Regular Session - June 18, 2003
4410
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 18, 2003
12:07 p.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
4411
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to rise and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 17, the Senate met pursuant to
adjournment. The Journal of Monday, June 16,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
4412
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Johnson, on
page number 43 I offer the following
amendments to Calendar Number 1295, Senate
Print Number 4883A, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions to be made at this
time?
ACTING PRESIDENT McGEE: Yes,
there are.
The Secretary will read.
THE SECRETARY: On page 4,
4413
Senator Seward moves to discharge, from the
Committee on Rules, Assembly Bill Number 2263A
and substitute it for the identical Senate
Bill Number 574A, Third Reading Calendar 54.
On page 11, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 2438A and
substitute it for the identical Senate Bill
Number 2285A, Third Reading Calendar 312.
On page 17, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6678 and substitute it
for the identical Senate Bill Number 2807,
Third Reading Calendar 504.
On page 33, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5418A and substitute it
for the identical Senate Bill Number 2476A,
Third Reading Calendar 880.
On page 37, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6896 and substitute it
for the identical Senate Bill Number 2668,
Third Reading Calendar 953.
On page 42, Senator Skelos moves to
4414
discharge, from the Committee on Rules,
Assembly Bill Number 8707A and substitute it
for the identical Senate Bill Number 5310A,
Third Reading Calendar 1225.
On page 43, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7919 and substitute it
for the identical Senate Bill Number 4124,
Third Reading Calendar 1286.
On page 44, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 4196B and substitute it
for the identical Senate Bill Number 1389A,
Third Reading Calendar 1348.
On page 45, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8797A and substitute it
for the identical Senate Bill Number 2967,
Third Reading Calendar 1351.
On page 45, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3090 and substitute it
for the identical Senate Bill Number 3066A,
Third Reading Calendar 1353.
On page 45, Senator Maziarz moves
4415
to discharge, from the Committee on Rules,
Assembly Bill Number 7148A and substitute it
for the identical Senate Bill Number 3245A,
Third Reading Calendar 1355.
On page 46, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7398A and substitute it
for the identical Senate Bill Number 3921A,
Third Reading Calendar 1361.
On page 46, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5887 and substitute it
for the identical Senate Bill Number 3949,
Third Reading Calendar 1363.
On page 47, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8590A and substitute it
for the identical Senate Bill Number 4714B,
Third Reading Calendar 1370.
On page 47, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7351 and substitute it
for the identical Senate Bill Number 4765,
Third Reading Calendar 1371.
On page 47, Senator Flanagan moves
4416
to discharge, from the Committee on Rules,
Assembly Bill Number 8477A and substitute it
for the identical Senate Bill Number 4774A,
Third Reading Calendar 1372.
On page 47, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7504 and substitute it
for the identical Senate Bill Number 4923,
Third Reading Calendar 1376.
On page 49, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8637 and substitute it
for the identical Senate Bill Number 5066,
Third Reading Calendar 1384.
On page 50, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8514 and substitute it
for the identical Senate Bill Number 5160,
Third Reading Calendar 1387.
On page 50, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8572A and substitute it
for the identical Senate Bill Number 5163A,
Third Reading Calendar 1388.
On page 50, Senator Golden moves to
4417
discharge, from the Committee on Rules,
Assembly Bill Number 8609C and substitute it
for the identical Senate Bill Number 5216C,
Third Reading Calendar 1390.
On page 50, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7231 and substitute it
for the identical Senate Bill Number 5242,
Third Reading Calendar 1392.
On page 50, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 689B and substitute it
for the identical Senate Bill Number 401B,
Third Reading Calendar 1394.
On page 51, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8497 and substitute it
for the identical Senate Bill Number 5290,
Third Reading Calendar 1396.
On page 51, Senator Rath moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 8088 and substitute it
for the identical Senate Bill Number 5306,
Third Reading Calendar 1399.
On page 52, Senator Robach moves to
4418
discharge, from the Committee on Rules,
Assembly Bill Number 8141 and substitute it
for the identical Senate Bill Number 5433,
Third Reading Calendar 1409.
And on page 53, Senator Wright
moves to discharge, from the Committee on
Consumer Protection, Assembly Bill Number 2525
and substitute it for the identical Senate
Bill Number 5496, Third Reading Calendar 1416.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
3, by Senator Padavan, Senate Print 37, an act
to amend the Penal Law, in relation to making
citizenship document fraud.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
4419
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
123, by Senator Padavan, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
130, by Senator Seward, Senate Print 2037A, an
act to amend the Insurance Law, in relation to
life insurance contracts.
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.)
4420
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
141, by Senator Volker, Senate Print 1388A, an
act to amend the County Law, in relation --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
193, by Senator Nozzolio, Senate Print 438A,
an act to amend the Correction Law, in
relation to requiring.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
316, by Senator Larkin, Senate Print 1966, an
act to amend the Environmental Conservation
Law, in relation to solid waste management
facilities.
ACTING PRESIDENT McGEE: Read the
last section.
4421
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
328, by Senator LaValle, Senate Print 3165C,
an act to amend the Retirement and Social
Security Law, in relation to twenty-year
retirement.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4422
335, by Senator LaValle, Senate Print 211A --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
355, by Senator Rath, Senate Print 1680, an
act to amend the General Business Law, in
relation to regulation.
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, 41. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
438, by Member of the Assembly Schimminger,
Assembly Print Number 4341, an act to amend
the Local Finance Law, in relation to the sale
of bonds and notes.
4423
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, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
449, by Senator Volker --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
470, by Senator Volker, Senate Print 843, an
act to amend the Local Finance Law, in
relation to the sale of municipal obligations.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
4424
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
539, by Senator Maltese, Senate Print 1182, an
act to amend the Retirement and Social
Security Law, in relation to deputy sheriffs.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
540, by Senator Padavan, Senate Print 1475, an
act to amend the Retirement and Social
4425
Security Law, in relation to the employment of
retired New York City police personnel.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
550, by Senator Robach, Senate Print 4101A, an
act to amend the Civil Service Law, in
relation to suspension.
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, 44.
4426
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
572, by Member of the Assembly DiNapoli,
Assembly Print Number 6988A, an act creating
the New York State Invasive Species Task
Force.
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, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
595, by Senator LaValle, Senate Print 4082A,
an act to amend the Education Law, in relation
to due process.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4427
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
618, by Senator Alesi, Senate Print 4420A, an
act to amend the Vehicle and Traffic Law, in
relation to additional penalties.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
623, by Senator Hannon, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
4428
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
625, by Member of the Assembly Gunther,
Assembly Print Number 6596, an act to amend
the Public Health Law, in relation to state
hospital review.
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, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
680, by Senator Kuhl, Senate Print 4312A, an
act to direct the Education Department.
ACTING PRESIDENT McGEE: There is
a local fiscal impact study at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4429
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
706, by Member of the Assembly Lentol,
Assembly Print Number 5187, an act to amend
the Civil Service Law, in relation to the
resolution.
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, 44. Nays,
2. Senators Kuhl and Seward recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
708, by Member of the Assembly Abbate,
4430
Assembly Print Number 5916, an act to amend
the Civil Service Law, in relation to
jurisdiction.
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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
718, by Senator Nozzolio --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
742, by Senator LaValle --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4431
THE SECRETARY: Calendar Number
745, by Senator Bonacic --
SENATOR MALCOLM SMITH: Lay it
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
746, by Senator Bonacic --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
790, by Senator DeFrancisco, Senate Print
2993, an act to amend the Navigation Law, in
relation to the operation.
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, 46.
ACTING PRESIDENT McGEE: The bill
4432
is passed.
THE SECRETARY: Calendar Number
833, by Senator Padavan, Senate Print 24A --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
849, by Member of the Assembly Sanders,
Assembly Print Number 490, an act to amend the
General Business Law, in relation to
licensing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
880, substituted earlier today by Member of
the Assembly Canestrari --
4433
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
882, by Senator Spano, Senate Print 2524A, an
act to amend the Transportation Law, in
relation to reestablishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
900, by Senator Rath, Senate Print --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
4434
906, by Senator Fuschillo, Senate Print 4434,
an act to amend the Penal Law, in relation to
criminal impersonation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
943, by Senator Velella, Senate Print 3325A,
an act to amend the Retirement and Social
Security Law, in relation to the
establishment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4435
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
949, by Senator Velella, Senate Print 4970A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT McGEE: 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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
950, by Senator Farley, Senate Print 4986, an
act in relation to prohibiting a county.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4436
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
989, by Member of the Assembly Sweeney,
Assembly Print Number 7158A, an act to amend
the Local Finance Law, in relation to the
exclusion.
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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
996, by the Assembly Committee on Rules,
Assembly Print Number 8139A, an act in
4437
relation to creating.
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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1016, by Senator Marcellino, Senate Print
2174B, an act to amend the Education Law and
others, in relation to the practice of
geology.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect in two years.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
4438
is passed.
THE SECRETARY: Calendar Number
1040, by Member of the Assembly Sweeney,
Assembly Print Number 1995A, an act to
authorize the Long Island Progressive Baptist
Association.
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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1117, by Senator Little, Senate Print 4620A,
an act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4439
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1136, by Senator Meier, Senate Print 3834A, an
act to amend the County Law, in relation to
wireless communications.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1196, by Senator McGee, Senate Print 1736A, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
4440
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1238, by Senator Maltese, Senate Print 4234,
an act to amend the General Municipal Law, in
relation to the treatment.
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, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1286, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
4441
Number 7919, an act to amend the Retirement
and Social Security Law.
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, 49.
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 the creation.
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.)
4442
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1315, by Senator Velella, Senate Print 5181,
an act to amend the Civil Service Law, in
relation to the certification.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1346, by Senator Johnson --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1347, by Senator Volker --
4443
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1348, substituted earlier today by Member of
the Assembly Stephens, Assembly Print Number
4196B, an act in relation to legalizing,
validating, ratifying, and confirming.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1349, by Senator Wright, Senate Print 1528, an
act to amend the Real Property Tax Law, in
relation to partial payment.
ACTING PRESIDENT McGEE: Read the
last section.
4444
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1350, by Senator Alesi, Senate Print 1570A, an
act to amend the New York City Civil Court Act
and others, in relation to civil
jurisdictional limits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1351, substituted earlier today by the
4445
Assembly Committee on Rules, Assembly Print
Number 8797A, an act to amend Chapter 505 of
the Laws of 1995.
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1352, by Senator Robach, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1353, substituted earlier today by Member of
the Assembly Destito, Assembly Print Number
3090, an act to amend the Civil Service Law,
in relation to providing.
ACTING PRESIDENT McGEE: Read the
4446
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1354, by Senator Little, Senate Print 3206A,
an act to amend the County Law, in relation to
authorizing.
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1355, substituted earlier today by Member of
4447
the Assembly DelMonte, Assembly Print Number
7148A, an act to amend the Real Property Tax
Law.
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1356, by Senator Paterson, Senate Print 3306A,
an act to amend the Education Law, in relation
to publishers.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
4448
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1357, by Senator Wright, Senate Print 3422A,
an act in relation to granting.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1358, by the Senate Committee on Rules, Senate
Print Number 3574, an act to amend the Tax
Law, in relation to authorizing.
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
4449
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1359, by Senator Velella, Senate Print 3836,
an act to amend the Civil Service Law, in
relation to provisional appointments.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1360, by Senator Robach, Senate Print 3900, an
act to amend the General Municipal Law, in
relation to including police officers.
ACTING PRESIDENT McGEE: Read the
4450
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1361, substituted earlier today by Member of
the Assembly Paulin, Assembly Print Number
7398A, 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: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4451
1362, by Senator Flanagan, Senate Print 3927,
an act to amend the Tax Law, in relation to
residential fuel oil.
SENATOR MORAHAN: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1363, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
5887, an act to amend the Civil Service Law,
in relation to disciplinary hearings and
proceedings.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1364, by Senator Trunzo, Senate Print 3952, an
4452
act to authorize the transfer of service
credit.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1365, by Senator Saland, Senate Print 4113A,
an act to amend the Banking Law, in relation
to authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
4453
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we go back to Calendar 1362,
which we laid aside temporarily a moment ago.
Can we go back to read that.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1362, by Senator Flanagan, Senate Print 3927,
an act to amend the Tax 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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1366, by Senator Golden, Senate Print 4187A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
4454
the City of New York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I rise to request
unanimous consent to be recorded in the
negative on Calendar 123.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT McGEE: The bill
was laid aside, Senator. Senator
Hassell-Thompson, the bill was laid aside.
SENATOR HASSELL-THOMPSON: Thank
you.
4455
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1367, by Senator Alesi, Senate Print 4497, an
act to amend the General Business Law, in
relation to prohibiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of the
calendar month next succeeding.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1368, by Senator Kuhl, Senate Print 4500, an
act to amend the General Business Law, in
relation to extending.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
4456
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1369, by Senator Rath, Senate Print 4542B, an
act to amend the Social Services Law, in
relation to establishing.
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.)
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. I rise to explain my vote.
ACTING PRESIDENT McGEE: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you.
4457
I will be voting for the bill,
because I think that the model of a dual
pathway for child protection is an important
demonstration for the state to travel the road
of.
But I am just highlighting there
are two concerns that have brought up by
New York City that I share their concern on.
One, that the state ought to be making a
clearer definition for the localities of what
the guidelines are for defining someone as
being in a maltreatment situation as opposed
to abuse of children.
And I'm also concerned, as is my
city agency, that 24 hours for receipt of a
report and then only 72 hours for the agency
to make a determination whether this family
should be put into this dual-track model is
too short a time for evaluation. The City of
New York is recommending seven days for
evaluation of the case.
So I hope -- while I believe this
bill will pass, conceivably, both houses this
week -- that we will immediately revisit
trying to meet the necessities of our
4458
localities.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1370, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8590A, an act to amend the Public
Health 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, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1371, substituted earlier today by Member of
the Assembly DelMonte, Assembly Print Number
4459
7351, an act to amend the Public Authorities
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, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1372, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8477A, an act to amend the State
Administrative Procedure Act.
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, 55.
4460
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1373, by Senator Leibell, Senate Print 4816,
an act to amend the Transportation
Corporations Law, in relation to capacity.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1374, by Senator Kuhl, Senate Print 4912, an
act to amend the Transportation Law, in
relation to the regulation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 20. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4461
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1375, by Senator Kuhl, Senate Print 4914, an
act to amend the Highway Law, in relation to
the establishment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1376, substituted earlier today by Member of
the Assembly McLaughlin, Assembly Print Number
7504, an act to amend the Real Property Tax
Law.
ACTING PRESIDENT McGEE: Read the
4462
last section.
THE SECRETARY: Section 2. This
act shall take effect on the second of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1379, by Senator Velella, Senate Print 4962,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
4463
is passed.
THE SECRETARY: Calendar Number
1380, by Senator Velella, Senate Print 5029,
an act to amend the Administrative Code of the
City of New York, in relation to ensuring.
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, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1381, by Senator Velella, Senate Print 5030A,
an act to amend the Administrative Code of the
City of New York, in relation to the powers,
duties and responsibilities.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
4464
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1382, by Senator Padavan, Senate Print 5055,
an act to amend the Real Property Tax Law, in
relation to exemption.
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, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1383, by Senator Saland, Senate Print 5061A,
an act to amend the Education Law, in relation
to the implementation of the "No Child Left
4465
Behind" Act of 2001.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1384, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8637, an act to amend Chapter 433 of
the Laws of 1997.
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, 56.
ACTING PRESIDENT McGEE: The bill
4466
is passed.
THE SECRETARY: Calendar Number
1385, by Senator Johnson, Senate Print 5140,
an act to amend the Education Law and others.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1386, by Senator Skelos, Senate Print 5156A,
an act to amend the Public Health Law, in
relation to prohibiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
4467
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1387, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8514, an act to amend Chapter 884 of
the Laws of 1990.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1388, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8572A, an act to amend the State
Finance Law.
ACTING PRESIDENT McGEE: Read the
4468
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1389, by Senator Padavan, Senate Print 5214,
an act to amend the Real Property Tax Law, in
relation to extending.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect July 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1390, substituted earlier today by the
4469
Assembly Committee on Rules, Assembly Print
Number 8609C, an act to amend the Private
Housing Finance 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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1391, by Senator Fuschillo, Senate Print
5222A --
SENATOR FUSCHILLO: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1392, substituted earlier today by Member of
the Assembly Towns, Assembly Print Number
7231, an act to amend the Family Court Act.
ACTING PRESIDENT McGEE: Read the
4470
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1393, by Senator Duane, Senate Print 5348, an
act to amend Chapter 292 of the Laws of 1904.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1395, by Senator Alesi, Senate Print 5264A, an
act to amend the Executive Law, in relation to
4471
requiring.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1396, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8497, an act to amend the Agriculture
and Markets Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
4472
is passed.
THE SECRETARY: Calendar Number
1397, by Senator Rath, Senate Print 5291A, an
act to amend the Family Court Act and the
Executive Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1398, by Senator Hoffmann, Senate Print 5297A,
an act to amend the Agriculture and Markets
Law, in relation to retail farm operations.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4473
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1399, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8088, an act to amend the Surrogate's
Court Procedure Act.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1400, by Senator Saland --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4474
THE SECRETARY: Calendar Number
1401, by Senator Padavan, Senate Print 5350,
an act to amend the Real Property Tax Law, in
relation to administration.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1402, by Senator Saland, Senate Print 5389, an
act to amend the Penal Law, in relation to
obstructing.
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.)
4475
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1403, by Senator Morahan --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1404, by Senator Volker, Senate Print 5414, an
act to amend the Criminal Procedure Law and
the Judiciary Law.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1405, by Senator Padavan, Senate Print 5415,
4476
an act to amend the Real Property Tax Law and
the Administrative Code of the City of New
York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect July 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1406, by Senator Stachowski, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1407, by the Senate Committee on Rules, Senate
Print Number 5427, an act to amend the Tax
Law, in relation to authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
4477
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1408, by the Senate Committee on Rules, Senate
Print Number 5431, an act to amend the
Domestic Relations Law and others, in relation
to certain fees.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect July 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1409, substituted earlier today by the
4478
Assembly --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1411, by Senator Balboni, Senate Print 5439,
an act to amend Chapter 15 of the Laws of
1998.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1412, by Senator Nozzolio, Senate Print 5443,
an act to amend the General Business Law, in
relation to sale.
ACTING PRESIDENT McGEE: Read the
last section.
4479
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1413, by Senator Robach, Senate Print 5464, an
act to amend the Correction Law, in relation
to uniformed personnel.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1414, by Senator Robach, Senate Print 5465, an
act to amend the Local Finance Law, in
4480
relation to manner of paying.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1415, by the Senate Committee on Rules, Senate
Print Number 5470, an act to amend the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
0roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
4481
THE SECRETARY: Calendar Number
1416, substituted earlier today by Member of
the Assembly McLaughlin, Assembly Print Number
2525, an act to amend the General Business
Law.
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.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1418, by Senator Padavan, Senate Print 5507,
an act to amend the Criminal Procedure Law, in
relation to statements.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4482
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1419, by Senator Hannon, Senate Print 5511, an
act to authorize.
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, 56. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1420, by Senator Flanagan, Senate Print 5512,
an act to amend the Real Property Law, in
relation to filing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4483
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1421, by Senator Farley, Senate Print 5513, an
act to amend the Banking Law, in relation to
the use.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1422, by Senator McGee, Senate Print 5517, an
act to amend the Vehicle and Traffic Law, in
relation to chemical tests.
4484
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 3 of the Laws of 2002.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1423, by Senator Marchi, Senate Print 5520, an
act in relation to creating the temporary
state commission.
ACTING PRESIDENT McGEE: 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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
4485
THE SECRETARY: Calendar Number
1424, by Senator Marchi, Senate Print 5521, an
act to amend a chapter of the Laws of 2003
relating to directing the Commissioner of the
Department of Environmental Conservation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
chapter of the Laws of 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1425, by Senator Balboni, Senate Print 5529,
an act to amend Chapter 457 of the Laws of
2001.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
4486
2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1426, by Senator Saland, Senate Print 5532, an
act to amend the Family Court Act, in relation
to duration.
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.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1427, by Senator Little, Senate Print 5533, an
act to amend the General Business Law, in
relation to manufacturers.
4487
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.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1428, by Senator McGee, Senate Print 5535, an
act to legalize, validate, ratify, and
confirm.
ACTING PRESIDENT McGEE: There is
a local fiscal statement at the desk.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
4488
THE SECRETARY: Calendar Number
1429, by Senator Skelos, Senate Print 5543, an
act to amend the Public Authorities Law, in
relation to certain powers.
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, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1431, by Senator Saland, Senate Print 5546, an
act to amend the Education Law, in relation to
the implementation.
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.)
4489
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1431, ayes, 56; nays, 1.
Senator Montgomery recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
It's been very difficult to get
this out. 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.
Thank you, Senator Morahan.
SENATOR PADAVAN: Madam
4490
President.
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: May I be
recorded in the negative on Calendar 1371,
Senate Bill 4765.
ACTING PRESIDENT McGEE: Without
objection.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, may I be recorded in the negative
on Calendar Number 1400.
ACTING PRESIDENT McGEE: Senator
Marcellino, that bill was laid aside.
SENATOR MARCELLINO: I'm sorry.
Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1433, by Senator Wright, Senate Print 5548, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4491
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1434, by Senator Skelos, Senate Print 5554, an
act to amend the Criminal Procedure Law, in
relation to eliminating.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1435, by Senator Libous, Senate Print 5559, an
act to amend the Public Authorities Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
4492
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1436, by Senator Libous, Senate Print 5560, an
act to amend Chapter 373 of the Laws of 1998,
amending the Public Authorities Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1437, by Senator Skelos, Senate Print 5564, an
act to amend Chapter 549 of the Laws of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4493
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1439, by the Senate Committee on Rules, Senate
Print Number 5566, an act to amend the
Education Law and the Civil Practice Law and
Rules.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect September 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1440, by the Senate Committee on Rules, Senate
Print Number 5567, an act to amend the Penal
Law, in relation to making technical
corrections.
ACTING PRESIDENT McGEE: Read the
4494
last section.
THE SECRETARY: Section 3. This
act shall take effect on the same date as a
chapter of the Laws of 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: Thank you,
Madam President.
May we return to motions and
resolutions. I believe there's a privileged
resolution at the desk by Senator Brown and
Senator Volker, and I ask that it be read in
its entirety.
Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Brown,
Legislative Resolution Number 2398, honoring
Tom Golisano upon the occasion of becoming the
4495
new owner of the Buffalo Sabres.
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those corporate leaders throughout the
State of New York who have substantially
contributed to the economic vitality of their
communities; and
"WHEREAS, Tom Golisano is the
founder and chairman of Rochester-based
Paychex, Incorporated, the nation's second
largest payroll processing company; it employs
8,250 people, including about 2,000 in
Rochester; and
"WHEREAS, By purchasing the Buffalo
Sabres and committing to keep the team in the
community for the long-term, Tom Golisano is
advocating his belief that business has a
responsibility to give back to the communities
where their enterprises are located; and
"WHEREAS, It has been estimated
that the Buffalo Sabres and the HSBC Arena
provide a direct economic benefit to the
Western New York region. In addition, as a
result of his purchase, Tom Golisano saved the
State of New York, County of Erie and City of
4496
Buffalo taxpayers a substantial amount; and
"WHEREAS, Tom Golisano's deal to
buy the Buffalo Sabres has given National
Hockey League Commissioner Gary Bettman a
reason to believe in the league's viability
now that the Sabres' future is more secure and
they will be staying in the area.
Commissioner Bettman said, 'I think people
should stop worrying about the Sabres leaving
Buffalo, because our knight on a white horse
came riding in'; and
"WHEREAS, The bankrupt Sabres were
in jeopardy of folding after the end of the
season. Tom Golisano's arrival not only
rescued the team, it also provided a lift for
a league facing an uncertain future; and
"WHEREAS, As part of the deal to
purchase the bankrupt franchise, Tom Golisano
has assumed operational control of the Sabres'
arena, as well as the National Lacrosse
League's Buffalo Bandits. He will also manage
the 18,000-seat HSBC Arena, where both of
these teams play; and
"WHEREAS, It has been estimated
that the Buffalo Sabres and the HSBC Arena
4497
provide a direct economic benefit employing
150 full-time employees and 1,000 part-time
employees; and
"WHEREAS, In 1971, when Tom
Golisano was working for Electronic Accounting
Systems, he noticed that the big companies
which were served by the regional payroll
processing company were outnumbered by the
small firms that were unable to pay for
high-end payroll service; and
"WHEREAS, He started with one
employee, 40 clients, a little cash and his
credit card; gradually, the business began to
grow, adding clients and a network of 18
franchises and partnerships; and
"WHEREAS, By 1979, Tom Golisano
consolidated to form a single company, which
he took public four years later; today, it is
on Fortune magazine's list of the 100 best
companies to work for in America mainly
because of his belief that all employees are
equal and should be treated in that manner;
and
"WHEREAS, Tom Golisano has given
back to his community by awarding a tremendous
4498
amount of grants to his local community in
Rochester. The Rochester billionaire has
donated his own money to Rochester area
colleges, hospitals, health systems and other
nonprofit agencies. Since 1986, his B. Thomas
Golisano Foundation has also funneled
significant funds to agencies dealing with the
disabled; and
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to Tom Golisano for his substantial
contribution to the economic vitality of the
Western New York region by his purchase of the
Buffalo Sabres and his commitment to keep the
team in the Buffalo community; now, therefore,
be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor Tom
Golisano upon the occasion of becoming the new
owner of the Buffalo Sabres; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Tom Golisano."
ACTING PRESIDENT McGEE: Senator
Brown.
4499
SENATOR BROWN: Thank you, Madam
President. Thank you, colleagues.
It's certainly my pleasure and
honor today to recognize a New Yorker of
distinction, someone that I have had the
opportunity to get to know and respect
greatly.
Tom Golisano's story is an American
story. Certainly he's one someone that grew
up not in a family of wealth but, through the
American dream, was able to build the company
that you just heard about.
The company now employs over 9,000
people, and you heard that 2,000 of those
people employed are in the city of Rochester.
This year we will be talking a
little bit about some of the financial
difficulties in the city of Buffalo. As you
know, Buffalo was once one of the greatest
cities in this country, and is still a great
city. But this year, unfortunately, Buffalo
will be facing a control board.
And the Buffalo Sabres are an
institution, an organization, a company that
is very important to the city of Buffalo. Let
4500
me just talk a little bit about the economic
impact and why Tom Golisano's purchase of the
Buffalo Sabres is so important to the
Buffalo/Niagara region.
It has been estimated that the
Buffalo Sabres and the HSBC Arena provide a
direct economic benefit of $52.8 million in
the Buffalo/Niagara region. The Sabres
employs 150 full-time employees and another
1,000 people part-time. This organization
provides $3.4 million in sales tax per year in
Erie County.
Let me just say also, as you heard
in the resolution, Tom Golisano certainly
believes that business has a responsibility to
give back to the community. And he has given
back to the community significantly. The
resolution didn't contain the numbers, and I'd
like to just mention briefly some of the
numbers -- not all of them, because he has
contributed significantly.
But in Rochester alone, where
Paychex is headquartered and where Tom
Golisano lives, he has been tremendously
generous. In November 2002 he donated
4501
$5 million to Thompson Health in Canandaigua,
which will be used to create the Golisano
Center for Emergency and Diagnostic Medicine.
In April of 2002 he contributed
$14 million to Strong Children's Hospital in
Rochester.
In February 2001 he made a
$14 million contribution to Rochester
Institute of Technology and in October of 2001
a $5 million contribution to Roberts Wesleyan
College, the largest gift in the history of
the small liberal arts college.
You know, Tom Golisano has spoken
extensively about his belief that too much
money is invested in sports franchises, public
dollars going to sports franchises which
really should be used for the community.
This year, Tom Golisano put his
money where his mouth was and invested in the
Buffalo Sabres, saving city, county, and state
taxpayers over $40 million. And for that, the
City of Buffalo and the Buffalo/Niagara
region, and indeed the state, owe him a debt
of gratitude.
So it is indeed my honor today to
4502
recognize Tom Golisano for his
accomplishments, to thank him for his purchase
of the Buffalo Sabres, and to wish him
continued success and to wish him well.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam
President -- and as people know, it is indeed
unusual to do this kind of a resolution at
this time of the year. But I felt that we
should make some recognition of Tom Golisano
for what he did.
And there were people, I think,
that thought some of us might be unhappy. But
I can assure you that I was one of the
happiest people in Buffalo when Tom Golisano
purchased the Sabres.
There were people in our city and
many in the media who thought that the Sabres
were not important and who in fact did stories
that the Sabres really weren't that heavy an
economic contributor to the area.
Many didn't realize that the
purchase of the Sabres, with it goes the HSBC
4503
Arena that many of us -- and I was one of
those -- spent a great deal of time in working
out.
The Knoxes, who owned the Sabres
before, previous to the Rigases purchasing it,
were very close friends of mine and remain
close friends of mine. The accountant is a
personal friend of mine. So I knew the
numbers pretty well.
And I must say to Tom Golisano --
and many of us thought that he was a very
hardheaded, good businessman, so we doubted
very seriously that he would invest in a
risky -- at best, a risky endeavor. But when
he did, what he did for Buffalo -- and I still
don't believe that many of the businesspeople
in Buffalo realize.
Here's a man that is from the
Rochester area, he's not from the Buffalo
area. I don't think he was ever a
particularly great sports fan. To his credit,
he chipped in where other people wouldn't do,
purchased the Sabres, reactivated it. In fact
the arena, which had been managed very, very
poorly by the previous owners, by the way --
4504
which is one reason why the numbers looked as
poor as they did. And I know that very well,
because I looked into those numbers and I have
pretty good connections with the league, by
the way.
So I just want to say that
everything aside, Tom Golisano has done
something that a lot of Buffalo people
wouldn't even get near, and that is taking a
risk on Buffalo, a risk that probably will
bring hundreds of millions of dollars in
investment to the area and something which I
think that, you know, my children and their
children, hopefully, will look back and say
there was a time when we nearly lost one of
the real jewels in the city.
Because the HSBC Arena doesn't just
bring in money from sports but from all sorts
of other entertainment. And we hope that it
will bring in more to downtown Buffalo, which
is on the verge, I believe, of really emerging
and coming back.
So my thanks to you, Mr. Golisano,
for believing in the Sabres, believing in
Buffalo, despite the fact that there's a
4505
tremendous amount of naysayers in our city,
unfortunately. And I thank you for investing.
And I want to make it clear that if
there's anything that myself and our
delegation can do to help you and your
investment in sports, we'll be happy to do it.
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: Thank you, Madam
President.
I think I could reiterate much of
what has been said by Senators Brown and
Volker in regard to what Mr. Golisano's
efforts have done as far as impacting the
economy of, of course, the Buffalo area,
primarily, and initially the Rochester area
but also the economy of this entire country.
And as we have heard most recently,
we can expect more growth from Tom Golisano's
company Paychex, which means more jobs
worldwide, internationally.
I'm especially proud of the fact
that Tom Golisano hails from my more immediate
area and that his headquarters, of course, is
in the heart of my Senate district -- but also
4506
proud of the fact that in addition to the
Sabres, Tom Golisano, no matter where you go
in the greater Rochester area, is recognized
as the George Eastman of the 21st century.
And for those of us who understand
that Eastman Kodak Company started in
Rochester and who understand that George
Eastman was perhaps, to this point, one of the
greatest benefactors that our community has
enjoyed, we now know that we have someone in
the person of Tom Golisano who will share that
greatness as this century continues on --
whether it's his efforts to help the children
at the Strong Memorial, whether it's his
interest in the high-tech growth of our
economy, his involvement with Rochester
Institute of Technology, St. John Fisher
College.
Anywhere you go, any category that
you think of that benefits our community, you
understand that Tom Golisano is the
cornerstone of our hope for the future when it
comes to things that help our society.
Notwithstanding his great success as a
businessperson. And without discussing his
4507
interest in government.
I would just simply like to say
that I have appreciated the friendship that I
have enjoyed sharing with Tom Golisano and
have appreciated the opportunity to share time
with him, knowing that he is someone of
incredible accomplishment but also knowing
that in those times when I've had the
opportunity to just sit and chat with him, to
share a meal with him -- as I did with Senator
Robach recently at the Italian-American
Community Center -- that as much as this might
sound hard to believe of a man of his stature,
he's just a regular guy in so many ways.
And I also got to know Tom Golisano
a little better when we were dedicating the
Korean War Memorial and he spoke about his
brother. And again, it's hard to imagine that
a man of such great accomplishment and a man
who has contributed so much to our community
could express himself in such a regular way
and could make you feel as though, yes, he is
a titan when it comes to the business world,
but when he sits next to you and he talks to
you, he is a regular guy.
4508
And that's something that I
appreciate as much as his friendship. And I
would personally like to welcome Tom Golisano
to the Senate chambers.
ACTING PRESIDENT McGEE: Senator
Robach.
SENATOR ROBACH: Yes, Madam
President.
Let me too briefly just join in and
say how fitting it is that we take today to
acknowledge anytime something good happens in
our communities, as private citizens, as
government leaders.
And truly, Tom Golisano coming to
the aid of what I call this air of cooperation
of really all of expanded Western New York is
good in its own right.
But I'd like to really just thank
him also not only for the Sabres deal, the
jobs he provides and the leadership as a
businessperson, but aside, what many people
don't know outside of our area is his huge
amount of benevolence that has really affected
the whole fabric of Monroe County through the
good works he's done.
4509
And as Jim Alesi said, my
colleague, we've had the opportunity to work
with Tom on a lot of different things. And
one of the areas that's very important to me
and I know to him, having a sister who is
developmentally disabled, Tom Golisano is
really one of the most benevolent people when
it comes to assisting young people and adults
who really are in trouble or need help of no
volition of their own -- childhood cancers,
people with developmental disabilities.
And I think people should know that
in addition to his great entrepreneurial
spirit, his great community involvement, is a
benevolent person. He truly is a champion.
And that should be in the record, what he has
done for our area and so many of us.
And to my colleague Dale Volker,
I'd just like to rectify one thing. You said
a lot of accurate things about Tom. One
inaccurate thing was actually Tom Golisano is
very athletic. He's also very competitive.
One of his areas where he's
contributed a lot of money is to the Rochester
Institute of Technology. And probably as an
4510
offshoot of that, we've all gotten to be very
good friends with Dr. Al Simone, the
president. And Tom and I had the opportunity
to play broomball against young fraternity
kids who are in much better shape than us, but
we managed to hold our own. Tom was the MVP.
And I want to tell you, at one point trying to
score a goal, he even checked me to the ice,
and I was on his own team.
So he's indeed athletic and very
competitive and certainly a wonderful person
who's continuing to do good things here. And
we really appreciate it.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
I just want to rise and add my
congratulations to the new ownership of the
Buffalo Sabres, Mr. Golisano, and talk about
how hundreds of thousands of sports fans,
particularly the young children that saw those
headlines, newspaper stories that the Sabres
were going to be leaving Buffalo and probably
4511
locate in a faraway place, that now their team
is safe.
And we look forward, Mr. Golisano,
to having you back here next year with the
Stanley Cup champion Buffalo Sabres.
Thank you.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: I too would
like to rise and congratulate the new
ownership of the Sabres.
Obviously we were all concerned to
keep the team in Buffalo. And myself, as a
season ticketholder, I was just concerned to
keep the Sabres in the Western New York area
because I happen to enjoy going to hockey
games even when the Sabres aren't as good as
the other teams, as they were this year, when
they struggled and were young.
But I'm glad Mr. Golisano is here.
It's not surprising that he knocked Robach
around, considering the shape Joe's in
currently. So at least we know that you're a
better athlete than Joe Robach, and that's
good.
4512
I would like to point out, I
noticed when I came in that you have a
gentleman named Steve Casey next to you.
Don't listen to anything he says about hockey,
because he's a Flyers fan. And I don't think
he'll give you any good advice helping the
Sabres. He might have some trade to the
Flyers for something they need. So I would be
careful about that.
But the truth is -- and this is an
interesting little side story -- I never met
Mr. Golisano until last night when I was
walking from one event to the other and he was
standing on the street corner and I happened
to recognize him, walked up, introduced
myself, and we talked a little bit.
So it was my pleasure to have met
him last night. I wish him all the luck. I
hope that he can do for the Sabres what he's
done for his other businesses. And I'll be a
little bit more patient than Senator Maziarz
and hope that someday we'll be here
celebrating with you the Sabres winning the
Stanley Cup.
ACTING PRESIDENT McGEE: Senator
4513
Paterson.
SENATOR PATERSON: Thank you,
Madam President.
I'd just like to lend my voice to
all of those who are congratulating Tom
Golisano today for a lot of things. This is a
person that has been very successful in his
own endeavors, an entrepreneur. But unlike
some who come back here and try to influence
the process from within, he did it publicly.
He became a candidate. He wanted to be a
public servant.
And that's something that all of us
wanted to be at some time, and all of us have
things that we believe in and things that
drive us to that end. And it's good to see
that a more diverse population is thinking of
government as a solution to problems at a time
when so many people have soured on government.
And who we support or who we
endorse or who we're with sometimes is not as
important as that we get quality people,
people who have a mission and a caliber of
credentials that could be contributed to the
state.
4514
Tom Golisano is a person that has a
rare combination of skills. And the fact that
he even thought of going through what it takes
to try to become a public servant I think is
something that he should be congratulated for.
I wish that a lot of people would
do the same, people particularly who don't
live in my district, but I hope that they will
think of government as a solution to problems.
And to hear that he's taken over
the Buffalo Sabres, maybe he and Senator
Stachowski will talk Dominic Hasek into coming
out of retirement. Maybe they'll go back and
get Gilbert Perreault from the seventies, or
maybe Rene Robert, or maybe even Bob McAdoo
from the old Buffalo Braves.
But they still will not win the
Stanley Cup before either the Rangers or the
Islanders do. But if they have a chance, it
will be because Tom Golisano is at the helm.
Thank you.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
4515
I'm delighted to see Mr. Golisano
in the chambers. And we've never really had
much opportunity to talk, but I have a small
grudge to settle with him. He actually stole
away from me the name of a political party.
When I first ran for office, I
thought I needed an extra line, and I created
my own little political party and gave it the
name "Independent." I had a small farm
symbol. You can go to these little press-type
cutouts and create your own little symbol. So
I was very happy with my little farm symbol.
And then discovered that no longer did I have
the "Independent Party," it was being confused
with an "Independence Party."
I also had another political party
stolen from me because I was trying very hard,
some of you know -- and I know Mr. Golisano
does -- was trying to reform the entire State
Legislature for a number of years. I've put
that somewhat on hold recently. But I did
have some great success getting people
enthusiastic about the need to change the way
we conducted our business.
Most of those times when I
4516
delivered a speech on that subject, I was
speaking from the other side of the chamber.
I find it much more effective to speak about
virtually anything on this side. But in those
days I had the Reform Party, and then Ross
Perot stole that from me.
But I assure you that there is no
turnabout here. I have no interest in the
hockey team. I would, however, like to
suggest that perhaps Mr. Golisano could use
some of his considerable influence to speak to
the good people who run Time-Warner Cable in
the Syracuse area and see if we can get the
Sabres back on the air.
And I will also share, for Mr.
Golisano's benefit, the fact that having
engaged in both political pursuits and being a
sports fan, there is really a tremendous
amount of personal satisfaction in being able
to watch a winning victory of a national
championship team. And having just done that
recently with the Syracuse University
Orangemen in New Orleans, in the NCAA
basketball championships, I hope that you will
give us all that opportunity to cheer on
4517
another national championship team.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Thank you, Madam
President.
I just want to put my two cents in
the whole conversation on the whole issue this
morning. I do not know Mr. Golisano
personally. Never met him, don't know about
him. The only thing that I know about him was
that last year we almost got a minority
governor, Carl McCall. And because of
Mr. Golisano's involvement, we lost that
opportunity. That's the only thing I know
about him.
But today I would like to join the
group and, you know, join the group in
congratulating Mr. Golisano in purchasing the
Buffalo team and keeping the team, and using
his money well to protect the team in Buffalo.
I hope the next time that a
minority runs for a seat in New York,
Mr. Golisano could join us so we could put a
minority in statewide office.
Thank you very much, Madam
4518
President.
ACTING PRESIDENT McGEE: Senator
Rath.
SENATOR RATH: Madam President,
my colleagues, Mr. Golisano, Buffalo Sabres
fans everywhere, I rise to say congratulations
and welcome to Western New York, welcome to
one of the fine traditions of hockey in all of
North America.
I'm sure Senator Stachowski spoke,
because we very often share moments in the
arena when the Sabres are at their highs and
at their lows and have for the last 25 or 30
years enjoyed Buffalo Sabres hockey.
And I would only say that the
sports teams in the state of New York have
brought us honor, they have brought us
thrills. Will we ever forget the Stanley Cup
finals a few years ago when we all celebrated
and watched as Buffalo showed itself off
proudly to the world in the Stanley Cup
finals.
And you're in for quite a ride as
the owner of the Buffalo Sabres. And I would
say to you that in sports traditions in
4519
Western New York, there are a couple of
phrases you should be very familiar with.
One of them doesn't have to do with
the Sabres, but it's one everyone from Buffalo
could tell you about, and that is "wide
right." And we all know that was when we did
not win the Super Bowl.
There is another one you need to be
familiar with, and it's called "skate in the
crease." And everyone knows that's when we
did not win the Stanley Cup.
But there was one of our great
sports persons in Buffalo by the name of Marv
Levy who said it best, and I will close my
remarks with this: "Where else would you
rather be than right here and right now?"
Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Rath.
The question is on the resolution.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
4520
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Morahan.
SENATOR MORAHAN: If we can turn
now, Madam President, to the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
123, by Senator Padavan, Senate Print 52, an
act to amend the State Administrative
Procedure Act, in relation to denial.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
The bill is very simple. It states
that if a licensee in the State of New York
has knowingly hired illegal aliens and been
4521
found guilty of violating federal law in that
regard, that a state agency, a licensing
authority may have -- and I emphasize the word
"may" -- the opportunity of revoking that
license.
A license is a privilege.
Individuals who knowingly violate laws that
are detrimental to the good order of our
society should not enjoy the benefit of that
privilege. And this bill would seek to
achieve that opportunity.
ACTING PRESIDENT McGEE: Senator
Padavan.
Senator Paterson.
SENATOR PATERSON: Madam
President, you've confused us again. And we
look so much alike, it's amazing. This
happens to us every place we go.
(Laughter.)
SENATOR PATERSON: Madam
President, would my twin suffer a question or
two about this simple bill of his?
SENATOR PADAVAN: Yes.
