Regular Session - June 19, 2003
4759
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 19, 2003
10:13 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
4760
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask all present to stand and join
me in the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: 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,
Wednesday, June 18, the Senate met pursuant to
adjournment. The Journal of Tuesday, June 17,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Hearing
no objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
4761
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Bruno, our
Majority Leader, I wish to call up his bill,
Senate Print 5552, which was recalled from the
Assembly, and it's now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1486, by the Senate Committee on Rules, Senate
Print 5552, an act to amend Chapter 454 of the
4762
Laws of 2002.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT McGEE: The
Secretary will call the roll upon
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Let's see. I
think that's it. Usually we amend it, but
this one we're just killing it.
(Laughter.)
ACTING PRESIDENT McGEE: Thank
you, Senator Farley.
Senator Skelos.
SENATOR SKELOS: Madam President,
are we prepared to go to the noncontroversial
reading of the calendar? Then if we could go
to the noncontroversial reading of the
calendar.
And on behalf of Senator Bruno, I
would urge the members to please come to
4763
session so that we can move in an orderly
fashion and adjourn in the light of day.
ACTING PRESIDENT McGEE: Thank
you, Senator Skelos.
The Secretary will read.
THE SECRETARY: Calendar Number
119, by Senator LaValle, Senate Print 335A, an
act to amend the Vehicle and Traffic Law, in
relation to increasing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
120, by Senator Maziarz, Senate Print 729B, an
act to amend the Vehicle and Traffic Law, in
relation to increasing penalties.
4764
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
141, by Senator Volker --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
181, by Senator Maziarz, Senate Print 1819A,
an act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
4765
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
219, by Senator Hoffmann, Senate Print 2836A,
an act to amend the Agriculture and Markets
Law, in relation to inclusion.
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, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
258, by Senator Kuhl, Senate Print 2557, an
act to authorize the Department of Taxation
and Finance.
ACTING PRESIDENT McGEE: There is
4766
a local fiscal report 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, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
312, by Member of the Assembly Christensen,
Assembly Print Number 24 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
341, by Senator Libous, Senate Print 2894A, an
act to amend the Mental Hygiene Law, in
relation to renaming.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
4767
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
386, by Senator McGee, Senate Print 2776A, an
act to amend the Vehicle and Traffic Law, in
relation to persons authorized.
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, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
485, by Member of the Assembly Gunther,
Assembly Print Number 4812C, an act to
authorize.
ACTING PRESIDENT McGEE: Read the
4768
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, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
549, by Member of the Assembly Abbate --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
590, by Senator LaValle, Senate Print 301A, an
act to amend the Education Law, in relation to
terms of community college trustees.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4769
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
627, by Senator Spano, Senate Print 2517, an
act to amend the Lien Law, in relation to
liens.
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, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
689, by Senator Bonacic, Senate Print 2268, an
act to amend the Retirement and Social
Security Law, in relation to benefits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
4770
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
694, by Senator Robach, Senate Print 3904, an
act to amend the General Municipal Law, in
relation to certain payments.
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, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
741, by Senator LaValle, Senate Print 2885B,
an act to amend the Education Law, in relation
to alteration.
4771
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
742, by Senator LaValle, Senate Print 3079, an
act to amend the Education Law --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
784, by Senator Seward, Senate Print 4454B, an
act to amend the Insurance Law, in relation to
requirements.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4772
THE SECRETARY: Calendar Number
788, by the Assembly Committee on Rules,
Assembly Print Number 8295, 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, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
799, by the Assembly Committee on Rules,
Assembly Print Number 8485A, an act to amend
the Racing, Pari-Mutuel Wagering and Breeding
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4773
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
808, by Member of the Assembly Pheffer,
Assembly Print Number 6921C, 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 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
814, by Senator Marcellino, Senate Print
896A --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4774
THE SECRETARY: Calendar Number
820, by the Assembly Committee on Rules,
Assembly Print Number 8146A, 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, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
832, by Senator Velella, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
895, by Senator Maziarz --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
4775
is laid aside.
THE SECRETARY: Calendar Number
918, by Senator Wright --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
919, by Senator Wright --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
974, by Member of the Assembly Weisenberg,
Assembly Print Number 6357B, an act to
authorize the assessor of the County of
Nassau.
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.)
4776
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
977, by Senator McGee, Senate Print 2783B, an
act to amend the General Municipal Law, in
relation to municipal board members.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
984, by Senator Maziarz, Senate Print 3701, an
act to amend the Real Property Tax Law, in
relation to extending.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
4777
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe Calendar Number 784 was laid aside
inadvertently. If we could call that bill up
at this time.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 784.
THE SECRETARY: Calendar Number
784, by Senator Seward, Senate Print 4454B, an
act to amend the Insurance Law, in relation to
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, 40.
4778
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1014, by Senator LaValle, Senate Print 4784A,
an act to amend the Environmental Conservation
Law, in relation to penalties.
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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1020, by Senator LaValle, Senate Print 4960A,
an act to amend the Education Law, in relation
to regulation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4779
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1022, by Senator Libous --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1047, by Senator Flanagan, Senate Print 2057A,
an act to authorize the State University of
New York.
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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
4780
THE SECRETARY: Calendar Number
1086, by Senator Seward, Senate Print 14A, 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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1095, by Senator Kuhl, Senate Print 2478A, an
act to amend the Tax Law, in relation to tax
on sales and compensating use tax.
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.)
4781
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1100, by Senator Fuschillo, Senate Print
2961A, an act authorizing the assessor of the
Village of Freeport.
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, 39. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1115, by Senator Kuhl, Senate Print 3786, an
act to amend the Alcoholic Beverage Control
Law, in relation to sale of wine.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4782
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
1133, by Senator Larkin, Senate Print 3612A,
an act to amend the Tax Law, in relation to
the use of income.
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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1137, by Senator Nozzolio, Senate Print 3881B,
an act to authorize the City of Geneva.
ACTING PRESIDENT McGEE: There is
4783
a home-rule message at the desk.
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, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1147, by Member of the Assembly Bing, Assembly
Print Number 7494, an act to amend the
Estates, Powers and Trusts Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
4784
THE SECRETARY: Calendar Number
1149, by Senator Montgomery, Senate Print
5068B, an act authorizing the City of New York
to accept.
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, 41. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1211, by Member of the Assembly Weinstein,
Assembly Print Number 7510B, an act to amend
the Estates, Powers and Trusts Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
4785
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1225, by the Assembly Committee on Rules,
Assembly Print Number 8707A, an act to amend
the Environmental Conservation Law.
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, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1230, by the Assembly Committee on Rules,
Assembly Print Number 8714A, an act to
authorize the assessor.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4786
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1249, by Senator Libous, Senate Print 5244A,
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, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1257, by Senator Padavan, Senate Print 5372 --
SENATOR MALCOLM SMITH: Lay it
4787
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1294, by Senator Wright, Senate Print 4857, an
act to amend the Uniform Justice Court Act, in
relation to arraignments.
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
1377, by Senator Little, Senate Print 4924, an
act to amend the Real Property Tax Law, in
relation to state aid.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4788
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
1378, by Senator Volker, Senate Print 4930, an
act to amend the Labor Law.
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1400, by Senator Saland, Senate Print --
SENATOR SKELOS: Lay it aside for
the day, Madam President.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1410, by Senator Flanagan, Senate Print 5436A,
an act to amend the Executive Law and the
Family Court Act.
ACTING PRESIDENT McGEE: Read the
last section.
4789
THE SECRETARY: Section 4. 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
1430, by Senator Bruno, Senate Print 5545A, an
act to amend the Public Authorities Law, in
relation to obligations.
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, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1432, by Senator Leibell, Senate Print 5547,
an act to amend the Public Authorities Law, in
4790
relation to general and special powers.
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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1453, by Senator Leibell, Senate Print 4141B,
an act to amend the Real Property Tax Law, in
relation to providing.
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.
4791
THE SECRETARY: Calendar Number
1468, by Senator Volker, Senate Print 5452A,
an act to amend Chapter 824 of the Laws of
1933.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1476, by Senator Robach, Senate Print 5463A,
an act to amend the Correction 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, 47.
4792
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1490, by Senator Kuhl, Senate Print 5582, an
act to amend Chapter --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1491, by Senator M. Smith, Senate Print 5588,
an act to amend the Real Property Actions and
Proceedings Law, in relation to recording.
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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1492, by Senator McGee, Senate Print 5594, an
4793
act to legalize, validate, ratify and confirm.
ACTING PRESIDENT McGEE: There is
a local fiscal impact 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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1493, by Senator Larkin --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1494, by Senator Diaz, Senate Print 5606, an
act to amend the Alcoholic Beverage Control
Law, in relation to posting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4794
act shall take effect on the first of October.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
(Applause.)
SENATOR DIAZ: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Diaz, to explain his vote.
(Laughter.)
SENATOR DIAZ: It is with great
pleasure and honor that I take this microphone
this morning to explain my vote, Madam
President.
It is a very difficult vote, very
difficult vote. And very exciting, too,
because in the six months that I have been
here, this black guy from the South Bronx,
with kinky hair and broken language, English,
has introduced his first bill. And you, the
Majority and the Minority together,
unanimously, even Tom Duane voted for it.
(Laughter.)
SENATOR DIAZ: So I'm glad. So I
thank all of you.
4795
ACTING PRESIDENT McGEE: Senator
Diaz will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1494 are
Senators Meier, Seward, and Wright. Ayes, 44.
Nays, 3.
(Groaning sounds.)
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1495, by Senator Kuhl, Senate Print 5611, an
act to amend the Vehicle and Traffic Law, in
relation to length of house coaches.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4796
1496, by Senator Leibell, Senate Print 5631,
an act authorizing the reductions of future
aid payments.
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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1497, by Senator Velella, Senate Print 5637,
an act to amend Chapter 557 of the Laws of
2001.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1498, by Senator Velella, Senate Print 115, an
act to amend Chapter 576 of --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
4797
is laid aside.
THE SECRETARY: Calendar Number
1499, by Senator LaValle, Senate Print 302D,
an act to amend the Education Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1507, by Senator Flanagan, Senate Print 4217B,
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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1513, by Senator Leibell, Senate Print 5071A,
an act to amend the Real Property Tax Law, in
relation to improving.
4798
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 10. 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
1521, by Senator Golden, Senate Print 5516A,
an act to amend Chapter 154 of the Laws of
1921.
ACTING PRESIDENT McGEE: Read
rode.
THE SECRETARY: Section 2. This
act shall take effect upon enactment into law.
