Regular Session - June 17, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 17, 2003
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in the Pledge of Allegiance
to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation today will be offered by the
Reverend Buddy Cremeans, pastor of the
Northway Fellowship in Malta, New York.
REVEREND CREMEANS: Let's pray.
Father, thank You, Lord, for this
moment, Lord, that we can just take out of a
busy day and to be still and to know that
You're God.
Father, thank You for Your many
blessings. Thank You for the beautiful day
that You created for us today. Lord, thank
You for the gift of life that You've given to
each and every one of us today. And, Father,
most of all, Lord, I thank You for being a God
who continually pursues us with Your love.
Lord, I thank You for these men and
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women here. And, Lord, I lift them up to You.
And, Lord, I pray for Your protection on them
and their families. And, Lord, I pray for
Your richest blessings on them.
Father, I know they get bombarded
by a lot of different things. And, Lord, I
just ask for discernment and for wisdom that
comes from above and not from man.
Lord, I know that Your word says to
whom much is given, much shall be required.
And, Lord, You've given them the gift of
leadership. And I just pray that You'd help
them with that and sharpen that. And we thank
You for each and every one of them.
And, Lord, lastly, I just thank You
again, Lord, for today. And, Lord, I know
they're going to just wrap this up in a couple
of days. And I pray for a time of refreshment
and rest, Lord, as they go home to their
families. And may they connect with those
that matter most -- God, with You, and with
their families.
Lord, we love You. No one compares
to You. Thank You for this great state.
Thank You for this great country. And thank
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You for the liberty and freedom that we have.
And, Lord, I ask all these things in the name
above all names, Jesus Christ.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate, Monday
June 16, the Senate met pursuant to
adjournment. The Journal of Sunday, June 15,
was read and approved. On motion, the Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following nominations.
As a justice of the Supreme Court
of the Second Judicial District, Michael V.
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Ajello, of Staten Island.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I rise
to move the nomination of Michael V. Ajello
for Supreme Court Justice of the Second
Judicial District.
Mr. Ajello appeared before the
Judiciary Committee this morning, was found to
be well qualified and obviously -- not only
well qualified, but having had lifelong
experience of practicing law, doing pro bono
work, and serving our community as well as his
clients, he has been determined to be well
qualified.
And I'd like to ask the president
to recognize Senator Golden, who is going to
second the nomination.
ACTING PRESIDENT MEIER: Senator
Golden.
SENATOR GOLDEN: Thank you, Mr.
President, acting president. Thank you,
Senator DeFrancisco.
It was a privilege today to be at
your hearing today, Senator, and to watch a
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nomination come forward for Michael Ajello, a
resident of the community of Richmond County
and one that has done many good things for
both the community of Kings County and the
community of Richmond County.
He is a community-orientated,
highly qualified individual. He is
accomplished and a dedicated attorney with
extensive knowledge in the area of estate and
real estate law. And he is highly regarded by
his peers in the law community.
He has an extensive professional
legal background, from his own company in
Brooklyn and in Staten Island since 1965,
Ajello & Ajello. He's also worked at the
Kings County district attorney's office on pro
bono, and working with the assistant DA,
active in advising junior district attorneys
on various aspects of legal proceedings since
1998 to present.
He was also at civil court and
worked at the Civil Court for the State of
New York in Richmond County as an arbitrator
and has done over 400 cases in the small
claims court.
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He is also a graduate of my alma
mater, St. John's University, and a great
individual.
We commend gentlemen like Michael
and his family for being here today. And much
success to you, sir, and to your family.
Thank you.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: I just want to
join my good colleagues Senator Marty Golden
and Senator DeFrancisco in extolling the
qualifications of Mike Ajello.
Mike has practiced extensively in
Staten Island and in Brooklyn, but his
reputation goes far afield. He has run many
times for office, especially judicial office,
and has always been found exceptionally well
qualified in those races. Over and over again
in Mike's background we hear the words "pro
bono, pro bono, community activist, community
servant," someone who has acted many, many
years for the public good.
This is another example of the type
of nominations that our good Governor has made
to this body. And certainly Mike Ajello will
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continue to serve the public in this new
capacity as a jurist.
I also second the nomination, this
fine nomination of our Governor.
THE PRESIDENT: The question is
on the nomination of Michael V. -- Senator
Marchi, excuse me. You wish to be heard?
You have the floor.
SENATOR MARCHI: I would have
started crying if I didn't have an opportunity
to say all the good things that could be said
and should be said about Mike Ajello.
I've known him virtually all of my
life -- which, well, was only the last few
years as far as he's concerned, because he's
still a young man, relatively speaking.
But I didn't have the opportunity
of coming in, making sure that there wasn't
any interference with the selection of the
obvious. And he indeed answers that
requisite. And I'm delighted that my
colleague from Kings County gave a very
accurate report.
And of course, as neighbors and
friends of Mike Ajello all these years, I'm
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very happy to stand up and proclaim, Madam
President, that every inhabitant of the state
of New York lives north of Michael V. Ajello.
You're still in Tottenville; right?
More or less.
And that means the entire State of
New York rests on his shoulders. But they're
sturdy shoulders, who will do honor and render
great dignity to the office that he will be
assuming.
And I'm very delighted -- I was
temporarily parked with a little virus until
about a few hours ago, but I'm very proud to
be here and be able to proclaim my friendship,
my wholehearted and full support for this
wonderful candidate. And we certainly -- he
certainly goes with all our best wishes.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Yes, I rise
also to praise Michael Ajello.
He has been involved in two
boroughs, as we have learned. He currently is
a pro bono assistant district attorney in the
Kings County district attorney's office, and
he was and is still an arbiter for the Civil
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Court of the borough of Richmond in Staten
Island.
And this man not only crosses
political parties, he is a man who is strongly
committed to the values we are in terms of his
legal knowledge. And similar to a senator who
also represents Staten Island, he represented
Staten Island and Brooklyn in the past, and we
look upon him in Staten Island as someone who
will grace the bench as an acting Supreme
Court justice.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Then the question now is on the
nomination of Michael V. Ajello as a justice
of the Supreme Court of the Second Judicial
District.
All those in favor signify by
saying aye, please.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
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Congratulations, Justice Ajello,
and best wishes in your position.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a justice of
the Supreme Court of the Second Judicial
District, Joseph Fisch, of Larchmont.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise to
move the nomination of Joseph Fisch, who's
currently a Court of Claims judge and is soon
to be officially a Supreme Court judge of the
Second Judicial District.
Mr. Fisch, Judge Fisch appeared
before the Senate Judiciary Committee, was
found to be well qualified. And his resume is
replete with experience of the highest
caliber, include including a member of the
Judge Advocate's Court in the Army.
I happened to be in the Air Force,
and I learned more there than probably
anywhere with respect to trying cases.
I also note that he's served in two
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district attorney's offices and rose to the
highest position in each one of them. And his
public service is just too extensive to
announce on this floor today. But he was
found to be well qualified.
And to second the nomination, I
would ask Madam President to recognize Senator
Velella.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Thank you,
Madam President.
I too join in with Senator
DeFrancisco to second the nomination of Judge
Fisch. His experience is one of the highest
degree that we have seen come before us in
this Senate, from the Commission of
Investigations on through his service as an IG
and again, as mentioned, as assistant district
attorney.
Since 1990, he has served on the
Court of Claims, conducted over 292 trials,
almost 700 motions, and 97 written published
decisions. He is an outstanding jurist.
And I commend the Governor for
making this nomination, which will entitle the
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people of the State of New York to be able to
avail themselves of his services for many
years to come.
Good luck, Judge.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, I rise to join my good colleagues
in commending the Governor for this fine
appointment.
I've known Judge Fisch for some 25
years. And in all that time, he has comported
himself so splendidly that over and over again
he was chosen for positions of great
responsibility.
He served in the Queens district
attorney's office, as my colleague Senator
Velella indicated -- twice, being called back
to serve not only as executive assistant DA,
but to serve in many capacities, three of the
highest capacities in the Queens County
district attorney's office.
Again, he was called upon to
perform additional public service in the Kings
County district attorney's office.
Judge Fisch is a graduate of
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Stuyvesant High School. As a fellow alumnus,
I'm proud to say that I recognize him as such
and am proud to be associated with him.
If Madam President would listen to
some of the accolades that over the years have
been accorded him in his position as working
on behalf of so many religious organizations
and so many Jewish religious organizations, he
has been preeminent in this state in that
capacity, and reaching beyond the state,
serving on behalf of those organizations on a
pro bono basis.
I'm proud to also second that
nomination and praise the Governor for this
fine judicial nomination.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
although obviously Judge Fisch is not from my
area, I've known Joe Fisch for many, many
years, particularly in his time with the
Commission on Investigation, when we dealt
with a number of issues.
And he has been not only a good
criminal justice person, but an excellent
judge in the Court of Claims. And as my
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colleagues said, he was with the district
attorney's office.
I think he knows the law inside
out, and I think he will make a fine addition
to the Supreme Court. And I'm proud to second
his nomination also.
THE PRESIDENT: The question is
on the nomination of Joseph Fisch, of
Larchmont, as justice of the Supreme Court of
the Second Judicial District. All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations, Judge -- Justice
Fisch, Judge Fisch.
(Applause.)
THE PRESIDENT: Justice Fisch is
accompanied by his wife, Betty, and daughter,
Beth Fisch Cohen.
And Justice Ajello is still here --
we're glad about that -- and you're
accompanied by your daughter Nicole,
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sister-in-law Rose Varrone, and your friends
Angelo Pisano and Mary Ann Tropiano.
Have a great celebration.
Senator Skelos.
SENATOR SKELOS: Madam President,
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.
The Secretary will continue to
read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As a member of the Board of
Trustees of the City University of New York,
Rita DiMartino, of Staten Island.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: This is a
very -- another delightful -- two in a row
like that, almost. And to be able to play a
role in the placement of Rita DiMartino is a
matter of great personal satisfaction, pride,
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and affection.
So I'm very, very happy for all of
us. And I think she augurs well and has a
great deal to impart. And she has a
magnificent background -- consultant and
former vice president of the Congressional
Relations Committee for AT&T, presently a
member of the Foreign Relations Committee; a
series of groups -- Hispanic Council on
International Relations, Congressional
Hispanic Caucus, Association of Latino Elected
and Appointed Officials, and the list is
endless.
In 1982, President Ronald Reagan
appointed Rita DiMartino as ambassador to the
UNICEF Executive Board. And she serves with
great distinction, as she has with any public
responsibility that she has assumed.
In 1992, as I may have mentioned,
President George Bush appointed Rita DiMartino
to the USO World Board of Governors. And
today she's recognized by Who's Who in
America, 100 Hispanic Influentials in America
Today -- and I would guess that her name is
very up close to the top -- and Who's Who in
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American Politics.
Where they've had an opportunity to
identify her, Madam President, they have done
so with great zest and pleasure, as I do here
today in earning her confirmation.
All the best, Rita.
THE PRESIDENT: Senator LaValle,
first.
SENATOR LaVALLE: Thank you,
Madam President.
Rita DiMartino came before the
Higher Education Committee this morning and
was really well received, well received
because of the corporate background that she
brings, understanding of legislative
processes, and her cultural involvement and
involvement in the community.
And I think those skills will serve
her well and add to the CUNY board and I
believe will make a good contribution. So it
is a great pleasure to support her nomination.
THE PRESIDENT: Senator Golden.
SENATOR GOLDEN: Thank you, Madam
President.
I, like my colleagues, would rise
4208
for this nomination today for Rita DiMartino.
I'd seen her earlier in the coffee shop as she
was nervous, going over her papers and
shaking. And I looked at her and I said,
"Don't worry about it." I said, "You'll do
fine."
And you did do fine. Because you
come with great background, a great history,
and you've done so much for our community, for
our city and for our state, and so much for
the Hispanic population in this country.
We commend you for what you have
been able to do. And this is a great
nomination. We fought in CUNY to change the
standards and to raise those standards under
Rudy Giuliani, under Governor Pataki, and
under Benno Schmidt when we did that report.
And we continue today to raise
those standards and to invite more into our
universities and colleges around the state.
And you will help to make that a better
educational system than it has been in the
past, and you will raise those standards.
Thank you, and God bless you.
THE PRESIDENT: Senator Stavisky.
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SENATOR STAVISKY: Madam
President, I wish everybody here had a copy of
the -- this is a resume you could die for, I
must tell you. It is so filled with an
extensive background, both in the corporate
world, in the business world, in the financial
community, and in the international community.
First of all, what I consider to be
significant is the fact that she and her
daughter are both CUNY graduates.
We know about her background in the
corporate world with AT&T, as the
intergovernmental relations liaison. But she
has served on foreign missions for our
government, special missions to countries as
diverse as Azerbaijan, Alaska -- Alaska is not
a country, but to Alaska, to Israel, and Kenya
and all points in between. She currently
serves on the board for the Fulbright
scholarships.
But I found one other thing even
more important. When she and I met this
morning, I asked her about CUNY. And the two
words that she used, I think, describe CUNY
the best way I can describe it. She used the
4210
word "accessible," that CUNY should remain
accessible to our students, whether they be
native born or born elsewhere; and she used
the word "opportunity." CUNY provides a
unique opportunity for our young people and
for returning citizens from all over the city
of New York.
And I'm delighted that she has come
before us. I see great things ahead for CUNY,
and that's because we have a good CUNY Board
of Trustees. So I am delighted to recommend
her appointment.
Thank you.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Yes, I rise to
also second the nomination of Rita DiMartino.
And I want to commend the Mayor and
the Borough President of Staten Island for
giving us such an extraordinarily gifted
individual.
I mean, where do you find on a
C.V., on a resume, someone who's been involved
in top positions at AT&T, the Council on
Foreign Relations, UNICEF, and the U.N.
Children's Foundation, who has been actively
4211
involved in the local community, has been
actively involved in the national scene, and
who has been actively involved in the
international scene?
She's very, very closely identified
and proud of her activities in the Latino
community. And she is closely identified with
major cultural and educational endeavors
throughout the borough of Staten Island,
throughout the city of New York, through the
nation, and through the world.
As my colleagues have said, it is
not only a pleasure to vote for such a person,
but also I hope that this will be a benchmark
for other appointees to boards of trustees of
the State or of the City University of
New York.
Rita, if I may, I just want to say
something else relating to your new position.
This is not a cup of tea, it's not a bed of
roses. It's going to be a very, very
difficult assignment.
CUNY is, as you know, the third
largest public university in the nation and
the largest municipal public university in the
4212
nation. And it has had some difficult times
that have been alluded to previously.
Under the joint administration of
Chairman Benno Schmidt and Chancellor Matthew
Goldstein, most of these problems have been
resolved. But there are still some that need
to be resolved so that CUNY can in the future
reach the vision and the goals that we all
want for it.