SENATOR PATERSON: Senator, in
all seriousness, if you have a large company,
4522
doesn't this have a chilling effect on the
doing of business in the state?
Because there can be one violation
under your bill, and a license to a major
company which has maybe hundreds of employees
could be revoked because of really what is an
issue of immigration.
I just don't know that we would
want to put that responsibility, given the
problems that businesses are having all around
the state right now, large businesses and
small businesses.
SENATOR PADAVAN: First, Senator,
it's not one, it is two violations of
immigration law during a five-year period. So
it's not an isolated, one-time event but one
that has been repetitive.
But as I tried to emphasize in my
explanation, we are authorizing a licensing
entity in this state -- which could be one of
many agencies, such as the Secretary of State,
the Health Department, on and on the list
goes -- to consider the revocation of that
license.
As far as the economic or harm or
4523
any other form of -- any negative impact on
the state, I think it is clear that knowingly
hiring illegal aliens is already detrimental.
And when the federal government
steps in, as it does on occasion, and takes
action, I think it's appropriate that the
state consider withholding its privilege
engendered in a license. And I really don't
care what that license is for.
So your point about the frequency
is in error, and your conclusion about the
impact on the economic well-being of the state
is equally incorrect.
SENATOR PATERSON: I'm really
hurt, Senator.
Would the Senator yield for another
question?
ACTING PRESIDENT McGEE: Senator
Padavan, will you continue to yield?
SENATOR PADAVAN: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, I
stand corrected. What I really meant by that
was that over a five-year period a violation
4524
in two areas could be a very almost nominal
conclusion to what is a subjective
determination about what the employer knew and
when they knew it.
And I was balancing it based on the
value of business in our society and the
chilling effect I thought that it had on
conducting business.
My second question is, does it have
a chilling effect on employment? In other
words, that companies will be hesitant to hire
people who might appear to be illegal aliens
so as not to ever be put in the position of
having to go through the ordeal.
SENATOR PADAVAN: What is your
question, Senator?
SENATOR PATERSON: That question
is whether or not that has a chilling effect.
We covered the issue of business or at
least --
SENATOR PADAVAN: Only if your
presumption, underlying presumption is
correct. And as I said before, I don't
believe that it is.
I think that most employers in this
4525
state are law-abiding, understand the law, are
not knowingly -- and here again I emphasize
that word -- knowingly hiring an illegal
alien.
And keeping in mind the federal
government, with its limited resources,
addresses a very small part of this problem.
But when it does, it usually goes after
someone who is quite -- you know, someone who
is really deserving of their attention.
And when that happens, if we are a
nation of laws, whether they be federal,
state, or local, I don't believe we should
then extend the privilege of a license to that
entity and say, Well, you really haven't done
anything wrong, so continue to go on with your
business.
Again, I emphasize, Senator -- and
you have not really acknowledged this -- that
we give the state agency the prerogative of
determining whether or not -- whether or not
they are to apply this opportunity. Utilize
it, I should say. It's not mandatory. They
can take into consideration any extenuating
factor that is appropriate when they are
4526
making a determination.
But we feel it's a tool that should
be at their disposal.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I want to thank Senator Padavan for
his answers.
On the bill.
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: I think that
what Senator Padavan has put into legislation
does involve some agency discretion. Which
I'm thankful of that, because I think this
bill errs in a few directions.
I think that the potential
punishment, even unless you saw a consistent
pattern and practice of this type of conduct
on the part of companies, is quite
restrictive. I think it would restrict
business.
I think that Senator Padavan is in
error in that he doesn't believe that there
would be a chilling effect on the hiring if
4527
the potential employee, the candidate for
employment resembles in some way the
perception of an employer of perhaps being an
illegal alien.
I think that the amount of business
that will be conducted would be diminished if
the state agencies actually enforced this with
such few incidents of what even at its best is
a presumption of subjectivity.
And therefore, I would recommend a
no vote on this bill, because Senator Padavan
said that I made two errors, I've now
documented that he made three errors.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
if, through you, the sponsor would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Padavan, would you yield for a question?
SENATOR PADAVAN: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SABINI: Senator, you're
the senior elected official from the borough I
4528
represent, and you have a wealth of experience
in this chamber. And this bill has had some
experience as well; it's been here for a
number of years.
And I'm just wondering, sharing
some of the concerns that Senator Paterson has
raised, can you give an example of what
company you would seek to have reined in based
on past experience that would have been found
guilty of this? Or can you cite an example
where this law would have been put into play
if it became law?
SENATOR PADAVAN: Give you an
example? You're looking for an example?
Well, you know, the licenses that
are issued by the state are a great many. One
that comes to mind is a nursing home. Would
you want a nursing home that knowingly hired
illegal aliens, having been cited by federal
government twice, and the state license not be
reviewed by the State Health Department? I
don't believe your answer would be no.
So that's an example that comes to
mind. I'm sure we could come up with many
others.
4529
SENATOR SABINI: Madam President,
if I could restate my question, because I
don't -- maybe I didn't make it clear, Senator
Padavan.
But what I'm saying is, can you
cite an example of someone who would have been
guilty of this already, a company that had
done this? Because you obviously feel that
there's a need for this.
And I share Senator Paterson's
concern that this might have a chilling effect
on employment of people in places like Queens
County, where people come from all over the
world to share the American dream.
I'm just wondering why the need for
this bill, if there's a situation that had
arose that, had this bill become law, would
have caused someone to be fined. Rather than
a hypothetical, is there a company that would
have been guilty of this had this been a law?
SENATOR PADAVAN: Senator, let me
answer your question a couple of different
ways.
This bill is sponsored in the
Assembly by Brian McLaughlin, whom you know,
4530
as you know, wears two hats, president of the
Central Labor Council. And that suggests, I
think, that there is no impact on legitimate
employers, nor should there be perceived to
be. Which addresses not only your question
but also some of the comments made by Senator
Paterson.
Now, as far as the justifiable
need, we do have many, many examples of the
federal government citing violations of this
part of the Immigration Reform Act of 19 -- I
think it's 1986. Yes, 1986.
One comes to mind, it was a
cleaning outfit in Westchester had been cited
by the federal government 25 times and
continued to enjoy the benefit of a local
license to function.
We had a public hearing a number of
years ago dealing with various aspects of
immigration law. Part of it was employment,
economic impact, and this issue was raised.
So the need in terms of how often
the federal government finds it necessary to
issue violations and then take action in the
state of New York, particularly in our urban
4531
centers such as our city, is an established
fact. They're doing it all the time. But
even at that, they're probably only scratching
the surface.
It's not an isolated instance.
It's frequent. It's pervasive. And I don't
believe we should, in this state, look with a
blind eye toward any entity.
Because when you get a license, it
is what it is, a statement by the State of
New York, the people of this state, that you
should continue to do business or provide
whatever service or function you are
constituted to provide. And to me, there's a
contradiction there. And that's the basis for
the bill.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: While I agree
with the sponsor's point that a license is a
privilege and not a right, I don't really
4532
believe that the examples cited outweigh the
fact that I think this kind of legislation
makes us feel good and makes us feel like
we're doing our part to make sure that our
borders aren't crashed. And maybe that's
good.
But I think the chilling effect
this will have on employers far outweighs the
need for this legislation. I believe the
federal government has every right to police
immigration laws and should be doing it
perhaps even better than they are.
But I don't believe that we should
be using our powers in this house to, I
believe, go further and imply that employers
should be maybe a little more circumspect in
who they employ and maybe deny work to people
who, in all honesty, need it and probably are
of legal status.
I represent a district where about
80 percent of the people living there are
foreign-born and come to our shores for the
same reason generations before myself came to
these shores, for a better life for their
children, for themselves.
4533
And while I share the sponsor's
concern, I think that the chilling effect this
would have is far larger in its scope that
than the benefits we would get from passage of
such a bill, and I'll be recorded in the
negative.
Thank you.
ACTING PRESIDENT McGEE: Does any
other member wish to be heard on this bill?
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield for a question.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, I need to approach this, I
think, from a slightly different place. I'm
concerned with the way you word the bill so
that an agency may take away the license of a
business. So my concern is, under what
grounds do we give agencies discretions --
4534
discretion over when they make that decision?
My concern is that small businesses
are more likely to end up losing their
licenses under this law because they don't
have powerful lobbyists, they don't have
attorneys who can come to Albany and make
arguments for their case, they won't be able
to say "here's the reason this happened,"
while larger businesses are likely to have the
resources to do that.
So I'm actually concerned that this
bill, the way it is written with "may," will
translate into potentially being
discriminatory against smaller businesses as
opposed to larger corporations.
SENATOR PADAVAN: Senator, do you
have any idea how many times the State Liquor
Authority has hearings and procedures relevant
to the revocation of a license -- it could be
a small deli with a beer license or a bar with
a liquor license? Hundreds and hundreds of
times during the year.
And they use discretion. They make
a determination based on the factors that are
presented to them, which I am not that
4535
position here to prejudge.
But your notion that this is
discriminatory by allowing any given agency,
whether the State Health Department, the SLA,
the Secretary of State, so on, all of whom
issue various kinds of licenses -- to prejudge
that they would be discriminatory against a
smaller employer as opposed to a larger one,
that just doesn't make sense in my mind.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 123 are
Senators Dilán, Duane, Hassell-Thompson,
L. Krueger, Montgomery, Paterson, Sabini,
Stavisky. Also Senator González. Ayes, 48.
4536
Nays, 9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I may have unanimous consent to
be recorded in the negative on Calendar
Numbers 1389, 1401, 1403 --
ACTING PRESIDENT McGEE: That
bill has been laid aside.
SENATOR DUANE: Oh, thank you.
-- and 1418.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DUANE: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Thank
you.
Senator Morahan.
SENATOR MORAHAN: Madam
President, may we return to reports of
standing committees.
I believe there's a report of the
Rules Committee at the desk.
ACTING PRESIDENT McGEE: The
4537
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 734A, by Senator
Maziarz, an act to amend the Retirement and
Social Security Law;
746, by Senator Kuhl, an act to
amend the Real Property Tax Law;
1199, by Senator Robach, an act to
amend the Family Court Act;
1342B, by Senator Bonacic, an act
to amend the Education Law;
1470, by Senator LaValle, an act to
amend the General Municipal Law;
1558B, by Senator Hannon, an act to
authorize;
1760A, by Senator Johnson, an act
to amend the Insurance Law;
2586A, by Senator Kuhl, an act to
amend the Retirement and Social Security Law;
2765B, by Senator Robach, an act to
amend the Retirement and Social Security Law;
2977, by Senator Larkin, an act to
amend Chapter 557 of the Laws of 2000;
4538
3328, by Senator LaValle, an act to
amend the Environmental Conservation Law;
3744, by Senator Breslin, an act to
amend the Tax Law;
4046A, by Senator Golden, an act to
amend the Real Property Tax Law;
4141B, by Senator Leibell, an act
to amend the Real Property Tax Law;
4184A, by Senator Golden, an act to
amend the Retirement and Social Security Law;
4341, by Senator Leibell, an act to
amend the General Municipal Law;
4359, by Senator Little, an act to
amend the Public Health Law;
4475, by Senator Leibell, an act to
amend the Public Officers Law;
4636A, by Senator Johnson, an act
to amend the Navigation Law;
4830, by Senator Wright, an act to
amend the Public Authorities Law;
5080A, by Senator Velella, an act
to amend the Labor Law;
5098, by Senator Nozzolio, an act
to amend the Administrative Code of the City
of New York;
4539
5164, by Senator LaValle, an act to
amend the Education Law;
5190, by the Senate Committee on
Rules, an act to amend the Tax Law;
5382A, by Senator Saland, an act to
amend the Education Law;
5387A, by Senator Farley, an act to
amend Chapter 3 of the Laws of 1997;
5430, by Senator Rath, an act to
amend the General Municipal Law;
5440, by Senator Bonacic, an act to
amend the Public Health Law;
5452A, by Senator Volker, an act to
amend Chapter 824 of the Laws of 1933;
5453, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5454, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5455, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5456, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5457, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5458, by Senator Johnson, an act to
4540
amend the Environmental Conservation Law;
5459, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5463A, by Senator Robach, an act to
amend the Correction Law;
5472, by Senator Velella, an act to
amend the Civil Service Law;
5482, by Senator LaValle, an act to
amend Chapter 468 of the Laws of 2002;
5484, by Senator Fuschillo, an act
to amend the General Business Law;
5493A, by Senator Leibell, an act
to amend the Public Authorities Law;
5506, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5509A, by Senator Morahan, an act
to amend the Election Law;
5518, by Senator LaValle, an act to
amend the Public Health Law;
5539, by Senator Morahan, an act to
amend the Election Law;
5551, by Senator Johnson, an act to
amend the Environmental Conservation Law;
5552, by the Senate Committee on
Rules, an act to amend Chapter 454 of the Laws
4541
of 2002;
5561, by Senator Skelos, an act to
amend the Penal Law;
5562, by Senator Volker, an act to
amend the Criminal Procedure Law;
5581, by Senator Volker, an act to
amend the Estates, Powers and Trusts Law;
5582, by Senator Kuhl, an act to
amend Chapter 529 of the Laws of 2002;
5588, by Senator M. Smith, an act
to amend the Real Property Actions and
Proceedings Law;
5594, by Senator McGee, an act to
legalize;
5597, by Senator Larkin, an act to
authorize;
5606, by Senator Diaz, an act to
amend the Alcoholic Beverage Control Law;
5611, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
5631, by Senator Leibell, an act
authorizing;
And Senate Print 5637, by Senator
Velella, an act to amend Chapter 557 of the
Laws of 2001.
4542
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: I move that we
accept the report of the Rules Committee,
Madam President.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Parker.
SENATOR PARKER: Yes, Madam
President. I'd like to request unanimous
consent to be recorded in the negative on
Calendar Number 123, S52.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: May we return,
4543
Madam President, to motions and resolutions.
I believe there's some housekeeping up there.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR MORAHAN: Senator Farley.
SENATOR FARLEY: Yes, thank you,
Senator Morahan.
Madam President, on behalf of
Senator Maltese, on page 26 I offer the
following amendments to Calendar 743, Senate
Print 3274A, and I ask that that bill retain
its place on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Fuschillo, I wish to call
up his bill, Calendar Number 1391, Senate
Print 5222A.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1391, by Senator Fuschillo, Senate Print
5222A.
4544
SENATOR FARLEY: Madam President,
I now offer the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR FARLEY: I now move to
discharge, from the Committee on Rules,
Assembly Print 8290A and substitute it for
Senator Fuschillo's identical bill, 5222B.
ACTING PRESIDENT McGEE:
Substitution ordered.
SENATOR FARLEY: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Thank
you.
The bill is laid aside.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, may we return to the controversial
reading of the calendar, in regular order.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
141, by Senator Volker, Senate Print 1388A, an
act to amend the County Law.
SENATOR BRESLIN: Explanation.
4545
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
193, by Senator Nozzolio, Senate Print 438A,
an act to amend the Correction Law.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
335, by Senator LaValle, Senate Print 211A, an
act to amend the Education Law.
SENATOR MORAHAN: Lay it aside
for the day, please.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
Senator Sampson.
SENATOR SAMPSON: Madam
President, I'd like unanimous consent to be
recorded in the negative on Calendar Number
123, Senate Bill Number S52.
ACTING PRESIDENT McGEE: Without
objection.
4546
SENATOR SAMPSON: Thank you.
ACTING PRESIDENT McGEE: Thank
you.
THE SECRETARY: Calendar Number
449, by Senator Volker, Senate Print 608A, an
act to amend the Penal Law, in relation to
issuance.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
623, by Senator Hannon, Senate Print 466, an
act to amend the Public Health Law.
SENATOR BRESLIN: Explanation.
ACTING PRESIDENT McGEE: Senator
Hannon, an explanation has been requested.
SENATOR HANNON: Who requested
the explanation, Madam President?
ACTING PRESIDENT McGEE: Senator
Breslin.
SENATOR HANNON: Senator Breslin?
Yes, Senator Breslin, this would
ask the Commissioner of Health to establish a
common curriculum for nurse's aides and home
4547
health aides.
One of the interesting continuing
problems we have in the healthcare field is
the shortage of people who are there --
nurses, home healthcare aides, personal care
aides, different assistants in the hospitals.
And we've discovered that there is a disparity
in regard to the different training
requirements that are needed in different
places.
And the thought is we could --
there is not at all disparate care that's
given. So the idea would be to start to try
to bring a merger about as to the common
training.
You would therefore broaden the
pool as to who could be employed, and you
could drive down the costs that each of the
different entities -- the hospitals, the
nursing homes, the home health care
agencies -- would have to undergo for having
different types of training costs.
So this is trying to implement one
step in regard to the shortage in home
healthcare and healthcare in general.
4548
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, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
718, by Senator Nozzolio, Senate Print 963, an
act to amend the Correction Law.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
SENATOR MORAHAN: Lay it aside
temporarily.
THE SECRETARY: Calendar Number
742, by Senator LaValle, Senate Print 3079 --
SENATOR MORAHAN: Lay it aside
for the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
4549
THE SECRETARY: Calendar Number
745, by Senator Bonacic, Senate Print 1123A,
an act to amend the Real Property Tax Law.
SENATOR LIZ KRUEGER:
Explanation.
SENATOR MORAHAN: Lay the bill
aside temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
746, by Senator Bonacic --
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
833, by Senator Padavan, Senate Print 24A, an
act to amend the Executive Law, in relation to
cooperation.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Padavan, Senator Breslin has requested an
explanation.
SENATOR PADAVAN: Thank you, Mr.
4550
President.
The proposed legislation, the
proposed law would require that local law
enforcement agencies in the State of New York
cooperate with immigration authorities when an
arrest is made involving an individual who,
based on an inquiry by that local law
enforcement agency, is determined to be a
possible illegal alien.
The reasons, of course, are very
clear. If someone is in this country in
violation of federal law and then has
committed a crime, both our action as a state
and local government's action as a police
agency should also involve a referral to the
appropriate federal agency.
Let me cite a specific example of
the efficacy of this legislation. Earlier
this year in Flushing Meadow Park, the site of
the World's Fair, a man and a woman were
attacked by five men who beat the man
senseless to the point of being made
unconscious, dragged the woman off and for the
next three hours repeatedly raped her.
When the man regained his senses,
4551
he did call for police, they did come to the
scene, and they did make arrests. And all
five of them have been indicted.
Now, what is significant about this
instance, this particular horrible experience,
is that four of the five men involved were in
this country illegally and three had been
previously arrested and convicted of violent
crimes. But unfortunately, at that point in
time those arrests had not been made in terms
of a referral, I should say, to appropriate
federal agencies.
And the reason for that is that the
policy is that in the city of New York in
particular, such referrals are discouraged if
not, in some cases, prohibited. Now, that
applies to all city agencies, whether it be
social services or whatever.
Our bill deals primarily and
entirely and specifically with local law
enforcement. It's hard for me, nor would I
think it would be of you, to justify to this
woman, who is scarred probably for the rest of
her life by this horrendous experience, as
well as the man in question, who was almost
4552
killed during this attack, that there was no
reason for the prior arrests to have made an
appropriate referral to what is now called
the -- the new agency that has superseded INS.
And so this bill -- the Bureau of Immigration
and Customs Enforcement.
So this bill would require that
that be done.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. Thank the sponsor for his
explanation on the bill.
I think that there are serious
concerns with any sort of legislation that is
open to abuses, particularly in areas that
relate to the possibilities of profiling. And
the concern about this bill that I think
motivates many of us to oppose it is that
there is this gray area created where law
enforcement agencies are required to report
anyone "reasonably suspected" of being an
illegal alien.
The fact of the matter is there are
people here who are here legally, there are
4553
people who are here illegally. Our local law
enforcement officials require the cooperation
of the population wherever they are enforcing
the law to be effective. There are a lot of
immigrants in parts of the district that I
represent.
And the notion that the police are
somehow being required to become sort of
deputy agents of the BICE through this
legislation I think would actually have a
negative effect on their ability to enforce
the law, work with people in the community.
But furthermore, there's just a
wide opening for abuse given that in the
drafting of this particular statute that
someone could be arrested and it might be a
wrongful arrest and, under this legislation,
it could justify harassment in connection with
someone's immigration status when it may not
at all be justified.
But the primary concern, I think,
we have is that this would -- this thrusts our
local law enforcement agents and agencies into
an area that's a very, very difficult area for
the federal government to enforce. They are
4554
reorganizing now to try and deal with it. And
hopefully the reorganization will produce a
more effective framework of laws and framework
of enforcement procedures than we've had in
the past.
But I don't think that requiring
police officers and others to report anyone
reasonably suspected, whatever that means, of
being an illegal alien advances the cause.
And in fact I think that in many communities
it could have a very negative effect on the
extremely delicate relations between the
police and the members of that community.
So I am going to be voting in the
negative on this bill.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: I have a
question, really, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: On lines 11
4555
through -- well, on page 1 of the bill it
talks about some of the methods of determining
or things to do once the person is arrested.
But the phrase here on line 8, "who is
reasonably suspected of being present in the
United States in violation of federal
immigration laws," that's the phrase that has
me troubled.
Could you give us a further
explanation of that phrase "reasonably
suspected"?
SENATOR PADAVAN: You can't take
one sentence out of the bill and not tie it
into the others. If you read the rest of it,
it goes into some detail as to how the
verification process would take place.
The very same way these three men
who attacked that woman were determined to be
illegal immigrants, that's how they made that
determination.
And that's why a Congressional
committee held a hearing in New York to
determine why the police department had not
made that referral in the first instance.
