penalties for all
violent crimes, wherever committed, than to
just single out a particular area.
So, Mr. President, as I speak, I
think I'm talking myself into voting no. And
I think I will vote no, because I stood here
many years ago and voted no to enhanced
penalties for crimes against seniors. Not a
great political move, but one I believed in
because I do believe in this principle.
I think all of our citizens, no
matter what their age, no matter whether they
be students or public employees or just
citizens walking down the street, deserve the
same level of protection and the same level of
deterrence against those who would inflict
violent crimes upon them.
And therefore, I think -- and I
understand what motivates this bill. I
understand the desire to do something. But I
think if we want to do something, let's
consider enhancing all the penalties for the
same category of crime no matter who it's
4177
inflicted upon.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
September.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1303 are
Senators Connor, Montgomery, and Parker.
Ayes, 58. Nays, 3.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Would you call up, now, Calendar
1345.
The bill has been distributed; it's
on the members' desks.
ACTING PRESIDENT MARCELLINO: The
Secretary will read Calendar Number 1345.
4178
THE SECRETARY: Calendar Number
1345, by the Senate Committee on Rules, Senate
Print Number 5585, an act to amend Chapter 576
of the Laws of 1974.
ACTING PRESIDENT MARCELLINO:
Senator Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
ACTING PRESIDENT MARCELLINO:
Yes, there is, Senator.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MARCELLINO: The
motion is to accept the message of necessity.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
message is accepted.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
I believe I have an amendment at
the desk. I move to waive its reading and ask
4179
to be heard on the amendment.
ACTING PRESIDENT MARCELLINO:
Just a second, Senator.
SENATOR LIZ KRUEGER: Certainly.
ACTING PRESIDENT MARCELLINO: We
have your amendment, Senator. The reading is
waived, and you're free to speak on it.
SENATOR LIZ KRUEGER: Thank you.
As I said here last Thursday when
we did a one-day extension, it's a completely
unacceptable option while 2 million of
New Yorkers are waiting to see what we do on
rent regulation and its continuation.
I am offering an amendment today
that would in fact provide us a same-as bill
in the Senate with the bill that was passed by
the Assembly in February. And, in fact, my
amendment is identical in language to Senator
Padavan's Senate Bill 2954.
This amendment would renew rent
control and rent stabilization laws through
June 15, 2008, to provide tenant protections
and condo coop conversion protection laws that
are set to expire today. It would repeal
vacancy decontrol provisions that allow
4180
permanent decontrol of regulated apartments
when they reach a monthly rent of $2,000.
It would amend and expand rent
stabilization coverage to post-1973
Mitchell-Lama rental buildings and
project-based Section 8 buildings whose
landlords take them out state and federal
subsidy programs.
And it would amend or plug
owner-use eviction loopholes that now allow
landlords to empty entire buildings of
regulated apartments based on the claim, often
fraudulent, that they want the unit for
themselves or a family member.
ACTING PRESIDENT MARCELLINO: All
those in favor of the amendment please signify
by raising their hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Brown, Connor,
Diaz, Duane, Gonzalez, Hassell-Thompson, L.
Krueger, C. Kruger, Lachman, Montgomery,
Onorato, Oppenheimer, Parker, Paterson,
Sabini, Schneiderman, A. Smith, M. Smith,
Stachowski, and Stavisky.
ACTING PRESIDENT MARCELLINO: The
4181
amendment is lost.
Senator Krueger.
SENATOR LIZ KRUEGER: I believe
there's a second amendment on this bill at the
desk.
I move to waive its reading and ask
to be heard on that amendment.
ACTING PRESIDENT MARCELLINO: We
have that amendment. And the reading is
waived, you're free to speak.
SENATOR LIZ KRUEGER: Thank you.
Having suspected we would lose on
the first amendment --
ACTING PRESIDENT MARCELLINO:
Wise.
SENATOR LIZ KRUEGER: -- we've
also prepared a second amendment with language
that is identical to another bill by Senator
Padavan, S3123.
This amendment will remove the
provision that prohibits cities of 1 million
or more from strengthening rent regulation
laws to provide more comprehensive coverage
than that provided by state laws, commonly
known as the Urstadt Law.
4182
Currently, as a provision of the
Local Emergency Housing Rent Control Act,
municipalities cannot strengthen the laws to
provide more comprehensive coverage than that
allowed in our state statute. This bill would
remove the provision prohibiting cities of
1 million or more from strengthening their
tenant protection laws to provide more
comprehensive coverage than allowed by state
statute.
ACTING PRESIDENT MARCELLINO:
Will all those Senators in favor of the
amendment please signify by raising their
hands.