And some of these are a
continuation of access, a tuition that is not
prohibitive, a ratio that puts full-time
faculty ahead of part-time faculty, and a need
and a concern for all young adults in the city
and the state and the nation.
This is not going to be an easy
assignment. But we have a great deal of faith
in this candidate that, with the
administration that now exists in CUNY, that
she will excel in this position as she has
excelled in other positions.
And may her nomination, as I said,
be a benchmark of quality and the excellence
for other nominees that we approve on the
floor of the New York State Senate.
4213
Thank you.
THE PRESIDENT: Senator Diaz.
SENATOR DIAZ: Thank you, Madam
President.
As I said this morning in the
Higher Education Committee -- I'm going to try
to repeat the same words that I said there
this morning -- I have been here for six
months. During those six months, in every
committee that I am a member of I have got an
opportunity to interview and to vote for
candidates for different positions.
Here on the Senate floor I also
have gotten the opportunity to vote for other
people. They give me a piece of paper with a
resume, and I read the resume and put my trust
in the resume and what the paper says, and I
have voted for people that I don't even know
just based on what the paper said.
But today, as a Puerto Rican, as a
member of the Hispanic community, I rise today
to say that the person that we are voting --
the person that the Mayor has appointed to be
a trustee of CUNY is a person that is a
heroine in the Hispanic community, a person
4214
that has done with her credentials, her work,
her dedication for our community, has made us
proud to have this lady as a member of the
Hispanic community.
Rita DiMartino is not another
person, she's one of the most outstanding, the
most distinguished members of the Hispanic
community and a member of the State of New
York. Rita DiMartino has put the Hispanic
community all over the world.
As a Hispanic member, as a Hispanic
Senator, I'm so proud, so proud of this lady,
so proud of the Mayor of New York for
appointing this lady, so proud to hear all my
fellow Senators here talk so well about Rita
DiMartino.
I congratulate Rita DiMartino. I
congratulate the Mayor of the City of New
York. And I am delighted to see that this
lady has been appointed to this position.
Thank you, Madam President.
THE PRESIDENT: The question is
now on the nomination -- Senator Velella, you
wish to be recognized?
SENATOR VELELLA: If I might,
4215
just before we vote, I too would like to add
my second to the nomination of Rita DiMartino.
Rita has been a friend of mine for
many, many years. And while she has made
many, many achievements in the corporate world
and has many, many honors from universities
throughout the state, actually -- she
certainly has made her input on the young
people of the Bronx -- her dedication to
community and her involvement in local issues
has always continued in spite of the great
achievements she's made in the corporate and
in the academic world.
She will be a very, very welcome
voice on the board at CUNY, and I move the
nomination.
THE PRESIDENT: The question,
then, is now on the nomination of Rita
DiMartino to the CUNY Board of Trustees. All
in favor please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
4216
(Applause.)
THE PRESIDENT: Rita, as your
friend and colleague, I want you to know what
an honor it is for me to be presiding as
you're nominated.
I think Rita has many outstanding
qualities, as have been enumerated this
afternoon. The quality to me that really does
single her out is her humility in the face of
so many wonderful virtues and qualities.
You're a wonderful asset to CUNY,
and thank you for your willingness to serve.
The Secretary will continue to
read.
THE SECRETARY: As State Deputy
Comptroller for the City of New York, Ken
Bleiwas, of Merrick.
THE PRESIDENT: Senator Johnson.
SENATOR JOHNSON: Please
recognize Senator Schneiderman.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
It is a pleasure to speak on the
4217
nomination of Ken Bleiwas. I would urge all
of my colleagues that you all are very
familiar with Mr. Bleiwas's work, although you
may not know it. He has worked on many, many
reports in his 20 years working on behalf of
all of us in the State Comptroller's office
and looked at virtually every critical issue
in the state, from public housing to education
to childcare services.
I got to see one of the most
extraordinary pieces of work that I've seen
from any state agency that I know he was
involved with and played a critical role in
and really took the lead on, and that was the
recent report by the State Comptroller's
office that exposed the fact that the
Metropolitan Transit Authority was keeping two
sets of books and has misrepresented its
finances.
Since that report was issued, two
New York State Supreme Court justices have
issued injunctions against the MTA based on
the revelations of misconduct contained in the
report.
I have dealt with Mr. Bleiwas, and
4218
I have to say that there are very few people
that have as acute an academic understanding
of the intricacies of financing of state
government and state authorities and yet also
combine that with the practical orientation,
the dedication to getting things done for the
public, as Ken Bleiwas.
I think we have all benefited
tremendously from his work. And not every one
of his reports has been as high-profile as his
examination of the MTA, which I think is going
to have a significant effect on the way public
authorities operate in the state for a long
time to come. But many, many of his reports
have had a tremendously beneficial effect.
We have very, very lucky to have
him here with us today. And I'm proud to rise
in support of his nomination.
Thank you.
THE PRESIDENT: The question is
on the nomination of Ken Bleiwas as State
Deputy Comptroller for the City of New York.
All in favor please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
4219
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations, Mr. Bleiwas, and
best wishes.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the Central New York State Park, Recreation
and Historic Preservation Commission, Edward
J. Audi, of Manilus.
As a member of the Genesee State
Park, Recreation and Historic Preservation
Commission, Carlton W. Seaburg, of LeRoy.
As a member of the Niagara Frontier
State Park, Recreation and Historic
Preservation Commission, Minot H. Ortolani, of
Williamsville.
As a member of the Advisory Council
on Agriculture, Daniel W. Sievert, of Burt.
As members of the Advisory Council
on Alcoholism and Substance Abuse Services,
Ron Bergstrom, of Jefferson; Robert J.
Doherty, of Delmar; and Herbert D. Kleber,
4220
M.D., of New York City.
As a member of the Continuing Care
Retirement Community Council, Robert G. Spann,
of South Setauket.
As a member of the State Fire
Prevention and Building Code Council, Joseph
F. Sauerwein, of Middle Island.
As a member of the Board of
Visitors of the New York State Home for
Veterans and their Dependents at St. Albans,
Marjorie Smith, of South Ozone Park.
As members of the Board of Visitors
of the State Home for Veterans and Their
Dependents at Batavia, R. Stephen Hawley, of
Batavia, and Mary Ann O'Coin, of Rochester.
And as members of the Board of
Visitors of the Finger Lakes Developmental
Disabilities Services Office, Quentin J.
Masolotte, of Dansville; Paul F. Swift, of
Pittsford; and Judy A. Tubiolo, of Pittsford.
THE PRESIDENT: The question is
on the nominations as read by the Secretary.
All in favor please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
4221
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
Senator Velella.
SENATOR VELELLA: Continue in
order, Madam President.
THE PRESIDENT: Reports of select
committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Madam President,
on behalf of Senator Maltese I wish to call up
Calendar Number 743, Assembly Print Number
781.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
743, by Member of the Assembly Grannis,
Assembly Print Number 781, an act to amend the
Education Law.
SENATOR McGEE: I now move to
reconsider the vote by which this Assembly
bill was submitted for Senator Maltese's bill,
4222
Senate Print Number 3274, on May 12, 2003.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
SENATOR McGEE: I now move that
Assembly Bill Number 781 be committed to the
Committee on Rules and that Senator Maltese's
Senate bill be restored to the order of Third
Reading Calendar.
THE PRESIDENT: So ordered.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received and adopted, Senator.
SENATOR McGEE: Thank you.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Madam President,
amendments are offered to the following Third
Reading Calendar bills:
Sponsored by Senator Seward, page
number 4, Calendar Number 54, Senate Print
574;
Sponsored by Senator Alesi, page
number 11, Calendar Number 330, Senate Print
4223
123;
Sponsored by Senator Spano, page
number 15, Calendar Number 431, Senate Print
Number 3129B;
Sponsored by Senator Mendez, page
number 23, Calendar Number 647, Senate Print
3367;
Sponsored by Senator Morahan, page
55, Calendar Number 1343, Senate Print 5489.
Madam President, I now move that
these bills retain their place on the order of
third reading.
THE PRESIDENT: The amendments
are received and adopted, and the bills will
retain their place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, I wish to call up,
on behalf of Senator Velella, Calendar Number
525, Assembly Print Number 8224B.
4224
THE PRESIDENT: The Secretary
will read.
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.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which the
Assembly bill was substituted for the Senate
bill, Senate Print Number 4380A, on June 10th.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
SENATOR MEIER: Madam President,
I now move that Assembly Bill Number 8224B be
recommitted to the Committee on Rules and that
Senator Velella's Senate bill be restored to
the order of third reading.
THE PRESIDENT: So ordered.
SENATOR MEIER: Thank you, Madam
President.
Madam President, on behalf of
Senator Velella, I wish to call up Calendar
Number 827, Assembly Print Number 7211A.
4225
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
827, by Member of the Assembly John, Assembly
Print Number 7211A, an act to amend the
Workers' Compensation Law.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this Assembly bill was substituted for Senator
Velella's bill, Senate Print Number 4208, on
June 2, 2003.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
SENATOR MEIER: Madam President,
I now move that Assembly Bill Number 7211A be
recommitted to the Committee on Rules and that
the Senate bill be restored to the order of
third reading.
THE PRESIDENT: So ordered.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
Senator Montgomery.
4226
SENATOR MONTGOMERY: Yes, thank
you, Madam President.
On behalf of Senator Oppenheimer, I
wish to call up her bill, Print Number 4034,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1172, by Senator Oppenheimer, Senate Print
4034, an act authorizing the City of
New Rochelle.
SENATOR MONTGOMERY: 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, 62.
SENATOR MONTGOMERY: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received and adopted, Senator.
SENATOR MONTGOMERY: Thank you.
4227
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, if we can adopt the Senate
Resolution Calendar, with the exception of
Resolution 2328.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 2328, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar, with the certain exception, is
thereby adopted.
Senator Velella.
SENATOR VELELLA: Madam
President, can we call up Resolution Number
2328 and have it read, have the title read.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 2328,
memorializing George E. Pataki to proclaim
October 9, 2003, as Quality After-School
4228
Program Day in the State of New York.
SENATOR VELELLA: Madam
President, may we adopt the resolution now.
THE PRESIDENT: All those in
favor of adopting the resolution please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Velella.
SENATOR VELELLA: Are there any
substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
The Secretary will read.
SENATOR VELELLA: Madam
President, if I might for a moment, Madam
President.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Resolution
2328, on behalf of the sponsor, if we can open
that up for anyone who wants to join in that
resolution, it will remain at the desk.
4229
THE PRESIDENT: Any member who
does not wish to be a sponsor of Resolution
2328 please notify the desk.
Senator Velella.
SENATOR VELELLA: And can we now
return to substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 5,
Senator Velella moves to discharge, from the
Committee on Rules, Assembly Bill Number 8018
and substitute it for the identical Senate
Bill Number 108, Third Reading Calendar 116.
On page 12, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7517 and substitute it
for the identical Senate Bill Number 281A,
Third Reading Calendar 336.
On page 15, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7232 and substitute it
for the identical Senate Bill Number 3564,
Third Reading Calendar 423.
On page 16, Senator Volker moves to
discharge, from the Committee on Rules,
4230
Assembly Bill Number 4341 and substitute it
for the identical Senate Bill Number 1938,
Third Reading Calendar 438.
On page 17, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 4812C and substitute it
for the identical Senate Bill Number 2225B,
Third Reading Calendar 485.
On page 17 Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8180 and substitute it
for the identical Senate Bill Number 3766,
Third Reading Calendar 496.
On page 21, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 6988A and
substitute it for the identical Senate Bill
Number 3522A, Third Reading Calendar 572.
On page 21, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 4078A and
substitute it for the identical Senate Bill
Number 4520A, Third Reading Calendar 574.
On page 26, Senator Robach moves to
discharge, from the Committee on Rules,
4231
Assembly Bill Number 5918 and substitute it
for the identical Senate Bill Number 4199,
Third Reading Calendar 709.
On page 28, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8028A and substitute it
for the identical Senate Bill Number 4833A,
Third Reading Calendar 776.
On page 30, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6921C and substitute it
for the identical Senate Bill Number 3294B,
Third Reading Calendar 808.
On page 34, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 3507A and
substitute it for the identical Senate Bill
Number 2833A, Third Reading Calendar 866.
On page 36, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8336C and substitute it
for the identical Senate Bill Number 4872C,
Third Reading Calendar 912.
On page 39, Senator Maziarz moves
to discharge, from the Committee on Rules,
4232
Assembly Bill Number 4436 and substitute it
for the identical Senate Bill Number 4412,
Third Reading Calendar 948.
On page 39, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5065 and substitute it
for the identical Senate Bill Number 1998,
Third Reading Calendar 952.
On page 41, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8139A and substitute it
for the identical Senate Bill Number 4421A,
Third Reading Calendar 996.
On page 43, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 1995A and substitute it
for the identical Senate Bill Number 1053A,
Third Reading Calendar 1040.
On page 45, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8624A and
substitute it for the identical Senate Bill
Number 4354B, Third Reading Calendar 1208.
On page 46, Senator Oppenheimer
moves to discharge, from the Committee on
4233
Rules, Assembly Bill Number 8714A and
substitute it for the identical Senate Bill
Number 4539A, Third Reading Calendar 1230.
On page 46, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8739 and substitute it
for the identical Senate Bill Number 5373,
Third Reading Calendar 1258.
On page 47, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8768 and substitute it
for the identical Senate Bill Number 5383,
Third Reading Calendar 1261.
On page 47, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8799 and substitute it
for the identical Senate Bill Number 5412,
Third Reading Calendar 1263.
On page 47, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6339 and substitute it
for the identical Senate Bill Number 348,
Third Reading Calendar 1267.
On page 47, Senator Nozzolio moves
to discharge, from the Committee on Rules,
4234
Assembly Bill Number 2902 and substitute it
for the identical Senate Bill Number 959,
Third Reading Calendar 1270.
On page 48, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5416A and substitute it
for the identical Senate Bill Number 2682A,
Third Reading Calendar 1279.
On page 48, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7090 and substitute it
for the identical Senate Bill Number 3130,
Third Reading Calendar 1280.
On page 49, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7973 and substitute it
for the identical Senate Bill Number 3937,
Third Reading Calendar 1284.
On page 49, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7320B and substitute it
for the identical Senate Bill Number 3946A,
Third Reading Calendar 1285.
On page 49, Senator Breslin moves
to discharge, from the Committee on Rules,
4235
Assembly Bill Number 8395 and substitute it
for the identical Senate Bill Number 4254,
Third Reading Calendar 1288.
On page 49, Senator Oppenheimer
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8376B and
substitute it for the identical Senate Bill
Number 4538B, Third Reading Calendar 1291.