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
4799
1523, by Senator Wright, Senate Print 5579, an
act authorizing the City of Watertown.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
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, 47.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1524, by Senator Marcellino, Senate Print
5586, an act to amend the Tax Law, in relation
to extending.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
4800
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1525, by Senator Velella, Senate Print 5589,
an act to amend the Labor 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.)
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1526, by Senator Velella, Senate Print 5591,
an act to amend the Labor Law, in relation to
appointments.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4801
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1529, by Senator Maziarz, Senate Print 5608,
an act to amend the Parks, Recreation and
Historic Preservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1530, by the Senate Committee on Rules, Senate
Print Number 5610, an act to amend the Tax
Law.
ACTING PRESIDENT McGEE: Read the
last section.
4802
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1532, by Senator Morahan, Senate Print 5617,
an act to amend the Election Law, in relation
to ballot instructions.
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, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1533, by Senator LaValle, Senate Print 5620,
an act to amend the Vehicle and Traffic Law.
4803
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Section 1 of Chapter 472 of the Laws of 2002.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1534, by Senator LaValle, Senate Print 5621,
an act to amend the Education Law and others.
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, 48.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4804
1535, by Senator Velella --
SENATOR MALCOLM SMITH: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1536, by Senator Fuschillo, Senate Print 5632,
an act in relation to legalizing, validating,
ratifying and confirming.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
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, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1538, by the Senate Committee on Rules, Senate
Print Number 5640, an act to amend the Civil
Practice Law and Rules and the General
Municipal Law.
4805
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Thank you very
much, Madam President.
Please recognize Senator Farley.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Madam President,
I'd like to be recorded in the negative on
1494.
ACTING PRESIDENT McGEE: Without
objection.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President. I was out of the chamber when
4806
Calendar Number 694 passed. I would ask
unanimous consent to be recorded in the
negative.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I'd like unanimous consent
to be recorded in the negative on Calendar
Number 974.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BONACIC: Thank you.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Before we go to
the controversial calendar, if we could return
to reports of standing committees.
I believe there's a report of
Finance Committee at the desk. I ask that it
be read at this time.
ACTING PRESIDENT McGEE: The
4807
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports
following nominations:
As a member of the Crime Victims
Board, Charles F. Marrota, of the Bronx.
As alternate nonvoting member of
the Metropolitan Transportation Authority,
James F. Blair, of Ossining.
As a member of the Small Business
Advisory Board, Chriss M. Andrews, of
Brockport.
As a member of the Fire Fighting
and Code Enforcement Personnel Standards and
Education Commission, Gerald W. Lynch, of
New York City.
As Commissioner of the Interstate
Environment Commission, Donna Birch Gerstle,
of Staten Island.
As a member of the Saratoga-Capital
District State Park, Recreation and Historic
Preservation Commission, David Golub, of
Schenectady.
As members of the Medical Advisory
Committee, Russell Nicholas Ake Cecil, M.D.,
4808
of Amsterdam, and David J. Cerniglia, D.C., of
Schenectady.
As members of the Advisory Council
on Agriculture, Joy D. Crist, of Walden, and
James L. Vincent, of Byron.
As a member of the State Camp
Advisory Council, Sheila Cohen, of Freeport.
As a member of the State Council on
the Arts, Noreen Reale Falcone, of
Skaneateles.
As Major General, New York Guard,
Thomas P. Cleland, of Pleasantville, and
Thomas F. Barraga, of West Islip.
As a member of the Board of
Visitors of the Buffalo Psychiatric Center,
Jeanne Allison, of Jamestown.
As a member of the Board of
Visitors of the Elmira Psychiatric Center,
Richard Arthur Hamling, of Shortsville.
As a member of the Board of
Visitors of the Hudson Valley Developmental
Disabilities Services Office, Ilyce S. Brinn,
of Liberty.
As a member of the Board of
Visitors of the Agricultural and Industrial
4809
School at Industry, Don H. Kollmorgen, of
Rochester.
As a member of the Board of
Visitors of the Long Island Developmental
Disabilities Services Office, Mary Fasano, of
Massapequa.
And as a member of the Board of
Visitors of the Middletown Psychiatric Center,
Jean Bonnell, of Middletown.
ACTING PRESIDENT McGEE: All in
favor of confirming the nominations as read by
the Secretary will say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominations are confirmed.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 694.
ACTING PRESIDENT McGEE: What
calendar number, Senator? I'm sorry.
SENATOR MEIER: 694, Madam
4810
President.
ACTING PRESIDENT McGEE: 694.
Thank you, Senator Meier. Without objection.
SENATOR MEIER: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
SENATOR SKELOS: Before we do,
would you please recognize Senator
Hassell-Thompson.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I rise to request
unanimous consent to be recorded in the
negative also on Calendar Number 694.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
312, by Member of the Assembly Christensen --
4811
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
549, by Member of the Assembly Abbate,
Assembly Print Number 5790, an act to amend
the Civil Service Law.
SENATOR HASSELL-THOMPSON:
Explanation.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
742, by Senator LaValle, Senate Print 3079, an
act to amend the Education Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
4812
814, by Senator Marcellino, Senate Print 896A,
an act to amend the Public Health Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Marcellino, an explanation has been requested.
SENATOR MARCELLINO: Yes, Madam
President.
This bill enacts the Toxic Mold
Protection Act, which directs the Department
of Health to convene a task force which shall
advise the department on the development of
standards with regard to toxic mold and
directs the task force to consider the
feasibility of adopting permissible exposure
limits to mold in indoor environments and
requires the department shall report to the
Legislature.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President. If the sponsor
would yield, through you.
ACTING PRESIDENT McGEE: Senator
Marcellino, will you yield?
4813
SENATOR MARCELLINO: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President.
SENATOR MARCELLINO: Madam
President, I can barely hear Senator Krueger.
If we could turn the volume up a little bit.
ACTING PRESIDENT McGEE: Could we
please have some quiet in the room. Those
Senators having conversations please take them
out of the chamber.
SENATOR MARCELLINO: Can we close
the door, please.
ACTING PRESIDENT McGEE: Can we
close the back door, please, so that there can
be quiet during debate of this legislation.
The Senator yields.
SENATOR LIZ KRUEGER: Thank you
very much.
Senator, I'm very excited to see a
toxic mold act today. But I do have a few
questions about how this task force would be
made up.
4814
My understanding about problems in
toxic mold, of which there have been quite a
few cases in my district in large buildings,
that the concern is that this is very tied
into the construction standards of buildings,
the proper or improper wrapping of pipes, the
ventilation systems, the kinds of materials
that are being used in construction.
What will be the makeup of this
task force, to ensure that not just public
health experts but people who actually
understand the construction materials and
construction industry process are part of
this?
So that when the department comes
out with its recommendations, we know that the
concerns have been addressed or can be
addressed not just from the health-standards
view of what is defined as an inappropriate
level of toxic mold, but what should be the
standards in New York State for assuring we
don't continue to build buildings where these
problems occur.
SENATOR MARCELLINO: Senator
Krueger, through you, Madam President, the
4815
membership of the task force is itemized in
the legislation. It goes through a listing of
the individuals or kind of individuals we
would be looking for in the task force, which
would include but not be limited to health
offices, health and medical experts, mold
abatement experts, affected consumers, and
affected industries, including residential,
commercial and industrial tenants,
proprietors, landlords, insurers, builders and
managers.
We've got a bunch of technical
people involved here, including the types of
individuals you were talking about who would
be expert in construction techniques.
SENATOR LIZ KRUEGER: Madam
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Marcellino, will you continue to yield?
SENATOR MARCELLINO: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
4816
Thank you so much for your
explanation. Perhaps because of the shortness
of the time we have for the bills today,
what's the timeline for the report to come to
the Legislature and then our role for
follow-up once they do their report?
SENATOR MARCELLINO: It's one
year, Madam President.
SENATOR LIZ KRUEGER: Madam
President, through you, if the sponsor would
yield to an additional question.
ACTING PRESIDENT McGEE: Senator
Marcellino, will you continue to yield?
SENATOR MARCELLINO: Yes, I
continue to yield.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you.
And then when the report is
provided to the Legislature, is there a
specific obligation on the Legislature to
respond or to move forward at that time? Or
is it simply a report to us so we have
information?
SENATOR MARCELLINO: No, it's
4817
simply a report to the Legislature to set up
the -- well, to let you know what the report
says and to make you aware of what their
recommendations are. And if legislation is
needed, then we can proceed with that. If
not, the department may do so by reg.
SENATOR LIZ KRUEGER: Thank you,
Madam President. Briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I'm very happy to see this house
moving forward -- and I understand it's a
two-house bill -- to start to explore the
concerns about toxic mold.
For those of us who may not have
experienced this in our own districts, it is a
growing problem. It seems to be correlated to
the standards used in building new
construction, and it seems also perhaps to be
a partial outcome of requirements that we put
into building codes believing that they were
in the best interests of the public but in
fact have resulted in some situations where
mold starts to grow, goes throughout the
4818
systems, the internal systems of buildings,
and is actually making people sick -- what we
call sick buildings.
And I think we are overdue in
moving forward with this kind of investigation
and hopefully, then, health standards and
building construction standards to ensure that
we don't continue to have this problem in the
future.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: I congratulate
Senator Marcellino on this legislation. It's
an important issue.
I had drafted a bill some months
ago, in cooperation with experts from the
master plumbers industry, to combat this. And
I only wish that we had the opportunity to
have hearings or solicit some more public
input so we could have done even better. I
4819
think the bill is a good jumping-off point.
I look forward to working with the
chairman in the future to revisit this issue
perhaps in the future, as we see the efficacy
of this legislation if it becomes law, and to
protect people from a concern that really we
don't know the scope of yet.
States outside New York, certain
states like California, people are genuinely
becoming sick and having to leave their
properties and having real insurance problems
in turning over their properties. And I think
this is a problem we're going to see compound
itself in the future.
But I'm happy to support this
legislation, a jumping-off point, and I look
forward to working with the chairman in the
future to come up with even more measures to
protect New Yorkers in their home investments.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
SENATOR MARCELLINO: Madam
President.
ACTING PRESIDENT McGEE: Senator
4820
Marcellino.
SENATOR MARCELLINO: Just to set
the record straight to my colleague and friend
on the other side of the aisle, we did hold
public hearings on this bill last year, done
on the island, where we took testimony from
many individuals and potential members of the
task force.
We took recommendations at that
point in time. The hearing was an all-day
affair and went on for several hours. And we
have a stack of testimony. We'd be happy to
share some of it with you if you'd like,
Senator, so you could hear it. Or read it.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yeah, I also
rise to commend Senator Marcellino for this
bill. I think it's an outstanding piece of
legislation.