And so the federal government, who
4556
by law is encouraging localities throughout
this nation to cooperate -- unfortunately,
they can't force to us cooperate, but they are
asking to us cooperate. And this was an
example of their being concerned about our
failure to cooperate, and actually convened a
hearing in New York City on this very case
that I'm telling you about.
This is not a hypothetical. It is
very real.
SENATOR STAVISKY: On the bill,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky, on the bill.
SENATOR STAVISKY: That's why I
prefaced my question. Because the other items
listed on the first page of the bill and on
the second page also do outline some of the
areas of review.
But what bothers me -- and I'm
frankly torn between voting for this bill and
not voting for it. What bothers me, is
somebody going to be reasonably suspected of
being here illegally if they are wearing the
South Asian headdress, a turban, perhaps, that
4557
the Sikhs wear, or other distinguishing
clothing? That's what has me troubled.
This incident occurred in my Senate
district, and I was troubled when I read about
it in the newspaper and I'm troubled about it
today. But as I said, what bothers me is the
"suspected." People have different attitudes.
When you have -- when something is subjective,
I'm troubled by it.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
through you, if the sponsor would yield for a
question.
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: Senator
Padavan yields.
SENATOR SABINI: Senator Padavan,
I too am sort of undecided on this. And I
just -- because my concern is for the safety
of New Yorkers, what I'm not getting is what
would trigger this action. In other words, is
it the arrest, the arraignment, the
conviction, the charge?
SENATOR PADAVAN: The arrest,
4558
Senator.
SENATOR SABINI: The arrest.
SENATOR PADAVAN: In response to
the prior speaker, we're talking about someone
who has been arrested for committing a crime.
The police aren't roaming around the
neighborhood acting as INS agents. They've
arrested somebody who did something terrible.
Then this other process would kick in, if
appropriate.
SENATOR SABINI: So if the
sponsor would yield for a follow-up question,
Madam President.
ACTING PRESIDENT McGEE: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SABINI: So the arrest
would be for a charge of a felony or some act,
and then that would trigger this inquest or
inquiry or whatever we want to call it. In
every case, or in some cases or --
SENATOR PADAVAN: The phrase here
is "reasonably suspected of being present in
4559
the United States in violation of federal
immigration law." It's line 11 through 13.
SENATOR SABINI: But the arrest
would be for some felony charge based on the
New York State Penal Law.
SENATOR PADAVAN: The arrest
would obviously be based on state law, yes.
SENATOR SABINI: Thank you, Madam
President. Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Through you, Madam President, if the sponsor
would yield.
ACTING PRESIDENT McGEE: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Something
that Senator Sabini just asked, I need a
clarification.
It's only a felony or any -- if I
am arrested for loitering or not paying my
4560
parking tickets, is that a category? Or is it
all categories of arrests or simply, as you
put it, something terrible or, as Senator
Sabini said, a felony?
SENATOR PADAVAN: It's any
category of arrest.
You're not going to be arrested for
not paying your parking ticket. I don't know
if that happens in your district; it doesn't
happen in mine.
SENATOR LIZ KRUEGER: So any
category of arrests?
SENATOR PADAVAN: Yes.
SENATOR LIZ KRUEGER: But again,
while -- prior to being found guilty of this
charge?
SENATOR PADAVAN: Most times a
traffic violation, you get a ticket or
appearance notice or something like that.
When the police make an arrest, it's because
you've done something rather serious. Isn't
that your experience?
SENATOR LIZ KRUEGER: I think it
actually varies on the situation.
SENATOR PADAVAN: Well, that's
4561
mine.
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: Again, my
concern with this bill is that it will in fact
have an impact on the continuation of
profiling people, both in police arrests and
in turning the police system into a
federalized system for vices or what we used
to know as INS purposes.
And that because there is
discrimination in our law system and there is
discrimination in who gets arrested,
particularly around profiling issues, that
what Senator Padavan describes on the one hand
is something that the federal government is
ordering us to do, and he uses an example that
is terrible, that this woman is raped by
people who were actually known to the police
system already, and that should never be
4562
acceptable to us -- that this is too broad a
law, particularly since you can be arrested --
he's right, perhaps that in rare occurrences
would you be arrested for failing to pay your
parking tickets.
But you can be arrested and brought
into a police precinct in my district or I
think in any district for a large number of
misdemeanors. And in fact, now in New York
City there's a plan to arrest you for vending
without a license and fingerprinting you.
And that we are going too far in
this. And that if it was just felony charges,
I might be comfortable voting for this. But
for every imaginable charge and every
imaginable arrest, I think we are going too
far, too broad, putting at risk the rights and
protections of people in this country legally
who may not speak English as their first
language, may have immigrated here from other
countries, and that we need to think this
through much more carefully before we move
forward.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
4563
other Senator wishing to speak on the bill?
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
if the sponsor would yield for one question.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for one question?
SENATOR PADAVAN: Sure.
SENATOR HASSELL-THOMPSON:
Senator Padavan, how does this bill impact the
new Mayor's Executive Order 34?
SENATOR PADAVAN: The Mayor's
amendment of Executive Order 124 is a step in
the right direction. It obviously takes a
better approach to the problem than previously
had been the case.
However, an executive order is only
as effective as the current executive. And
what may happen with some future mayors is
something that I can't say, nor can you.
In addition, there is a legislative
initiative that has been proposed by the City
Council to in effect negate Mayor Bloomberg's
recent order.
So for both reasons, I feel it's
more appropriate that we have state law rather
4564
than rely upon that local administrative
directive.
SENATOR HASSELL-THOMPSON: Thank
you.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: On the bill.
ACTING PRESIDENT McGEE: Senator
Balboni, on the bill.
SENATOR BALBONI: The breadth of
this bill is larger than the bill that -- or
the context that Senator Padavan has spoken
about.
Talk to any homeland security
representative, they will tell you that the
need for cooperation and communication between
the local governments, the state governments,
and the federal government has never been
greater.
This bill is but one step in the
very necessary process and, frankly, is common
sense. The hijackers of 9/11, many of them
were illegal. If they had been picked up for
the traffic infractions that they incurred
4565
while one of them was speeding 90 miles an
hour outside of the Beltway on his way to
New Jersey to board the plane in Newark, if
that person had been stopped, they wouldn't
have gotten on the plane.
And this is consistent with what
we've learned in the experience of New York
City. During the Giuliani administration,
crime dropped faster than at any other time in
the history of the City of New York, in most
part because of a new program they put
together, COMSTAT.
And what they found was going after
the squeegee guys and going after the
turnstile jumpers, all the things that were
nuisance prosecutions actually resulted in
catching people who had done other things.
So what you need to do is you need
to go after the misdemeanors. Limiting this
to felonies would be a mistake. This is a
very commonsense, long overdue measure that we
should adopt immediately.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
4566
Senator Sabini.
SENATOR SABINI: Madam President,
through you, if the sponsor would yield for
just one last yes-or-no question.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for one last question?
SENATOR PADAVAN: Yes.
SENATOR SABINI: Has the city,
the Mayor's office taken a position on this,
since it affects --
SENATOR PADAVAN: Not that I know
of.
SENATOR SABINI: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: In voting
4567
no, I just want to clarify something Senator
Balboni just said.
In fact, Mayor Giuliani did all the
things he described, but he was formally very
opposed to the City of New York requiring
turnover of people suspected of being
undocumented to the INS. Not only did he
uphold the executive order, he sued the
federal government to continue the city's
policy on this.
Thank you, Madam President.
SENATOR BALBONI: Madam
President, are we on a roll call?
ACTING PRESIDENT McGEE: She's
explaining her vote.
SENATOR BALBONI: Generally we
don't mention members' names during roll
calls, because that's the purpose of the
debate.
I just want a clarification on
that. That's the rules.
ACTING PRESIDENT McGEE: Senator,
is there a point of order here?
SENATOR BALBONI: It is. Check.
Thank you.
4568
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 833 are
Senators Andrews, Diaz, Dilán, Duane,
Gonzalez, Hassell-Thompson, L. Krueger,
Montgomery, Parker, Paterson, Sabini, Sampson,
Schneiderman, and Stavisky. Ayes, 46. Nays,
14.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hassell-Thompson, did you
want to speak?
SENATOR HASSELL-THOMPSON: Yeah,
I was trying to explain my vote. It's fine.
It's fine. As long as he recorded me as no.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
880, substituted earlier today by Member of
the Assembly Canestrari, Assembly Print Number
5418A, an act to amend the Vehicle and Traffic
Law.
SENATOR SCHNEIDERMAN:
Explanation.
4569
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
900, by Senator Rath, Senate Print 2050, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to sentence.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Rath, an explanation has been requested.
SENATOR RATH: Madam President,
this bill provides that when a person is
convicted of a misdemeanor after being
convicted of five or more crimes within the
last five years, that defendant must be given
a definite sentence of imprisonment of no less
than 30 days.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President. If the sponsor would yield for a
question.
ACTING PRESIDENT McGEE: Senator
4570
Rath, will you yield?
SENATOR RATH: Certainly.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: I'm not
clear if this is a rigid five-year standard,
or are there circumstances in which the
sentencing could go beyond five years under
this legislation?
SENATOR RATH: Oh, yes. The
maximum term for imprisonment for the
misdemeanor being one year, it could be more
according to the judge, as I understand it.
I'm sorry, let me go back to this.
SENATOR SCHNEIDERMAN: What I'm
actually trying to get at is the five-year
period in which you commit the misdemeanors,
how -- could that period be -- is that period
tolled at any point in time? What are the
parameters for the limitations on the
five-year period?
SENATOR RATH: It excludes the
time the defendant was incarcerated.
Does that answer your question?
SENATOR SCHNEIDERMAN: So through
4571
you, Madam President, if the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SCHNEIDERMAN: So it is
then my understanding if it excludes those
periods, we could in fact be looking at a
much, much longer period of time than five
years. If someone was incarcerated for a
number of years, the time period on both sides
of them serving that sentence would be
considered under this legislation.
SENATOR RATH: Yes, it could be,
Senator.
And I might point out that this
bill has been here before. And as we nickname
many bills, this one is very often called the
petit larceny bill. And it was one that was
hailed the last time we voted on it -- a
couple of years ago, it was hailed broadly by
the retail community because they felt it
would put some teeth into the circumstances
4572
that were happening when people were repeat
offenders.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Thank the sponsor.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Andrews.
SENATOR ANDREWS: Madam
President, I'd like to request unanimous
consent to be recorded in the negative on
Calendar 123.
ACTING PRESIDENT McGEE: Without
objection.
Senator Schneiderman.
4573
SENATOR SCHNEIDERMAN: Madam
President, I would also request unanimous
consent to be recorded in the negative on
Calendar 123.
ACTING PRESIDENT McGEE: Without
objection.
THE SECRETARY: Calendar Number
1346, by Senator Johnson, Senate Print 579B,
an act to amend the Vehicle and Traffic Law.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1347, by Senator Volker --
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1352, by Senator Robach, Senate Print 2980A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
SENATOR MORAHAN: Lay it aside
4574
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1391, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8290A, an act to authorize the North
Lindenhurst Volunteer Fire Department.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1400, by Senator Saland, Senate Print --
SENATOR MORAHAN: Lay it aside
for the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
4575
1403, by Senator Morahan, Senate Print 5391,
an act to amend the Penal Law, in relation to
penalties for assault.
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested by
Senator Liz Krueger.
SENATOR MORAHAN: Yes, Madam
President. This bill creates two new crimes
under the Penal Law. One, a new crime of
aggravated assault that will occur when the
intent to cause physical injury causes such
person or third person serious physical
injury. That would be made a Class E felony
with up to four years.
Also, a new criminal crime of
manslaughter in the third degree. A person
would be guilty of this offense when the
attempts to cause physical injury causes
death. And that would be a Class D felony, up
to seven years.
SENATOR LIZ KRUEGER: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
4576
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, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Diaz.
SENATOR DIAZ: Madam President,
may I please request unanimous consent in
voting no on Calendar Number 123.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DIAZ: Thank you.
THE SECRETARY: Calendar Number
1406, by Senator Stachowski, Senate Print
5421, an act to amend Chapter 276.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
4577
1409, substituted earlier today by the
Assembly Committee on Rules --
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1434, by Senator Skelos, Senate Print 5554, an
act to amend the Criminal Procedure Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily.
SENATOR MORAHAN: Can we stand at
ease for a few moments until some of the
members return to the chamber.
ACTING PRESIDENT McGEE: Thank
you, Senator Morahan. The Senate will stand
at ease for a moment.
(Whereupon, the Senate stood at
ease at 2:28 p.m.)
4578
(Whereupon, the Senate reconvened
at 2:30 p.m.)
SENATOR MORAHAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, we'll stand out of ease.
And would you please call up
Calendar 1352.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1352, by Senator Robach, Senate Print 2980A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
SENATOR DUANE: Explanation.
ACTING PRESIDENT McGEE: Senator
Robach, an explanation has been requested by
Senator Duane.
SENATOR ROBACH: Yes, Madam
4579
Speaker.
This bill would give the New York
City environmental police officers the 25-year
retirement plan regardless of age, and
three-quarter pension benefit if an officer is
injured while performing official duties.
And this bill also provides a
presumptive measure for officers contracting
TB, hepatitis, and HIV.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: Thank you, Madam
President.
I flagged this bill because it's an
HIV presumption bill. And I want to thank
Senator Robach for his courtesy on hearing me
out on some of the issues that I have with it.
I just wanted to make sure that we
don't stereotype or in any way misinform the
public about how HIV is spread. And I just
wanted to reiterate that the risk of HIV
4580
infection, how a person could be at risk of
HIV infection is contained in the New York
State Department of Health Regulation 63.10.
And I know that Senator Robach is
going to make sure that this legislation in
fact is sensitive to the facts surrounding HIV
infection, and I know that we also agree that
we want these workers to get a benefit should
they become ill.
So I was satisfied with the
Senator's explanation, and I am very
optimistic that my concerns will be addressed.
I will, however, be voting no on this bill.
But I know that at the end of the day that the
workers will get their protection and
stereotypes will not be perpetrated.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
4581
2. Senators Duane and Hassell-Thompson
recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Will you call up Calendar 1409.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1409, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8141, an act to amend the Civil Service
Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Robach, an explanation has been requested.
SENATOR ROBACH: Yes, Madam
President. This legislation would simply
expand the court requirement that state
agencies give employees 20 days in the cases
of certain suspensions or demotions of
employees. We're now changing that from
20 days to 60 days.
4582
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Can we stand at
ease for a few minutes, Madam President.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:35 p.m.)
(Whereupon, the Senate reconvened
at 2:38 p.m.)
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. I did have a question on the
previous bill, 1409. I was wondering, has it
left the house, or could I ask for it to be
4583
recalled?
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: Did the bill
leave the house?
ACTING PRESIDENT McGEE: We're
checking. Just one moment.
The bill has not left the house,
Senator Padavan.
Do you wish the bill called for
reconsideration?
SENATOR PADAVAN: I wish to
reconsider the vote by which the bill passed.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1409, by the Assembly Committee on Rules,
Assembly Print Number 8141, an act to amend
the Civil Service Law.
SENATOR LIZ KRUEGER:
Explanation.
SENATOR PADAVAN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
First we have to call the roll on
4584
reconsideration, Senator Krueger.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
Senator Morahan.
SENATOR MORAHAN: We'll just
continue to stand at ease.
Can we recall Calendar 1409, Madam
President.
THE SECRETARY: Calendar Number
1409, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8141, an act to amend the Civil Service
Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Robach, an explanation has been requested by
Senator Liz Krueger.
SENATOR ROBACH: All right.
Again, as I just stated earlier,
this bill really requires a change to the
current 20-day notification period prior to
suspending, demoting, or eliminating employees
4585
to what I feel is a much more appropriate
time, given the nature of some of the
challenges, to a 60-day window.
Also given the fact that at some
times there is a process also where people
inside civil service are allowed to look at
other positions that may be available, and
bump and move given the circumstances.
Hence the genesis of the bill.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
yield to a question.
ACTING PRESIDENT McGEE: Senator
Robach, will you continue to yield?
SENATOR ROBACH: Indeed I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
And I do apologize for having left the
chamber. I thought we were on a moment off
before, and I missed your first explanation.
SENATOR ROBACH: Liz, I'm all
about [patting heart].
4586
(Laughter.)
SENATOR LIZ KRUEGER: Thank you.
And in fact, a move from 20 days to
60 days for someone who's being laid off or
someone who's being demoted seems very
legitimate to me.
My concern is that it includes
60 days notice before a suspension. And my
understanding of a suspension is that an
employer believes an employee has done
something unacceptable by the standards of
behavior or policy.
And that having a 60-day timeline
before someone is actually asked to be away
from their work setting may, in many
situations, result in a very difficult
situation continuing at the work site. It may
even be a situation where other employees have
brought a grievance or objection, the employer
or the manager has said, you know, we must do
a suspension.
So my concern is that a 60-day
window is too large for suspension, while I
think it's a right -- I agree with your bill
for layoff or demotion.
4587
SENATOR ROBACH: Just a point of
clarification. For certain things that are
already carved out that would require
immediate suspension, this would not change
those. This would apply more to -- you know,
I worked in the personnel department at Monroe
Community College, and sometimes we'd have
somebody where -- I mean, this really isn't a
digression -- somebody was accused of calling
in a bomb scare. As it turned out, it wasn't
that individual.
For them to have that time frame
for them, their union, even in this case an
attorney to come on board and fight that, I
think the 60-day time period is good for cases
like that.
And also, in current law, the 20
and 20 days have stayed together. I think if
we're going to make it 60, we should keep it
consistent. But again, knowing, in the cases
that you spoke of which are already carved
out -- obviously, anything with arrests,
incarceration, or things of that nature --
that would be -- that's already agreed upon
contractually for that suspension to occur
4588
immediately. It wouldn't affect that part.
This would be more cases that are,
I guess, being challenged. If that makes it
easier for you.
SENATOR LIZ KRUEGER: Yes.
Thank you, Madam President.
Thank you, sponsor.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, would you please call up Calendar
449, by Senator Volker.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
449, by Senator Volker, Senate Print 608A, an
4589
act to amend the Penal Law, in relation to
issuance of junior licenses.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
this is a bill that was before us about a
month and a half ago. And we had a discussion
on this floor as regards the bill which allows
14-to-20-year-olds to obtain junior licenses
for the purpose of target shooting and firing
with the guidance of -- well, for firearm
training, target practice, shooting
competition and so forth.
Presently under the law, young
people under 21 are banned from even learning
target shooting with firearms. Which has put
some people at a gross disadvantage in
competition shooting, as there's a lot of
competition shooting goes on throughout this
country.
The initial bill had a provision in
it that applied to more than just junior
licenses, and it said that there could be no
4590
change in the licensing status by rule of
local jurisdictions.
Senator Paterson and I had a
discussion on this floor, very honestly, about
that, and I pointedly said to him, "What if I
took that provision out?" And he said, "That
would be very good. I would look at the bill
differently."
So we have taken that provision
out. So this bill now just applies to junior
licenses. It has no applicability to any
other licenses and, even in the case of junior
licenses, does not say that the rules could be
changed by local jurisdictions.
So what the bill does is very
simple. It allows somebody between 14 and 20,
under supervision, strict supervision -- and
you can't purchase a gun, obviously, under 21,
so the weapon has to be provided by someone
else who is licensed and, in the case of
training on a target course, would have to be
a safety training person. Because
technically, under the law now, you can't even
touch a firearm when you're under 21, whether
it's licensed or unlicensed.
4591
By the way, this provision was not
really intended when we did the major
so-called gun bill. What happened is that a
agreement arose and there was no licensing at
all, or no ban on licensing -- no age limit.
And what happened is that in the
discussion that went on, the licensing of
young people for purposes of competition and
so forth was frankly omitted. And the
intention was to come back the next year and
to put back in some sort of junior licensing.
The problem is, of course, at the
time we had all the frenzy nationwide which
has now, you know, subsided about opposing
guns and that guns kill people and all that
other nonsense.
So what this bill simply does is
restore what was once provided on a very
limited basis. Which you could do target
shooting years ago. But this provides
specifically for a junior license. But the
person has no right to carry, has no right to
possess, they only have the right to handle
weapons as part of a target-shooting ability
or part of a sport.
4592
ACTING PRESIDENT McGEE: Senator
Sampson.
SENATOR SAMPSON: Madam
President, would the sponsor yield for a
question?
SENATOR VOLKER: Sure.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR SAMPSON: Through you,
Madam President, to the sponsor, would this --
if a person obtains just a junior license,
once they reach a certain age, beyond the ages
that the bill describes, 14 to 20, and they
reach the age of 21, and they apply for a
carry permit, when looking upon their record,
possessing a junior license, would it make it
easier for them to obtain a carry permit?
SENATOR VOLKER: You mean if they
have previously been checked? Because when
you get this license, you have to be checked.
And of course obviously you have to submit
your fingerprints and you have to go through
the normal procedure before you're approved.
So I would assume, since you had
already gone through the normal procedure, it
4593
would be easier to do.
However, this bill does not
provide -- as was requested, by the way, by
some people -- that you automatically can
receive a full carry or target permit or
whatever when you're 21. I would think it
would certainly help you if you could already
assert and show that there was no problems
during your junior permitting period. But it
does not automatically allow you to receive a
full gun permit.
ACTING PRESIDENT McGEE: Senator
Sampson.
SENATOR SAMPSON: Through you,
Madam President, would the sponsor continue to
yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT McGEE: He
continues to yield.