On page 50, Senator Marcellino
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8307 and
substitute it for the identical Senate Bill
Number 4888, Third Reading Calendar 1297.
On page 50, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8398 and substitute it
for the identical Senate Bill Number 4974,
Third Reading Calendar 1302.
On page 51, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8356A and substitute it
for the identical Senate Bill Number 5110,
Third Reading Calendar 1305.
On page 51, Senator Lachman moves
to discharge, from the Committee on Rules,
4236
Assembly Bill Number 8463 and substitute it
for the identical Senate Bill Number 5001,
Third Reading Calendar 1308.
On page 51, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8090 and
substitute it for the identical Senate Bill
Number 5174, Third Reading Calendar 1313.
On page 52, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8671 and substitute it
for the identical Senate Bill Number 5314,
Third Reading Calendar 1320.
On page 52, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6463 and substitute it
for the identical Senate Bill Number 5330,
Third Reading Calendar 1322.
On page 53, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8341A and substitute it
for the identical Senate Bill Number 5368A,
Third Reading Calendar 1325.
On page 54, Senator Bonacic moves
to discharge, from the Committee on Rules,
4237
Assembly Bill Number 8314 and substitute it
for the identical Senate Bill Number 5448,
Third Reading Calendar 1336.
On page 54, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 497A and substitute it
for the identical Senate Bill Number 5487,
Third Reading Calendar 1342.
And on page 55, Senator Volker
moves to discharge, from the Committee on
Rules, Assembly Bill Number 3679 and
substitute it for the identical Senate Bill
Number 5499, Third Reading Calendar 1344.
THE PRESIDENT: Substitutions
ordered.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
A little bit earlier when we
adopted the Resolution Calendar, I had a
resolution 2353 there, which commemorates the
joining of the U.S. Marines by 319 New York
City people. It was the largest enlistment
group since World War II, and it was the
largest since; there's not been one that high.
4238
This August will mark the fiftieth
year of that occasion, when the city
celebrates its tercentennial. I want to open
that resolution to all my fellow members.
Those who would like to be on it, you know,
notify the desk.
THE PRESIDENT: Any member who
does not want to be a sponsor please notify
the desk.
Senator Morahan.
SENATOR MORAHAN: Madam
President, there's a privileged resolution by
Senator Robach. I'd like to have the title
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Robach, Joint Resolution to create an Ad Hoc
Special Committee of the Legislature to
conduct a public hearing.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
4239
THE PRESIDENT: The resolution is
adopted.
Senator Morahan.
SENATOR MORAHAN: Yes, there's a
privileged resolution at the desk by Senator
Lachman. I move that the title be read and
move the resolution for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Lachman, Legislative Resolution commemorating
the 100th birthday of the late Dr. Ralph
Johnson Bunche, a 1950 Nobel Peace Prize
winner for his work on the United Nations
Palestine Commission.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
4240
President, if we could return to reports of
standing committees.
I believe there's a report from the
Rules Committee at the desk.
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 401B, by Senator
Breslin, an act to authorize;
579B, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
1108, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
1389A, by Senator Leibell, an act
in relation to legalizing;
1528, by Senator Wright, an act to
amend the Real Property Tax Law;
1570A, by Senator Alesi, an act to
amend the New York City Civil Court Act;
2967, by Senator Hannon, an act to
amend Chapter 505 of the Laws of 1995;
2980A, by Senator Robach, an act to
4241
amend the Retirement and Social Security Law;
3066A, by Senator Robach, an act to
amend the Civil Service Law;
3206A, by Senator Little, an act to
amend the County Law;
3245A, by Senator Maziarz, an act
to amend the Real Property Tax Law;
3422A, by Senator Wright, an act in
relation to granting;
3574, by the Senate Committee on
Rules, an act to amend the Tax Law;
3836, by Senator Velella, an act to
amend the Civil Service Law;
3900, by Senator Robach, an act to
amend the General Municipal Law;
3921A, by Senator Velella, an act
authorizing;
3927, by Senator Flanagan, an act
to amend the Tax Law;
3949, by Senator Robach, an act to
amend the Civil Service Law;
3952, by Senator Trunzo, an act to
authorize;
4113A, by Senator Saland, an act to
amend the Banking Law;
4242
4187A, by Senator Golden, an act to
amend the Retirement and Social Security Law;
4497, by Senator Alesi, an act to
amend the General Business Law;
4500, by Senator Kuhl, an act to
amend the General Business Law;
4542B, by Senator Rath, an act to
amend the Social Services Law;
4714B, by Senator Golden, an act to
amend the Public Health Law;
4765, by Senator Maziarz, an act to
amend the Public Authorities Law;
4774A, by Senator Flanagan, an act
to amend the State Administrative Procedure
Act;
4816, by Senator Leibell, an act to
amend the Transportation Corporations Law;
4912, by Senator Kuhl, an act to
amend the Transportation Law;
4914, by Senator Kuhl, an act to
amend the Highway Law;
4923, by Senator Little, an act to
amend the Real Property Tax Law;
4924, by Senator Little, an act to
amend the Real Property Tax Law;
4243
4930, by Senator Volker, an act to
amend the Labor Law;
4962, by Senator Velella, an act to
amend the Retirement and Social Security Law;
5029, by Senator Velella, an act to
amend the Administrative Code of the City of
New York;
5030A, by Senator Velella, an act
to amend the Administrative Code of the City
of New York;
5055, by Senator Padavan, an act to
amend the Real Property Tax Law;
5061A, by Senator Saland, an act to
amend the Education Law;
5066, by Senator Maziarz, an act to
amend Chapter 433 of the Laws of 1997;
5140, by Senator Johnson, an act to
amend the Education Law;
5156A, by Senator Skelos, an act to
amend the Public Health Law;
5160, by Senator Hannon, an act to
amend Chapter 884 of the Laws of 1990;
5163A, by Senator LaValle, an act
to amend the State Finance Law;
5214, by Senator Padavan, an act to
4244
amend the Real Property Tax Law;
5216C, by Senator Golden, an act to
amend the Private Housing Finance Law;
5222A, by Senator Fuschillo, an act
to authorize;
5242, by Senator Rath, an act to
amend the Family Court Act;
And Senate Print 5348, by Senator
Duane, an act to amend Chapter 292 of the Laws
of 1904.
All bills ordered direct to third
reading.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, I move that we accept the reading
of the Rules report.
THE PRESIDENT: All those in
favor of accepting the Rules report please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
accepted.
SENATOR MORAHAN: Madam
4245
President, could we recognize Senator Lachman
at this time.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Yes, I rise,
Madam President, and I thank this body for
putting this resolution on today. I had been
told beforehand that it would not be on until
Thursday, so I will not be reading from notes.
This resolution is about one of the
greatest Americans in the 20th century. And
this is in honor of his centenary, his birth.
The man's name is Dr. Ralph J. Bunche.
Dr. Bunche rose to the highest
position that any American could at the United
Nations, as Undersecretary General for the
United Nations. Dr. Bunche grew up in the
time of segregation. Dr. Bunche received his
Ph.D. from Harvard. He taught African studies
as well as politics at Howard University -- he
was chairman of the department -- and served
President Franklin Roosevelt as the first head
of the African desk in the State Department.
The tragedy was that when
Dr. Bunche took his colleagues out to lunch,
Washington was a southern segregated city and
4246
he could only take his friends to Union
Station, which had been federalized by
President Roosevelt.
Ralph Bunche also participated in
one of the major academic studies of the 20th
century, An American Dilemma, by the Swedish
political scientist Gunnar Myrdal. He was one
of those who contributed to these studies, and
it's fitting that he did, because this study
revealed that racism was endemic in American
society against African-Americans.
Now, Ralph Bunche rose to the
highest positions in American life and the
highest positions in international affairs.
While President Clinton and President Carter
and President Bush have all been struggling to
bring peace in the Middle East, it was
Dr. Ralph J. Bunche, after the assassination
of Count Folke Bernadotte, who brought about
an armistice agreement between Israel, Egypt,
Syria, and Lebanon.
He was truly an extraordinary
individual. Lived in Kew Garden Hills. And I
want to thank my cosponsors, Senator Padavan;
Senator Ada Smith, who represented the area in
4247
which he lived; and Senator Liz Krueger,
because his greatness emanated not only from
the State Department, not only from the OSS,
but from the United Nations as well.
And I really think that a man of
this great ability and these great
accomplishments should be recognized not only
by this body but by all state legislatures in
the United States.
So, Madam President, it gives me
great privilege to present this resolution and
open it up to any Senator who wants to sign on
to it: one of the greatest Americans who
lived in the 20th century, Dr. Ralph J.
Bunche.
THE PRESIDENT: The resolution
was previously adopted.
Senator Morahan.
SENATOR MORAHAN: Madam
President, following the custom of the house,
all those who would like to be on the
resolution will be on the resolution. If they
don't care to be the resolution, they will
notify the desk.
Can we now return to the
4248
noncontroversial reading of the calendar.
THE PRESIDENT: Any member who
does not want to be a sponsor of the
resolution please notify the desk.
The Secretary will read.
THE SECRETARY: Calendar Number
156, by Senator Kuhl, Senate Print 1876, an
act to amend the Vehicle and Traffic Law, in
relation to appropriate reduced speeds.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
215, by Senator Skelos, Senate Print 553A, an
act to amend the Insurance Law, in relation to
policy coverage.
THE PRESIDENT: Read the last
section.
4249
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
255, by Member of the Assembly Bacalles,
Assembly Print Number 5093A, an act to amend
the Tax Law, in relation to 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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
358, by Senator Velella, Senate Print 3194, an
act to amend the Labor Law and the State
Finance Law, in relation to discriminatory
4250
business practices.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the 1st of April,
2005.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
393, by Senator Kuhl, Senate Print 837A, an
act to amend the County Law, in relation to
wireless communications service.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4251
420, by Senator Kuhl, Senate Print 3438, an
act to amend the Vehicle and Traffic Law, in
relation to replacement of deployed air bags.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
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.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
484, by Senator Wright, Senate Print 3800A, an
act to amend the Public Authorities Law, in
relation to landfill gas power generation
projects.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4252
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
527, by Senator McGee, Senate Print 2768A, an
act to amend the General City Law and others,
in relation to service of notice.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
662, by Senator DeFrancisco, Senate Print
3345A, an act to amend the Public Authorities
Law, in relation to creating.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
4253
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
679, by the Assembly Committee on Rules,
Assembly Print Number 8098A, an act to adjust
certain state aid paid.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
776, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8028A, an act to amend the Private Housing
Finance Law and the Public Housing Law.
SENATOR MONTGOMERY: Lay it
4254
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
780, by Senator Larkin, Senate Print 1374, an
act to amend the Insurance Law, in relation to
providing.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
795, by Senator Flanagan, Senate Print 4990B,
an act to amend the Navigation Law, in
relation to lowering the threshold.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4255
811, by Senator LaValle, Senate Print 4428A,
an act to amend the General Business Law, in
relation to establishing.
SENATOR CONNOR: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
815, by Senator Alesi, Senate Print 1141, an
act to amend the Public Health Law, in
relation to directing medical equipment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Section 1 of Chapter 618 of the Laws of 2002.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
866, substituted earlier today by Member of
the Assembly Magnarelli, Assembly Print Number
3507A, an act to amend the Executive Law, in
relation to prompt response.
4256
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
873, by Senator Trunzo, Senate Print 1369, an
act to amend the Public Authorities Law, in
relation 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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
935, by Senator Maziarz, Senate Print 4991A,
an act to amend the Parks, Recreation and
4257
Historic Preservation Law, in relation to
lowering the threshold.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
952, substituted earlier today by Member of
the Assembly Kolb, Assembly Print Number 5065,
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.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
4258
passed.
THE SECRETARY: Calendar Number
954, by Senator Nozzolio, Senate Print 2746A,
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
955, by Member of the Assembly Casale,
Assembly Print Number 7108, an act to amend
the Tax Law, in relation to sales and
compensating 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.)
4259
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1017, by Senator LaValle, Senate Print 3405B,
an act to amend the Education Law, in relation
to creating.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1018, by Member of the Assembly Destito,
Assembly Print Number 2317B, an act to amend
the Education Law and the Criminal Procedure
Law.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1021, by Senator Libous, Senate Print 2691, an
act to amend the Mental Hygiene Law, in
relation to the oversight and regulation of
electroconvulsive therapy.
4260
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1072, by Senator Maziarz, Senate Print 3702B,
an act to amend the Tax Law, in relation to
hotel and motel taxes in Orleans County.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1098, by Senator McGee, Senate Print 2891A, an
act to amend the Tax Law, in relation to
4261
authorizing the County of Cattaraugus.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1109, by Senator McGee, Senate Print 3350, 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.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1124, by the Senate Committee on Rules, Senate
4262
Print Number 5189, 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.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1129, by the Senate Committee on Rules, Senate
Print Number 5344A, an act to amend the Tax
Law, in relation to authorizing the County of
Delaware.
THE PRESIDENT: 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, 62.
THE PRESIDENT: The bill is
passed.
4263
THE SECRETARY: Calendar Number
1208, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8624A, an act to amend Chapter 233 of
the Laws of 2000.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1220, by Senator Flanagan, Senate Print 5182A,
an act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
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, 62.
4264
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1247, by Senator Johnson, Senate Print 5148,
an act to amend the Public Officers Law, in
relation to permitting.
THE PRESIDENT: Read the last
section.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1252, by Senator Golden --
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1258, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8739, an act authorizing certain
housing authorities.
SENATOR MONTGOMERY: Lay it
aside.
4265
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1261, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8768, an act to amend the Private
Housing Finance Law, in relation to affordable
housing.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1263, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8799, an act authorizing certain
housing authorities to transfer.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
4266
aside.
THE SECRETARY: Calendar Number
1265, by Senator Hoffmann, Senate Print 175,
an act to amend the Tax Law, in relation to
certain tax credits.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1267, substituted earlier today by Member of
the Assembly Glick, Assembly Print Number
6339, an act to amend the State Finance Law.
SENATOR MORAHAN: Lay it aside
for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1269, by Senator LaValle, Senate Print 756, an
act to amend the Environmental Conservation
4267
Law, in relation to adding national estuary
implementation projects.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1270, substituted earlier today by Member of
the Assembly Gunther, Assembly Print Number
2902, an act to amend the Criminal Procedure
Law, in relation to persons designated.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1271, by Senator Farley, Senate Print 979A, an
act to amend the Tax Law, in relation to the
requirement to file.
4268
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, 61. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1272, by Senator Volker, Senate Print 1064A,
an act to amend the Civil Practice Law and
Rules, in relation to requiring disclosure.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4269
1273, by Senator Spano, Senate Print 1390, an
act to amend the Vehicle and Traffic Law, in
relation to enacting the "Move Over Act."