Unfortunately, I witnessed it next
door, as Senator Skelos knows. I have a
summer apartment in his district in Long
Beach. And an entire line of apartments next
4821
door to ours was contaminated by this toxic
mold, and people had to move out of the
apartments.
So this is a major achievement, and
I want to commend Senator Marcellino for it.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 814 are
Senators Maziarz, Meier, and Wright. Ayes,
51. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hoffmann.
SENATOR HOFFMANN: Madam
President, I was out of the chamber earlier
this morning when Calendar Number 1494 passed.
I wish to be recorded in the negative.
4822
ACTING PRESIDENT McGEE: Without
objection.
SENATOR HOFFMANN: Thank you.
ACTING PRESIDENT McGEE: Senator
Rath.
SENATOR RATH: Madam President, I
was out of the chamber and I'd like to have
unanimous consent to be recorded in the
negative on Calendar 694.
ACTING PRESIDENT McGEE: Without
objection.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If may have unanimous consent to
be recorded in the negative on Calendar
Numbers 386, 820, 1115, 1476, 1495, and 1526.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
832, by Senator Velella, Senate Print 5032, an
act to amend the Workers' Compensation Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
4823
Velella, an explanation has been requested.
SENATOR VELELLA: Yes, this bill
establishes an injury presumption for
uniformed court officers exposed to blood or
other bodily fluids during the course of their
employment or subsequently diagnosed with a
bloodborne disease.
Last section.
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
895, by Senator Maziarz, Senate Print 502, an
act to amend the Penal Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
4824
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Hassell-Thompson recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
918, by Senator Wright, Senate Print 4890A, an
act to amend the --
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Wright, an explanation has been requested by
Senator Liz Krueger.
SENATOR WRIGHT: Thank you, Madam
President.
The bill before us amends the
Public Service Law and the Public Authorities
Law relative to net metering for wind. This
is the first provision of net metering for
wind, and it's specifically targeted to
residential and small farm or agricultural
4825
applications.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield.
ACTING PRESIDENT McGEE: Senator
Wright, will you yield?
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I'm torn on this bill because it
has some good things in it. But you have a
bill that does more that is not coming before
us today, which is S3055.
So in this bill, just for me to
understand, while it allows net metering for
wind power, it doesn't allow net metering for
solar power. Why are we not including solar
power in this improvement?
SENATOR WRIGHT: Madam President,
through you, it was our intention to address
4826
the issue of wind initially. We have been
moving incrementally on these issues, last
year addressing the utilization of waste
through anaerobic digesters, this year
addressing wind capacity, leaving solar for
future capacity.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: I continue to
yield, Madam President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you
so much.
While the intention of the bill, as
you described, is to improve the opportunities
for wind power generation, there are some
people who work in that field who don't think
this bill will help them.
The American Wind Energy
Association is opposing this bill, which
surprised me, because they are arguing that
4827
limiting on-site wind generating systems to
10kw for residences and 100kw for farms will
mean that many farms won't qualify and that
farmers will be unlikely to invest in on-site
wind generations under this bill.
They are also concerned that
allowing market regulatory barriers as
established would increase the customer cost
of investing in on-site renewable generation
and could actually discourage investment in
wind power.
So again, I am not an expert in
wind power, and I will defer to your
expertise. But it did concern me that the
group called the American Wind Energy
Association opposed the legislation. I was
wondering if you could comment on that.
SENATOR WRIGHT: I would be glad
to.
Madam President, through you, I too
was surprised that an association that wants
to develop the wind industry would be opposed.
But I think that of course reflects the
dynamics of all organizations, since they are
comprised of big generators and small
4828
generators.
And what we have not included, of
course, in what we're referring to as small
wind as opposed to big wind, is the commercial
generators. And the reason that they are not
included in this legislation is because we do
not believe that the ratepayers need to be in
a position, through net metering, to subsidize
large commercial investments.
We in fact believe that there is a
current proceeding before the Public Service
Commission that will address that issue in
terms of renewables. If you look at the
initial outcomes of that proceeding, they are
focusing very heavily on wind.
So in fact there will be a
mechanism through the PSC proceeding to
provide for large commercial applications, be
they agricultural or otherwise. We are trying
to focus on the smaller generators without
shifting the cost to the ratepayers.
Let's remember, while we are
certainly concerned about renewable sources,
we are certainly concerned about emissions and
environmental impact, we cannot lose sight of
4829
the ratepayer. We are still concerned about
costs of electricity in this state.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Wright, will you continue to yield?
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you.
And thank you for your explanation. And I
think we're all learning something.
You talked about that this won't
benefit larger wind generators but would help
small. But I also have memos from
Environmental Advocates and the National
Resource Defense Council opposing this bill,
because they say that it won't be usable by
the small wind generator customers, that the
process is too complicated to get through with
the PSC to allow it to be likely for small
residential wind generators to find it
feasible to participate.
4830
So I'm wondering if you could
comment about why some of the well-known
environmental organizations are opposing this
bill.
SENATOR WRIGHT: Well -- again,
through you, Madam President -- Senator, I
believe that it's a preference for bigger is
better as opposed to smaller is sufficient.
If you can certainly acquire the entire loaf,
that's what's attempting to be achieved here.
However, again, my focus is in
terms of establishing net metering for wind.
We do that with this bill. My focus is to
develop a residential small farm application.
We do that with this bill.
I do not believe the process will
be too cumbersome. The process mirrors
similar processes that have been put into
place in the Public Service Commission
proceedings and statute, and they are being
utilized as we speak.
Should that be the case, that this
is not an effective procedure and is not
utilized, then we go back and consider it at
that point in time. But to predetermine that
4831
something will not work before we've even
taken advantage of it I think is very
premature at this stage.
ACTING PRESIDENT McGEE: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: I
appreciated Senator Wright's comments.
And there is controversy, as I
mentioned, quite a few organizations --
including, as I said, the American Wind Energy
Association, the Natural Resources Defense
Council, the New York Solar Energy Industry
Association, Environmental Advocates -- being
opposed to this legislation.
But I also want to give Senator
Wright credit for having proposed this and an
additional bill -- as I mentioned before, that
is not before us today -- that would have
expanded to include solar energy in this
category and other types of wind and solar
powering generators that aren't qualified
4832
under this.
So I wish we were doing your other
bill today that would expand this to a point
where perhaps it would prove feasible and
would encourage the use of environmentally
correct energy resources such as wind and
solar power.
Despite the fact that I think your
other bill is a superior bill, S3055, which
also has a same-as bill in the other house,
and despite the fact that all of these groups
that I mentioned before have serious concerns
with your bill, I agree that it's worth trying
something, taking a look at it, hopefully
quickly, and moving on from there and
hopefully expanding to include solar power and
other types of wind generators so that we can
move forward in the State of New York with the
types of energy that are clean and renewable
and decrease our dependence on oil and other
types of energy that not only are
environmentally more harmful to us but
continue to leave us dependent on the
resources of foreign countries.
So I will support the bill,
4833
although with the concern and the hesitation
that we should have been passing your other
legislation, which would have moved us forward
in a broader arena of areas for continued
renewable clean energy. Thank you.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I share
many of the concerns expressed by Senator
Krueger. And I know Senator Wright has such a
good bill that it is really just -- this one
just, you know, looks bad by comparison. It's
sort of like when I stand next to Senator
Balboni, I don't look so good.
(Laughter.)
SENATOR SCHNEIDERMAN: I think
that the difficulties that have been raised,
though, in my view, particularly by
Environmental Advocates and by the New York
Solar Energy Industry Association, lead me to
4834
conclude that this bill actually would be a
step backwards, that this would make it less
likely that we're going to move forward with
serious promotion of solar and wind energy.
Under this bill, small residential
wind generators are required to pay the costs
of interconnection. This is really a bill
that favors utilities at the expense of the
individuals and small businesses and farms
that we're supposed to be encouraging to go
out and invest in solar and wind energy.
So I fall down on the other side of
the balance, and I am actually going to be
voting to oppose this bill, in the hopes that
we are able to move forward in the future with
more significant legislation.
Clearly it requires us to take on
the utilities to a certain extent to get an
energy policy enacted in this state that
promotes investment in these alternative
sources. And it requires giving a little bit
more, or in some cases a lot more, to those
who would invest in wind and solar energy.
This bill does not do that, and I
therefore actually view it as a potential
4835
setback to this effort. So I will be voting
no.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Wright, to explain his vote.
SENATOR WRIGHT: Thank you, Madam
President.
I appreciate the support for this
bill this morning. I appreciate cosponsorship
by my Minority ranker, Senator Parker. And I
want to point out that this does not in any
way diminish our commitment to renewable
energy, nor does it diminish any demands in
terms of environmental requirements.
What it does do is focus on the
cost to the ratepayer. And it's nice to talk
about applying costs to utilities, but they in
4836
fact are you and I, they are ratepayers. And
so what we've attempted to do is to avoid the
concept of profit and to ensure that we
encourage renewables and environmental energy
through the use of savings and cost avoidance.
And while the big commercial
enterprises do not like that and do not
advocate that, in fact, individuals who are
committed and interested in renewable energy
have a vehicle to avoid their cost and to
utilize those resources.
On the issue of interconnection
specifically, it in fact avoids an
interconnection fee. There is none up to kw,
which is consistent with existing statute. So
I don't believe that we've adversely affected
anything. We're sending a clear message to
people who want to commit to renewables, just
as we are in terms of state policy before the
PSC addressing renewable contracts.
I vote in the affirmative.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Those recorded in
4837
the negative on Calendar Number 918 are
Senators Duane, LaValle, Leibell,
Schneiderman, and Spano. Ayes, 52. Nays, 5.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Thank you, Madam
President. I would ask unanimous consent to
be voted in the negative on Calendar Number
814.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: 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.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to Calendar Number 1497, by
Senator Velella.
ACTING PRESIDENT McGEE: The
4838
Secretary will read Calendar Number 1497, by
Senator Velella.
THE SECRETARY: Calendar Number
1497, by Senator Velella, Senate Print 5637,
an --
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, there has been an explanation
requested.
SENATOR VELELLA: Yes, this is
the renewal of the pre-need funeral bill,
which we had placed in law about two years ago
and which will prevent payments of commissions
to funeral directors for selling policies to
pay for funerals.
We do have in this state, as a
result of Assemblyman Gottfried's work and our
former colleague Senator Tully's work, a very
system of arranging for pre-needs through
trust funds. This has been cited as one of
the models nationally of pre-need
arrangements.
This bill will make the payment of
any commissions to funeral directors by
4839
insurance companies illegal. It extends it
for four years.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you please call up Calendar
Number 1498.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1498.