Let the record note Senator
Oppenheimer is raising two hands.
(Laughter.)
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Brown, Connor,
Diaz, Duane, Gonzalez, Hassell-Thompson, L.
Krueger, C. Kruger, Lachman, Montgomery,
Onorato, Oppenheimer, Parker, Paterson,
Sabini, Schneiderman, A. Smith, M. Smith,
Stachowski, and Stavisky.
ACTING PRESIDENT MARCELLINO: The
4183
amendment is lost.
SENATOR KUHL: Last section.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Duane and L. Krueger recorded in
the negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, may we return to the order of
motions and resolutions. I have some
housekeeping.
On behalf of Senator Flanagan, on
page 45, I offer the following amendments to
Calendar Number 1047, Senate Print 2057, and
ask that it retain its place on the Third
Reading Calendar.
On behalf of Senator McGee --
4184
ACTING PRESIDENT MARCELLINO: The
amendments are received and adopted.
SENATOR KUHL: On behalf of
Senator McGee, Mr. President, I offer the
following amendments to Calendar Number 1340,
Senate Print 5476, and ask that that bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MARCELLINO: The
amendments are received and adopted.
SENATOR KUHL: Also, Mr.
President, on page 44 I offer the following
amendments to Calendar Number 1015, Senate
Print 4975, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MARCELLINO: The
amendments are received and adopted.
SENATOR KUHL: On behalf of
Senator Balboni, Mr. President, on page 43 I
offer the following amendments to Calendar
Number 999, Senate Print 4747A, and ask that
said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MARCELLINO: The
amendments are received and adopted.
4185
SENATOR KUHL: Then, on behalf of
Senator Seward, Mr. President, I wish to call
up his bill, Senate Print 4454A, recalled from
the Assembly, which is now at the desk.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
784, by Senator Seward, Senate Print 4454A, an
act to amend the Insurance Law.
SENATOR KUHL: Mr. President, I
move to reconsider the vote by which the bill
passed the house.
ACTING PRESIDENT MARCELLINO:
Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR KUHL: I offer up the
following amendments.
ACTING PRESIDENT MARCELLINO: The
amendments are accepted.
SENATOR KUHL: On behalf of
Senator Fuschillo, Mr. President, I wish to
call up his bill, Senate Print 3294A, recalled
from the Assembly, which is at the desk.
ACTING PRESIDENT MARCELLINO: The
4186
Secretary will read.
THE SECRETARY: Calendar Number
808, by Senator Fuschillo, Senate Print 3294A,
an act to amend the General Business Law.
SENATOR KUHL: Mr. President, I
now move to reconsider the vote by which the
passed the house.
ACTING PRESIDENT MARCELLINO:
Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR KUHL: I offer up the
following amendments.
ACTING PRESIDENT MARCELLINO: The
amendments are received and adopted.
SENATOR KUHL: Would you
recognize Senator Hassell-Thompson, who I
believe has a vote to change.
ACTING PRESIDENT MARCELLINO:
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
I rise to request unanimous consent
to be recorded in the negative on Calendar
Number 212.
4187
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR KUHL: Mr. President,
would you please recognize Senator Ada Smith.
ACTING PRESIDENT MARCELLINO:
Senator Smith.
SENATOR ADA SMITH: Mr.
President, I request unanimous consent to be
recorded in the negative on Calendar Number
212, Bill Number 345A.
SENATOR KUHL: No objection.
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR KUHL: Would you
recognize Senator Connor.
ACTING PRESIDENT MARCELLINO:
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President. May I have unanimous consent to be
recorded in the negative on Calendar Number
212, passed earlier today.
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR KUHL: Would you
recognize Senator Montgomery.
4188
ACTING PRESIDENT MARCELLINO:
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 1253.
ACTING PRESIDENT MARCELLINO: So
ordered, Senator.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Kuhl.
SENATOR KUHL: Please recognize
Senator Stachowski.
ACTING PRESIDENT MARCELLINO:
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar 315.
SENATOR KUHL: No objection.
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR KUHL: Any other
Senators?
Any other housekeeping at the desk,
Mr. President?
ACTING PRESIDENT MARCELLINO: No,
4189
the house is clean, Senator.
SENATOR KUHL: There being no
further business to come before the Senate
today, I move we stand adjourned until
tomorrow, Tuesday, June 17th, at 3:00 p.m.
ACTING PRESIDENT MARCELLINO: The
Senate will stand adjourned until tomorrow,
Tuesday, at 3:00 p.m.
(Whereupon, at 5:44 p.m., the
Senate adjourned.)