THE PRESIDENT: 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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1274, by Senator Rath, Senate Print 1692A, an
act to amend the General Municipal Law, in
relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
4270
THE SECRETARY: Calendar Number
1275, by Senator Rath, Senate Print 2047, an
act to amend the Vehicle and Traffic Law, in
relation to suspension.
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, 61. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1276, by Senator Hannon, Senate Print 2639B,
an act to amend the Vehicle and Traffic Law,
in relation to creating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
4271
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1277, by Senator Golden, Senate Print 2669, an
act in relation to authorizing the City of
New York to sell real property.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1278, by Senator Marcellino, Senate Print
2670, an act to require the New York State and
Local Employees Retirement System.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
4272
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1279, substituted earlier today by Member of
the Assembly Tonko, Assembly Print Number
5416A, an act to amend the Long Term Care
Integration and Finance Act of 1997.
THE PRESIDENT: Read the last
section.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1280, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 7090, an act to amend the Tax Law, in
relation to sales and compensating use taxes.
THE PRESIDENT: Read the last
section.
4273
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1281, by Senator Spano, Senate Print 3225, an
act to amend the Local Finance Law, in
relation to bonds and notes of the City of
Yonkers.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1282, by Senator McGee, Senate Print 3320, an
act to amend the Election Law, in relation to
4274
the declination of designations.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1283, by Senator Farley, Senate Print 3465, an
act to amend the Retirement and Social
Security Law, in relation to service credit.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1284, substituted earlier today by the
4275
Assembly Committee on Rules, Assembly Print
Number 7973, an act to amend the Tax Law, in
relation to extending the period.
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, 62.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1285, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
7320B, an act granting retroactive membership.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4276
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1287, by Senator Seward, Senate Print 4137C,
an act to amend the Tax Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1288, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8395, an act to amend the Highway Law,
in relation to designating.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4277
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1289, by Senator DeFrancisco, Senate Print
4404, an act to amend the Civil Practice Law
and Rules, in relation to eliminating demands.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1290, by Senator Volker, Senate Print 4409, an
act to amend the Public Authorities Law, in
relation to creation.
ACTING PRESIDENT McGEE: There is
4278
a home-rule message at the desk.
SENATOR VOLKER: Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Lay that bill
aside until tomorrow, please. The Assembly
would like me to hold it. We're going to pass
both bills at the same time from the Assembly.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1291, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8376B, an act authorizing the County of
Westchester.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
4279
is passed.
THE SECRETARY: Calendar Number
1292, by Senator Balboni, Senate Print 4754,
an act to amend Chapter 340 of the Laws of
2001 amending the Judiciary Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect September 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1293, by Senator Leibell, Senate Print 4815,
an act to amend the New York State Urban
Development Corporation Act, in relation to
the power of the New York State Urban
Development Corporation.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4280
THE SECRETARY: Calendar Number
1296, by Senator Leibell, Senate Print 4887,
an act to amend the Waterfront Commission Act,
in relation to empowering the commission.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1297, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8307, an act to amend the Real Property
Tax Law, in relation to tax exemption.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1298, by Senator Kuhl, Senate Print 4915, an
4281
act to amend the Vehicle and Traffic Law, in
relation to knowingly operated uninsured motor
vehicles.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1299, by Senator Kuhl, Senate Print 4918, an
act to amend the Vehicle and Traffic Law, in
relation to sanctions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
4282
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1300, by Senator Leibell, Senate Print 4943,
an act to amend the Waterfront Commission Act,
in relation to empowering the Waterfront
Commission.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect upon the enactment into
law.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1302, substituted earlier today by the
4283
Assembly Committee on Rules, Assembly Print
Number 8398, an act to amend the General
Business Law and the Executive Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1304, by the Senate Committee on Rules, Senate
Print Number 5090A, an act to amend the
Education Law, in relation to extending.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4284
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1305, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8356A, an act to amend the Agriculture
and Markets Law, in relation to the inspection
and sale of seeds.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1306, by Senator Golden, Senate Print 5460, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law, in
relation to requiring the suspension.
SENATOR MONTGOMERY: Lay it
aside.
4285
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1307, by Senator Onorato, Senate Print 2452,
an act to amend the Labor Law, in relation to
requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect one year.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1308, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8463, an act to authorize Congregation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4286
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1309, by Senator Kuhl, Senate Print 5127, an
act to amend the Vehicle and Traffic Law, in
relation to violations.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1310, by Senator Johnson, Senate Print 5138,
an act to amend the State Finance Law, in
relation to authorizing.
ACTING PRESIDENT McGEE: Read the
4287
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1311, by Senator Volker, Senate Print 5145, an
act to amend the Criminal Procedure Law, in
relation to the procedure.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1312, by Senator Leibell, Senate Print 5165,
4288
an act to amend the Public Authorities Law and
the State Finance Law, in relation to
providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1313, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8090, an act to amend the Estates,
Powers and Trusts Law, in relation to
permitting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4289
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1314, by Senator Velella, Senate Print 5180,
an act to amend the Retirement and Social
Security Law, in relation to disability
benefits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1316, by Senator LaValle, Senate Print 5204,
an act to amend the Executive Law, in relation
to accreditation of police officers.
ACTING PRESIDENT McGEE: Read the
4290
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1317, by Senator Little, Senate Print 5217, an
act to authorize the creation of the Cossayuna
Lake Management District.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 19. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4291
1318, by Senator Rath, Senate Print 5249, an
act to amend the Family Court Act and the
Social Services Law, in relation to reports.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1319, by Senator Hannon, Senate Print 5303A,
an act to amend the New York Health Care
Reform Act of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4292
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1320, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8671, an act to amend the Vehicle and
Traffic Law, in relation to changing the
expiration.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
I just want to point out that we
keep extending the deadlines for when these
pilot programs have to make their reports, but
we never get their reports and there's no
4293
consequence for them. So I'm going to vote in
opposition to this as a protest, because --
ACTING PRESIDENT McGEE: Senator
Duane, you wish to be listed in the negative
on what bill?
SENATOR DUANE: 1320.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DUANE: Well, I'm
speaking on the bill, Madam President.
ACTING PRESIDENT McGEE: We're on
the noncontroversial right now.
SENATOR DUANE: No, no, I was
standing.
ACTING PRESIDENT McGEE: Well,
the bill has already been passed. It's my
understanding the bill has already been
passed. We will have to reconsider the vote
by which it passed.
SENATOR DUANE: Okay.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: In relation to
4294
Calendar Number 1320 --
(The Secretary called the roll.)
THE SECRETARY: -- ayes, 62.
ACTING PRESIDENT McGEE: The bill
is laid aside.
SENATOR DUANE: I don't want to
lay it aside.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1321, by Senator Trunzo, Senate Print 5323A,
an act to amend the Real Property Tax Law, in
relation to adjusted base proportions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1322, substituted earlier today by Member of
4295
the Assembly Magnarelli, Assembly Print Number
6463, an act to amend the Executive Law, in
relation to annual reporting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect August 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1324, by Senator Rath, Senate Print 5346B, an
act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
4296
the negative on Calendar Number 1324 are
Senators LaValle, Leibell, and Oppenheimer.
Ayes, 59. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1325, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8341A, an act to amend the
Environmental Conservation Law, in relation to
restricting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1327, by Senator Johnson, Senate Print 5381,
an act to amend the Environmental Conservation
Law, in relation to prohibiting.
4297
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1327 are
Senators LaValle, Leibell, and Oppenheimer.
Also Senator Stavisky. Ayes, 58. Nays, 4.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1328, by Senator LaValle, Senate Print 5386,
an act to amend the Education Law, in relation
to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4298
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1329, by Senator Morahan, Senate Print 5388,
an act to amend the Penal Law, in relation to
authorized dispositions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1330, by Senator Volker, Senate Print 5407, an
act to amend the Criminal Procedure Law, in
relation to admissibility of a witness's
sexual conduct.
ACTING PRESIDENT McGEE: Read the
last section.
4299
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
SENTATOR SABINI: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1331, by Senator Skelos, Senate Print 5416, an
act to amend Chapter 138 of the Laws of 1998,
amending the Navigation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1332, by Senator Maziarz, Senate Print 5417,
an act to amend Chapter 352 of the Laws of
1999, amending the Parks, Recreation and
4300
Historic Preservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1334, by Senator Golden, Senate Print 5425, an
act to amend the Penal Law, in relation to
endangering the welfare of a child.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
4301
is passed.
THE SECRETARY: Calendar Number
1335, by Senator Meier, Senate Print 5442, an
act to amend the Social Services Law, in
relation to receipt of nonrecurring lump-sum
income.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1336, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8314, an act to amend the Social
Services Law, in relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
4302
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1337, by Senator Bonacic, Senate Print 5449,
an act to authorize the Town of Saugerties to
discontinue.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1338, by Senator Robach, Senate Print 5461, an
act to amend the Alcoholic Beverage Control
Law, in relation to increasing.
4303
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1339, by the Senate Committee on Rules, Senate
Print Number 5467, an act to amend the
Administrative Code of the City of New York
and the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect June 30.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4304
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1341, by Senator Morahan, Senate Print 5480,
an act to amend Chapter 601 of the Laws of
1999 relating to authorizing.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1342, substituted earlier today by Member of
the Assembly Brodsky, Assembly Print Number
497A, an act to amend the Eminent Domain
Procedure Law, in relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
4305
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1344, substituted earlier today by Member of
the Assembly Weprin, Assembly Print Number
3679, an act to amend the Civil Practice Law
and Rules, in relation to the service of
subpoena.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
4306
Senator Duane.
SENATOR MONTGOMERY: Madam
President.
ACTING PRESIDENT McGEE: Senator
Duane has the floor.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1275, S2047.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like to be recorded in the
negative on Calendar 1334.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President, we inadvertently laid aside
Calendar 1267 for the day. I'd like it just
to be laid aside temporarily and taken in its
4307
regular order as we go to the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: So
ordered.
Senator Stavisky.
SENATOR STAVISKY: Madam
President, I would like to be recorded in the
negative on Calendar 1324, Senate 5346B.
ACTING PRESIDENT McGEE: Without
objection.
Senator Sabini.
SENATOR SABINI: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar Number 1275, Senate
2047.
ACTING PRESIDENT McGEE: Without
objection.
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. When we did the Resolution
Calendar before, I didn't have the opportunity
to open up for cosponsorship to anyone who
would like to my Resolution 2339 celebrating
the 150th anniversary of Central Park.
While it is in my district, I don't
4308
think there's any question that Central Park
is a treasure for every Senator of New York
State. So I would just like to open that up
for cosponsorship.
ACTING PRESIDENT McGEE: Anyone
not wishing to be on the resolution please
notify the desk.
Senator Morahan, that completes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: Madam
President, can we take up the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
420, by Senator Kuhl, Senate Print 3438, an
act to amend the Vehicle and Traffic Law, in
relation to replacement of deployed air bags.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested.
SENATOR KUHL: Thank you, Madam
President.
This bill would regulate the sale
of new and recyclable restraint systems,
4309
commonly known as air bags to most of us, and
the replacement of deployed air bags, and
would amend Chapter Law 161 of the Laws of
1996.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, if Senator Kuhl would yield --
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield?
SENATOR MONTGOMERY: -- for a
question.
SENATOR KUHL: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MONTGOMERY: Senator
Kuhl, I just wanted to know from you, it's my
understanding that there is no recognized
national testing body that could verify the
function of an air bag once it has been
deployed.
SENATOR KUHL: That's essentially
correct, Senator.
We passed a bill that requires
4310
national certification. The problem is that
there is no national certification. So at
this point, the only way that you can get a
replaceable air bag is to buy a brand-new one.
There are preowned bags that are
available for a much lower cost. And so what
this bill does would allow that type of
replacement, if the owner wishes to do that.
And I should say that the
replaceable air bag has to meet the same kinds
of standards, requirements, and criteria which
the new one would anyway, and has to be
certified by the replacer in fact that it is
in workable condition.
So what we're trying to do is to
create a secondhand market, if you would, to
people who don't feel that they can pay $800,
I think is the standard going cost for a new
air bag, whereas opposed to you can find a
salvaged one that is perfectly workable, meets
the criteria, and it would cost you a quarter
of the cost.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Madam
4311
President, if I may continue to -- may I
continue with Senator Kuhl?
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR MONTGOMERY: Senator
Kuhl, I understand that the Greater New York
Automobile Dealers Association has expressed
some concern, which I would just like to raise
with you. And that is the problem that the
bill may inadvertently create with stolen air
bags.
In other words, if this will
encourage auto theft, as they seem to suggest,
because people will now -- the air bags will
become much more desirable since it's
allowable for them to be recycled.
SENATOR KUHL: Senator, I guess I
would say to you that if I had a monopoly on
the market and all of a sudden there was a
piece of legislation that was offering another
alternative, I'd raise every potential issue
in objection to that proposal. And I view
4312
that as exactly what is happening coming from
the Greater New York Auto Dealers Association.
It's unfortunate that every other
aspect of an automobile you can have preowned
parts, replaceable parts put in, except right
now, because of the failure of a national
certification association, air bags are not on
that list.
SENATOR MONTGOMERY: All right.
Thank you, Senator.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Thank you,
Madam President.
On the bill.
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: I'm
certainly going to vote for the legislation.
I think it's certainly -- Senator Kuhl is
promoting a consumer-friendly legislation.
But I did want to just raise the
issue of the possibility that we may see an
increase in auto theft because people are now
looking to get the air bags and resell them.
4313
So -- but I'm still going to vote
yes on this legislation.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Diaz.
SENATOR DIAZ: Thank you, Madam
President.
My wife had a car accident. And
the car that she was driving, when we
purchased that car, it had no air bag. My
wife almost got killed because of no
inflatable air bag in that car.
And the people that sold the car to
us, they knew, they knew about it. They knew
about it. They took the air bag and sent it
to other people, and they sold the car to us.
And that's criminal. That's putting other
people's lives in your -- that's playing with
people's lives.
This is a magnificent, a beautiful
bill, and I congratulate Senator Kuhl for this
bill. Because this bill will tell those guys,
if you know that that car doesn't have an
inflatable air bag, tell the people who's
buying it or don't sell it.
4314
My wife was put through that
incident, and I -- I'm glad that we tried to
prevent other people from going through the
same situation. And this is a beautiful bill,
and I ask all my colleagues to support this
bill.
Thank you, Senator Kuhl, for this
beautiful bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator McGee recorded in the negative.
ACTING PRESIDENT McGEE: 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.
SENATOR SCHNEIDERMAN:
4315
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
very quickly, I understand why my colleagues
laid this bill aside, but let me explain it.