THE SECRETARY: Calendar Number
1498, by Senator Velella, Senate Print 115, an
act to amend Chapter 576 of the Laws of 1975.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, an explanation has been requested.
4840
SENATOR VELELLA: This bill
expands a program which New York State has for
bona fide residents to study in other
institutions for the purposes of attending
medical or dentistry schools.
New York State currently has
agreements with the University of Vermont
Medical School, Morehouse College of Medicine,
the University of Puerto Rico School of
Medicine, and the Sackler School of Medicine
in Tel Aviv.
This bill would extend that program
to the St. George University School of
Medicine and Dentistry in Grenada.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: If the sponsor
would yield to a couple of questions.
ACTING PRESIDENT McGEE: Senator
Velella, will you yield?
SENATOR VELELLA: One at a time,
yes.
ACTING PRESIDENT McGEE: The
Senator will yield to your questions one at a
time, Senator.
4841
SENATOR STAVISKY: I will try to
ask them one at a time.
Madam President, through you. I'm
concerned about the choice of St. George's,
Madam President. I wonder if the sponsor
could explain why St. George's was chosen when
there are lots of medical schools outside
New York State, even in foreign countries such
as Mexico, perhaps, or Canada or Great
Britain, with perhaps different kinds of
programs.
SENATOR VELELLA: The answer to
that, quite simply, is they asked. The others
haven't asked.
SENATOR STAVISKY: I understand
that the -- Madam President, another question.
Sorry.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes, certainly.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR STAVISKY: The reason, I
understand, as outlined in the bill is the
legislation says there's a lack of qualified
4842
personnel here in New York State, and they
want to contract outside.
What is the cost involved? I read
the bill, I read the bill memo, and the
section -- there's nothing that talks about
financial --
SENATOR VELELLA: If I might,
maybe the fact that misleads you a little bit
that there's no money mentioned here is
because this program, while it exists, because
of fiscal constraints has not been funded. So
it would make them eligible when money becomes
available to fund these programs.
So the school in Tel Aviv, the
school in Puerto Rico, they don't get any
money right now because the funding isn't
there for this. So the amount would be
tuitions, and that would be worked out when
the Legislature and the Governor decide to
fund these programs.
Are you signalling me?
SENATOR STAVISKY: I thought
somebody was going to use the phrase "unfunded
mandate," but I certainly wouldn't do that.
On the bill, Madam President.
4843
Thank you very much.
ACTING PRESIDENT McGEE: Senator
Stavisky, on the bill.
SENATOR STAVISKY: Very briefly
on the bill.
I'm troubled by this bill, and I'm
going to vote no because there's a cost factor
which is unknown. The bill talks about -- I
think it's at least 20 seats, no more than
40 seats, if I'm not mistaken.
The primary reason is the fact that
the SUNY trustees are going to meet relatively
soon and raise tuition levels at SUNY. The
CUNY trustees have already done so. And in
fact, we have a program at CUNY very similar
to this program, as part of the City College
Sophie Davis Medical School, where they're
assigned, once they graduate and the city and
state pays the tuition, they're assigned to
underserved areas.
It seems to me that this is a cost
which should not be borne by the taxpayers of
New York. At one time we may have had a
shortage of doctors.
Can I wave too?
4844
At one time we may have had a
shortage of doctors. I'm not so sure that
this particular medical school warrants a
contract with New York State, and I will vote
no.
SENATOR VELELLA: On the bill
briefly, I would just like to --
THE PRESIDENT: You may proceed,
Senator.
SENATOR VELELLA: -- possibly
help Senator Stavisky accept the concept a
little bit more. Because there is a
commitment that for our investment, these
doctors, when they are educated, will be
assigned by the Commissioner of Education to
needy areas for a period of three years to
perform civic and -- their duty as doctors in
needy areas of this state.
So that might help you understand.
SENATOR STAVISKY: I mentioned
that. I mentioned that as a preface to my
question. And that is exactly what happens
with Sophie Davis.
The real problem with Sophie Davis
has been -- on the bill, Madam President.
4845
THE PRESIDENT: You may proceed.
SENATOR STAVISKY: The real
problem with Sophie Davis has been to enforce
the contract that exists between the student
and the university. And if they do not
fulfill their requirement of public service,
to recoup the costs.
And I see in the legislation there
is a complicated formula which describes how
the state will eventually -- if they ever fund
the program, how they can recoup the costs
from any recalcitrant students.
But I understand Senator Velella's
concern, and I commend him. But on the other
hand, I will vote no.
SENATOR VELELLA: Last section.
THE PRESIDENT: Does any other
member wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: Senator
4846
Oppenheimer, to explain your vote?
SENATOR OPPENHEIMER: No.
THE PRESIDENT: The bill is
passed.
Senator Oppenheimer, not to explain
your vote.
SENATOR OPPENHEIMER: Not to
explain my vote. I just wanted to be recorded
in the negative, with unanimous consent, on
Calendar Number 918, Senate 4890.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Stavisky.
SENATOR STAVISKY: I forgot to
raise my hand. I vote no on Calendar 1498.
THE PRESIDENT: You did stand, so
I saw you. Thank you.
Hearing no objection, you are so
recorded as voting in the negative on the bill
that just passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, may I be recorded in the negative
on 918.
4847
THE PRESIDENT: Without any
objection, you will be so recorded, Senator
Morahan, as voting in the negative.
Senator Marcellino.
SENATOR MARCELLINO: Yes, Madam
President, I'd like unanimous consent to be
recorded in the negative on Calendar Number
918.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on that bill.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, thank you. Will you please call up
Calendar Number 1525.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1525, by Senator Velella, Senate Print 5589,
an act to amend the Labor Law.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. On the bill.
THE PRESIDENT: You may proceed.
4848
SENATOR HASSELL-THOMPSON: In
1985 I had the privilege of being appointed by
former Governor Cuomo to the Apprenticeship
and Training Council. And I served until
1992, at which time the council was cut, and I
was one of those that was cut from the
council.
And I was very disturbed, because
one of the things that makes Senator Velella's
bill an excellent bill is the fact that there
is a necessity to have a good cross-section of
both employers and employees representing on
this particular council.
So I want to commend Senator
Velella and vote with him on his attempts to
expand on the New York State Training and
Apprenticeship Council, primarily. And I hope
that what we will do a better job of is
bringing more and more minorities into
apprenticeships so that they become more
affiliated with our many unions.
And I wanted to commend the Senator
on this bill.
THE PRESIDENT: Does any other
member wish to be heard?
4849
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you please call up Calendar
Number 1535.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1535, by Senator Velella, Senate Print 5624,
an act to amend the Workers' Compensation Law.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Velella,
an explanation has been requested.
SENATOR VELELLA: Yes, Madam
President. This bill is needed to address a
technical flaw in legislation which was passed
4850
in 1998 with the intent of providing certain
safeguards concerning medical records of
patients.
The law prohibited the disclosure
of workers' compensation records except to
parties expressly permitted by law, including
the staff of the board, carriers, and
claimants' attorneys. However, it did not
include the claimant's treating physician.
This bill corrects that.
SENATOR SCHNEIDERMAN: I'm sorry,
Madam President, to interrupt such an eloquent
explanation, but this was laid aside at the
request of Senator Krueger, who's in Rules.
So if it's possible to lay this
aside temporarily, maybe we get to hear that
extraordinarily eloquent explanation again, if
that would be all right.
SENATOR VELELLA: Could we
incorporate it by reference into the --
SENATOR SCHNEIDERMAN: Yes, you
can ask for it be read back.
Without objection.
THE PRESIDENT: The bill is laid
aside temporarily.
4851
The Secretary will continue to
read.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you please go back to the
regular order of the controversial calendar,
starting with Calendar Number 919.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
919, by Senator Wright, Senate Print 4932A, an
act to amend the Energy Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the --
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President. Welcome to the chambers this
morning.
THE PRESIDENT: Welcome to you
also, Senator.
4852
SENATOR WRIGHT: Today we are
amending the Energy Law relative to enhanced
energy conservation through energy performance
contracts that's currently applicable to
municipalities. We are expanding that
definition to include community colleges. We
are defining a series of applications.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1257, by Senator Padavan, Senate Print 5372,
an act to amend the General City Law and
others.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: The bill before
4853
us, Madam President, amends the 1996 chapter
that established the Relocation and Employment
Assistance Program, as well as some ancillary
programs, which is a vehicle by which we
encourage employers to move into the city, to
expand their businesses, to hire more people,
to rehabilitate buildings, place capital where
it does the most good within the city of
New York.
There are several pages of
amendments of that original statute, including
a provision that expands a program to include
Lower Manhattan, south of Houston Street, to
deal with development issues that we're all
familiar with in that part of the city.
The bill also clarifies a number of
other provisions of existing law to avoid any
misunderstandings or confusions that may have
existed. It does a number of other things in
terms of expanding the REAP credit as well as
the employment credit.
Basically, in some, it takes the
existing law, which has been working fairly
well, and makes it more effective.
THE PRESIDENT: Senator
4854
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
for a few questions.
THE PRESIDENT: Senator Padavan,
do you yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed.
SENATOR SCHNEIDERMAN: Through
you, Madam President, this program, which I
think pretty much everyone agrees is a good
program that should be renewed, my
understanding is that it actually involves two
separate credits, the Relocation Employment
Assistance Program credit and the Employment
Opportunity Relocation Cost credit.
The former, I believe, is a 12-year
credit; the latter is a one-year credit to
deal with costs of moving.
Is it true that this bill would
only extend the latter, the smaller, one-year
credit to businesses in Lower Manhattan?
SENATOR PADAVAN: No. I think
you're talking about the Employment
Opportunity Relocation Cost credit.
4855
SENATOR SCHNEIDERMAN: Yes.
SENATOR PADAVAN: That consists
of credits against the city's general
corporation tax for certain expenses involved
in relocating commercial and industrial jobs
into the city from areas outside the state.
It is not limited to the area you just
mentioned.
SENATOR SCHNEIDERMAN: Madam
President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Is that credit, though, the EORCC
credit current, under the current program,
before it would be amended by this bill, is
that credit available for Lower Manhattan now?
SENATOR PADAVAN: No, I don't
believe so. I believe this bill provides for
it to be.
SENATOR SCHNEIDERMAN: And
through you, Madam President, if the sponsor
would continue to yield.
SENATOR PADAVAN: Yes.
THE PRESIDENT: The Senator does
4856
yield. You may proceed.
SENATOR SCHNEIDERMAN: So this
bill modifies the existing program by making
the EORCC available to Lower Manhattan. But
is it not correct that it does not modify the
existing program by making the REAP credit
available to Lower Manhattan?