SENATOR SAMPSON: Yes, through
you, Madam President.
So if in fact a youngster who is 20
years of age applies for a junior license and
the following year he turns 21 and he applies
for a carry permit, and in his application he
4594
submits that he is in possession of a junior
license, wouldn't in fact it make it a lot
easier for him to obtain a carry permit?
Because they could look at his
prior history with respect to his junior
license and say, Well, he passed certain
requirements. And as a result, certain
barriers that would exist if he just initially
applied for a carrying permit would not exist.
SENATOR VOLKER: That probably is
true, although he still has to comply with the
rules for permitting, for normal permitting.
He would again have to have his record
checked.
I would assume that certainly in
the City of New York, and probably anyplace
else, they would ask for another set of
fingerprints. Which is normally the way,
frankly, it's done. Because the records are
the records. You know, there may be some way
that you could recheck them, I don't know.
But I just assume that when you
turn 21 that you would have to go through the
exactly same procedure. But I suppose if you
had a junior license, it probably would speed
4595
the procedure up.
SENATOR SAMPSON: On the bill.
ACTING PRESIDENT McGEE: Senator
Sampson, on the bill.
SENATOR SAMPSON: You know, I
understand the purpose of the bill. But the
problem I have with this bill is just it
leaves a loophole and a way to get over the
strict requirements of obtaining a carry
permit.
Because if I'm 19 years of age and
I know that it will be difficult for me to
obtain a full carry permit, so therefore I'll
apply for a junior license, knowing that the
requirements are less restricted. And at the
time I hit 21, I have a history under my
junior license. As a result, I would use that
history in order to obtain a carry permit.
So I just think this is a way to
really circumvent the requirements of
obtaining a carry permit. And as a result of
that, I'll be voting in the negative.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR VOLKER: Can I respond?
4596
Madam President, I just want to respond to
that.
John, I just don't agree with you.
And I think I know what you're saying. I just
don't know anybody who, if they wanted to get
a permit -- they're going to go through the
same procedure whether they had a junior
permit or not. As you say, it's -- the
procedure usually takes, even upstate, four to
six months, in many cases.
The one thing that probably
would -- you could say would be circumvented
would be maybe a little bit of time,
because -- if the fingerprints had already
been submitted and you're submitting them a
second time.
In other words, the licensing
provisions for actual licenses, full licenses,
are not changed. You still have to comply
with those rules.
So I suppose somebody might think
about doing that. But the only thing is why
you'd want to go through the same process
twice, I'm not exactly sure. Unless you
really wanted to learn weapons safety and so
4597
forth.
But I just don't see where -- and
by the way, if you have any kind of violation
while you get your junior license, you'll
probably never get a full license.
SENATOR STAVISKY: Madam
President.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: I have just
one question, if the sponsor will yield.
ACTING PRESIDENT McGEE: Senator
Volker, will you continue to yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR STAVISKY: I'm trying to
reconcile the legislation we passed several
weeks ago involving junior licenses for
archery, where we lowered the age to 12.
And if that archery bill passes the
Assembly and becomes law, are we going to be
back here next year with a bill to lower the
age to 12 on the theory that there should be
comparability between archery and shooting?
4598
SENATOR VOLKER: Let me answer
that question. No.
SENATOR STAVISKY: Thank you.
SENATOR VOLKER: And I'll be very
honest with you, there's a whole different
culture involved in archery than in pistol
shooting. The 14-year-old issue came because
that's basically over the years when they
began to do this sort of thing and learn
safety and all that, before the statute passed
that changed the whole system.
The archery to 12 is because
that -- there are people certainly who now do
archery at 12 years old, I'll tell you right
now. In fact, what we're trying to do is sort
of license something that's already being done
and make it legal.
But I don't see any way that we're
going to make any further changes in junior
licensing, frankly, in the immediate future.
SENATOR STAVISKY: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Madam
4599
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciated Senator Volker's
comments on his bill and the fact that he made
some adjustments to it that may have satisfied
some of the members of this house.
I will just cite one section in my
objection to this bill. The American Academy
of Pediatrics believes that the absence of
guns from children's homes and communities and
and limiting their free access to them is the
most reliable and effective measure to prevent
firearm-related injuries in children and
adolescents.
We shouldn't be making it easier
for children to get access to guns. I won't
disagree that safety training, if you're going
to use guns, is preferable to not having
safety training. But again, as I brought up
on this floor with the archery and
bear-hunting debate, really the best way to
protect children from getting hurt by guns or
hurting others with guns is to not encourage
4600
children to use guns.
So in 2001, before I was in this
Senate, we passed a law excluding young people
under 21 from having easier access to guns.
And I think we should hold by the rule that we
passed then. We should be encouraging our
young people to participate in other kinds of
sports activities that don't involve putting
their lives in danger or other people's lives
in danger.
Thank you, Madam President. I'll
be voting no. I hope others will too.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, I rise because I
feel compelled to make an observation. There
is probably more gun ownership per capita in
my Senate district than any other Senate
district in the state. Senator Wright's may
be a rival, and Senator Little's, but I think
we're close.
There ought to be bodies lying in
the street up there, if Senator Krueger were
4601
correct, but I don't notice that. And places
that have much more restrictive laws, such as
the city of New York, should be relative
islands of tranquility when it comes to gun
violence.
And what I suggest to you is that
Senator Volker mentioned the word "culture."
There is a culture of respect in the North
Country for the use of guns. There is an
understanding that is widespread that they're
not to be used for violence or to deprive
others of their life, liberty, or property.
And the context in which Senator
Volker offers this legislation is one which
fits with that culture, which involves a
respect for the proper and lawful use of guns.
I'll be voting yes.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President. If the sponsor would yield for a
question.
SENATOR VOLKER: Yes.
ACTING PRESIDENT McGEE: The
sponsor yields.
4602
SENATOR SCHNEIDERMAN: The
discussion earlier related to the fact that
this bill purportedly deals with target
shooting and training related to target
practice and competition shooting.
At the bottom of the second page,
though, Section 2, where it's referring to the
types of licenses that -- and it says a
license for a pistol or revolver shall be
issued to A, B, C, D, and it adds here H: "A
person between the ages of 14 and 20, while
undergoing firearm safety training, target
practice, shooting competition or lawful
hunting."
So that seems to indicate that this
authorizes the issue of a junior license for
revolver for a young person to engage in
lawful hunting. And presumably meaning that
if someone is out with a parent or someone
else in the woods, they would be allowed to
hunt under circumstances which are now
prohibited.
So I'm not sure if this is
intentional or not, but it does look like a
loophole in the existing law. And I wonder if
4603
the sponsor could address that.
SENATOR VOLKER: The answer is
no. But, you know, what's interesting is we
were trying to figure out if there's any place
in this state where you can hunt with a
pistol. And we believe that in the
Adirondacks, I believe there's -- I believe
that somebody who already has a rifle can.
But there's something you should
know. This only applies to handguns, to
firearms. It does not apply to rifles. A
14-year-old can obtain a hunting license now,
because our -- the law that we did -- unless
you carry a -- would have carried an illegal
firearm. I mean, a machine gun or something
like that. Which of course no one can do now.
But you can hunt right now under
it. But what this means is, I suppose, if you
are with a person who is a lawful -- has a
lawful firearms license, that is an instructor
or whatever, if you're walking around in the
woods, I suppose you could do target practice.
But you couldn't even carry that weapon,
because you're not authorized to carry a
firearm.
4604
What I believe that section refers
to is that in the process of hunting, I
suppose if you have somebody who is
responsible, then you would be, I suppose,
empowered to do some target shooting.
But keep in mind that in the vast
majority of this state, you can't hunt with a
handgun anyways. It's illegal. You can only
hunt with long arms. So this wouldn't give a
junior licensee any advantage over anyone
else.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
yield for one more question.
SENATOR VOLKER: Mm-hmm.
SENATOR SCHNEIDERMAN: I guess
that I'm really baffled by the inclusion of
the phrase "or lawful hunting" in this
provision at the bottom of the second page,
because I don't see any way to read it.
What you're suggesting is that
lawful hunting with a pistol is so
extraordinarily limited that this would only
apply in a small area. But I don't see that
this indicates someone is out hunting and all
4605
of a sudden stops for target practice. I'm
not sure I understand that that could
possibly -- there's a reference to hunting,
not target practice while hunting.
This does seem to create a
loophole. And I guess what -- what you're
saying is there's only a small area of the
state in which this loophole would apply. I
understand that. But it doesn't seem to me
that this applies to target shooting.
SENATOR VOLKER: You know, I
think the problem here is that we -- and I
hesitate to say that, but because people who
are not familiar with hunting, when you talk
about this -- this doesn't provide any
loophole at all.
And it really doesn't matter
whether -- remember, the person can't legally
hunt with a pistol in any case unless that
person has a pistol permit. In other words,
you just can't walk out because you've got a
hunting license. And there are extremely
limited parts state where even that could be
done.
But if this junior licensee puts
4606
that gun on his hip and walks around hunting,
he could be arrested for illegally carrying
firearm, because this bill does not give any
junior license the power to carry firearms.
But it would give him the power -- if, let's
say, that his father is with him, he's
carrying a firearm, they're hunting together,
whether you can legally hunt or not, he could
stop and say, in the middle of the woods --
which, by the way, happens a lot -- and safely
do some firing. And when that son touches the
gun, he's not illegal.
And that really is what this is all
about. I mean, there is nothing here that
allows a junior licensee to go out and hunt.
What allows that junior licensee to
go out and hunt is to go get a hunting license
and pay the State of New York and go out
and -- technically, he can go out himself.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I appreciate the sponsor's
explanation.
It seems to me that this still does
authorize lawful hunting, although admittedly
the provisions for lawful hunting under these
4607
circumstances are very, very limited. But it
does -- it does seem to be an exception that
may in fact result in the junior licensee
getting a handgun from someone who fits the
categories of this bill and being able to hunt
with it, you know, in addition to safety
training, target practice, and shooting
competition, which are listed before the
phrase "lawful hunting."
Thank you, Madam President.
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, 59. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, we will stand at ease. There will
4608
be an immediate meeting of the Majority in the
Majority Conference Room.
And will you recognize Senator
Schneiderman.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
And there will be an immediate conference of
the Minority in the Minority Conference Room.
ACTING PRESIDENT McGEE:
Immediately conference of the Minority in the
Minority Conference Room.
Immediate conference of the
Majority in the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:05 p.m.)
(Whereupon, the Senate reconvened
at 5:14 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President. Is there any housekeeping at
the desk?
ACTING PRESIDENT McGEE: Yes,
4609
there is.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President. On behalf of Senator Farley,
I offer the following amendments to Calendar
Number 733, Senate Print Number 3871, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Are there any
substitutions at the desk, Madam President?
ACTING PRESIDENT McGEE: Yes,
there are.
The Secretary will read the
substitutions.
THE SECRETARY: On page 8,
Senator DeFrancisco moves to discharge, from
the Committee on Rules, Assembly Bill Number
2546 and substitute it for the identical
4610
Senate Bill Number 2301, Third Reading
Calendar 175.
ACTING PRESIDENT McGEE:
Substitution ordered.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
For the information of the members,
we're going to be working off Calendar Number
59A. There's one bill that we're going to
call up that's not on that calendar. That's
Calendar 1394, by Senator Breslin.
If we can have the noncontroversial
reading, please.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1394.
THE SECRETARY: Calendar Number
1394, substituted earlier by Member of the
Assembly Casale, Assembly Print Number 689B,
an act to authorize approval.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4611
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR MORAHAN: Calendar 59A,
please.
ACTING PRESIDENT McGEE: Senator
Morahan, there was a local fiscal impact note
on that last bill that we just passed.
SENATOR MORAHAN: Thank you.
ACTING PRESIDENT McGEE: Thank
you.
Senator Morahan.
SENATOR MORAHAN: We're now going
to take the noncontroversial reading of
Supplemental Calendar 59A.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1417, by Senator Maziarz, Senate Print 734A,
an act to amend the Retirement and Social
Security Law, in relation to retirement.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
4612
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1438, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1410 and substitute it
for the identical Senate Bill Number 746,
Third Reading Calendar 1438.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1438, by Member of the Assembly Magee,
Assembly Print Number 1410, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4613
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1442, by Senator Robach --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1443, by Senator Bonacic, Senate Print 1342B,
an act to amend the Education Law, in relation
to the parent's right to know.
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, 60.
4614
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1444, by Senator LaValle, Senate Print 1470,
an act to amend the General Municipal Law, in
relation to requirements.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1445, by Senator Hannon, Senate Print 1558B,
an act to authorize the Village of Garden
City, in the County of Nassau.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
4615
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1446, by Senator Johnson, Senate Print 1760A,
an act to amend the Insurance Law and the
Vehicle and Traffic Law, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1447, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5205A and substitute it
4616
for the identical Senate Bill Number 2586A,
Third Reading Calendar 1447.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1447, by Member of the Assembly Schimminger,
Assembly Print Number 5205A, an act to amend
the Retirement and Social Security 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1448, by Senator Robach, Senate Print 2765B,
an act to amend the Retirement and Social
Security Law, in relation to the 25-year/age
50 retirement.
ACTING PRESIDENT McGEE: There is
4617
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1449, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6691A and substitute it
for the identical Senate Bill Number 2977,
Third Reading Calendar 1449.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1449, by Member of the Assembly Gantt,
Assembly Print Number 6691A, an act to amend
Chapter 557 of the Laws of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
4618
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1450, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2533A and substitute it
for the identical Senate Bill Number 3328,
Third Reading Calendar 1450.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1450, by Member of the Assembly Smith,
Assembly Print Number 2533A, an act to amend
the Environmental Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4619
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1451, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7879 and substitute it
for the identical Senate Bill Number 3744,
Third Reading Calendar 1451.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1451, by the Assembly Committee on Rules,
Assembly Print Number 7879, an act to amend
the Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4620
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1452, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3803A and substitute it
for the identical Senate Bill Number 4046A,
Third Reading Calendar 1452.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1452, by Member of the Assembly Stringer,
Assembly Print Number 3803A, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
4621
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1454, by Senator Golden, Senate Print 4184A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1455, by Senator Leibell, Senate Print 4341,
an act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
4622
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1456, by Senator Little, Senate Print 4359, an
act to amend the Public Health Law, in
relation to rates payable.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1457, by Senator Leibell, Senate Print 4475,
an act to amend the Public Officers Law, in
4623
relation to residency requirements.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1458, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7050A and substitute it
for the identical Senate Bill Number 4636A,
Third Reading Calendar 1458.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1458, by Member of the Assembly Sweeney,
Assembly Print Number 7050A, an act to amend
the Navigation Law.
ACTING PRESIDENT McGEE: Call the
4624
roll.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1459, by Senator Wright, Senate Print 4830, an
act to amend the Public Authorities Law and
the Energy Law.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4625
1460, by Senator Velella, Senate Print 5080A,
an act to amend the Labor Law, in relation to
explosives.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 16. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1461, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7427 and substitute it
for the identical Senate Bill Number 5098,
Third Reading Calendar 1461.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1461, by Member of the Assembly Ortiz,
Assembly Print Number 7427, an act to amend
4626
the Administrative Code of the City of
New York.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, I would request that we recall
Calendar Number 1459.
SENATOR MORAHAN: Will you finish
the roll call, please.
SENATOR SCHNEIDERMAN: I
apologize, Madam President, I thought we were
completed.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Schneiderman, Calendar
Number 1459 has left the house.
The Secretary will read.
4627
THE SECRETARY: In relation to
Calendar Number 1462, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8573 and substitute it
for the identical Senate Bill Number 5164,
Third Reading Calendar 1462.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1462, by the Assembly Committee on Rules,
Assembly Print Number 8573, an act to amend
the Education Law and the Tax 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1463, by the Senate Committee on Rules --
4628
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1464, by Senator Saland, Senate Print 5382A,
an act to amend the Education Law, in relation
to contact lenses.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1465, by Senator Farley, Senate Print 5387A,
an act to amend Chapter 3 of the Laws of 1997.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
4629
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1466, by Senator Rath --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1467, by Senator Bonacic, Senate Print 5440,
an act to amend the Public Health Law, in
relation to general hospital payment.
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, 60.
ACTING PRESIDENT McGEE: The bill
4630
is passed.
THE SECRETARY: In relation to
Calendar Number 1469, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8447A and substitute it
for the identical Senate Bill Number 5453,
Third Reading Calendar 1469.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1469, by the Assembly Committee on Rules,
Assembly Print Number 8447A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
4631
Calendar Number 1470, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8310A and substitute it
for the identical Senate Bill Number 5454,
Third Reading Calendar 1470.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1470, by the Assembly Committee on Rules,
Assembly Print Number 8310A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1471, Senator Johnson moves to
discharge, from the Committee on Rules,
4632
Assembly Bill Number 8317A and substitute it
for the identical Senate Bill Number 5455,
Third Reading Calendar 1471.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1471, by the Assembly Committee on Rules,
Assembly Print Number 8317A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1472, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8445A and substitute it
for the identical Senate Bill Number 5456,
4633
Third Reading Calendar 1472.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1472, by the Assembly Committee on Rules,
Assembly Print Number 8445A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1473, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8308A and substitute it
for the identical Senate Bill Number 5457,
Third Reading Calendar 1473.
ACTING PRESIDENT McGEE:
4634
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1473, by the Assembly Committee on Rules,
Assembly Print Number 8308A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1474, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8309A and substitute it
for the identical Senate Bill Number 5458,
Third Reading Calendar 1474.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
4635
THE SECRETARY: Calendar Number
1474, by the Assembly Committee on Rules,
Assembly Print Number 8309A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1475, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8510A and substitute it
for the identical Senate Bill Number 5459,
Third Reading Calendar 1475.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1475, by the Assembly Committee on Rules,
4636
Assembly Print Number 8510A, an act to amend
the Environmental Conservation 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1477, by Senator Velella, Senate Print 5472,
an act to amend the Civil Service 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, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
4637
is passed.
THE SECRETARY: Calendar Number
1478, by Senator LaValle, Senate Print 5482,
an act to amend Chapter 468 of the Laws of
2002 relating to certain domestic partners.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1479, by Senator Fuschillo, Senate Print 5484,
an act to amend the General Business Law, in
relation to the no telemarketing sales calls.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect June 30.
ACTING PRESIDENT McGEE: Call the
roll.
4638
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Just on the
bill, to explain my vote.
This is in answer to the federal
government, the FTC, creating a nationwide "do
not call" registry. There have been some
questions to me and to my office, will the
state maintain a separate list and will the
federal government maintain their own list.
There will only be one "do not
call" registry, it will be the federal
government, and the New York State will work
off of that list with its enforcement powers.
But I vote aye.
ACTING PRESIDENT McGEE: Senator
Fuschillo will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1481, by Senator Marcellino, Senate Print
5506, an act to amend the Environmental
4639
Conservation Law and others, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 16. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I rise to request
unanimous consent in the negative to be
recorded on 1459.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
4640
to be recorded in the negative on Calendar
Number 1438, on 1459, and if I may change my
vote from no to yes on Calendar Number 1477.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DUANE: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Andrews.
SENATOR ANDREWS: Madam
President, I'd like to be recorded in the
negative on 1459.
ACTING PRESIDENT McGEE: Without
objection.
Senator Stavisky.
SENATOR STAVISKY: Madam
President, with unanimous consent I'd like to
be recorded in the negative on Calendar 1459.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President, I would also request unanimous
4641
consent to be recorded in the negative on
Calendar 1459, and also on behalf of Senator
Paterson, without objection.
ACTING PRESIDENT McGEE: Without
objection.
Senator Wright.
SENATOR WRIGHT: Madam President,
I would request unanimous consent to be
recorded in the negative on 1452.
ACTING PRESIDENT McGEE: Without
objection.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. I would also like unanimous
consent to be recorded in the negative on
1459.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LIZ KRUEGER: Thank you.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
On behalf of Senator Parker, I
would move that Senate Bill Number 5367 be
4642
discharged from committee and be recommitted
with instructions to strike the enacting
clause.
ACTING PRESIDENT McGEE: So
ordered.
Senator Lachman.
SENATOR LACHMAN: Madam
President, with your permission I would also
like to be recorded in the negative on 1459.
ACTING PRESIDENT McGEE: Without
objection.
Senator Farley.
SENATOR FARLEY: 1452, I'd like
to be in the negative. I'll be in the
affirmative on 1459.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I would like unanimous
consent to be voted in the negative on
Calendar Number 1454, please.
ACTING PRESIDENT McGEE: 1454,
Senator Bonacic?
SENATOR BONACIC: No, scuse, I
4643
got my numbers mixed up. 1452.
ACTING PRESIDENT McGEE: 1452,
without objection.
SENATOR BONACIC: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1482, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8455B and substitute it
for the identical Senate Bill Number 5509A,
Third Reading Calendar 1482.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1482, by the Assembly Committee on Rules,
Assembly Print Number 8455B, an act to amend
the Election Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4644
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1483, by Senator LaValle, Senate Print 5518,
an act to amend the Public Health Law, in
relation to the registration.
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.)
ACTING PRESIDENT McGEE: Senator
LaValle.
SENATOR LaVALLE: Not on this
bill, Madam President.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator LaValle.
SENATOR LaVALLE: Madam
President, may I have unanimous consent to be
4645
recorded in the negative on Calendar Numbers
1469, 1470, 1471, 1472, 1473, 1474, and 1475.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LaVALLE: Thank you.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
I ask unanimous consent to be recorded in the
negative on Calendar Number 1459.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 1459.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Dilan.