This bill passed -- a bill
identical to this passed last year which was
supported by the Transit Workers Union and
sponsored by Assemblyman Roger Green. And
that bill provided for a number of people who
were part of the Metropolitan Transit
Authority employees -- transit employee
authority, particularly the MTA, would be
covered by a potential increase -- now, I'll
tell you why I say potential increase -- in
the penalty on assault.
You should remember one thing, that
the Assembly has refused for years -- and it
was one of my projects through the '90s to get
the Assembly to increase the penalties for
assault, which the Assembly has refused to do.
In fact, the Governor himself has
come out and said that the penalties for
assault are clearly underscored, as I call it.
4316
They clearly are not strong enough. And that
is particularly in New York City, where
misdemeanors now are treated almost like
offenses or traffic violations in most of the
courts. And unless you actually get a felony,
most of the DAs virtually ignore them.
All this bill does is essentially
say that now, for a person who is a station
manager -- a station agent, I'm sorry, thank
you, would be treated the same as the rest of
the people who were put in last year.
What would be the penalties now?
Generally a misdemeanor, which would allow --
would say that you could be up to a year in
jail, or in certain cases an E felony, which
is one year to three years.
What this bill does is say that if
you assault one of these people now, instead
of being a misdemeanor or an E felony, it
would be a D felony. It's not as big a deal
as it sounds. So they could be subject to one
to seven years in jail instead of one to
three.
But unfortunately, most of the time
these assaults are treated as misdemeanors
4317
because of the difficulty in physical
injury -- in showing physical injury.
So essentially what this bill does
is say that if you assault one of these people
that are listed in this bill, and we add
station agents to it, then the sentence could
be higher, subject to a judge. And of course
what it would mean is how serious was the
actual assault.
It's the same principle. So it's
not really that big a deal. And it's easy to
say, well, we should be do this for everybody.
Except that realistically that's not going to
happen.
So what people are trying to do is
get added protection because they happen to
believe, as I do, in the concept of
deterrence. And it's been proved over the
years that deterrence does work.
So that's what this is about.
Assemblyman Green expects to pass this bill,
which will add essentially just this one group
to the issue of assaults on transit workers.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
4318
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
appreciate the explanation.
And I do want to -- I strongly
support this legislation. I'm particularly
pleased to hear that Senator Volker does
believe in the theory of deterrence -- and
we'll discuss that at some future date -- as
opposed to the theory of incapacitation, which
sometimes seems to motivate some legislation
here.
This bill, though, is about a very
simple issue, and that is that our mass
transit system is increasingly a place that we
have to focus on when we're talking about
security issues. We talk a lot about issues
of homeland security here. Our station agents
are the first line of defense for many, many
millions of people who rely on our mass
transportation system.
And I would urge that in the same
4319
vein that we're seeking to protect them and
focus on security issues, we also take the
steps necessary to see that we keep open all
of the token booths in the system in New York
City which are currently at risk. And I hope
it's not going to require legislative action
here.
But if it does, I certainly think
the security concerns that motivate this and
other legislation more than justify keeping
the eyes and ears of the station agents in the
system to protect all of our citizens from any
harm from enemies foreign or domestic.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Montgomery recorded in the
negative.
4320
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
776, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8028A, an act to amend the Private Housing
Finance Law and the Public Housing Law.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Bonacic, an explanation has been requested.
SENATOR BONACIC: Thank you,
Madam President.
This is a bill that passed the
Assembly yesterday, and it was a bill that was
introduced at the request of the Division of
Housing and Community Renewal. It provides
for a continued real estate tax exemption for
Mitchell-Lama projects whose existing
exemptions will expire.
If the property owner continues to
have the exemption, they will continue to
provide reduced rents and affordable housing.
4321
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield for a question.
SENATOR BONACIC: Yes. Yes, of
course.
ACTING PRESIDENT McGEE: Senator
Bonacic yields.
SENATOR LIZ KRUEGER: Senator, is
it your understanding that the reason we need
this law is in order to continue to protect
the limited stock of affordable housing we
have in New York City through the
Mitchell-Lama program?
SENATOR BONACIC: No. The reason
that we're doing this extension is to provide
an option for the owners of those buildings if
they want to do one of two things: if they
want to convert, raise the rents; or if we
allow them to have the tax exemptions,
hopefully they will make capital improvements,
continue to improve the asset at reduced rents
to the tenants in those units.
SENATOR LIZ KRUEGER: Madam
4322
President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I certainly support this bill. I
perhaps just don't quite agree with the
sponsor's explanation.
This is a bill that would allow
landlords to stay in the Mitchell-Lama program
beyond the 30-year mark if they choose and
continue to get tax exemptions and support if
keeping those units affordable for tenants.
I support this bill strongly
because it does something we desperately need
to do in my city, protect the existing stock
of affordable housing which is in such short
supply and is why the City of New York has
requested this legislation.
So I'm very pleased to support this
legislation. It's just a drop in the bucket
of what we ought to be doing for affordable
housing in my city.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
4323
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
780, by Senator Larkin, Senate Print 1374 --
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Larkin, an explanation has been requested.
SENATOR LARKIN: By who?
ACTING PRESIDENT McGEE: Senator
Krueger has asked.
SENATOR LARKIN: Thank you,
Senator Krueger.
Madam President, this is a bill
that many of us in this house have been
waiting for for about six or seven years.
We've had the small business community, NFIB,
we've had chambers of commerce and just
4324
individuals who didn't belong to any society
say: I'd love to provide health insurance to
my employees, but I don't want to buy the
whole package. I would like to provide my
employees with the basic essentials they need.
If they would like to buy something else, they
can add on to it.
Well, what we put into this bill
tacks into Health New York. It has the
support of NYSUT, it has the support of NFIB
and many other organizations who are looking
to see us reduce the number of uninsured
people that we have in the state of New York.
And that's exactly has this bill does.
It also says that we will reduce
the cost of that plan by at least 10 percent.
I'd vote for this if I were you.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield.
ACTING PRESIDENT McGEE: Senator
Larkin, do you yield?
4325
SENATOR LIZ KRUEGER: Thank you,
Senator.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: I
appreciate your recommendation that I should
vote for this. And certainly I want to vote
to expand health insurance for New Yorkers.
My concern is that in this bill it
goes further than we went with the Healthy
New York bill, in the sense that when we
established the previous coverage, it was for
employers who didn't carry coverage already.
And this bill could conceivably translate into
a company that currently provides a
broad-based healthcare insurance policy to end
that program for its employees and instead go
to a program that provides a much lesser
package of health insurance, perhaps a package
that doesn't cover prescription drugs or
chronic care services or mental health
services when in the past they did.
So my question is, how do we avoid
allowing people to use this bill to in fact
lower the standards of the health insurance
4326
provided rather than increase the universe of
people who can have healthcare coverage?
SENATOR LARKIN: We've been
tracking Healthy New York and all of the
others, and we're finding that a lot of
employers are dropping because they didn't
want the entire package. And the stop-loss
that we cite here in our bill prevents that,
from everybody jumping off the ranch and then
coming in to say, I'm only going to provide
this.
If you know, in the other bill that
we said, in Healthy New York they had that
one-year limitation in there. This will
ensure us in picking up. We say in New York
that there's probably 2 million uninsured
citizens of our state. It is estimated by
those who have calculated this for us that
this will help us because we will take a lot
of businesses -- and we've done a lot of
homework on this -- where the small businesses
never got into Healthy New York because they
were afraid of the size of the package and the
premium rises that would come.
We believe that this package, Liz,
4327
will take care of ensuring that we're going to
provide the best available at a real
reasonable cost. It's got the chambers'
support, it's got the Business Council, it's
got NFIB. You can rest assured that if those
people were thinking that we were making a
lateral transfer, they would not be supporting
us.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Larkin, will you continue to yield?
SENATOR LARKIN: One more.
ACTING PRESIDENT McGEE: The
Senator yields for one more question.
SENATOR LIZ KRUEGER: Thank you,
Senator. I think you've partially answered my
question, but again I just want to --
SENATOR LARKIN: Liz, excuse me,
I can't hear you.
SENATOR LIZ KRUEGER: I'm sorry.
You've partially answered my
4328
question. Again, my concern is -- we would
love to expand health insurance, I would love
to expand health insurance health insurance
for people in businesses who currently can't
afford to provide it.
But what in this bill prevents a
business that currently provides health
insurance to their employees from dropping
that larger package of broader coverage and
instead going to this lesser -- less complete
package of health insurance?
SENATOR LARKIN: Well, number
one, Senator, once you have the plan that
you're in, you have a commitment for it.
SENATOR LIZ KRUEGER: Twelve
months, maybe. Maybe a maximum of 12 months.
SENATOR LARKIN: But still,
there's no guarantee that you would have had
to -- you would have carried that insurance,
Senator.
You know -- and we were worried
about that. And all of the people who we
talked to around the state said we need
something that will enable us to continue the
workforce, provide the health, and then if
4329
somebody else wants to add something to their
package -- which they will be able to do with
this -- we will provide a well-rounded plan.
They didn't see a problem in it. I
don't see a problem in it. We had only one
company that, Senator, said anything about it,
was Empire Blue Shield and Blue Cross. The
others we talked to, they said they did not
believe it would create a problem.
As a matter of fact, they believed
that it would strengthen their place in the
market in providing coverage to all groups,
specifically small groups.
SENATOR LIZ KRUEGER: Thank you.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate Senator Larkin's
responses.
I will argue that while I will vote
for this bill, we are still walking down the
4330
wrong path to expand health insurance for
New Yorkers.
I'll support the bill because I
think it's so important that we broaden the
world of health insurance coverage for sole
proprietors and small companies and others who
can't currently actually get a health
insurance policy for themselves and for their
workers, and that is large numbers of people.
But I also fear that in piecing
together, the way this bill does, yet another
lesser health insurance plan for a
sub-sub-universe of workers that we move
ourselves further away from what really is the
answer for this state, which is a single-payer
universal healthcare policy.
And that when we talk about dumbing
down the standards in education and the
concern we should have about that, what we are
potentially doing with this kind of bill is
dumbing down the standards for health
insurance coverage.
So that while we here who work for
the Senate may be assured that we can get
prescription drug coverage and mental health
4331
services and long-term chronic care services
or health care even if we develop serious
chronic diseases, that we will be offering
health insurance for other New Yorkers, other
working New Yorkers that is just a minimal
package that does not really meet their
families' needs, and we will go home and say
"Now everyone has healthcare" when in fact
they won't have equal healthcare coverage,
they won't have equal access to doctors.
And I do fear that there are
businesses who will choose to decrease the
package of health insurance they offer their
employees, as opposed to expanding the
universe of people who offer health insurance,
which I believe is the intent of the bill --
which is why I'll support it, but with a
hesitation that when we look at this two years
from now, three years from now, we will
discover it did not have the intended
consequence we hoped.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
4332
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Spano.
SENATOR SPANO: Madam President,
I'd like to be recorded in the negative on
Calendar 1324, please.
ACTING PRESIDENT McGEE: Without
objection.
THE SECRETARY: Calendar Number
811, by Senator LaValle, Senate Print 4428A,
an act to amend the General Business Law, in
relation to establishing minimum distances.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LaVALLE: Yes, Madam
President. This bill is very similar to a
bill that we passed through both houses last
4333
year but was vetoed by the Governor. And we
had made some changes, which I'll discuss,
that were requested by the Governor's veto
message.
This bill attempts to protect
franchisee dealers selling gasoline from
company-owned stations.
As we know, there have been several
mergers of refiners, and today company-owned
stations play a greater role in the retailing
of motor fuel. When you look at the
agreements that companies have with
franchisees, they are very, very restrictive.
And so without some sort of protection from
the company-owned station, the franchisee
dealer could be put out of business very, very
easily.
This bill sets up mileage
limitations, depending whether it's a city,
where it would be 1 mile; in counties, most
counties, 2 miles; and in counties with a
population of 900,000 or more, it would be a
1.5 mile distance.
Now, the changes that we made are
in Section 2(a), (b), and (c) of the bill that
4334
allow for company-owned stations where there
is a divided highway, some sort of navigable
waterway, or in the case of an Indian tribe
within New York State.
It also provides for an arbitration
situation on any dispute between the parties.
And that's basically what this bill does.
Senator Connor, I know that you had
some questions. Those were the changes over
last year's bill.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Thank you, Madam
President. Will the sponsor yield for a
question?
SENATOR LaVALLE: Yes.
ACTING PRESIDENT McGEE: Senator
LaValle yields.
SENATOR CONNOR: Thank you, Madam
President.
One of the objections the Governor
raised in his veto message was that there was
potential liability for the company, the
refiner, even in situations where the station
owned by the company was beyond the mileage
4335
distance set forth in your bill.
Is that still the case, that
there's potential liability, albeit not a
presumption?
SENATOR LaVALLE: That was taken
out. There was a prime facie. And that does
not apply. It does not apply.
SENATOR CONNOR: But -- Madam
President, if the Senator would yield for a
further question.
SENATOR LaVALLE: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR CONNOR: Would it not be
true, though, that even if the location were
beyond the distances set forth in your bill,
that were there actual proof of a predatory
intent on the part of the company that there
would still be liability on the part of the
company?
SENATOR LaVALLE: Senator, I
believe we've addressed those concerns.
SENATOR CONNOR: Madam President,
if the Senator would yield for a further
question.
4336
SENATOR LaVALLE: Yes, I do.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR CONNOR: One of the other
objections the Governor set forth was
apparently a concern expressed in the
opposition registered to this bill by the
mayor of the City of New York and the borough
president of the Bronx, which focused on the
discouragement of investment by the companies
in new facilities, new stations in particular
parts of the city. And I'm sure in the case
of the president of the borough of the Bronx,
he was concerned about investment in the
Bronx.
Is there anything in the current
version of the bill that would address those
concerns?
SENATOR LaVALLE: Senator, it's
very interesting, because I had not nor -- I
asked my counsel while you were speaking if
there were any memos, you know, from the city,
from the borough of the Bronx. We have not
received any.
I think we're talking about
4337
something that we just don't know. It's kind
of hypothetical as to whether companies will
make investments in certain areas.
I mean, I don't believe that there
is anything in this bill that reaches a level
that a company would make a decision not to
make an investment in a particular area.
This bill really attempts -- and I
had said this last year -- to level the
playing field, to have a fair opportunity for
the small businessperson who's a franchisee to
really exist in the marketplace. Because the
company -- and today, with mergers, they can
really put a company, a franchisee dealer out.
They can just squeeze him right out of
business.
That's what this attempts to do. I
don't believe that it goes to the business
decision of a company not going into certain
areas.
SENATOR CONNOR: Thank you.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Connor, on the bill.
SENATOR CONNOR: Thank you, Madam
4338
President.