SENATOR PADAVAN: That's correct.
SENATOR SCHNEIDERMAN: So is
there not a concern that, because the REAP
credit is available to firms who move from
Lower Manhattan to the outer boroughs, that
we're essentially competing with ourselves for
credits? That one of the credits is provided
to Lower Manhattan, but there are other
incentives under the REAP program -- which is
a longer program -- that actually would
encourage firms to move out of Lower Manhattan
to other parts of the city?
SENATOR PADAVAN: That is not
true. Because there are specific provisions
in the bill, which I'd be happy to sit down
with you later and point out, that prevent
credits from being given to any firm that
moves from one part to another part of the
4857
city without any specific gain in that
process.
There is no attempt here to
exacerbate the Lower Manhattan development
problems that exist as a result of 9/11 and
other issues involving the securities
industry. Quite to the contrary. There's an
effort here -- maybe not as much as some would
like, but we've been amending this bill every
year by expanding and dealing with issues that
arise ever since it was adopted.
But nevertheless, the initiative
here by the city -- and this is a city bill --
is to encourage development and commercial
development in Lower Manhattan, not,
certainly, to detract from it.
SENATOR SCHNEIDERMAN: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed.
SENATOR SCHNEIDERMAN: I think
that there's very little dispute that this
program is a good program. When it was
initially established, the economy was in a
very far different state than it is today.
And it's designed to encourage the location of
4858
businesses outside of Manhattan south of 96th
Street.
However, because the REAP credit
under the bill as proposed -- which really is,
as the sponsor correctly points out, based on
growth and the adding of employees -- is not
made available to businesses south of Houston
Street, then I think that it really more than
offsets the availability of the one-year
moving credit, the EORCC credit, which is made
available under this bill to businesses moving
south of Houston Street.
I think that if we're going to try
and address the crisis of the relocation of
businesses in Lower Manhattan, it would be --
it's necessary for us -- not just reasonable,
it's absolutely necessary that we provide
additional incentives and not provide one
temporary incentive that in reality, in real
economic terms, in the case of most businesses
will be more than offset by the credit that we
are making available for businesses to leave
Lower Manhattan and move to other parts of the
city.
According to the New York City
4859
Partnership, the attack on the World Trade
Center cost 100,000 jobs, $80 billion in
damages and economic losses just in Lower
Manhattan.
So I would suggest that the best
thing for us to do -- and I gather that the
Assembly is attempting to craft a piece of
legislation that will do just this -- is to
make the REAP credits available, even if on a
more temporary basis, to businesses if they
relocate in Lower Manhattan.
We certainly should not be doing
anything that in any way, shape or form
provides an incentive for a business to move
from Lower Manhattan during a time when we're
also spending tremendous time, effort, and
money trying to get businesses to relocate
back into Lower Manhattan or to stay in Lower
Manhattan.
So I think this bill does make many
improvements. I think this is a program that
should be renewed. But I do think this
actually does some serious damage to our
efforts to rebuild and revitalize Lower
Manhattan, and I therefore am going to be
4860
voting no in the hopes that we will have a
modified bill to vote on in the very near
future.
Thank you, Madam President.
THE PRESIDENT: Senator Malcolm
Smith.
SENATOR MALCOLM SMITH: Thank
you, Madam President. On the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR MALCOLM SMITH: There's
no question, Madam President, that ever since
9/11 there's been a concern about Lower
Manhattan and the need to encourage businesses
to come downtown.
And most recently, I think you've
seen the war that has gone on between Governor
McGreevey and our Governor and Deputy Mayor
Doctoroff, in that New Jersey has essentially
gone back on their word and has decided to
offer a number of benefits to sort of pirate
the businesses from Lower Manhattan.
As my colleague Senator
Schneiderman indicated, clearly the importance
of maintaining the REAP program and
4861
maintaining the benefits of the REAP program
are important. Clearly, having one-shot REAP
benefits is not the thing to do. As you know,
the REAP program currently allows for a $3,000
benefit for 30 years for each particular
employee for a company that moves below 96th
Street.
However, there is a need to do a
little bit more. I do understand the Assembly
is crafting another bill. But while I am
sensitive to Lower Manhattan, I also have to
be a little sensitive to the outer boroughs as
well. And while the REAP program offers some
benefits to companies that move to the outer
boroughs, I think a lot of this could be
solved by offering REAP benefits to companies
that move into Empire Zones as well.
And by virtue -- I should say what
that would basically do is offer benefits that
you could get in the REAP benefits also if you
move into Empire Zone programs.
And I guess a case in point for me
in particular, Madam President, I have a
business within my district that moved
interborough, and their financial projections
4862
and statements was based on the fact that they
were going to get REAP benefits. They now do
not get REAP benefits, which essentially moves
their cost per square foot from $32 a square
foot to $68 a square foot, which essentially
would render the project null and void.
While I know that Senator Padavan
has worked some time on this bill, and Senator
Schneiderman is encouraged about moving
companies down to Lower Manhattan, there is
also a need to make sure that companies, when
they move from one part of a borough to
another, they can also benefit from the REAP
program.
So while I will be supporting this
bill suspectly, it is my hope that the
Assembly will craft a bill that will allow
Empire Zones onto this particular bill, which
will then allow REAP benefits for any company
that moves into an Empire Zone, which I think
will solve this problem of this continual
benefit that needs to happen once you move
into the Lower Manhattan area.
Thank you.
THE PRESIDENT: Senator Krueger.
4863
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield to a question.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
I have concerns in general about
these kinds of programs, although I do think
that your bill makes improvements on the
previous legislation.
How many times has New York City
actually taken this advantage away from a
company who made a commitment but then failed
to actually deliver on the jobs? How often
have they gotten their money back, so to
speak, after they may have allowed a tax
credit that should not have been allowed to
happen?
SENATOR PADAVAN: I have no idea,
Senator.
SENATOR LIZ KRUEGER: You don't
have any idea.
4864
SENATOR PADAVAN: But I do know
in this bill there is a provision that seeks
to tighten up. For instance, it used to be at
the time of the application. Now it's at the
time of the actual event.
So there is an effort on the part
of the city to make sure that people are not
taking advantage of this without producing the
desired result.
SENATOR LIZ KRUEGER: Thank you,
sir.
Madam President, briefly on the
bill.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you.
In general, I have to say I don't
like this kind of legislation. I think the
history overall has been individualized
credits to businesses for staying in one place
or moving between boroughs or stopping them
from moving across state lines has actually
just put us into bidding wars to hold on to
businesses where we then end up losing the tax
revenue we need to deliver the services in our
communities.
4865
And so even the discussion among my
own colleagues about relocation from one
borough to another to another inside an Empire
Zone, outside an Empire Zone, we're actually
competing with ourselves in the City of
New York for where our businesses sit, rather
than doing anything to expand the overall
universe of businesses creating new jobs for
us in the city.
So my initial instinct is to simply
vote against this, because I think the history
of this type of legislation has proved that it
has not had the kind of impact in job creation
that we would have hoped, but in fact have
been dollar losers in taxes for our base in
New York City and in other localities.
Nonetheless, there are changes in
this that at least recognize the importance of
focusing on smaller businesses, of closing
loopholes in the law that allowed one business
to get multiple advantages from multiple
relocations of the same bodies and in fact
keep it a relatively limited program in scope.
The estimated financial impact is between
$5 million and $10 million to the City of
4866
New York, which makes it a relatively small
program.
So I will -- I'm going to vote
against the bill, and I hope others will at
least consider that it is time for us to start
evaluating that as we continue to give tax
credits, tax deductions, tax incentives to
anyone who claims maybe they'll come somewhere
they wouldn't have otherwise or maybe they
won't leave to go somewhere else because of
this, that we really need to evaluate how
these programs have worked.
Have we actually increased the
number of jobs in the state of New York, in
the city of New York through these kinds of
programs? And there are many of them; this is
just one. Or are we simply sucking ourselves
dry of tax revenue to run the kinds of
programs we need on what potentially are
bluffs by people who claim that they would
otherwise not have established their
businesses or they would have gone to a
different state?
And I'm particularly concerned when
we seem to be competing with ourselves even
4867
from borough to borough, who gets the job and
who loses the job. That's not a net win for
the people of New York State or New York City.
So I will vote against this and
hope others will start to join me in
evaluating what the impact is overall in our
tax revenue at the state and city level and on
the perhaps unfairness of the idiosyncrasies
of our tax policies for businesses.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 37. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator L. Krueger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1378, by Senator Volker, Senate Print 4930, an
4868
act to amend the Labor Law.
SENATOR MALCOLM SMITH:
Explanation.
THE PRESIDENT: Senator Volker,
an explanation --
SENATOR MARCELLINO: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. I wish to ask unanimous consent to
be recorded in the negative on Calendar 814,
by Senator Marcellino.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on that bill.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President, I'd like to ask unanimous consent
to be recorded in the negative on Calendar
Number 694 and also on Calendar Number 814.
THE PRESIDENT: Hearing no
objection, Senator Kuhl, you will be so
recorded as voting in the negative on both of
4869
those bills.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1490, by Senator Kuhl, Senate Print 5582, an
act to amend Chapter 529 of the Laws of 2002.
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Kuhl, an
explanation has been requested.
SENATOR KUHL: Thank you, Madam
President. May I inquire as to who asked for
the explanation?
THE PRESIDENT: Senator Krueger.
SENATOR KUHL: Senator Krueger,
this is a bill that essentially delays the
implementation of a statute that we adopted in
this house last year for approximately six
months, until the first of the year, 2004.
SENATOR LIZ KRUEGER: Madam
President, through you, if the sponsor will
yield.
THE PRESIDENT: Will the sponsor
yield?
SENATOR KUHL: Yes.
4870
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
Senator Kuhl, my understanding is
this is a bill that allows a school district
to increase their debt or to borrow to pay off
their current operating debt for their school
system. Are we talking the same bill or --
SENATOR KUHL: I don't think we
are, Senator.
SENATOR LIZ KRUEGER: Senator
Kuhl, I'm sorry. I had two questions on this
bill. Excuse me.
Thank you, Madam President. If I
can clarify and ask the sponsor to yield.
THE PRESIDENT: The sponsor does
yield, and you may proceed.
SENATOR LIZ KRUEGER: Thank you.
Excuse me, Senator Kuhl. I
confused two bills on schools.
Could you explain what the delay in
the mandates, these related to school buses
and school bus drivers in some way, what are
we giving them six months more to do?