SENATOR DILAN: Madam President,
I request unanimous consent to vote in the
negative on 1459.
ACTING PRESIDENT McGEE: Without
4646
objection.
Senator Diaz.
SENATOR DIAZ: Ditto.
ACTING PRESIDENT McGEE: Without
objection.
Senator Onorato.
SENATOR ONORATO: I'd like
unanimous consent to be recorded in the
negative on Calendar 1459.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1484, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8832 and substitute it
for the identical Senate Bill Number 5539,
Third Reading Calendar 1484.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1484, by the Assembly Committee on Rules,
Assembly Print Number 8832, an act to amend
the Election Law.
4647
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the 50th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I don't know how I
could possibly have missed it, but I missed an
opportunity to lay aside Bill Number 1478. So
that I would like to be recorded in the
negative on that bill.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1485, by Senator Johnson, Senate Print 5551,
4648
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1486, by the Senate Committee on Rules, Senate
Print Number 5552, an act to amend Chapter 454
of the Laws of 2002.
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, 60.
ACTING PRESIDENT McGEE: The bill
4649
is passed.
Senator LaValle.
SENATOR LaVALLE: Madam
President, may I have unanimous consent to be
recorded in the negative on 1485.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can I ask the members to hold their
requests to change their votes until we finish
the consent calendar to register any negative
votes or different votes.
ACTING PRESIDENT McGEE: Thank
you very much. We'll do so.
The Secretary will read.
THE SECRETARY: Calendar Number
1487, by Senator Skelos, Senate Print 5561, an
act to amend the Penal Law, in relation to the
possession of disguised knives.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
4650
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 57. Nays,
3. Senators Duane, McGee, and Montgomery
recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1488, by Senator Volker, Senate Print 5562, an
act to amend the Criminal Procedure Law.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Morahan, that completes the
reading of the noncontroversial calendar,
Supplemental Calendar Number 1.
SENATOR MORAHAN: Thank you,
Madam President. I'd like to go back to
Calendar 59, starting with Calendar Number
880, by Senator Johnson.
ACTING PRESIDENT McGEE: Senator
4651
Duane.
SENATOR DUANE: Madam President,
I believe this is the right moment to change a
vote.
ACTING PRESIDENT McGEE: Now is
the time.
SENATOR DUANE: Then I would like
unanimous consent to be recorded in the
negative on Calendar Numbers 1469, 70, 71, 72,
73, 74, and 75.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DUANE: And also Calendar
Number 1485.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read Calendar
Number 880.
THE SECRETARY: Calendar Number
880, substituted earlier today by Member of
the Assembly Canestrari, Assembly Print Number
5418A, an act to amend the Vehicle and Traffic
Law.
SENATOR SCHNEIDERMAN:
Explanation.
4652
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Thank you,
Madam President.
Many of our counties and New York
City have passed laws where they seize the
vehicle of a drunk driver, keep it, sell it,
and they don't notify the owner, they don't
notify the bank if a bank financed it, they
don't notify the leased company if it's a
leased vehicle, and they dispose of the
vehicle.
It's a big loss to the owners of
the vehicle, and it's of no real benefit to
anybody. And we're trying to correct that
situation by requiring that the local agency
who seized the vehicle shall notify the owner
or the lienholder of the seizure so they can
make arrangements to pick up the car and get
back the value which they have in that
vehicle.
And of course the driver will pay
the penalties, whatever he has to do for his
infraction, but the owner of the vehicle
doesn't have to lose the vehicle.
4653
And this is a bill that is overdue,
it just passed the other house, and I'd like
your support for this today.
Thank you.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield.
ACTING PRESIDENT McGEE: Senator
Johnson?
SENATOR JOHNSON: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Just for clarification, would this
law then override New York City's current
policy when it takes vehicles?
SENATOR JOHNSON: Well, New York
City, I'm glad to say, essentially follows
this procedure. But most other -- like
Rensselaer County doesn't, Nassau doesn't,
Suffolk doesn't, generally. And we would like
everyone to follow the same procedure which
the city does.
4654
But the city is a part of this bill
because it's a statewide bill. And we made it
statewide because other counties may start
this procedure; we'd like that to be followed
the same way in the future.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Senator Johnson, I am very happy
with your bill. My understanding was that New
York City actually opposed the bill because
they were actually going further than you were
proposing would be state law.
But I agree with you, New York City
is going beyond what it should be doing in
protecting the rights of vehicle owners or
others involved with the vehicle even if the
driver may be guilty and should be found
guilty under the law of violating whatever
rules.
So my understanding is your law
would actually stop the City of New York from
going as far as it has gone, which I support
4655
and hope that we will get into law this year.
Thank you very much. I hope people
will vote for this.
ACTING PRESIDENT McGEE: Thank
you.
Any other Senator wishing to speak
on the bill?
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: Next can we
take up 1346, on Calendar 59.
ACTING PRESIDENT McGEE: Senator
Morahan, would you repeat that?
SENATOR MORAHAN: We're going to
be taking up 1346, by Senator Johnson; 1347,
by Senator Volker. Then we're going to go to
193, by Senator Nozzolio, and 718, by Senator
4656
Nozzolio.
ACTING PRESIDENT McGEE: Thank
you.
The Secretary will read.
THE SECRETARY: Calendar Number
1346, by Senator Johnson, Senate Print 579B,
an act to amend the Vehicle and Traffic Law.
SENATOR SABINI: Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Madam
President, this bill adds a new section to the
Vehicle and Traffic Law to define an electric
personal assistive mobility device, commonly
referred to as a Segway.
It also -- this vehicle is a tandem
vehicle, two wheels, electric motor,
gyroscopes. You can ride it on sidewalks, you
can use it in factories, which they do
already. In some communities they use them to
deliver the mail. And they're a very new
invention by a very clever man named Dean
Kamen, who invented this. The fellow also
runs the first robotic competitions for our
school districts.
4657
And this provides that we interpret
what they are and the city or jurisdiction has
jurisdiction over the sidewalks, may regulate
the time, place, or manner of operation, they
can permit it or not permit it.
They've excluded them from the city
already, because New York City is opposed to
the idea of having these vehicles run on their
sidewalks because of the crowded condition of
the city.
And this is one also, I think,
which has passed the other house. And we're
just acquainting everyone with a new method of
transporting oneself about the community.
Any questions?
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I'm just going to speak
briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: There's
some concerns that have been raised about this
piece of legislation by some groups concerned
4658
with the environment and by some organizations
that represent biking groups and groups
concerned with traffic safety.
The two-wheel motorized scooters
that this relates to, while the sponsor has
acknowledged that this would not apply in
New York City, this would essentially preempt
local governments from banning such devices
on -- their use on sidewalks.
It does, I believe, provide
essentially unlimited ability of local
governments to regulate the time, place, and
manner of the use of these devices on the
sidewalks. But these two-wheeled motorized
scooters would be allowed in other parts of
the state and the city to be ridden on the
sidewalks.
And essentially, my understanding
is that all this would do would be to preempt
the ability of the local government to ban
them. It does preserve the ability of the
local government to regulate them in every
other way.
SENATOR JOHNSON: I'm responding
to a question from Senator Schneiderman.
4659
Senator Schneiderman, my attorney
informed me that the power to regulate time,
place, and manner of operation also includes
the ability to ban them completely. That's
the interpretation of my attorney.
SENATOR SCHNEIDERMAN: Oh. All
right. Then I'm not completely sure what this
bill accomplishes at all.
SENATOR JOHNSON: Just if they
are being used, they can regulate when and
where, who can operate them, things of that
nature.
SENATOR SCHNEIDERMAN: So through
you, Madam President, if the sponsor would
yield for one more question.
ACTING PRESIDENT McGEE: Senator
Johnson, will you continue to yield?
SENATOR JOHNSON: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SCHNEIDERMAN: So just to
clarify this, then, this would provide a ban
for the City of New York and in all other
areas essentially confer unlimited authority
4660
on the political subdivisions having
jurisdiction over the sidewalks at issue to
regulate the time, place, and manner,
including a ban?
SENATOR JOHNSON: That's correct.
SENATOR SCHNEIDERMAN: Thank you.
Thank you, Madam President.
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: Those recorded in
the negative on Calendar Number 1346 are
Senators Duane, Hassell-Thompson, L. Krueger,
LaValle, Leibell, Marcellino, McGee, Morahan,
Onorato, Parker, Sabini, Schneiderman, Spano,
and Stavisky. Ayes, 48. Nays, 14.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President, I rise to ask unanimous consent to
4661
be recorded in the negative on Calendar Number
1452 on the supplemental calendar.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1347, by Senator Volker, Senate Print 1108 --
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
this is a bill that has been around for some
years and has frankly been changed over the
years. It was vetoed the by Governor Cuomo in
'93 and by Governor George Pataki in '96.
It is kind of a fascinating bill.
And the reason -- and, by the way, it's passed
both houses on many occasions. And it's
actually in a modified form from what it was
years ago.
If you -- and I'll be the first to
admit, having been a police union official
4662
myself back some 30 years ago, I realize what
this bill, more so I think than a lot of
people, is about. And there's very, very good
reason why the City of New York in the past
has opposed it, although I don't think they
opposed this version. Well, maybe they do.
The Conference of Mayors opposes it.
And the reason is it has to do with
negotiations -- even though negotiations are
specifically excluded here -- and it has to do
with the fact that some law enforcement
officers at times -- and this is not
necessarily a crime, by the way. This has to
do with charges brought against police
officers, and sometimes those charges are
brought for political reasons and other
reasons.
Madam President, I hesitate to do
this, but I'm having trouble hearing myself.
ACTING PRESIDENT McGEE: Can we
have some order, please.
SENATOR VOLKER: Thank you.
At any rate, what this bill does --
and it by no means, as I think some people
have thought, says that if you communicate
4663
with an elected police official, that
everything that is talked to that official is
excluded. And where -- unless the person
speaks to -- that is, the police officer who
is involved in some sort of an incident --
which often, by the way, is an issue that has
to do with disciplinary reasons -- then that
elected police official cannot be forced to
speak to whatever it is, whether it's
superiors or in some cases it could be to
speak to a court. It rarely would be a grand
jury, because normally that doesn't happen.
And if there's any issue of a
crime, for instance, outside of his
employment, then that police officer, even the
elected police officer, has to be candid.
Now, most of the time what happens with these
sort of things is that the local jurisdiction
never would call the police official in,
frankly, unless it has more to do with
discipline than anything else.
This bill, if you read the bill
you'll see that it's quite specific, quite
limited. It establishes a privilege for very
limited communications with an elected union
4664
official only after the person has sought
counsel. It does not really involve
bargaining. As you'll see in Section 3, it
says notwithstanding the protections. They
can be waived for the usual reasons.
The person who may claim the
privilege is the member, the guardian,
committee or conservator of the member or
personal representative of a deceased member.
Now, the reason, by the way, that
the Trial Lawyers have opposed this is partly
for civil reasons, where there's some sort of
civil suit. And they're not so worried
certainly about criminal issues, but I think
they're more worried about civil issues,
because this would lap over into civil cases.
I would only say that there are a
number of people, as you well know, who have
certain privileges, privileged communications.
The particular problem for a law enforcement
officer is that he or she is in a different
position from many other people. In a regular
union negotiation, the representatives of the
union ignore anybody, they just don't tell
them. And there's really nothing, almost
4665
nothing that anybody can do to force them to
do it. So they are in a unique position.
This is really not as much about
criminal issues as I believe it's about
disciplinary issues. And that's a major
reason why the Conference of Mayors and why
the various people that deal with law
enforcement operations oppose this. If you
ask them, they'll say, Well, they've got
binding arbitration and we, we don't have
enough strength. It really has nothing to do
with any of that.
It has to do with individual law
enforcement officers who get themselves into
some sort of a problem and want to confer with
an official, elected official of the union,
who sometimes then can decide on how the
representation will be provided for them; in
fact, very often is the reason that they'll
provide representation.
Sometimes the law enforcement
union -- it happened to me once, said we're
not going to defend you because you've got
yourself a problem, good luck. But most of
the time you would provide that person with
4666
some sort of assistance in clearing up a
particular situation.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: It is a
bill that we've seen often, as the sponsor
acknowledges. The difficulty many of us have
with this piece of legislation, which is
opposed by the Bar Association and the
Conference of Mayors and Municipal Officials,
is that this essentially elevates a union
official, a conversation with a union official
into the very, very carefully circumscribed
realm of privileged communications --
psychologists, social workers, attorneys,
members of the clergy, a doctor.
And it does so in a way that
essentially creates a privilege only because
this happens to be the way people are doing
business and they want to have protection for
something that otherwise would be a regular
4667
unprivileged communication.
It really comes very close to being
unlicensed practice of law, in my view, if
you're talking about providing a broad sphere
in which a long conversation can go on about
the nature of the incident and what kind of
legal representation would be required. And
if you don't have that sort of a broad
conversation, then you don't really need the
privilege, because there's really nothing to
hide.
I also note that this really takes
the union officials out of all of the areas
with which they have substantive
responsibility and knowledge, because it
excludes from the official duties that might
be subject to this privileged conversation
issues concerning wages, hours and working
conditions, collective bargaining agreements,
and retirement benefits.
So it really is just sort of
creating this special bubble of privilege for
the unlicensed practice of law by particular
union officials in these very particular
circumstances. And I don't see that it's
4668
required. I think there are plenty of other
ways to accomplish the same result. And if
this is just something they've gotten used to
doing, I don't think that's a reason to modify
the law.
So I will vote no, as I did last
year and the year before. And maybe we can
come up with an alternative way to confront
this issue that doesn't improperly enlarge
what should be a very circumscribed realm
legally, which is the realm of privileged
communications.
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: Those recorded in
the negative on Calendar Number 1347 are
Senators Andrews, Dilán, Duane,
Hassell-Thompson, L. Krueger, Montgomery,
Parker, Paterson, Schneiderman, M. Smith, and
4669
Stavisky. Ayes, 51. Nays, 11.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1347, also Senator Lachman.
Ayes, 50. Nays, 12.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I'd like
unanimous consent to be recorded in the
negative on Calendar 1346.
ACTING PRESIDENT McGEE: Without
objection.
Senator Lachman.
SENATOR LACHMAN: She took the
words out of my mouth, Madam President. I ask
unanimous consent to be recorded in the
negative on 1346.
ACTING PRESIDENT McGEE: Without
objection.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I ask to be recorded in the
negative on Calendar Number 1452, Bill Number
4670
4046A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I would request unanimous consent
to be recorded in the negative on Calendar
Number 1346.
ACTING PRESIDENT McGEE: 1346?
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, without objection, I'd like to be
recorded in the negative on Calendars 1459 and
1358.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read Calendar
Number 193.
THE SECRETARY: Calendar Number
193, by Senator Nozzolio, Senate Print 438A,
an act to amend the Correction Law.
SENATOR MALCOLM SMITH:
4671
Explanation.
SENATOR LIZ KRUEGER:
Explanation.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested by
several people.
SENATOR NOZZOLIO: All at once,
Madam President?
ACTING PRESIDENT McGEE: Yes,
Senators Schneiderman and Krueger.
SENATOR NOZZOLIO: Thank you,
Madam President. My colleagues, I'd be
pleased to explain S438A.
It's an A print because we took the
Assembly print, sponsored by Assemblyman
Aubry, and placed it as an amendment to my
original bill, which establishes a requirement
to have those who are going through our
correctional system, prisoners in our state
system, to be required to go forward in the
process, to prepare our inmates for the
outside world by giving them at the very
minimum the opportunity, the encouragement to
4672
obtain a GED.
That a high school equivalency
diploma is the absolute minimum that is
required in today's workforce, and that it is
apparent that the Department of Corrections is
extremely involved in educating inmates. And
that what we're suggesting by this legislation
is that those who are capable should be
participating in high school equivalency
degree programs in our state prisons.
No inmate shall be denied parole or
conditional release or supervision or
otherwise penalized for failure to meet these
requirements who has not been afforded
reasonable opportunity to comply with them.
But rather than have someone sit in a prison
cell and not go to school in our prison system
is prison malpractice.
And that we should have, at the
very minimum, inmates instilled in a program
so that they, when they get out on parole,
will have with them at the very minimum a high
school equivalency.
ACTING PRESIDENT McGEE: Senator
Krueger.
4673
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield for a question.
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you yield for some questions?
SENATOR NOZZOLIO: To some
questions, Madam President?
SENATOR LIZ KRUEGER: Perhaps
some questions.
ACTING PRESIDENT McGEE: I
suspect some.
SENATOR NOZZOLIO: Let's take a
question at a time, Madam President.
ACTING PRESIDENT McGEE: One at a
time, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
And I apologize, I did realize
there's the A memo and your previous. So I
was reading an old memo, your new bill, and
now looking through the new memo, the amended
version. And I think many of my questions are
addressed actually through your amended
version, so I appreciate that.
But I would like to ask you, what
4674
is the definition of somebody who is
determined capable of completing the academic
work required for a general equivalency
diploma? Because as I read your A version, if
somebody evaluates them as capable of
completing a GED then they have to complete a
GED.
But what's the definition of who's
evaluating it, and by what standards? Because
you and I might not agree that somebody is or
is not capable of completing a GED.
SENATOR NOZZOLIO: Page 2, Madam
President, of the legislation, Section 2,
lines 12 through approximately 40 outline how
this process unfolds and that every prisoner
coming into the system is evaluated. That
evaluation is taking a number of steps, and
that the evaluation looks at the inmate's
ability to read and write and compute and that
math skills and reading skills are then
determined.
That evaluation is as every school
child in our state is evaluated and given a
grade level of competence. That competence
level is part of the evaluation. And that is
4675
I believe, Madam President, what Senator
Krueger is referring to.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. And if the sponsor would
yield to an additional, second question.
ACTING PRESIDENT McGEE: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Madam
President, I'd be happy to yield to an
additional question.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Madam President. Thank you, sponsor.
So this bill, again, would take
effect three years after it becomes law and
only if we actually offer the programs
available to allow prisoners in any individual
prison to participate and only after they've
been evaluated as being potentially able to
pass a GED.
So that there are a number of
safeguards built in that would make sure that
4676
somebody is not kept in prison and not allowed
parole because of their own educational
limitations or the fact that the programs
weren't available; is that correct?
SENATOR NOZZOLIO: Madam
President, I believe Senator Krueger's
interpretation is correct.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. Just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes, thank
you.
I appreciate Senator Nozzolio's
concern that we should be doing everything in
our power to encourage inmates to raise their
level of functioning. And literacy is
certainly important. I do, however, have some
reservations, because there are a couple of
things that operate against the idea of the
4677
bill.
One is that there are so many of
the inmates who are currently coming before
the parole board who are just automatically
refused any parole, any -- so there's loss of
hope of receiving parole by many people. And
it certainly doesn't help if this is not, in
fact, going to be helpful to people when they
come before the parole board. And at this
present time it doesn't seem that
participation in programs in Corrections is
helpful.
The other problem is I'm not
convinced at this moment that we have the
capacity in DOCS to actually provide the GED
programming for enough inmates. So that even
if it were to be considered as part of their
rehabilitation, it may not be possible for
them to access it. And therefore, it might
impede their parole possibilities.
I know that there are organizations
who are very much involved in providing
educational services within DOCS, and I'm
extremely supportive of that. I believe that
we need to do not only GED but even beyond.
4678
And I certainly hope that we will at some
point get to the point where we can discuss
increasing the educational opportunities that
are available for inmates, especially those
who are going to be returning to communities,
because many of them return to communities
like mine.
So I do have some reservations
about this legislation, but I will support the
legislation because I believe that it moves in
the right direction. And hopefully Senator
Nozzolio will consider going even beyond the
GED at some point in time.
Thank you.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Thank you, Madam
President. Would the sponsor please yield for
a question or two. Or three or four.
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you yield for a question?
SENATOR NOZZOLIO: Yes, Madam
President.
SENATOR DIAZ: Thank you.
Senator, when a person violates the
4679
law and appears in front of a judge for
sentencing, the judge in charge of the
sentencing will dictate to that person the
penalties and the amount of time that the
person should serve and the condition to which
that person should be released, ain't that so?
SENATOR NOZZOLIO: Madam
President, I believe --
SENATOR DIAZ: I can repeat
myself, Senator Nozzolio.
SENATOR NOZZOLIO: -- that in
sentencing there are certain procedures and
that judges follow those procedures outlining
to the convicted how long -- what they're
being sentenced for and how long that sentence
is to be.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Through you, Madam
President, would he continue to yield?
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you continue to yield?
SENATOR NOZZOLIO: Yes, Madam
President.
SENATOR DIAZ: Why I'm concerned,
4680
Senator, is that if I violate the law and the
judge sentences me to four years in prison and
with some time to see a parole board, your
bill, is that an extra sentencing to the
inmate besides the one that the judge already
gave?
SENATOR NOZZOLIO: Madam
President, the Senator's question -- to answer
the Senator's question, I'd say absolutely
not. This is not extending an inmate's
sentence.
It is, in effect, telling the
inmate and the parole board that that is
certainly -- that receiving a high school
equivalency degree is something that would in
fact hasten their ability to be paroled.
SENATOR DIAZ: Madam President.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: On the bill.
ACTING PRESIDENT McGEE: On the
bill. Senator Diaz, on the bill.
SENATOR DIAZ: I for one would
like to see some kind of program in our -- in
the prison institutions that would motivate
4681
the inmates to prepare themselves to acquire
an education.