I was one of two members that voted
in the negative last year. And I'm still
going to vote against this. Because I believe
in fair competition. I think the sponsor
certainly intends to set up a scenario of fair
competition here. But I think under existing
law, a franchisee -- albeit I'm not suggesting
that vis-a-vis a big refining company the
franchisee is not on the short end of a very
disparate competitive position in terms of
negotiating.
But that said, I think under
existing antitrust laws, under existing
federal and state laws against predatory
pricing, against unfair business practices,
that the franchisee who became a victim of a
predatory move by the refiner, by his
franchiser, would have adequate legal remedies
under present law.
And I don't think -- and I think if
you read the Governor's memorandum -- and we
have to rely on the Governor, I guess, saying
that the mayor of the City of New York and the
borough president of the Bronx oppose this.
4339
And hello, city office, why doesn't
the Legislature get the memo? Why do we
communicate -- I guess it's one of those
things the mayor only communicates with the
Governor and the Governor only speaks with
God. Was it the Cabots? I don't know,
somebody's in there, in that saying.
But the fact of the matter is that
the concern that seems to have been expressed
there about discouraging investment, I do
worry about that. I think fair competition by
a refinery-owned retail establishment is -- if
it's fair, is not anything that the franchisee
should get any extraordinary protection from
the Legislature of the State of New York from.
And I think existing law ensures
that it can only be fair competition. I
think, were a refinery-owned facility to be
placed proximate to a franchisee and then for
the franchiser, the refinery, the company, to,
for example, short the franchisee on supply,
to give an unfair advantage to its own
facility or somehow or other not fairly
evaluate cost in the pricing of the
company-owned retail establishment and
4340
therefore force the franchisee to be
noncompetitive or at a competitive advantage
in pricing, would give the franchisee a cause
of action under existing law.
And I just hesitate to carve out
sacred ground, geographical ground and say,
oh, you have a franchisee there and you can't
compete within a mile or a mile and a half.
I can think of parts of certainly
the so-called outer boroughs, the heart of
New York City -- the Bronx, Queens,
Brooklyn -- where there are, frankly, service
stations that aren't in the best of shape,
that certainly aren't attractive. And to
discourage or forbid a company-owned facility
from locating nearby, from investing, from
improving a service station I think is an
unwise decision.
And if the only basis on which the
company-owned facility has a better chance to
compete is because they invested more money in
amenities, in rest rooms, in those sorts of
things, I don't think that's an unfair or
predatory practice vis-a-vis a franchisee.
So, Madam President, I'm sticking
4341
to my guns. I voted no last year, and I
intend to vote no this year.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
Let me just rise and compliment the
sponsor, Senator LaValle, on this bill.
And I've listened to Senator Connor
for two years on this. And I agree with your
argument, but in the real world, that's not
what's happening. And what's happening to
these independents is a corporate-owned
station is moving in down the block.
And I'll give you an example.
Where I live, last year in Merrick I spoke to
an independent Mobil operator, franchisee, who
I asked him, "Why is your gas 10 cents more
than the corporate-owned down the block?" He
says, "They sell it to me for more than they
sell it on the market here."
I asked him, "Why don't you have a
snack shop?" "They won't allow it. They came
in, put their own in there."
Why don't you have a service
4342
station repair? They won't allow it. But
down the block 250, 300 feet, they're selling
gas for cheaper, they're offering snacks to
customers who come in, they're offering
repairs and services to their cars.
So it put them at a competitive
disadvantage. But under the current laws, it
allowed them to come in, so thereby creating
that unfair market. That we thought that the
federal laws, as you just mentioned, and
current state laws, would apply, but these
guys are getting squeezed out and they're
getting choked, and they can't go through
years and years of litigation and to stay in
the current operation.
Senator LaValle's bill, I think,
corrects the inequities that currently exist
in New York State. So I compliment the
sponsor and will be voting yes on the bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Sabini.
SENATOR SABINI: Thank you, Madam
President. On the bill.
I want to compliment the sponsor as
4343
well. You know, I'm normally not big on
regulation of business from government. But
this is a case not of regulating any business
but, rather, setting an even playing field.
Small business owners that own
service stations get their customers to a
brand loyalty for the brand that they sell.
And then a decision at a corporate board room,
sometimes in other nations, or a change in
merger or acquisition of different oil
companies, leads to a station showing up down
the block from them, selling their own product
cheaper, without them having any recourse.
And over the years I've learned
that local independent service station owners
are often at the mercy of factors beyond their
control. And I compliment the sponsor, and I
intend to vote aye.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. Just on the bill.
With all due respect to the borough
president of the Bronx, there are sections of
the Bronx that don't agree with the borough
4344
president.
And I think that Senator Fuschillo
has made my argument very appropriately for
me. Because one of the concerns that happens
when you work with the small businesses, you
find that the very things that you would think
that the franchisees would be susceptible to
helping them with, they don't. Once they
become independents, they no longer want
anything to do with them.
And yes, their businesses are those
that look the most disheveled and need the
most support and help in our communities, and
that help is not forthcoming from the
franchisers.
So I think that this bill will go a
long way, and I congratulate the sponsor. And
I will continue to support this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak?
Senator Stavisky.
SENATOR STAVISKY: Very briefly,
I too want to compliment the sponsor.
I've had the same experience as
Senator Fuschillo, exactly the same, in Queens
4345
County.
And I think this is a very good
bill, and I'm delighted to support it.
ACTING PRESIDENT McGEE: Any
other Senator?
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I also compliment and congratulate
the sponsor, Senator LaValle.
I certainly have had this
experience over the years, and it's always
troubling when a small business owner is
actually run out of business by the
megapeople. And this kind of vertical
business practice I think is very destructive
as it relates to small business in particular.
So I'm in support of this
legislation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
4346
THE SECRETARY: Ayes, 60. Nays,
2. Senators Connor and Paterson recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1017, by Senator LaValle, Senate Print 3405B,
an act to amend the Education Law, in relation
to creating.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LaVALLE: Madam
President, this legislation is establishing a
new paradigm for the way we operate the
boards, the 41 boards that run the
professions, the licensed professions within
the State Education Department.
As this legislation was developed,
we were ever-mindful of the preeminent role
that the Board of Regents plays in so many
areas. Certainly here we're dealing with the
professions. And what this bill does is to
give to the Legislature appointments on the
4347
boards that run the professions.
This legislation also allows for
rule-making authority by these boards. Today,
under existing law, the boards have advisory
power, and the preeminent power is with the
Board of Regents in the establishment of rules
and regulations.
As exists today, each board has a
board secretary. The Board of Regents will
continue to appoint the board secretary. But
we in the Legislature, and the Governor, will
have appointment power.
Each board has different numbers of
members, and we don't change that. We don't
change the number of members of any one of the
41 boards. But if we look overall, just to
give you an idea, the Governor would have 76
appointments, the Majority Leader 76
appointments, the Speaker 76 appointments, the
Assembly Minority 38, and the Senate Minority
Leader 38 appointments.
As we are all aware, many of our
constituents come to us and ask us about
certain rule-making, rules that are made by
the Board of Regents that are done in
4348
cooperation with the boards in a particular
profession. And we might shrug and we say,
Well, look, you know, we don't have any
influence. The Board of Regents appoints
those members.
We might have some influence. Many
times on some of the boards, quite honestly,
there may be difficulty filling the board, and
you might get a call because you're on the
Education Committee or the Higher Ed Committee
or the Health Committee: Is there someone in
your community that would like to serve on
this board?
As you also know, each board has
public members. Here we change the term to
"consumer protection members." And the Board
of Regents would appoint those two public
members.
There are two very important
provisions in this bill vis-a-vis the
authority by the Board of Regents, and it's
twofold. If one board establishes a rule that
could affect another board, then that gets
bounced up to the Board of Regents so that
they would make that change, so that you do
4349
not have conflicts.
The last and most important thing
is that on line 12, on page 2, "The Board of
Regents may override, amend, or replace any
rules and regulation promulgated by an
independent state board for a profession by a
two-thirds vote of the entire membership of
the Board of Regents. The Board of Regents
shall develop rules and regulations for the
implementation of this paragraph."
So that we both -- and as a matter
of policy, and in all candor in terms of the
politics of how things are put together, we
were very mindful that we were not going to
take the Board of Regents out. But we're also
aware that we have reached a point in time
where our committee, the Higher Education
Committee, and same in the Assembly, are
dealing with scopes of practices, the greater
involvement of the professions and their
societies in trying to move that profession
forward.
Today, more than at any other time
in our history, professionals are involved and
understand what the regulations should be
4350
governing their professions. And so the new
paradigm is let us give the professions and
those professionals that live in our districts
the opportunity to make rules that govern
their profession.
If they exceed certain authority,
the Board of Regents is there to be involved.
And so I think that this legislation has
achieved that delicate balance that we need in
giving professionals greater authority but yet
having oversight by the Board of Regents and
the department.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, rather than ask the sponsor some
questions, the hour is getting late, and let
me respond with my objections to this
legislation.
ACTING PRESIDENT McGEE: Senator
Stavisky, on the bill.
SENATOR STAVISKY: On the bill.
First of all, the sponsor spoke
about the rule-making. But he hasn't told us
what's going to happen if there's a conflict
4351
between the -- let me put it this way. We're
asking for a conflict between the so-called
independent boards and the Regents. That is
one question.
The other question concerns that of
accountability. This legislation does not
give the state boards the accountability --
any more accountability than they currently
have under existing law.
And, lastly, I want to mention the
appointment process, appointment by the
Legislature. Earlier today we approved a
whole host of nominees, all with impeccable
political credentials. Hopefully that will
not be the case with these independent boards.
What we're looking for are to have
the professional societies recommend the best
they have to offer for service on the boards,
as is the case now. Hopefully their
appointments will be based upon qualification
and not political recommendation.
And in the situation we have now,
under current law, we do have a system of
checks and balances, which I think would be
lacking under the proposed legislation. And,
4352
Madam President, I intend to vote no.
Thank you.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Echoing
what Senator Stavisky said, I think what we're
seeing here is another far more genial and
elegant attack on the system of Regents than
we've seen in the past, but it is essentially
another attack on the system.
It's no secret here how the Regents
are elected. It's no secret that some of our
colleagues on the other side of the aisle do
not like to participate in that because of the
political process.
However, the Regents does provide
protection from politics in this particular
area. And as much as we all would love to
have more appointments to things and be able
to wheel and deal and give out appointments,
in the area of regulation of the professions I
4353
think that the citizens of this state are
better served by the current system where we
do have a level of protection, we have a
system in place for soliciting the input of
experts in the professions.
And I think that a system of all
these different independent boards answerable
to the Legislature, with limited checks and
balances from the Regents, could actually have
a more harmful effect even than just
politicizing things, because you could end up
with rule-making authority with independent
boards that could end up being in conflict
with others.
I think it's a more complicated
system, I think it's a more politicized
system, and I don't think that it is something
that we should be supporting.
I think that some of the sentiments
expressed by the sponsor are excellent, and I
think there are some areas in which we could
improve the present system, but I don't think
this legislation does it. I think it would
make it worse. And I intend to vote no.
Thank you, Madam President.
4354
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: I also rise and
echo my colleagues Senator Schneiderman and
Senator Stavisky.
I'm going to oppose this for two
reasons. And I regret I have to oppose it,
because I think that Senator LaValle, as he
sees it, is trying do the right thing.
I think that this bill diminishes
the power of the Board of Regents without in
any way increasing the power of the
professional organizations.
Furthermore, on the bill it says
"The profession of medicine licensed pursuant
to Article 131 of this title shall have an
independent state board to whom shall be
doctors of osteopathy," et cetera. "The
Governor, the Temporary President of the
Senate, and the Speaker of the Assembly shall
each have six appointments, and the Minority
Leaders of the Senate and the Assembly shall
each have three appointments."
What this does, basically, it
increases the stereotype that others have that
4355
there are three men in a room running the
State of New York. It does not increase the
power of the Minority in the Assembly or the
Minority in the Senate.
But primarily I will be voting
against the bill because there is no reason
for this bill, which diminishes the authority
of the State Board of Regents without major
benefit to both.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Just briefly
on the bill.
I couldn't agree with my colleague
from Long Island, Senator LaValle, more. This
bill would further the Board of Regents and
further the democracy of the Board of Regents.
Right now it reflects only one side of the
aisle with no input from the other side.
I'd be other very happy with the
current system if it reflected just my way of
thinking and only my way of thinking. And if
I had total control of the complete
appointments -- you talk about politics. When
only one side, when only one point of the view
4356
is reflected in the appointments, I'm very
happy if it's my point of view.
What we're trying to do is open the
door so there's more than one kind of point of
view. And if that leads to some debate and
some open discussion, so be it. It might be
refreshing in the Board of Regents to have
open debate and some free discussion.
So, Senator LaValle,
congratulations. And I fully intend to vote
for this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
Senator LaValle.
SENATOR LaVALLE: To explain my
vote.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect September 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
4357
LaValle.
SENATOR LaVALLE: Madam
President, I didn't want the record to go -- I
wanted to correct the record to make sure that
everyone was clear that I had mentioned in my
remarks that where there is a conflict between
the rule-making between boards, that it's
dealt with in this legislation and the
department and the Board of Regents would be
in the position to be involved in the
rule-making -- in rule-making.
Lastly, this keeps the Regents in
play. And to simply say that -- when we try
to create a new paradigm and the Regents are
involved, to say that we are trying to do
something bad to the Board of Regents, that
it's political, I think is not fair and is not
right.
I vote in the affirmative.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: To explain my
vote. I vote no.
However, Senator LaValle is
absolutely right. When there is a conflict,
4358
the Regents do resolve any conflict.
But I want to respond very briefly
to the question of appointments. With very
few exceptions, the people who serve on the
professional boards are local people. And
they are Republicans, they are Democrats, they
are not registered or not enrolled in any
party, it doesn't matter.
You take a look, Senator, and
you'll find that it's a broad cross-section of
professionals, period. They're not Democratic
professionals or Republican professionals,
they're just professionals.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1017 are
Senators Andrews, Breslin, Duane, Gonzalez,
Hassell-Thompson, L. Krueger, Lachman,
Montgomery, Onorato, Paterson, Sabini,
Sampson, Schneiderman, A. Smith, Stachowski,
and Stavisky. Also Senator Oppenheimer.
Ayes, 45. Nays, 17.
ACTING PRESIDENT McGEE: The bill
is passed.
4359
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
1018, by Member of the Assembly Destito,
Assembly Print Number 2317B, an act to amend
the Education Law and the Criminal Procedure
Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Meier, an explanation has been requested.
SENATOR MEIER: Thank you, Madam
President.
This bill authorizes the board of
trustees of a community college to designate
one or more of its campus security officers as
a peace officer.
ACTING PRESIDENT McGEE: Senator
4360
Krueger.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield.