SENATOR KUHL: Well, Senator, let
4871
me explain it to you this way. This is a
bill, if you've read the memos in support of
the bill, that actually requires school
districts to establish or I should say
implement basic qualifications for all school
bus monitors and school bus attendants, as
well as requires specific training for school
bus attendants that are assisting students
with special needs.
Now, we adopted this statute last
year; it was intended to take effect on
July 1st of this year. In most cases you'd
think that that would be sufficient time. But
as it happened, there's a requirement in the
statute we adopted last year that calls for
the Commissioner of Education to promulgate
rules and regulations and set up the criteria.
Well, as would have it, those
regulations won't take effect until the middle
of July. That is two weeks after school
districts are supposed to have already
implemented the bill. So there's not a school
district in this state that can be in
compliance with the statute if in fact it's
allowed to be implemented on July 1st.
4872
So we thought it only right to
delay the implementation, the requirement of
school districts to actually have all this
training done and offer all these people
school bus attendants that require them to
interact with the students with needs and also
all the other school bus attendants and
monitors, that we thought it would be only
fair for the school districts to have a little
bit of time to actually follow that criteria
which is now being established.
So unfortunately, as much as we
would like to have had it in effect in about
two weeks, the rules and regulations won't be
in place for a month. So I don't like to put
school districts in a position where they
can't comply with this adoption of what I
would consider to be a chapter amendment to a
statute we adopted last year.
They now will have roughly six
months to actually go through this training
and make sure that all the people they are
hiring are in compliance with what we have
told them they need to do.
SENATOR LIZ KRUEGER: Thank you,
4873
Madam President. I'd like to thank the
sponsor for the very detailed explanation.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1493, by Senator Larkin, Senate Print 5597, an
act to authorize the Monroe-Woodbury Central
School District.
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Larkin,
an explanation has been requested.
SENATOR LARKIN: Who asked?
THE PRESIDENT: Senator Krueger
requested an explanation.
SENATOR LARKIN: Thank you, Madam
4874
President.
Senator Krueger, we passed this
bill on May 28th. There was a requirement
that the Assembly wanted to make a minor
change, as they did with about six others.
This is the seventh bill of this nature.
I might add, for everybody's
information, that Calendar Number 485 that we
passed on consent is exactly the same as this
bill here. It gives the school districts --
we put in the time requirements for the
comptroller to monitor their things.
They just wanted another sentence
in there. Instead of making a change, we put
the whole bill in because of the aging
process.
SENATOR LIZ KRUEGER: Thank you.
Madam President, if the sponsor
would yield for just one question.
THE PRESIDENT: Does the sponsor
yield?
SENATOR LARKIN: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
4875
Senator Larkin, if I could just
clarify --
SENATOR LARKIN: Madam President,
I can't hear her.
THE PRESIDENT: Could you speak
up, Senator.
SENATOR LIZ KRUEGER: Can you
hear me now, Senator Larkin?
SENATOR LARKIN: Certainly. I
was just saying there's too much noise in the
back here.
SENATOR LIZ KRUEGER: In this
bill, are we giving a school district the
authority to expand their bonds and their debt
to pay off their current operating expenses?
Is that your understanding of this?
SENATOR LARKIN: Yes.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's
explanation.
My concern here is the same concern
I had for the State of New York when we passed
4876
in our own budget the authority to bond out
$4.2 billion to pay off operating expenses.
I am concerned that we are, as a
state, handling our finances poorly and we are
perhaps letting our school districts get
themselves further into a debt situation where
they will end up eventually coming back to the
state and asking for additional money in order
to not default because they are borrowing
money for general operating expenses. It's a
bad policy precedent.
The fact, as Senator Larkin pointed
out, that we have done this for other school
districts means I will vote for this. But I
just felt it was important for us to highlight
that we are continuing to allow what is
conceivably dangerous financial precedent and
practices, not just for our own state
government but for our school districts.
And the risk to the state if they
are not able to pay both back their debt and
continue their school operating expenses is
they will come back to the state in default,
asking us for further assistance, putting us
into a more difficult situation in the future.
4877
Thank you very much, Madam
President.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I think
I'll speak also on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR OPPENHEIMER: I also will
support this, because we have done it for
other school districts.
But I've said this before on the
floor of the Senate, that when I was getting
my MBA at Columbia, there was an 11th
commandment. And the 11th commandment was
"thou shalt not capitalize expense items." It
is not generally accepted accounting
principles. It is not the way to go. I think
we all know that.
But we are in financial straits
right now, and so I will approve this because
we have approved others. But it is not proper
accounting procedure.
THE PRESIDENT: Does any other
member wish to be heard?
4878
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1499, by Senator LaValle, Senate Print 302D,
an act to amend the Education Law.
SENATOR STAVISKY: Explanation.
THE PRESIDENT: Senator LaValle,
an explanation has been requested.
SENATOR LaVALLE: Madam
President, this legislation that is before us
was born out of the Enron situations and
others where the public accountants, certified
public accountants who were the gatekeepers
also became the secret-keepers and caused a
lot of problems within the securities
industry, because what came into question was
what was a corporate profit.
We held committee -- Higher
4879
Education held two hearings. I know Senator
Stavisky was a participant, and Senator
Balboni to my left and Senator Volker to my
right and other committee members participated
in these hearings in New York City and Albany.
The committee last year held what
we call a roundtable discussion with the
industry, the Society of Public Accountants
and the Big Four and those who are non-CPAs.
And we just couldn't really, last year, come
to closure on this legislation.
This year, there were some eight
meetings with all of the players, including
the State Education Department. And I also
want to thank the department for their
expertise and their involvement in this
legislation.
This legislation, if you read --
and I'm just going to read a bit of the
legislative findings, because it sets the
stage for what I'm going to discuss as the
major provisions of this bill.
"The Legislature hereby declares
that serious issues have arisen with the
profession of public accountancy as a result
4880
of various revelations and questions regarding
financial reporting. Restoring public
confidence and investor reliance," and it goes
on and on.
So what we want to do with this
legislation is not only to restore public
confidence and investor reliance on
information, but I think the profession -- and
they should be congratulated -- said: We need
to look at our scope of practice, we need to
restore public confidence, and we need to do
some very serious changes.
This legislation expands the scope
of the regulated practice beyond basic attest
and the compilation of financial statements,
to include tax preparation, financial
planning, and other services -- and other
services offered by CPAs.
And during the hearings, this was a
major focus. Because for many, many large
public accounting firms, the majority of their
income generated was not from tax preparation
or attest functions but was from consultation,
consulting services.
This requires registration of all
4881
CPA firms, making them subject to both review
and discipline. And it also requires CPAs
employed in private industry to register with
the State Education Department. There's
mandatory peer review of all CPA firms every
three years.
And I would say that in the
legislation, the peer review has department
involvement to make sure that the firms that
are chosen to do peer review are strong and
have good reputations.
This peer review I liken to
accreditation of our colleges and
universities. There will be more rigorous
requirements for continuing professional
education for all CPAs, very, very high
standards. This came up during our hearings,
that we needed more continuing mandatory
education, and also discussions on portions
dealing with ethical conduct.
It establishes a separate and
distinct procedure for the investigation of
professional misconduct and disciplinary
action by the State Board for Public
Accountancy. And there are penalties for
4882
professional misconduct, and they are very
heavy penalties.
A public accounting firm found
guilty of professional misconduct is subject
to a fine of up to $10,000 for a licensed
individual and $20,000 for a firm for each
specific charge. If the professional
misconduct involves fraud, deceit, or other
charges as stipulated in the legislation, the
fines are up to $50,000 for a licensed
individual and $250,000 for each firm.
It is important for you as members
to understand that this legislation was
developed as we do with each and every
professional licensure or scope of practice
legislation, that we have the stakeholders
come to the table. The Society of Public
Accountants, the nonpublic accountants, the
Big Four, and the State Education Department,
sat down in eight to nine meetings this year
to develop this legislation.
Madam President, that's my
explanation. And I'm available for any
inquiries.
THE PRESIDENT: Senator Stavisky.
4883
SENATOR STAVISKY: Madam
President, I do have a couple of questions.
But before I ask them, I do commend Senator
LaValle for a very comprehensive and I think a
very well-thought-out bill.
A couple of questions. And I don't
mean to nitpick, because in my opinion this
bill is good one, and I intend to vote for it.
But there are a couple of points that I think
ought to be clarified.
First, the mandatory peer review
aspect. When we've had peer review, I'm not
so sure it's always been successful. For
example, I've seen bad experiences with the
Office of Professional Medical Conduct where
there is very little peer review.
It's sort of like in the City of
New York, we have agencies making
self-determining -- self -- investigating --
certifying themselves. In other words, if you
file something before the city agency and you
attest to it, it doesn't always work out for
the public good.
And my question is if the peer
review determines that a criminal activity
4884
exists, will they be reporting it to the law
enforcement officials?
SENATOR LaVALLE: Yes. In the
bill, line 53, page 12, it says "The results
of peer review shall be filed with the
department. Failure to participate in the
peer review shall constituent immediate
grounds for disciplinary action against the
firm or revocation of the registration of the
firm."
SENATOR STAVISKY: But my
question is --
SENATOR LaVALLE: So the
department, Senator -- in my remarks, I talked
twofold. Number one, the department is
involved in ensuring that the quality of the
individuals doing the peer review meet the
highest standards. So the department is
involved.
The results then go to the
department for disciplinary action.
SENATOR STAVISKY: But by
"department" we mean the State Education
Department.
And I'm referring to the Attorney
4885
General, for criminal prosecution if criminal
activity is discovered.
SENATOR LaVALLE: Yes. Senator,
that's a good point. The department can
always and can here make a referral to the
Attorney General.
SENATOR STAVISKY: Thank you,
Senator.
If you will yield for another
question.
SENATOR LaVALLE: Yes.
THE PRESIDENT: The Senator
yields. You may proceed.
SENATOR STAVISKY: You talk in
the bill about out-of-state licensed CPAs
where they obtain a series of temporary
licenses to work -- to practice their
profession in the State of New York. This
could be a continuing process where they are
not certified in New York but they just
continue with a series of temporary licensure
requests.
SENATOR LaVALLE: Senator, yes,
we do allow for temporary permits. And they
are for -- in line 30 on page 7, "Applications
4886
for temporary practice permits shall be
processed by the department within 30 days."
And it's not for longer than 60
days. So it could be extended for another 60
days.
SENATOR STAVISKY: Thank you.
And my last question concerns the
federal legislation, the Sarbanes-Oxley Act of
a couple of years ago. How does it dovetail?
SENATOR LaVALLE: Senator, I'm
glad you mentioned that. I wanted to mention
this in my remarks.