But it bothers me to impose onto a
person, an inmate, another sentencing besides
what the judge already dictates: If you don't
get a high school diploma, you will not be
able to get released on parole. I think that
that's too much for me to swallow.
I would like to see a program in
which our institutions will motivate the
inmates to better themselves. But to tell a
person who just violated the law and he was
sentenced and the person just behaved as a
good human being in the jail and do his or her
time and they don't want to go to school, I
think that's up to the person. As long as
they behave as a human being in the prison.
But to tell them if you don't get
an education, you are not coming out, I think
that that's too much for me to swallow.
That's why I will be voting no on this bill.
SENATOR NOZZOLIO: Madam
President.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
4682
SENATOR NOZZOLIO: Would the
Senator yield?
ACTING PRESIDENT McGEE: Senator,
will you yield for a question?
SENATOR NOZZOLIO: Not a
question, Madam President.
But I would just like to point out,
Madam President, through you, that the
Senator's comments need to be tempered with
the knowledge that the actual diploma,
although we would certainly prefer someone to
have that high school diploma, that we're not
going to -- this legislation does not
eliminate the possibility of parole because
you do not have it.
But we are asking the inmates of
this state to participate in at least 150
hours of coursework prior to their release.
And that, my colleagues, is I think the
essence of what the prison system should be
all about, which is to rehabilitate. And that
the quintessential element of rehabilitation I
believe exists in education.
And that's -- Madam President, I
just wanted to clarify that point. The
4683
Senator's good question I believe certainly
required us to point out that the actual
diploma is not what this bill is requiring.
It certainly prefers it, but we're saying the
coursework would also be sufficient to receive
consideration for parole.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Would the Senator
yield, please?
ACTING PRESIDENT McGEE: Senator
Nozzolio?
SENATOR NOZZOLIO: Yes, Madam
President.
ACTING PRESIDENT McGEE: He
yields.
SENATOR DIAZ: Let me see if I
can get a clear understanding on this. The
bill does not require a GED diploma in order
for them to get parole?
SENATOR NOZZOLIO: If, Madam
President, the individual had made a good
faith effort to participate and that that
participation amounted to at least 150 hours
of coursework.
4684
SENATOR DIAZ: Would the Senator
yield?
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you continue to yield?
SENATOR NOZZOLIO: Yes, Madam
President.
SENATOR DIAZ: Senator, don't you
think that that's imposing an extra sentencing
to the inmate?
SENATOR NOZZOLIO: Madam
President, it may. But the fact of the matter
is I have been in too many prisons across this
state where inmates are idle, where inmates
are not participating in programs, where
inmates are not involving themselves in the
educational opportunities that are available.
You can lead a horse to water, you
cannot make the horse drink. That we are
asking those inmates to say -- to evaluate
their own lives, saying yes, I do have to do
this now, it's something that we do want to
move forward with.
SENATOR DIAZ: Madam President --
ACTING PRESIDENT McGEE: Senator
Diaz.
4685
SENATOR DIAZ: -- on the bill.
My problem, I am for, I am
thoroughly, heartfully, I believe in giving
the opportunity to people to better
themselves. And an inmate should, should try
to better himself or herself who are there in
prison. And they should take into
consideration and take the opportunities
offered to them to better themselves. I
believe in that. I believe that they should
better themselves.
What I don't quite understand is
why, if a person -- as long as the person
don't violate the law inside prison, if the
person has been sentenced and they are a role
model and they behave in a manner that they
are not violating anyone, that they are doing
their time in peace, why tell them, You cannot
go out on parole unless you get a GED diploma?
That's what bothers me.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill.
4686
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I just
want to underline that there are two parts of
this legislation, which I think is -- I think
this is a good bill dealing with a difficult
area.
In addition to the requirement that
inmates make a good-faith effort -- and again,
you know, 150 hours of study is a lot of
study. But if you've got a long time in
prison -- and I must admit to being prejudiced
in this area. I actually, before I went to
law school, worked in a program that provided
these services to prisoners and it was
tremendously satisfying to see some people get
their GEDs under those circumstances.
This also requires the department
to ensure that academic education programs
which provide the appropriate curriculum and
certified academic staff for general
equivalency diplomas are available at all
correctional facilities.
So this is the second element.
It's not just putting a burden on the
4687
prisoners, it is requiring the department to
do something which they are not currently
required to provide.
So I view this as a positive step
because of that second provision, that this is
at least going to help us move in the
direction of having better services available
in all the correctional facilities of the
state.
So I will support this bill, and I
urge my colleagues to do likewise.
ACTING PRESIDENT McGEE: Senator
Little.
SENATOR LITTLE: Thank you, Madam
President. Just on the bill.
I would like to commend the sponsor
of this bill. I recently visited Washington
Correctional Facility, in my district, where
over 50 percent of the inmates are 21. And
their GED passage rate is always over
90 percent, which is better than many of our
schools.
So I believe that this is a good
bill, because not only are we offering the
opportunity -- and perhaps the inmate may not
4688
pass the GED, but spending 150 hours in an
educational academic atmosphere, through
osmosis, they must be able to get some
information out of this plan.
And I just support the bill and
encourage everyone to do so as well.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect three years after it
shall have become law.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
2. Senators Diaz and Duane recorded in
negative. Excuse me. Also Senator Dilán.
Ayes, 59. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
The Secretary will read Calendar
Number 718.
THE SECRETARY: Calendar Number
718, by Senator Nozzolio, Senate Print 963, an
4689
act to amend the Correction Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested.
SENATOR NOZZOLIO: Thank you,
Madam President.
My colleagues, this measure is
necessary to ensure that the employees of the
Office of Mental Health who work in the prison
mental health units -- now, these are OMH
employees but are working inside prison
facilities -- receive the same immunities from
civil damages for their actions as well as the
same type of immunities that all other prison
employees, the DOCS employees, Department of
Correctional Service employees have as well.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
for a question.
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you yield for a question?
SENATOR NOZZOLIO: Yes, Madam
4690
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: Are there
any other OMH employees other than the ones
covered by this bill, OMH employees providing
these services not in a correctional setting
that have a similar ability to avoid a jury
trial? Or is this only limited to the OMH
employees in the correctional facilities?
SENATOR NOZZOLIO: Madam
President, this measure only deals with those
OMH employees who are working within
correctional facilities.
I'm not sure if OMH employees work
in other state facilities and what types of
immunities there may be for those OMH
employees working in other facilities. I do
not know the answer to Senator Schneiderman's
question.
However, I would indicate that this
type of immunity is identical to the immunity
provided to DOCS employees who are working
side by side with OMH employees within prison
facilities.
4691
SENATOR SCHNEIDERMAN: Thank you.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I think
that this bill is part of a pattern of
legislation -- most of it, I believe
fortunately, doesn't become law -- which seeks
to create a two-tier system of justice in this
state.
There have been proposals to limit
a plaintiff's right to a trial by jury. And
given the inability to pass generalized
reforms of our civil justice system that are
sought by opponents of the current system and
opponents of jury trials, they're whittling
away by exempting various agencies that are
subject to our control from trials by jury.
And what we have here, and this has
been proposed to be expanded -- the City of
New York had a proposal for all actions
against the City of New York to be brought to
the Court of Claims. What we're creating by
this process is really a two-tier system of
justice where, if you are injured in the
4692
context of the private sector, you're a
well-to-do person, injured, is not receiving
services in a prison but somewhere else, you
have a right to trial by jury, and, if you
have the misfortune to be in prison or be
subject to any of the other exemptions that
are being proposed, you don't have a right to
trial by jury.
Trial by jury is a fundamentally
important right to all Americans. And the
notion that we should whittle that down and
provide increased exemptions really creates a
two-tier system of justice. There are not
provisions that are being passed or proposed
in any of these bills that really affect
anyone except the most indigent members of our
society.
And I would urge that we shouldn't
be seeking to take the ability away from
jurors to make judgments and issue verdicts
unless it's absolutely essential for the
functioning of a government entity. I don't
see that it is in this case.
And it seems to me to be clear that
the same OMH employee outside of a facility
4693
providing the same service who injures someone
through misconduct would face a trial by jury,
but as soon as you walk into the correctional
facility, you wouldn't.
That doesn't make sense to me, and
I am opposed to this whittling away of the
right to trial by jury. And I will vote no
and urge everyone else to do likewise.
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: Those recorded in
the negative on Calendar Number 718 are
Senators Duane, Hassell-Thompson, L. Krueger,
Montgomery, Paterson and Schneiderman. Ayes,
56. Nays, 6.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Lachman.
SENATOR LACHMAN: Yes, I request
unanimous consent to be listed as voting yes
4694
on Bill 1347.
ACTING PRESIDENT McGEE: In the
affirmative, Senator Lachman?
SENATOR LACHMAN: In the
affirmative.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1434
on the original calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1434, by Senator Skelos, Senate Print 5554, an
act to amend the Criminal Procedure Law, in
relation to eliminating.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: Thank you.
I certainly understand the reason
4695
for this piece of legislation. However, I'm
going to vote in opposition to it.
Generally, in cases where DNA can
be collected, I think that the statute of
limitations should be extended for those that
involve sexual assault. And unfortunately,
this bill is too overbroad because it includes
other violent felonies where I think that
there's a strong reason to have a statute of
limitations.
Sexual assault is different, and I
think that the advent of DNA technology has
made it possible for us to extend the statute
of limitations in those cases.
So while I'm going to be voting in
the negative on this bill, I do also want to
raise the issue of those persons who have been
the victims of sexual abuse at the hands of
clergy members and other persons in positions
of authority. And even though I believe that
there are records of those who perpetrated
these crimes kept by various institutions, the
time for the victim to take advantage of that
information has expired.
So I do think that that's an area
4696
where we need to expand the statute of
limitations. And I think that it's a big
error on the part of the Legislature this year
to not take up the issue of clergy abuse and
abuse at the hands of other persons in
authority.
On May 20th, and I invited my
colleagues to come to this forum -- and a
couple of you thankfully did come -- we heard
from numerous persons who were victimized at
the hands of authority figures and members of
the clergy. And while it was very difficult
for them to come forward, as many of them were
coming forward for the first time, they did so
in the hope that it would advance this
legislation and allow them to have a day in
court.
But here we are the day before the
end of session, and the clergy abuse package
of legislation has not been addressed by this
body.
I think that we need to expand the
window of opportunity to raise civil -- to
bring civil cases and for law enforcement
people to bring forward criminal cases. And I
4697
also think that we need to force institutions
that may have information about suspected and
actual cases of child abuse to put that
information on the record.
So sadly, without a message of
necessity from the Governor, this package of
clergy abuse and abuse at the hands of persons
in authority bills will not be able to move in
this session. But I urge my colleagues not to
forget this issue, to keep it as a very
important goal for us to pass this legislation
and make this a reality so that those who have
been victimized can have their day in court
and can have redress for what was done to
them.
Thank you, Madam President. And
again, though I agree with some of the goals
of this piece of legislation, I don't agree
with all of them, and I'll be voting in the
negative.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4698
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.
SENATOR MORAHAN: On the original
calendar, Calendar 59, we want to lay aside
for the day Calendar 141, 745, and 746.
ACTING PRESIDENT McGEE: The
bills are laid aside for the day. Thank you.
SENATOR MORAHAN: Now we will go
to the controversial reading of the
Supplemental Calendar 59A.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1442, by Senator Robach, Senate Print 1199, an
act to amend the Family Court Act, in relation
to the placement of youths.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT McGEE: Senator
Robach, an explanation has been requested.
SENATOR ROBACH: Yes, Madam
4699
President.
This is a bill that would permit
Family Court judges to increase the current
period of confinement from the present 18
months to 36 months. It mandates that a
minimum of half of that sentence must in fact
be served, and mandates restrictive placement
where serious physical injury has occurred,
really in response to a lot of calls to try
and better address the alarming and somewhat
sad amount of increased juvenile violence that
often is sometimes the most heinous and savage
crimes we have in our communities, often
committed by young people.
And many Family Court judges have
called for allowing them to have longer
sentences, to not treat some of the more minor
crimes they have to with the same amount of
sentencing as those young people in violent
crimes.
I think this is a logical
incremental step. As you know, there are some
other proposals out there that would certainly
even treat these youthful offenders with even
some increased measures, but I feel this is a
4700
logical intermediate step and, again, one that
was proposed by Family Court judges
themselves, people working in the system and
working with these sentences every day.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like to ask if Senator
Robach would yield for a question.
ACTING PRESIDENT McGEE: Senator
Robach, will you yield?
SENATOR ROBACH: I gladly would.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MONTGOMERY: Okay, thank
you.
Senator Robach, I don't have any
statistics to go on. I was just wondering,
this bill, which extends the time, do we
have -- is this based on a large number of
incidents of young people who are below the
age of 14?
SENATOR ROBACH: I think it is --
yeah, clearly I can say -- I cannot give you
the statistic specifically, but I think that
4701
one only has to pick up the newspaper and know
that while we don't know the reason, there has
certainly been an escalating amount of violent
crime both in number and, I would also say, in
severity of violence committed by young
people.
And the judges themselves feel very
handcuffed when even the most horrific cases,
the maximum time they can give is 18 months
currently. So oftentimes up you will have
someone who has brutalized, let's say, a
senior citizen woman both physically and
sexually getting the same sentence as a youth
that may have in fact taken a joyride in a
car. Neither one is a good thing, but
certainly I think all of us would agree that
one is more severe and probably, even from a
protective standpoint, should have a longer
sentence to keep them away from the general
public. That's really what this is about.
I don't have the exact number,
Senator Montgomery, but there is no
question -- I do know from looking at those,
if you charted those, that number clearly has
gone up in young people both under 14 as well
4702
as between 14 and 16.
SENATOR MONTGOMERY: If Senator
Robach would continue to yield.
ACTING PRESIDENT McGEE: Senator
Robach, will you continue to yield?
SENATOR ROBACH: Absolutely.
SENATOR MONTGOMERY: Senator
Robach, it is my understanding if there is a
serious felony committed by a 14 and up, that
they -- there is already the option of them
being tried in criminal court as opposed to
Family Court already, that we already have
that option, as I understand.
SENATOR ROBACH: That's probably
true on some type of offenses.
I think what this would do, if you
look in the middle part of the bill, it's
Section 5, what this would really do is for
certain violent crimes would give judges,
depending on the type of felony and the
charge, again, the ability to give, for a
Class A felony, up to 36 months, for a Class B
felony, up to 30 months, a C felony, 24
months.
It probably would not exclude in
4703
some places where they could be tried as
adults. But there's a lot of other violent
felonies that wouldn't be tried that way,
which would give them a wider range of not
only charges, given the circumstances, but
also sentencing.
And again, this is allowable up to,
not, again, maximized.
SENATOR MONTGOMERY: All right.
Through you again, Madam President, I just
would like to ask Senator Robach another
question.
ACTING PRESIDENT McGEE: Senator
Robach, do you continue to yield?
SENATOR ROBACH: Certainly, Madam
President.
SENATOR MONTGOMERY: So even in
any case, if there is a young person who has
been sentenced based on the juvenile -- the
law that already exists, is it not the case
that in certain instances once that juvenile
turns 16 they can automatically be placed in
the regular prison, in DOCS?
SENATOR ROBACH: You know, I
think each case is different in how it's
4704
interpreted and done.
Again, this is not -- this is
another tool for them to use. Sometimes,
Senator Montgomery, that might be in lieu of
trying to try an individual as an adult. It
could be a number of things.
But right now, if they want to stay
in Family Court, this is about, again,
extending for those violent-type felonies the
ability of them to go up to 36 months in
Family Court rather than the current 18
months.
And I again would say I think that
you'd be hard-pressed to find anybody in the
judicial system, from New York City to
anywhere in the upstate New York counties, a
Family Court judge that wouldn't tell you they
could utilize this tool and need it.
And you could look at this from one
of two ways. Without this, it may make it
more likely that some people try to be tried
as an adult. Or you could look at it from the
other side, of saying it in fact does increase
the penalties in Family Court for the most
violent youth.
4705
SENATOR MONTGOMERY: All right.
Thank you.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you. I think Senator Robach has answered a
couple of the issues that I would be concerned
about with this legislation. One is that we
are increasing the penalties and in some cases
the judge is going to be much more likely to
give the maximum as opposed to something less.
And we are increasing the penalties and the
maximum length of time.
The other issue that I have
concerns about with this legislation is that
we do not have a system that adequately
supports the Family Court in their
decision-making, and we do not have a number
of options that are available to them except
under very, very specific and rare
circumstances.
I.e., there is a court in my
district that is a community court where young
people are sentenced under very different
circumstances. There are a number of support
4706
systems, agencies that are in the court
building that the judge can call on and have
available as alternatives for especially young
people.
And I think that a lot of what the
criminal justice system does is immediately
put people on track moving toward the adult
system, as opposed to trying to do early
intervention as well as prevention.
So I am going to oppose this bill.
I'm voting no because I think that when we're
dealing with juveniles, we need to be much
more careful and we need to think
comprehensively about how do you approach the
issue of violence among young people,
especially at a very early age. And it's
different, because children are different,
from the way that we approach adults in terms
of violent behavior.
So I understand Senator Robach's
interest in making it possible for judges to
just give them more time. But I also have to
stick with the -- my position as a
professional who's dealt with young people.
And I've talked to so many people in the
4707
criminal justice system -- police officers,
judges, and what have you, and I know that
there is a very different outcome if the judge
has options and if there are support systems
in place that the judge can link that young
person with and create an environment where we
can change behavior as opposed to just
approaching it as a punitive measure.
So I'm voting no, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1442 are
Senators Duane, Hassell-Thompson, and
Montgomery. Ayes, 59. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I'd like
4708
unanimous consent, please, to be recorded in
the negative on Calendar 1483.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 1403.
ACTING PRESIDENT McGEE: Without
objection.
Senator Brown.
SENATOR BROWN: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1347.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1463, by the Senate Committee on Rules, Senate
Print Number 5190, an act to amend the Tax Law
and Chapter 535 of the Laws of 1987.
SENATOR SABINI: Explanation.
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: This is a
4709
two-year extender of the income tax surcharge
for the City of Yonkers.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Yes, Madam
President. If the sponsor would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Spano, will you yield for a question, please?
SENATOR SPANO: Yes.
SENATOR SABINI: Senator, in
reading the sponsor's memorandum I also noted
there's a nonresident earnings tax that is to
be extended. What is that all about?
SENATOR SPANO: During the fiscal
crisis about a decade ago of the city of
Yonkers, the city council chose to impose a
series of measures to alleviate their fiscal
problems. Income tax surcharge, mortgage
recording tax were both two of the measures
that were imposed.
Each two years, we extend that.
This is the home-rule message from the City of
Yonkers asking for the extension.
To answer your question
4710
specifically, the income tax surcharge was
authorized for the city council to impose up
to 19 percent on the state income tax. The
nonresident rate I believe was up to 1 percent
of the gross earnings.
Yonkers has been phasing out the
income tax surcharge. Right now they're down
to 5 percent, and the nonresident's portion is
one-quarter of 1 percent. It's their
intention to phase out these taxes. But in
terms of their fiscal plan for this year, they
need to have the benefit of the money that's
raised from both of these taxes.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: I just wanted to
note with interest and curiosity that a
nonresident earnings tax is, I assume, also
known as a commuter tax.
And I don't see my colleagues from
the counties north of the city of New York
4711
rushing to pass a New York City commuter tax,
which we were -- had taken away from us and
created a gap in the city's budget. And I
just find it interesting that it doesn't seem
what's good for the goose here is good for the
gander.
I don't want to cause the citizens
of the city of Yonkers any fiscal harm, but I
wanted to note that this is a commuter tax.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. 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
1466, by Senator Rath, Senate Print 5430, an
act to amend the General Municipal Law and the
State Finance Law.
SENATOR STAVISKY: Explanation.
4712
ACTING PRESIDENT McGEE: Senator
Rath, an explanation has been requested by
Senator Stavisky.
SENATOR RATH: Madam President,
this bill provides that a general salary
deduction of municipal and state employees can
be taken from their checks if they decide they
want to make a contribution to the
campus-related foundations of the SUNY
schools.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, if the sponsor would yield to just
two or three questions.
ACTING PRESIDENT McGEE: Senator
Rath, will you yield for some questions?
SENATOR RATH: Surely.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR STAVISKY: Senator Rath,
what is the purpose of these campus-related
foundations? What functions do they perform?
What services do they provide?
ACTING PRESIDENT McGEE: Would
4713
you suffer an interruption at this moment.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. There will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Thank you so much for the
interruption.
Senator Stavisky, would you care to
repeat the question?
SENATOR STAVISKY: Shall I repeat
the question?
SENATOR RATH: Yes, these are
not-for-profit foundations, of course. And I
think that they do scholarships and good works
for the school and the kinds of things that
you see foundations -- they invest and they
provide substantial contributions to the
schools and have many and varied purposes.
SENATOR STAVISKY: I'm asking,
Madam President, if the sponsor would
continue.
4714
ACTING PRESIDENT McGEE: Senator
Rath, would you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR STAVISKY: Using SUNY
Buffalo as an example, what are some of the
programs that the foundation would be involved
with?
I'm just concerned, Madam
President, that these are legitimate
education-related functions.
SENATOR RATH: The enrichment
programs, I think the student scholarship,
faculty development, these are the kinds of
things that I think traditionally we see the
foundations participating in.
SENATOR STAVISKY: And my last
question, if the Senator would yield.