ACTING PRESIDENT McGEE: Senator
Meier, will you yield to Senator Krueger?
SENATOR MEIER: Gladly.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator Meier.
As you may know, I've been
concerned about a series of peace officer
bills that have been coming through this
Senate throughout the year. And I had to rise
on this one because instead of doing it one
institution by another by another, now we're
doing 30 at a time.
In the memo it talks about the need
for this because of increasing incidents of
violent behavior on community college
campuses. The data for the state is that the
crime rate keeps going down. What is
happening upstate at colleges and hospitals
where everyone suddenly needs powers to do
warrantless searches, detentions, police
4361
arrests? And now, under this bill, we also
have the right, at a college president's
request, for them to carry guns.
I'm very concerned that we have
this massive need for expanded police
protection throughout upstate institutions.
SENATOR MEIER: Well, Madam
President, first of all, community colleges
have changed substantially in character. They
were once primarily just that, places where
people commuted just a few miles to go to
school. We now have people who've come from
far and wide, all over the state, to study in
our community colleges, and they are living
not with their families in the community,
they're living in residences right on campus.
Community colleges throughout the
state need the ability to provide a safe
atmosphere to those students residing and
studying on those campuses, and to do so
without calling upon, every single time
there's a problem, without calling upon the
resources of the local municipal police
department.
As you know, community college
4362
campuses don't pay taxes or fees to local
municipal police departments. And so this
permits the local community college security
force, acting as a peace officer, to provide
adequate protection on campus.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Meier, will you continue to yield?
SENATOR MEIER: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Is it my understanding that because
community colleges don't pay taxes, they can't
call the local police and expect that they'll
respond?
ACTING PRESIDENT McGEE: I don't
know what your understanding is, Senator, but
no, that's not what I said.
What I said was that they can of
4363
course call the local police department. And
in many cases that's what they have to do now,
because their security officers don't have
peace officer status.
But what I'm saying is this is both
something that's more immediate and
efficacious for the security officer as a
peace officer to be able to detain or to
effect an arrest, and it's also more equitable
to the local community for the community
college to have that resource available.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I want to thank the sponsor for
answering my questions.
And again, my issue is not alone
with this bill but with all of the peace
officer bills we keep passing. Again, it's a
ten-week class, maximum, for peace officers,
is my understanding in New York State. It's
specific in this bill. We're giving them the
power to do searches, do detentions, do
4364
arrests, carry guns, in this case at the
request of college presidents.
I'm very fond of college
presidents. I could name several of them I
believe to be close friends. My husband is a
college professor. They are not the people
who should make decisions about who carries
guns and arrests people in our society.
I am very, very concerned at this
continuing trend, of the perception that we
need secondary police forces throughout
institutions -- college campuses, hospitals --
who knows what next -- in the state of
New York, and that we keep giving people who
at one time played a security role, a
reasonable security role in institutional
settings, basically default powers to be their
own independent police forces. And this bill
would allow that at 30 additional sites
throughout the state of New York.
So I will vote no on this bill.
But again, I raise the issue we need to talk
about in a broad-based sense, what is the need
for security in our institutions, on our
college campuses, and why are we creating a
4365
secondary, second-class police system.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1247, by Senator Johnson, Senate Print 5148,
an act to amend the Public Officers Law, in
relation to permitting former state officers.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Yes, Madam
President.
This bill would permit any state
4366
agency to employ an individual who has
particular expertise which he gathered as a
former state employee, to provide advice,
services to any state agency which certifies
in writing to the State Ethics Commission that
such former officer or employee has expertise,
knowledge, or experience with respect to a
particular matter which meets the needs of the
agency and otherwise are unavailable at a
comparable cost.
And this may also require the
approval of the Comptroller, and he would have
to certify it also in many cases.
This is very similar to the
provision which permits the Attorney General
to employ people who were formally employed by
them for a particular matter.
It's a wonderful bill. We should
all support it.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
4367
SENATOR SCHNEIDERMAN: Given all
of the revelations that have come before us in
the last year relating to conflicts and people
exercising influence improperly behind the
scenes at agencies, and in particular at
public authorities, which has gotten a great
degree of attention, it seems to me that
rather than creating a loophole in the Public
Officers Law -- specifically, the revolving
door restrictions in the Public Officers
Law -- we should be seeking to strengthen the
restrictions on actions by former employees
relating to the agencies at which they serve.
To say that there's a crisis of
public confidence regarding the public
authorities and agencies of this state is
really to understate things. And you only
have to look at headlines in the newspapers
over the last week to see that this issue is
before the public, that this is a problem that
needs to be addressed.
And I really don't understand why,
given these circumstances, we are seeking to
actually dilute the existing bars, which
clearly are inadequate, given all of the
4368
revelations that have come forward. I
personally have dealt to a great extent with
allegations of influence peddling at several
state authorities.
And I think that this is an area in
which we should be taking action immediately.
I'm sorry that the Governor waited till the
very end of the legislative session to make
proposals to deal with this issue. I think if
he were more serious about it and we started
earlier in the session, we might be able to do
something.
I hope that we will address this
issue soon, but I hope that we will address it
in a way that moves in the opposite direction
of this bill -- not weaken the restrictions,
but rather strengthen them.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
4369
THE SECRETARY: Those recorded in
the negative on Calendar Number 1247 are
Senators Hassell-Thompson, Onorato, Paterson,
Schneiderman, and Stavisky. Ayes, 57. Nays,
5.
ACTING PRESIDENT McGEE: 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.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I rise first to congratulate
Senator Golden on this bill that he has put
forth in his attempts to limit the statute of
limitations on Class B violent felonies and to
extend the current limitation period for the
sexual conduct against children from the age
of 5.
In this bill it goes on to talk
about a great deal that is of great concern to
us here in the state of New York. Among the
4370
crimes that are eliminated from the state of
limitations, manslaughter in the first degree,
rape in the first degree, sodomy, aggravated
sexual abuse in the first degree, and so on.
And while I agree that Senator
Golden's bill is a step, a giant step in the
right direction, why shouldn't we eliminate
the statute of limitations for the course of
sexual conduct against a child in the second
degree as well? Should this crime against
children, and involving sexual contact, be
exempt because it's a Class D felony?
Likewise, rape in the first degree
will be eliminated from the statute of
limitations, but rape in the second degree
will not. Why can't we protect all children
under 18 from the horrors of rape and let them
know that the law is truly on their side?
In 2000 we passed and the Governor
signed the Sexual Assault Reform Act. This
law we thought sure at that time would give
protection to all children. But here we are
three years later and children still are in
need of being protected.
We need to act now. That is why I
4371
had introduced the Child Sexual Abuse Reform
Act of 2003, with key components that would
eliminate the statute of limitations for
prosecuting sexual offenses committed against
a child less than 18 years of age, eliminating
the statute of limitations for the offense of
hindering the prosecution of a sexual offense
against a child less than 18 years of age, and
providing for criminal liability for the
conduct of another after the commission of the
offense when a person conceals or hinders the
discovery or evidence of the offense, adding
two new penalties of endangering the welfare
of a child in the first and second degrees,
and adding members of the clergy and persons
volunteering at a religious institution to the
list of mandated reporters.
On May 29th, in my letter to the
editor of the Times-Union, I called for the
Legislature to -- and I will repeat here -- "I
look forward to working with my colleagues in
both houses, on both sides of the aisle, to
pass legislation during this session that will
protect all children, punish those individuals
who commit these crimes of sexual abuse, and
4372
hold criminally liable those who hinder its
prosecution."
I stand here today with you,
Senator Golden, willing to work with you on an
ongoing basis to improve a very good bill that
could be so much better. The elimination and
the protection of all children is what is
important to us in the state of New York.
And while I commend you on this and
also your bill that establishes the crime of
endangering a child in the first and second
degree, I am suggesting that my bill also
creates the crime of endangering the welfare
of a child in the first and second degree.
The main difference is in that my
bill, endangering the welfare of a child in
the first degree includes all children under
17 years of age when, Senator Golden, your
bill only includes children less than 13.
I call on you and this Legislature
to help me to protect all children in the
state of New York. And I am willing to work
with you to make this the best bill the state
has ever seen.
ACTING PRESIDENT McGEE: Senator
4373
Golden.
SENATOR GOLDEN: I just wanted to
contradict two statements that were made. And
one was that rape one does not have -- I want
to make sure that you know that rape one does
not have statute of limitations.
And I look forward to working with
both sides of the house in getting a bill that
is a good bill that can go forward. But we
need the assistance of the State Assembly to
be able to make this real legislation and real
laws.
I look forward to working with you
in the future to make a better bill. Right
now this is the best bill that we can put
forward. And I'm looking forward to getting
this bill passed and will negotiate with you
next year and work with you to pass a much
better bill.
Thank you, Senator.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4374
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1258, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8739, an act authorizing certain
housing authorities.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, if the sponsor
would yield for a question.
ACTING PRESIDENT McGEE: Senator
Meier, will you yield for some questions?
SENATOR MEIER: Certainly.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: This
pertains to two bills that are before us,
Calendar 1258 and Calendar 1263.
And the question is simply this.
In Calendar 1263, Senate 5412, there's a very
4375
explicit requirement relating to the
availability of some units of the housing to
be provided under this bill for low-income
tenants, Section 3, lines 25 to 32.
For some reason, in the bill before
us now, Calendar 1258, there is no such
requirement. There's a vague reference to a
finding by the commissioner that this housing
will provide safe and sanitary housing within
the financial reach of persons and families of
low income.
The question is, why do we have the
very specific provisions ensuring the
provision of low-income housing for tenants
with definitions as to their income in one
bill and not in the other bill?
SENATOR MEIER: Madam President,
it's good to know that someone reads my bills.
I'm beginning to wonder sometimes.
SENATOR SCHNEIDERMAN: Oh,
everyone reads them. We're just silently
admiring most of the time.
SENATOR MEIER: Undoubtedly so.
The reason for that is these are
entirely two different circumstances. The
4376
first bill involves the Municipal Housing
Authority of the City of Utica.
And if you look at that bill and
the supporting material behind it, this is
part of a much broader program of urban and
neighborhood revitalization within the city of
Utica, a community of some 60,000 people where
the municipal housing authority operates in
fact several projects and also has been
involved in other areas of urban
revitalization.
The plan with regard to the Goldbas
Apartments, which this authorizes lease or
sale of, is that that area, those units which
are severely deteriorated will be demolished
and removed, and the tenants will be placed in
newer housing.
Some of that, Senator, you may be
interested to know, will be housing which is
integrated into what amounts to an existing
neighborhood, thus taking them outside of the
so-called project kind of setting.
The second bill that you referred
to involves the village of Potsdam, some
140 miles north of the city of Utica in my
4377
district, and a much smaller community, about
10,000 people.
That project is the only public
housing project operated by that authority,
and so the transfer or lease is being done to
raise additional capital for rehab. And we
want to be able to protect the existing
low-income tenants there, which is why you see
an extensive set of protections.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, thank
you, Madam President.
I'd like to thank the sponsor for
his response and for his legislation and his
good work attempting to provide more
affordable housing in his part of the state.
And I certainly hope that we will
get support in our efforts to provide
affordable housing for the tenants in my part
of the state.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
4378
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1263, substituted earlier --
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
I ask unanimous consent to be recorded in the
negative on Calendar 1247, Senate Bill 5148.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SABINI: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1263, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8799, an act authorizing certain
housing authorities to transfer.
ACTING PRESIDENT McGEE: Read the
last section.
4379
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1267, substituted earlier today by Member of
the Assembly Glick, Assembly Print Number
6339, an act to amend the State Finance Law,
in relation to a qualified transportation
fringe benefit program.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4380
1269, by Senator LaValle, Senate Print 756, an
act to amend the Environmental Conservation
Law, in relation to adding national estuary
implementation projects.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LaVALLE: Just lay it
aside for a minute, please.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily, please.
THE SECRETARY: Calendar Number
1279, substituted earlier today by Member of
the Assembly Tonko, Assembly Print Number
5416A, an act to amend the Long Term Care
Integration and Finance Act of 1997.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR LIZ KRUEGER:
Explanation.
4381
ACTING PRESIDENT McGEE: Senator
Hannon, an explanation has been requested.
SENATOR HANNON: Who is it that
asked for an explanation?
ACTING PRESIDENT McGEE: I
believe Senator Krueger did.
SENATOR HANNON: Krueger.
SENATOR LIZ KRUEGER: Yes, thank
you.
SENATOR HANNON: I just couldn't
see you, Senator, through Senator Duane. He
may be big, but he's not invisible.
New York State conducts, from the
1997 long-term-care demonstration projects,
several managed-care, long-term-care programs.
Some of these programs predated the enactment
of the 1997 statute because they were begun
under the sponsorship of a demonstration with
the federal government called the PAICE
program, "PAICE" standing for Program of
All-Inclusive Care for the Elderly.
In '97 we took those four programs,
some other programs, and established the
possibility of up to 24 managed-care,
long-term-care programs to service the frail
4382
elderly and the adult disabled. And we
incorporated, within those 24, four PAICE
programs, which happened to be the ones that
are the subject of this extension, as well as
some what we call the Commonwealth programs,
which were the subject of a sponsorship from
the Commonwealth Fund.
Currently there are 14 managed
long-term-care programs operational in
New York, and as of November of 2002 there
were about 8500 enrollees, half of which are
right in your home borough, with the leading
program being sponsored by the Visiting Nurse
Service of New York.
We have held, as a joint hearing
with Senator Meier's Social Services, Senator
Maziarz, who had been the chair of Aging, and
Senator Golden, who is the current chair of
Aging, a roundtable in regard to the status of
these programs and what to do with them.
We believe that sometime in the
relatively near future we'll try to get away
from the demonstration status and go to a
permanentized status, but we're not there yet.
Questions of organization, of management, of
4383
rate setting, et cetera, all really need to be
finalized. There are a different number of
initiatives that are going on throughout the
state.
And so what we're doing in the
meantime, until we get to that state of making
this a uniform program, growing even more than
the 8500 we now have, is we want to make sure
that these four that are subject to this
statute particularly are continued. And we
envision that at some point in the future
we'll do what we want to be able to do.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: I want to
thank the Senator for his detailed
explanation, and he answered my questions in
his explanation.
Because my question is, if we've
been in a demonstration model since 1987, I
think it started, or 13 years, as I counted
from the first, what were we demonstrating or
not demonstrating? If it's successful, we
4384
should be expanding this. And if it's not
successful, we shouldn't keep extending it.
But I appreciate his response that
in fact there has been a review of this and
they think they're getting close, or we think
we're getting close to expanding on this.
So I will be voting for the bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we go back to Calendar 1269, by
Senator LaValle.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
4385
1269, by Senator LaValle, Senate Print 756 --
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested by
Senator Liz Krueger.