One of the -- and we talked about
this at the hearings, as you know --
SENATOR STAVISKY: That's why I
asked the question.
SENATOR LaVALLE: -- that the
state legislation was to understand that there
would be federal legislation, Sarbanes-Oxley,
and that we would integrate in a way that
would be user-friendly to the profession. And
we believe we have done that. We have done
that.
And quite honestly, the Big Four
that practices across the country, this was a
4887
major concern of theirs. And we gave them a
commitment that we would do the best we could
not to just heap more and more requirements
that did not make any sense, that could not be
justified as an integration into
Sarbanes-Oxley. And I believe we've done
that.
SENATOR STAVISKY: I do too.
And on the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR STAVISKY: I think this
is a very good piece of legislation. With the
exception of my skepticism concerning the
mandatory peer review, I think it's an
excellent bill. And I would hope that in the
coming year that it continue with the other
side of this building and that we do have a
chapter next year.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 13. This
4888
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
Senator Marcellino.
SENATOR MARCELLINO: If we can go
back and do Senator Golden's bill, Calendar
Number 549, at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
549, by Member of the Assembly Abbate,
Assembly Print Number 5790, an act to amend
the Civil Service Law.
SENATOR HASSELL-THOMPSON:
Explanation.
THE PRESIDENT: Senator Golden,
an explanation has been requested.
SENATOR GOLDEN: Thank you, Madam
President.
This legislation would grant
additional credit on competitive examinations
to siblings of firefighters and police
4889
officers killed in the line of duty as a
result of the attack on 9/11/01. Such credit
shall be applied after the applicant has
qualified in a competitive, and the sibling
must serve in the same municipality in which
his or her sibling served.
The bill adds a new section, 85-B,
to the Civil Service Law, that ten points are
given to the surviving sibling only after he
or she has passed a competitive examination.
We have a same-as in the Assembly,
and the bill is supported by the New York
Association of PBAs, Brian McLaughlin,
Assemblyman Brian McLaughlin, and the
Patrolmen's Benevolent Association.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes.
I'm not really sure whether I want to ask the
sponsor any questions. I think we wrestled a
little bit with this one in committee, so I
will let him off the hook with questions.
But I would like to make some
comments on the bill, Madam President.
THE PRESIDENT: You may proceed.
4890
SENATOR HASSELL-THOMPSON: When
we do legislation, many times we have to be
very careful how we tread because we don't
want to offend or appear to offend or to be
insensitive to the needs of people.
I have not gotten a clear sense
from the sponsor of this bill as to why the
advantage to siblings. I certainly understand
children. I certainly understand parents of
victims of 9/11. But I have yet to be able to
clearly understand -- when we first talked
about this bill I said that if in fact those
who were killed on 9/11 had dependent
siblings, I could understand any advantages
and supports that we would give to this
criteria.
But I have to continue to say to
you and to this body that there is no
sensibilities to me in extending additional
credits to siblings of persons unless those
siblings had as dependents those persons that
were killed in 9/11.
So I will be voting no.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: Let me share
4891
with you the story of Robert Cawley. He lives
in my district in Flushing. His brother
Michael was a hero on 9/11. He rushed into
the towers, saved a lot of lives, but
unfortunately didn't get out in time.
Their father is a retired
firefighter. The sibling that we're referring
to that would be covered by this bill
desperately wants to follow in the footprints
of his brother and his father.
I can think of no better motivation
to have that young man as a firefighter in the
City of New York. I've met him. I was with
him and his family when we named a street
after his brother. That young man gets on the
force, there's no question about his
dedication and motivation. That's the type of
person we want.
Now, there's precedent for this.
We give preferential treatment on civil
service lists to veterans, young men or women
who have been on active duty, as a
compensation for their service.
So when you ask the question what
is the reason for this, why do we want to do
4892
something like this, I just share with you the
story of Robert and Michael Cawley.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR GOLDEN: I do.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
I'm just curious, would you agree
that Senator Padavan's response is a
precedent; that is, the case of the person who
had active duty getting advantage in a civil
service exam? But this is simply a family
member of.
So I'm wondering whether, when you
were sponsoring this bill, you were using that
or other precedents or whether there are other
precedents for the sister or brother of
someone who had an affiliation with a
government agency getting precedence in taking
4893
exams -- excuse me, getting advantage in
taking exams.
SENATOR GOLDEN: Are there other
preferences in the City of New York for taking
tests?
SENATOR LIZ KRUEGER: For
siblings of others who worked for the City of
New York.
SENATOR GOLDEN: No. But we do
entice and we've done in past legislation in
allowing 5 points for those that live within
the City of New York.
We have done different preferences
over the years so that we could encourage
certain employment that would benefit those
that lived within the City of New York that
they would work in the City of New York.
So, yes, there is preference out
there. He's pointed out, my colleague, how
the veterans, how we have credits for them.
If you're a Purple Heart, recipient of the
Purple Heart, that your son and family are
automatically accepted into the services and
into their schools.
So there is a whole criteria that
4894
has been around for years in the city, state
of New York, and in this country.
SENATOR LIZ KRUEGER: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's
comments, and also my colleague Senator
Hassell-Thompson's comments on this bill.
I do think there are precedents for
giving extra points in civil service for
people for different reasons. I appreciate
your mentioning people who live in the City of
New York getting preference on civil service
exams. I think that in a perfect world we
would ensure that new people coming in to work
for the City of New York did live in the City
of New York, and that would be a win for our
city overall.
I also understand giving preference
to people who have been in the military -- and
you mentioned the Purple Heart -- because in
fact they are people who have made a direct
sacrifice and contribution to our country
4895
through their participation in our military,
and to some degree it's a natural training
match to go from protection of people in the
military to protection of people through our
fire department and our police department.
But I also know that we have a high
priority -- and we should in the City of
New York -- to ensure that we are diversifying
our police and fire departments, ensuring that
in fact it is not just as has historically
been the case too often, the family members of
people who already worked in police and fire
who are the people who continue to work in
police and fire.
I completely respect the example
given by Senator Padavan. A young man who
lost two people in the World Trade Center, his
father and his brother, and who still wants to
be a member of the New York Fire Department,
should be given accolades, and I would imagine
will be able to be brought in and pass the
test, I hope.
But I believe that in the bigger
picture for public policy, for priorities for
the City of New York, for the importance of
4896
expanding and diversifying the police and fire
department, that it is a precedent we don't
want to set that because you are the relative
of someone who lost their life while working
for the City of New York that that somehow
gives you priority in taking an exam or
passing an exam.
If we were discussing death
benefits for someone, we have seen expanding
eligibility for family members who of course
were harmed and traumatized by the loss of
life at the World Trade Center on
September 11th.
But I think that we really don't
want to open up this precedent. And I think
it would be a new precedent for brothers and
sisters of people who worked for the City of
New York and lost their life working for the
City of New York having some priority to
become employees.
So I will be voting against this
bill, while I certainly recognize and respect
the examples given in Senator Padavan's point
about the gentleman who lives in his own
district.
4897
Thank you, Madam President.
SENATOR GOLDEN: On the bill.
ACTING PRESIDENT MEIER: Senator
Golden.
SENATOR GOLDEN: Thank you, Mr.
President.
I rise because of situations that
are going on across the City of New York,
young family members trying, attempting to
become like their fathers, like their
brothers, like their sisters that were killed
on 9/11. I have Chief Ritchie's -- his son,
who was killed, and yet his other son wants to
go on and be just like his father and his
brother.
And we should allow that credit to
take place. And the reason we should is
because 9/11 was no normal fire, 9/11 was no
normal shootout with a police officer. 9/11
was an act of aggression, it was an attack
against this nation, it was an attack against
the City of New York and the people that died
in that were victims in a war, a war against
this country. And they deserve that extra
credit.
4898
And I'm proud to have been able to
sponsor this bill, and I'm proud of those that
vote with this bill, because it's sending the
right message.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed, then.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson, to explain her vote.
SENATOR HASSELL-THOMPSON: To
explain my vote.
Mr. President, I can appreciate the
story that we've heard from Senator Padavan.
And I can share a story with Senator Padavan
and with this chamber that would equal that
and greater.
One of the first acts that I did
when I became senator was to write a letter as
4899
an affidavit for a young man who had just
wanted, his whole life, since he was a young
boy, to become a firefighter in the City of
New York. And I wrote that letter for him,
and it gave him the two points that he needed
extra to verify that he lived in the Bronx.
He was a rookie, and he was one of
the rookies that was killed that day on 9/11.
So I understand about giving priorities.
But when I say to you that I have
difficulty extending this to siblings, I would
hope that the heroism with which the brother
died and the father served would be incentive
that would help any young man or young woman
want to join the fire department in the city
of New York or anywhere in the state of
New York. And I would want that whatever
advantage and opportunities that we could give
would be available to them.
But to legislate it and to give
priorities to siblings when we are struggling
to create diversity is giving an affirmative
action -- we're in a time when affirmative
action is dying. And so I am -- I will
continue to vote no, and I will say prayers,
4900
and continue, for those who are victims of
9/11. But I cannot allow us to be sidetracked
by the fact that we still have everyday wars
going on in our communities and the war for
equality is not dead.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson will be recorded in the
negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 549 are
Senators Hassell-Thompson, L. Krueger, and
M. Smith. Ayes, 57. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. I believe you have five bills
at the desk that were previously high that we
now have messages for. Could we have the
entire list read and then read them in order.
ACTING PRESIDENT MEIER: The
Secretary will read the bills which were
previously high, in order.
THE SECRETARY: Calendar Number
4901
743, by Senator Maltese, Senate Print 3274B,
an act to amend the Education Law.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT MEIER: We'll
get the bill on the floor first.
SENATOR MARCELLINO: Is there a
message of necessity at the desk, Mr.
President?
ACTING PRESIDENT MEIER: Yes,
there's a message at the desk, Senator
Marcellino.
SENATOR MARCELLINO: Move to
accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Senator Maltese, Senator Malcolm
4902
Smith has requested an explanation.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, my intent was that we read the
entire list for everybody to understand it and
then proceed through a regular reading. Just
to let everybody know the numbers.
ACTING PRESIDENT MEIER: The bill
is laid aside.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1480, by Senator Leibell, Senate Print 5493A,
an act to amend the Public Authorities Law.
SENATOR MARCELLINO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR MARCELLINO: Move to
accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
4903
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
The bill is laid aside.
THE SECRETARY: Calendar Number
1489, by Senator Volker, Senate Print 5581, an
act to amend the Estates, Powers and Trusts
Law.
SENATOR MARCELLINO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR MARCELLINO: Move to
accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
4904
The bill is before the house.