ACTING PRESIDENT McGEE: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR STAVISKY: To whom are
4715
these foundations accountable?
SENATOR RATH: They're
accountable to the college councils.
SENATOR STAVISKY: Thank you,
Madam President. I thank the sponsor.
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
1488, by Senator Volker, Senate Print 5562, an
act to amend the Criminal Procedure Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: This is a bill
sponsored by the Governor, a Governor's
program bill. I'm just trying to see, when
4716
did we get this bill? Oh, yes. This is an
old bill, it's been sitting around since
June 13th.
Anyways, what this bill involves is
an issue that's come up recently because of a
couple of court cases involving the issue of
peremptory and challenges for cause. I'm sure
this is the kind of bill that the general
public certainly understands very well. They
haven't got a clue as to what peremptory and
cause is.
What's happened is the federal rule
is that if a person is denied cause -- is
denied -- a juror is not allowed to be excused
for cause and the attorney, whoever, defense
attorney has to use one of his peremptory
challenges to excuse a juror, there has
been -- in the federal rule it is if the new
jury, the jury without that person then finds
the person guilty, then the fact that the
person was dismissed for peremptory purposes
rather than cause is irrelevant and the
decision is unchallengeable as regards the
fact that the person was dismissed for
peremptory rather than for cause.
4717
Now, a state case has come up, and
the state case has said that you can still
challenge a conviction and that it could
constitute reversible error if the attorney
attempts to dismiss a juror for cause, it's
denied and then has to use one of his
peremptory challenges, even if the jury finds
the person guilty and that person is not part
of that, then that -- the -- this unanimous
verdict, which of course is what we do with
our trials, then he still can challenge the
decision or the conviction on the basis of the
fact that the juror should not have been
allowed to stay on and that the defense
attorney was not allowed to dismiss the person
for cause even though that person had to use
one of the peremptory challenges and he was
still dismissed as a juror.
That basically is it. This
attempts to make the federal rule, the federal
court rules, the same as New York. It doesn't
happen in a great many cases, but it does
happen occasionally. And that's what this
provision is all about.
ACTING PRESIDENT McGEE: Read the
4718
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
controversial reading of Supplemental Calendar
Number 1.
SENATOR MORAHAN: Is there any
housekeeping at the desk, Madam President?
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President.
I'd like unanimous consent to be
recorded in the negative on Calendar Number
1452, please.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
4719
SENATOR MORAHAN: If we can stand
at ease now, Madam President, pending the
return of the Rules Committee.
ACTING PRESIDENT McGEE: The
Senate will stand at ease pending the return
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 7:00 p.m.)
(Whereupon, the Senate reconvened
at 7:15 p.m.)
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar 718,
Senate Print 963; Calendar 1347, Senate Print
1108; and Calendar 1434, Senate Print 5554.
ACTING PRESIDENT McGEE: Senator
DeFrancisco, would you be kind enough to
repeat them for us. It was a little noisy.
Thank you.
SENATOR DeFRANCISCO: Okay.
Calendar 718, Senate Print 963; Calendar 1347,
Senate Print 1108; and Calendar 1443, Senate
Print 5554.
4720
ACTING PRESIDENT McGEE: Thank
you. Without objection.
SENATOR DeFRANCISCO: Thank you.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, kind
Madam President. If I may have unanimous
consent to be recorded in the negative on
Calendar Number 1488.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we return to reports of
standing committees.
Could we have the Rules Committee
report at the desk read.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read the Rules
report.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 115, by Senator
4721
Velella, an act to amend Chapter 576 of the
Laws of 1975;
302D, by Senator LaValle, an act to
amend the Education Law;
1453, by Senator Meier, an act
authorizing;
1977A, by Senator Kuhl, an act to
amend the Environmental Conservation Law;
2178, by Senator Robach, an act to
amend the Vehicle and Traffic Law;
3384, by the Senate Committee on
Rules, an act to amend the County Law;
3926B, by Senator Brown, an act to
adjust;
3941, by Senator Balboni, an act to
amend the Tax Law;
4014, by Senator Velella, an act to
amend the Real Property Actions and
Proceedings Law;
4217B, by Senator Flanagan, an act
to amend the Environmental Conservation Law;
4329, by Senator Johnson, an act to
amend the Environmental Conservation Law;
4703, by Senator DeFrancisco, an
act to amend the Tax Law;
4722
4865, by Senator McGee, an act to
amend the Mental Hygiene Law;
4993, by Senator Flanagan, an act
to amend the Tax Law;
5071A, by Senator Leibell, an act
to amend the Real Property Tax Law;
5088, by Senator Fuschillo, an act
to amend the General Business Law;
5154, by Senator Little, an act to
amend the General Business Law;
5155, by Senator Robach, an act to
amend the General Business Law;
5245, by Senator Rath, an act to
amend the Family Court Act;
5289, by Senator Johnson, an act to
amend the County Law;
5394A, by Senator Paterson, an act
to establish;
5516A, by Senator Golden, an act to
amend Chapter 154 of the Laws of 1921;
5541, by Senator Morahan, an act to
amend the Election Law;
5579, by Senator Wright, an act
authorizing;
5586, by Senator Marcellino, an act
4723
to amend the Tax Law;
5589, by Senator Velella, an act to
amend the Labor Law;
5591, by Senator Velella, an act to
amend the Labor Law;
5592, by Senator Golden, an act to
amend the Real Property Tax Law;
5596, by Senator Johnson, an act to
amend the Penal Law;
5608, by Senator Maziarz, an act to
amend the Parks, Recreation and Historic
Preservation Law;
5610, by the Senate Committee on
Rules, an act to amend the Tax Law;
5615A, by the Senate Committee on
Rules, an act to amend the Education Law;
5617, by Senator Morahan, an act to
amend the Election Law;
5620, by Senator LaValle, an act to
amend the Vehicle and Traffic Law;
5621, by Senator LaValle, an act to
amend the Education Law;
5624, by Senator Velella, an act to
amend the Workers' Compensation Law;
5632, by Senator Fuschillo, an act
4724
in relation to legalizing;
5635, by Senator Little, an act to
amend the Environmental Conservation Law;
5640, by the Senate Committee on
Rules, an act to amend the Civil Practice Law
and Rules;
5642, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
5647, by Senator Velella, an act to
amend the Labor Law;
5650, by Senator Marchi, an act to
amend the Private Housing Finance Law;
5651, by Senator Maltese, an act to
amend the Education Law;
And Senate Print 5675, by the
Senate Committee on Rules, an act to amend
Chapter 576 of the Laws of 1974.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, I move that we accept the report of
the Rules Committee.
ACTING PRESIDENT McGEE: All in
4725
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Morahan.
SENATOR MORAHAN: I wonder if we
could take up Calendar 1543 at this time,
Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1543, by the Senate Committee on Rules, Senate
Print Number 5675, 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.
SENATOR MORAHAN: I move that we
accept the message of necessity.
ACTING PRESIDENT McGEE: All in
4726
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.
Read the last section.
SENATOR SCHNEIDERMAN:
Explanation.
THE SECRETARY: Section 7. This
act shall --
ACTING PRESIDENT McGEE: Senator
Golden.
SENATOR GOLDEN: Thank you, Madam
President.
The extender is to extend the rent
control bills -- I apologize, Madam President.
The bill before us is an extender
for one day, 24 hours, so that we can extend
the present rent laws that exist today in the
City and the State of New York.
ACTING PRESIDENT McGEE: Senator
Montgomery.
4727
SENATOR MONTGOMERY: Madam
President, I would just like to make a comment
on this bill.
It says that the act shall take
effect immediately and shall remain in full
force and effect until and including the 19th
day of June. And that is officially
Juneteenth, a Texas holiday celebrating the
freedom of African slaves in the state of
Texas. It is the day that is celebrated as
Liberty Day.
And I hope that it means that the
tenants of our state will be able to celebrate
Juneteenth appropriately tomorrow.
Thank you.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I believe there's an amendment at
the desk. And I'd like to move to waive its
reading and ask to be heard on the amendment.
ACTING PRESIDENT McGEE: Please
speak on the amendment.
SENATOR LIZ KRUEGER: Thank you,
4728
Madam President.
Well, surprisingly, it's the same
amendments on the same bill three days in a
row. I know you're shocked.
But I thought tonight I would talk
about some of the real impact that we're
having throughout the state and New York City
because we continue to fail to do the job we
should be doing here in the Legislature.
When New York City and State
adopted high rent vacancy decontrols back in
1993 and '94, there was the allegation that
this would only affect rich tenants in
Manhattan. In fact, now ten years later, we
see that throughout the City of New York and
throughout Westchester County in areas that
are affected and throughout Long Island in
areas that are affected, units that were once
affordable to the people who lived in those
communities have now been decontrolled because
they are renting for more than $2,000.
So in areas such as Long Beach and
Rego Park and Long Island City, Fort Green,
White Plains, to name just a few areas that
are already being impacted and have been
4729
impacted, people who lived in those
communities have had to leave; apartments that
were once affordable are now no longer
affordable to anyone in those communities.
Every day that we fail to do what
we should do in this house is another day
where people are losing individually their
apartment units and, in the bigger public
policy perspective, those units are being lost
to the universe of affordable housing for all
New Yorkers.
Again, we should be passing the
bill --
ACTING PRESIDENT McGEE: Excuse
me, Senator.
SENATOR LIZ KRUEGER: Certainly.
ACTING PRESIDENT McGEE: Can we
have some quiet, please, so you can hear your
colleague speak.
SENATOR LIZ KRUEGER: Thank you.
We should be passing the bill that
the Assembly passed in February, the bill that
has been sponsored in this house by Senator
Frank Padavan, 2954, a bill that would ensure
that we continue to have tenant protections in
4730
New York State, that we repeal vacancy
decontrol provisions that have been so harmful
throughout our state, that we address ensuring
rent stabilization to Mitchell-Lama rental
buildings and project-based Section 8
buildings whose landlords are talking them out
of the subsidy programs and whose units are
going to market rate rather than to a rent
stabilized rate, and that we plug loopholes
that were built into the '97 law that are one
by one doing enormous harm.
And just to mention one such
situation in my own district, I have a
building with 23 units where the owner is
drying to claim the need for personal use of
all 23 units and evict the entire group of
tenants in that building.
I urge that this house support my
amendment and that we move forward with
getting rent regulation done the right way
tonight.
Thank you, Madam President.
ACTING PRESIDENT McGEE: All
those in favor of the amendment please signify
by raising their hand.
4731
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Diaz, Dilán, Duane, Gonzalez,
Hassell-Thompson, L. Krueger, Lachman,
Montgomery, Onorato, Oppenheimer, Parker,
Paterson, Sabini, Sampson, Schneiderman,
M. Smith, Stachowski, and Stavisky.
ACTING PRESIDENT McGEE: The
amendment is lost.
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I believe there's another amendment
to this bill at the desk, and I move that we
waive its reading and ask to be heard on that
amendment.
ACTING PRESIDENT McGEE: You may
speak on the amendment.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
My second amendment, no surprise to
anyone, would be language identical to a bill
sponsored by Senator Padavan, S3123, which
would in fact repeal the Urstadt Law and allow
cities of 1 million or more to establish their
4732
own rent regulation laws and to provide more
comprehensive coverage than that provided by
state law.
Each day that goes by, it is more
and more obvious to most New Yorkers that this
house shouldn't be deciding about New York
City housing policy and the future of rent
regulation.
The emptiness of the chamber, the
absence of, frankly, New York City Republican
Senators from this room tonight to even
discuss this issue or fight for their own
communities is more evidence of why we should
be repealing the Urstadt Law and that Albany
should not be making determinations over
issues that are so detrimental and so critical
to the people of New York City.
So I hope that my colleagues might
join me in supporting this amendment, which
would repeal the Urstadt Law and basically
give the City of New York and its elected
officials the authority to determine its own
future in housing policy for the people of
New York.
Thank you, Madam President.
4733
ACTING PRESIDENT McGEE: All the
Senators in favor of the amendment please
signify by raising your hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Brown, Diaz,
Dilán, Duane, Gonzalez, Hassell-Thompson, L.
Krueger, Lachman, Montgomery, Onorato,
Oppenheimer, Parker, Paterson, Sabini,
Sampson, Schneiderman, M. Smith, and Stavisky.
ACTING PRESIDENT McGEE: The
amendment is lost.
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 Morahan.
SENATOR MORAHAN: We're going to
stand at ease for a few minutes pending the
distribution of the bills that just came out
of Rules.
4734
(Whereupon, the Senate stood at
ease at 7:35 p.m.)
(Whereupon, the Senate reconvened
at 7:37 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, could we please pull up Calendar
1406, by Senator Stachowski, from the original
Calendar 59.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1406, Senator Stachowski moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8829 and substitute it
for the identical Senate Bill Number 5421,
Third Reading Calendar 1406.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1406, by the Assembly Committee on Rules,
Assembly Print Number 8829, an act to amend
Chapter 276 of the Laws of 1993.
4735
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.
SENATOR MORAHAN: We'll stand at
ease.
ACTING PRESIDENT McGEE: The
Senate will stand at ease for a moment.
(Whereupon, the Senate stood at
ease at 7:39 p.m.)
(Whereupon, the Senate reconvened
at 7:40 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. Can we have the noncontroversial
reading of 59B, Calendar 59B.
ACTING PRESIDENT McGEE: The
4736
Secretary will read.
THE SECRETARY: Calendar Number
1498, by Senator Velella, Senate Print 115, an
act to amend Chapter --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1500, by Senator Meier, Senate Print 1453, an
act to authorize Oneida County.
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
1501, by Senator Kuhl, Senate Print 1977A, an
act to amend the Environmental Conservation
4737
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Hoffmann recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1502, by Senator Robach, Senate Print 2178, an
act to amend the Vehicle and Traffic Law, in
relation to establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4738
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1503, by the Senate Committee on Rules, Senate
Print Number 3384, an act to amend the County
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: In relation to
Calendar Number 1504, Senator Brown moves to
discharge, from the Committee on Rules,
Assembly Print Number 7922B and substitute it
for the identical Senate Bill Number 3926B,
Third Reading Calendar 1504.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
4739
THE SECRETARY: Calendar Number
1504, by the Assembly Committee on Rules,
Assembly Print Number 7922B, an act to adjust
certain state aid payments.
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
1505, by Senator Balboni, Senate Print 3941,
an act to amend the Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
4740
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1506, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7971 and substitute it
for the identical Senate Bill Number 4014,
Third Reading Calendar 1506.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1506, by the Assembly Committee on Rules,
Assembly Print Number 7971, an act to amend
the Real Property Actions and Proceedings 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.
4741
THE SECRETARY: In relation to
Calendar Number 1508, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8210 and substitute it
for the identical Senate Bill Number 4329,
Third Reading Calendar 1508.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1508, by the Assembly Committee on Rules,
Assembly Print Number 8210, an act to amend
the Environmental Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
2. Senators Duane and LaValle recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
4742
THE SECRETARY: Calendar Number
1510, by Senator DeFrancisco, Senate Print
4703, an act to amend the Tax Law and the
Administrative Code of the City of New York.
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
1511, by Senator McGee, Senate Print 4865, an
act to amend the Mental Hygiene 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.
4743
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1512, by Senator Flanagan, Senate Print 4993,
an act to amend the Tax Law.
ACTING PRESIDENT McGEE: There is
a local fiscal impact study at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of a
sales tax quarterly.
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
1513, by Senator Leibell, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
4744
1514, by Senator Fuschillo, Senate Print 5088,
an act to amend the General Business Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 365th 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
1515, by Senator Little, Senate Print 5154, an
act to amend the General Business Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
4745
is passed.
THE SECRETARY: Calendar Number
1516, by Senator Robach, Senate Print 5155, an
act to amend the General Business Law.
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.
THE SECRETARY: Calendar Number
1517, by Senator Rath, Senate Print 5245, an
act to amend the Family Court Act.
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.)
4746
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1518, by Senator Johnson, Senate Print 5289,
an act to amend the County 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
1519, by Senator Paterson, Senate Print 5394A,
an act to establish the date of commencement.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4747
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1522, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8840 and substitute it
for the identical Senate Bill Number 5541,
Third Reading Calendar 1522.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1522, by the Assembly Committee on Rules,
Assembly Print Number 8840, an act to amend
the Election Law.
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.)
4748
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1527, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8930A and substitute it
for the identical Senate Bill Number 5592,
Third Reading Calendar 1527.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1527, by the Assembly Committee on Rules,
Assembly Print Number 8930A, an act to amend
the Real Property Tax 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.)
ACTING PRESIDENT McGEE: Senator
Krueger.
4749
SENATOR LIZ KRUEGER: Thank you,
Madam President. I rise to explain my vote.
ACTING PRESIDENT McGEE: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you.
While I am voting for this bill, I
just want to take the opportunity to rise and
say what a shame that we are not using the
opportunity tonight to be expanding the income
levels for senior citizens who are renters and
are low-income, rather than just property
owners in the city of New York and in other
areas of the state that are the options for
the SCRIE program, Senior Citizen Rent
Increase Exemption program.
While this bill increases to
$24,000 the eligibility for exemptions from
real estate taxes for owners who are 65 and
older and allows them to deduct medical
expenses from their income, in the SCRIE
program in New York City we've been
desperately trying to get an increase beyond
$20,000, where there are no exemptions from
income for medical expense deductions.
While I will not vote against this
4750
bill, which would appear to not recognize the
difficulties of elderly poor homeowners,
nonetheless this house continues to fail to
recognize the equally critical issues of
elderly poor renters.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1528, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8999 and substitute it
for the identical Senate Bill Number 5596,
Third Reading Calendar 1528.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1528, by the Assembly Committee on Rules --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
4751
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1540, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8261A and substitute it
for the identical Senate Bill Number 5647,
Third Reading Calendar 1540.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1540, by the Assembly Committee on Rules,
Assembly Print Number 8261A, an act to amend
the Labor 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.
Senator Morahan, that completes the
4752
noncontroversial reading of Senate
Supplemental Calendar 59B.
SENATOR MORAHAN: We will do the
controversial reading of Calendar 59B, and I'd
like to start with 1528.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1528, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8999, an act to amend the Penal Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Madam
President, this bill refers to expanding a
list of predicate offenses for criminal
contempt in the first degree.
And right now, if you violate an
order of protection and the first violation is
a misdemeanor, and you commit a second act of
contempt within five years, it becomes a
felony, a Class E felony.
On the other hand, if your first
4753
violation of an act of criminal contempt is a
felony, then the second felony does not rise
to the level of an enhanced penalty, such as
if the first one were a misdemeanor.
Is that clear? Did you hear that?
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, I
was -- the sponsor's memo, Madam President --
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill?
SENATOR MONTGOMERY: On the bill,
yes.
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Thank you.
Madam President, the sponsor's memo
says that the justification -- under
justification for this bill, it says "Under
current law, a person who commits criminal
contempt by violating an order of protection
may be charged with a Class E felony if the
new act of contempt occurs within five years
of a previous conviction."
Under this bill, the person -- the
4754
commission of a prior criminal contempt would
be counted as a predicate for -- in order to
be charged with an enhanced penalty. So that
over and above the law that we already have in
place, this bill would essentially create a
predicate offender for longer -- for a very
long, indefinite period of time.
So I wanted to bring that to the
attention of my colleagues. And I'm going to
vote no on this bill.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
4755
President, is there any housekeeping at the
desk?
ACTING PRESIDENT McGEE: Senator
Wright.
SENATOR WRIGHT: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1501.
ACTING PRESIDENT McGEE: Without
objection.
Senator Libous.
SENATOR LIBOUS: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar 1452.
ACTING PRESIDENT McGEE: Without
objection.
Senator Duane.
SENATOR DUANE: I mean hello,
Madam President. I'd like unanimous consent
to be recorded in the negative on Calendar
Number 1514, please.
ACTING PRESIDENT McGEE: Without
objection.
Senator Saland.
SENATOR SALAND: Madam President,
I request unanimous consent to be recorded in
4756
the negative on Calendar 1501, Senate 1977A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, are there any substitutions at the
desk?
ACTING PRESIDENT McGEE: Yes,
there are.
The Secretary will read.
THE SECRETARY: On page 29,
Senator Balboni moves to discharge, from the
Committee on Rules, Assembly Bill Number 8146A
and substitute it for the identical Senate
Bill Number 4159A, Third Reading Calendar 820.
On page 36, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4986 and substitute it
for the identical Senate Bill Number 2658,
Third Reading Calendar 942.
On page 38, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6357B and substitute it
for the identical Senate Bill Number 2661B,
Third Reading Calendar 974.
4757
And on page 42, Senator Velella
moves to discharge, from the Committee on
Rules, Assembly Bill Number 7510B and
substitute it for the identical Senate Bill
Number 4696B, Third Reading Calendar 1211.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Leibell.
SENATOR LEIBELL: Madam
President, I'd like unanimous consent to be
recorded in the negative on Calendar Number
1501.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LEIBELL: Thank you.
ACTING PRESIDENT McGEE: Senator
Little.
SENATOR LITTLE: Thank you, Madam
President. I would like, by unanimous
consent, to vote in the negative on 1501.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LITTLE: Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
4758
SENATOR MORAHAN: Madam
President, we're going to stand at ease.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 8:00 p.m.)
(Whereupon, the Senate reconvened
at 8:02 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. There being no further business in
front of the Senate at this time, we will
adjourn until 10:00 a.m., Thursday, June 19th.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Thursday, June 19th, at 10:00 a.m.
(Whereupon, at 8:03 p.m., the
Senate adjourned.)