SENATOR LaVALLE: Yes, thank you
very much.
And I had an opportunity to chat
with Senator Krueger, who indicated her
concerns about this legislation.
This legislation would allow those
estuary programs, the national estuary
implementation projects that are delineated in
the legislation, to qualify for EPF funds,
Environmental Protection Fund monies.
Under the last bond act that we
had, there was a whole separate category for
the Taconic Estuary and South Shore Estuary
monies that were put into the bond issue.
This would allow, in the EPF, the estuaries to
also put in for grants, as we do for open
space, for farmland protection and others.
This really adds to the category,
says to the commissioner there are estuary
4386
projects that should qualify as some of the
other things of open space, farmland
protection. That's what this is.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect April 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1293, by Senator Leibell, Senate Print 4815,
an act to amend the New York State Urban
Development Corporation Act.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Leibell, Senator Krueger has requested an
explanation.
SENATOR LEIBELL: Yes, Madam
President.
This bill authorizes the New York
4387
State Urban Development Corporation to enter
into a variety of interest rate exchanges,
including fixed to floating rate swaps and
floating to fixed rate swaps.
The UDC had this authority to enter
into such exchanges previously, and used it
without incident. But such authority was
viewed as unnecessary, due to the expanding
market conditions, and was allowed to sunset
in July 2000.
Market conditions today have
dramatically changed since that time, and the
authority has once again asked for the UDC to
have this authority so that they can use it to
save money.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield.
ACTING PRESIDENT McGEE: Senator
Leibell, will you yield for Senator Krueger?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
To try to keep this brief, if I
4388
could just ask a number of questions in one
question, if that was all right.
My understanding is -- my concern
is that rate swaps can be risky. I mean,
Orange County actually lost a lot of money on
these kinds of arrangements years ago.
What assurance do we have that the
UDC has the financial management capacity to
handle this kind of financial arrangement
where there are greater risks involved than
the way they invest their money now? You can
win some, you can lose some, and it's a
volatile market.
How will they be reporting to the
Legislature or to the Comptroller's office on
this? Because my understanding is that they
may not have to report to us or the
Comptroller's office on these investments.
And, finally, I suppose just as a
concern, again, for me, that these are a risky
type of investment. When I was doing
homework, I learned the Comptroller's office
has decided not to use these kinds of rate
swap arrangements anymore because of his
concern about the volatility of the markets.
4389
And so I'm concerned that we are
allowing the UDC to go into a type of
investment that is considered perhaps
relatively high risk in today's market, and
how do we get assurance, since they're an
off-budget authority, that someone is taking a
look at all this and making sure that the
right decisions are being made?
SENATOR LEIBELL: Well, first,
historically, they have used -- as I noted in
my explanation, there has been a history of
using these, and there has not been a problem
in using them.
The advantages to using them are
now, with our particular interest rate
structure, they've become more attractive,
again, because of the market conditions.
My understanding is also that the
UDC does report and will make those reports
available to the Comptroller, to the
Legislature.
With respect to the risk involved,
there are guarantors involved in this. So I
can't say to you that there's anything in
finance that's risk-free, but I don't see that
4390
there's a -- there's nothing that we've had --
no historical reference, no indication that
these are a great risk.
SENATOR LIZ KRUEGER: Thank you.
Madam President, briefly on the
bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciated the sponsor's response.
I will vote no for this bill
because, frankly, I think we give our
off-budget authorities too much autonomy
already to make the decisions they make and to
report what they choose to or not choose to to
this Legislature.
And I am concerned that this is a
relatively high-risk approach to investment of
their or, in this case, the taxpayers' money.
So I appreciate the sponsor's
comments, but I'll vote no.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4391
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1297, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8307, an act to amend the Real Property
Tax Law, in relation to the tax exemption.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4392
1306, by Senator Golden, Senate Print 5460, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1320, by the Assembly Committee on Rules,
Assembly Print Number 8671, an act to amend
the Vehicle and Traffic Law, in relation to
changing the expiration.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
4393
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1330, by Senator Volker, Senate Print 5407, an
act to amend the Criminal Procedure Law, in
relation to admissibility.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
controversial reading of the calendar.
SENATOR MORAHAN: Thank you,
Madam President.
ACTING PRESIDENT McGEE: You're
welcome.
SENATOR MORAHAN: May we return
to reports of standing committees.
4394
I believe there's a committee
report from the Rules Committee.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3306A, by Senator
Paterson, an act to amend the Education Law;
5264A, by Senator Alesi, an act to
amend the Executive Law;
5290, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
5291A, by Senator Rath, an act to
amend the Family Court Act;
5297A, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
5306, by Senator Rath, an act to
amend the Surrogate's Court Procedure Act;
5341, by Senator Saland, an act to
amend the Environmental Conservation Law;
5350, by Senator Padavan, an act to
amend the Real Property Tax Law;
5389, by Senator Saland, an act to
amend the Penal Law;
4395
5391, by Senator Morahan, an act to
amend the Penal Law;
5414, by Senator Volker, an act to
amend the Criminal Procedure Law;
5415, by Senator Padavan, an act to
amend the Real Property Tax Law;
5421, by Senator Stachowski, an act
to amend Chapter 276 of the Laws of 1993;
5427, by the Senate Committee on
Rules, an act to amend the Tax Law;
5431, by the Senate Committee on
Rules, an act to amend the Domestic Relations
Law and others;
5433, by Senator Robach, an act to
amend the Civil Service Law;
5436A, by Senator Flanagan, an act
to amend the Executive Law;
5439, by Senator Balboni, an act to
amend Chapter 15 of the Laws of 1998;
5443, by Senator Nozzolio, an act
to amend the General Business Law;
5464, by Senator Robach, an act to
amend the Correction Law;
5465, by Senator Robach, an act to
amend the Local Finance Law;
4396
5470, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
5496, by Senator Wright, an act to
amend the General Business Law;
5507, by Senator Padavan, an act to
amend the Criminal Procedure Law;
5511, by Senator Hannon, an act to
authorize;
5512, by Senator Flanagan, an act
to amend the Real Property Law;
5513, by Senator Farley, an act to
amend the Banking Law;
5517, by Senator McGee, an act to
amend the Vehicle and Traffic Law;
5520, by Senator Marchi, an act in
relation to creating;
5521, by Senator Marchi, an act to
amend a chapter of the Laws of 2003;
5529, by Senator Balboni, an act to
amend Chapter 457 of the Laws of 2001;
5532, by Senator Saland, an act to
amend the Family Court Act;
5533, by Senator Little, an act to
amend the General Business Law;
4397
5535, by Senator McGee, an act to
legalize;
5543, by Senator Skelos, an act to
amend the Public Authorities Law;
5545A, by Senator Bruno, an act to
amend the Public Authorities Law;
5546, by Senator Saland, an act to
amend the Education Law;
5547, by Senator Leibell, an act to
amend the Public Authorities Law;
5548, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
5554, by Senator Skelos, an act to
amend the Criminal Procedure Law;
5559, by Senator Libous, an act to
amend the Public Authorities Law;
5560, by Senator Libous, an act to
amend Chapter 373 of the Laws of 1998;
5564, by Senator Skelos, an act to
amend Chapter 549 of the Laws of 2000;
5566, by the Senate Committee on
Rules, an act to amend the Education Law;
5567, by the Senate Committee on
Rules, an act to amend the Penal Law;
And Senate Print 5652, by the
4398
Senate Committee on Rules, an act to amend
Chapter 576 of the Laws of 1974.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, I move
that we accept the report of the Rules
Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of the Rules
Committee. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Brown.
SENATOR BROWN: Thank you, Madam
President.
I request unanimous consent to be
recorded in the negative on Calendar 1017.
ACTING PRESIDENT McGEE: Without
4399
objection.
SENATOR BROWN: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, I wonder
if we could take up Calendar 1441.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar 1441, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9073 and substitute it
for the identical Senate Bill Number 5652,
Third Reading Calendar 1441.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1441, by the Assembly Committee on Rules,
Assembly Print Number 9073, an act to amend
Chapter 576 of the Laws of 1974.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
4400
SENATOR MORAHAN: Move to accept
the message of necessity, Madam President.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Senator Krueger.
SENATOR LIZ KRUEGER: Yes, Madam
President. There's an amendment at the desk
to this bill. I move to waive its reading and
ask to be heard on the amendment.
ACTING PRESIDENT McGEE: You may
be heard on the amendment.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
Well, we have a feeling of deja vu.
We were here yesterday, we had another one-day
extender on rent regulation. But I fear we're
going backwards, because now we hear that
members of this house, the Senate, are
4401
proposing reduction in the maximum cap for
people in rent regulated housing. We hear
that there are proposals to try to deregulate
apartments if a landlord is charging less than
the legal maximum.
People are calling my district
office, I'm sure they're calling other
people's district offices, in panic about the
future of rent regulation. And yet today we
face one more one-day extender, when the
consequences of our not moving forward and
acting proactively to reverse some of the most
harmful decisions of the 1997 rent regulation
law and replace those harmful decisions with
proposals that would improve tenant
protections, which would assure a future for
affordable housing for the people of the city
of New York and other sections of the state
that are protected by rent regulation -- today
in this house I happily voted for a bill that
extended the protections for Mitchell-Lama
tenants in a specific situation if the
landlord chooses to participate. This is
exactly the kind of bill we should be passing,
not one-day extensions where the clock ticks.
4402
Nonetheless, my amendment is as it
was yesterday, for this house to pass a
same-as bill with the Assembly bill, Senator
Padavan's Senate Bill 2954, which as I
discussed yesterday, and will repeat, would
renew the existence of rent regulation that
have expired other than these one-day
extenders, that would repeal vacancy decontrol
provisions, that would amend and assure rent
stabilization coverage for Mitchell-Lama
rental buildings and project-based Section 8
buildings whose landlords take them out of the
state and federal subsidy programs, and would
plug owner-use eviction loopholes.
I believe that my colleagues here
on the floor of the Senate should share my
outrage that a bill that we knew that was set
to expire on June 15, 2003, since the day this
house voted for the bill in 1997, are sitting
here pretending that we don't have a serious
housing crisis and a clock or a dagger,
perhaps I should say, hanging over tenants
throughout New York City.
So I urge my colleagues to vote
with me for this amendment. I urge my
4403
Republican colleagues who are sponsors of
Senator Padavan's bill to join us in voting
for a bill they support themselves through
this amendment. Because they know, as we
know, that for close to 2 million people in
the state of New York they wait with bated
breath about the future of their ability to
stay in their homes.
Thank you, Madam President.
ACTING PRESIDENT McGEE: All
those Senators in favor of the amendment
please signify by raising their hands.
THE SECRETARY: Those recorded in
agreement are Senator Andrews, Brown,
Gonzalez, Hassell-Thompson, L. Krueger,
Lachman, Montgomery, Onorato, Oppenheimer,
Paterson, Sampson, Schneiderman, A. Smith,
M. Smith, and Stavisky.
ACTING PRESIDENT McGEE: The
amendment is lost.
Senator Andrews.
SENATOR ANDREWS: Madam
President, I would like to request unanimous
consent to be recorded in the negative on
Calendar 1247.
4404
ACTING PRESIDENT McGEE: Without
objection.
Senator Krueger.
SENATOR LIZ KRUEGER: Madam
President, I believe there is another
amendment at the desk for Calendar 1345. And
I would like to waive reading and be heard on
the amendment.
ACTING PRESIDENT McGEE: The
reading is waived. You can be heard on the
amendment.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
Well, again, our amendment failed.
We leave 2 million New Yorkers unknowing about
the future of their housing.
One thing has changed since
yesterday. We have a growing call throughout
the state, and certainly from city elected
officials, that Albany should not be deciding
the future of housing in New York City. It's
a New York City local housing policy issue.
It should not be decided by Albany. And
apparently we can all agree it's not capable,
we're not capable in Albany of deciding this
4405
timely and appropriately.
So my second amendment is a bill
identical to Senator Frank Padavan -- he and I
apparently see eye to eye on housing policy --
this amendment is a parallel to his Senate
3123, which would repeal the Urstadt Law and
give decision-making over New York City's rent
regulation, rent stabilization, and rent
control rules back to city elected officials.
Every day in this house we pass
local laws with home-rule messages where we
agree that local decisions should be made at
the local level by the elected officials who
must be accountable to the people whose lives
they are impacting. This is a perfect
example.
Albany, with all due respect,
should not be making the decisions over the
future of tenants' lives in New York City.
The elected officials from the city of New
York, the Mayor and the City Council, should
be making these decisions. Mayor Bloomberg
was quoted throughout the newspapers today
saying this should be city policy. The City
Council of New York has already sent us a
4406
resolution calling for repeal of the Urstadt
Law. It's exactly what we should be doing
here today or immediately in the future.
So again, I ask all of my
colleagues here in the Senate, whether you
come from New York City or upstate New York or
Long Island and recognize the importance of
local control over local policy issues, to
join us in voting for this amendment.
Thank you, Madam President.
ACTING PRESIDENT McGEE: All the
Senators in favor of the amendment please
signify by raising their hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Brown,
Gonzalez, Hassell-Thompson, L. Krueger,
Lachman, Montgomery, Onorato, Oppenheimer,
Paterson, Sampson, Schneiderman, A. Smith,
M. Smith, Stachowski, and Stavisky.
ACTING PRESIDENT McGEE: The
amendment is lost.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I was in Rules prior, and I would
4407
like to be recorded in the negative, with
unanimous consent, on Calendar 1247.
ACTING PRESIDENT McGEE: Senator
Krueger, we are still on the bill.
SENATOR LIZ KRUEGER: I'm so
sorry, Madam President.
ACTING PRESIDENT McGEE: We will
recognize you after the roll.
SENATOR LIZ KRUEGER: Thank you .
ACTING PRESIDENT McGEE: Thank
you so much.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
And I apologize, Senator Morahan, I
got confused with the schedule here.
Again, unanimous consent is
4408
requested to be recorded in the negative on
1247, S5148.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendars 1247
and 1306.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. I'd like to be recorded in the
negative on Calendar 1324.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: I think we'll
stand at ease for a few minutes.
ACTING PRESIDENT McGEE: The
house will stand at ease.
SENATOR MORAHAN: Is there any
4409
housekeeping at the desk?
ACTING PRESIDENT McGEE: The
house is clean, Senator Morahan.
SENATOR MORAHAN: The house is
clean?
ACTING PRESIDENT McGEE: The
house is clean.
SENATOR MORAHAN: Thank you,
Madam President.
Madam President, there being no
further business to conduct at this time, I
move that the Senate stand adjourned until
Wednesday, June 18th, 12:00 noon.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Wednesday, June 18th, at 12:00 noon.
(Whereupon, at 6:34 p.m., the
Senate adjourned.)