The bill is laid aside.
THE SECRETARY: Calendar Number
1537, by Senator Little, Senate Print 5635, an
act to amend the Environmental Conservation
Law.
SENATOR MARCELLINO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR MARCELLINO: Move to
accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
The bill is laid aside.
THE SECRETARY: Calendar Number
1541, by Senator Marchi, Senate Print 5650, an
4905
act to amend the Private Housing Finance Law.
SENATOR MARCELLINO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message.
SENATOR MARCELLINO: Move to
accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
The bill is laid aside.
Senator Saland.
SENATOR SALAND: Mr. President, I
would request unanimous consent to be recorded
in the negative on Calendar 694, Senate 3904.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative on Calendar 694.
4906
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. Without objection, I'd
also like unanimous consent to be recorded in
the negative on Calendar Number 1494, Senate
Print 5606.
ACTING PRESIDENT MEIER: Without
objection, Senator Maziarz will be recorded in
the negative on Calendar 1494.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we take those five bills and
read them in order.
ACTING PRESIDENT MEIER: All
right. The Secretary will take the five bills
for which messages of necessity were just
accepted and read them in order.
THE SECRETARY: Calendar Number
743, by Senator Maltese, Senate Print 3274B,
an act to amend the Education Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Maltese, Senator Liz Krueger has requested an
explanation.
4907
SENATOR MALTESE: Yes, Mr.
President.
This bill is an amendment to the
Education Law in relation to the treatment
record of animals. It has been requested by
the New York State Veterinary Medical Society
and is enthusiastically supported by that
society.
Basically, this would permit the
disclosure of treatment records by vets to law
enforcement officials. It specifies exactly
which law enforcement officials and, in
addition, specifically sets out the rationale.
When the veterinarian reasonably
and in good faith suspects that an animal's
injury, illness, or condition is the result of
animal cruelty; where the veterinarian
reasonably believes that disclosure of records
is necessary to protect the health or welfare
of an animal or the public; or where the vet
reasonably and in good faith reports -- or,
no, a veterinarian who reasonably and in good
faith reports or discloses records to those
law enforcement authorities in accordance with
these provisions shall be completely immune
4908
from civil or criminal liability.
Previously there was a memorandum
in opposition by the Farm Bureau. That
memorandum has been withdrawn, and the
New York Farm Bureau no longer takes a "no"
position.
Their memo reads: "New York's Farm
Bureau over 34,000-member family respectfully
offers no position on the above-referenced
legislation. The newly amended version of the
bill has addressed all of the core concerns
expressed by the New York Farm Bureau. Our
prior concerns with the bill have been
extinguished in the recent amendments. New
York Farm Bureau appreciates the sponsor's
recognition of our concerns and is no longer
taking a position on the legislation."
We met, and we worked out
amendments that responded to their concerns.
This bill now only concerns companion animals.
And it is enthusiastically supported by SPCA
and, as I mentioned before, the New York
Veterinary Medical Society.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
4909
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I'll just speak on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate Senator Maltese's
explanation and the changes that were made and
am strongly in support of your bill, Senator
Maltese.
But I would be guilty if I didn't
point out that here we are on the last day of
session, we are going to pass this bill, I am
sure, and I am glad we are, but we are
still -- and this is a bill to protect
companion animals, to assure that someone who
is aware of abuse of a companion animal can
report that information to the proper
officials.
And yet I fear we will end the
session today having not come to conclusion of
our clergy reporting bill, which would require
protection of children and the reporting of
abuse of children to the proper authorities.
So I just wanted to raise a
question for all of us to think about in our
4910
last few hours. We should not be going home
tonight, if we are going home tonight, without
completing our work on the clergy reporting
bill to protect our children if we are
prepared to move forward with a bill, as we
should, to protect animals.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: Senator
Maltese.
SENATOR MALTESE: Mr. President,
I think I realize the purpose of my good
colleague's statement. At the same time, I
think it's unfortunate that it be said at the
time of the consideration of this bill.
The Veterinary Medical Society has
pointed out an interesting fact that I think
is substantiated not only by my years in law
enforcement but by many, many other law
enforcement authorities. And in their
memorandum, they say "Animal abuse is a
heinous offense by itself. Unfortunately,
there is a clear and undisputed nexus between
animal abuse and subsequent domestic
violence."
They feel that enactment of this
4911
legislation will therefore prove to be an
essential tool in addressing future acts of
violence, whether directed against animals or
humans.
And I think that is something that
is well substantiated and something that we
should keep in mind. The same heinous
individuals who perform acts of cruelty and
abuse to animals in many cases do exactly the
same thing and even more terrible things to
human beings. It indicates a predisposition,
I believe, of cruelty and abuse.
And where veterinarians in this
case would be able to report their concerns to
the proper authorities, I think it serves a
dual purpose.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
4912
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. There will be an immediate
meeting of the Judiciary Committee in the
Majority Conference Room, 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Judiciary Committee
in the Majority Conference Room.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we return to the order of
motions and resolutions.
I believe there's a privileged
resolution by Senator Bruno at the desk. We'd
like that resolution read in its entirety and
move for its immediate adoption.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read the
privileged resolution in its entirety.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2397 celebrating
the 30th Anniversary of the Legislative
Messenger Service.
4913
"WHEREAS, It is the sense of this
Legislative Body that the quality and
character of life in this great Empire State
is greatly enriched by the faithful and
diligent work of those organizations which
serve to meet the special needs of the
community and its citizenry, and expand the
array of available life choices; and
"WHEREAS, Attendant to such
concern, and in full accord with its
long-standing traditions, this Legislative
Body is justly proud to celebrate the 30th
Anniversary of the Legislative Messenger
Service; and
"WHEREAS, The Legislative Messenger
Service provides a communications network
throughout the Empire State Plaza and
neighboring state buildings for Senate and
Assembly legislators and their staffs; and
"WHEREAS, The service employs and
trains disabled individuals as office
personnel and messengers, and is located in
the Legislative Office Building; and
"WHEREAS, The New York State
Legislature is proud to be one of the first
4914
state employers to hire persons with
disabilities. The first legislative messenger
was hired in 1973; and
"WHEREAS, Since then, the service
has grown to include a director, assistant
director, and 29 messengers and
message-coordinators; and
"WHEREAS, The Legislative Messenger
Service was officially created on January 1,
1989, with the merger of the Assembly and
Senate Messenger Services. However, its
predecessor, the Senate Messenger Service, had
been founded in 1973 by Senator William T.
Conklin, with the assistance of Louis Russo,
who was the first director; and
"WHEREAS, The Assembly Messenger
Service started in 1977. Prior to the
official merger in 1989, the two houses shared
their respective messenger services. Lou
Russo of the Senate served as director of the
messenger services beginning in 1973. David
Edyvean of the Assembly served as assistant
director beginning in 1977. Mr. Edyvean then
became director upon Mr. Russo's retirement in
1986. Assistant directors under Mr. Edyvean
4915
were Gerald Gravelle from 1986 to 1994, and
Beth Bonesteel, current assistant director,
beginning in 1999. Mr. Edyvean retired in
2002 and was replaced by the current director,
Kevin Kather; and
"WHEREAS, The Legislative Messenger
Service plays a very important part in
expediting the work of the New York State
Legislature. On October 20, 1991, the service
made its 100,000th delivery; and
"WHEREAS, The dedicated members of
the Legislative Messenger Service can be
relied on to provide swift and dependable
service; and
"WHEREAS, Of the 29 members, six
have at least 10 years of service, four have
at least 15 years of service, seven had at
least 20 years of service, six have at least
25 years of service, and three -- Richard E.
McDonald, Robert J. Pollock, and Francis W.
Rotundo -- have been employed by the
Legislative Messenger Service since 'day one'
and have 30 years of impressive service; and
"WHEREAS, It is the sense of this
Legislative Body that those organizations
4916
which unselfishly devote their energy, talent
and thoughtful care on behalf of improving the
quality and dignity of life in the community
are worthy and due full praise and recognition
for their noble and dedicated efforts; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to celebrate
the 30th Anniversary of the Legislative
Messenger Service; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the Legislative Messenger Service."
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
On behalf of Senator Bruno, who as
we all know is involved in negotiations --
otherwise, I'm sure he would be here to say
these words -- I just wish to thank the people
who serve as our messengers, the people who to
some extent are taken for granted because of
the work they do.
It's so important. We could not
4917
function as a body -- I know my office
couldn't function, and I doubt if anybody else
could work without the help of the messengers,
who do a job that is an absolute necessity.
They do with it pride, they do it well, and
they're a credit to the State of New York and
are a credit to this house, are a credit to
the Legislature.
I do thank you, ladies and
gentlemen, for the work you do. And I wish
you Godspeed and continued good efforts,
because we need you, we love you, and we care
for you. And I wish you Godspeed and good
luck.
Thank you, Mr. President.
(Standing ovation.)
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Yes, it's a
great pleasure for us to be able to thank the
messengers for all of their hard work on a day
like this.
And I am reminded of all the times
when we are faced with many stressful
activities and we're rushing from meeting to
4918
meeting and trying so hard to manage all of
our responsibilities as legislators, and then
we run across the messengers.
And they never fail to show, in
their high level of professionalism, that
extra bit of kindness. They say hello, they
ask how our days are going, they greet us as
friends, as associates. And they show a level
of pride not only in their jobs but in our
jobs as well. And they give us that little
lift that helps us remember that we're all
here to serve the public.
And so I'm happy to add my voice to
my many colleagues who I know would like to
express their warm and deep appreciation, not
only for the service provided by the
messengers but for the great example they set
for all of us as we do our jobs.
Thank you.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes, I
thank you, Mr. President. I too would like to
add my congratulations.
4919
You know, many mornings we come in
and this is a hard job and some days we're not
really feeling up to it. But it is so
pleasant because so many of the messengers I
meet in the elevator and they say, "Oh, you
look nice today," or "Good morning," and they
are my first smile of the day.
And so for that, I appreciate all
of you so very much for the way in which you
serve us so very well.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Just to echo what has been said
before, when I was here on staff, the
messengers helped me a lot. When I got here
as a Senator, the messengers helped me a lot.
In both houses, in both parties, this is truly
one of the absolutely superbly functioning,
truly bipartisan aspects of life here in a
Capitol that has far too few of those
elements.
So thank you, Nadine, everyone else
who has worked with me for so many years. And
4920
I know we'll be working together a lot. And
if all the rest of us could emulate the
messengers a little more, we might actually
have a better government in this state.
So thank you again.
(Applause.)
ACTING PRESIDENT MEIER: In case
the members haven't noted, our messengers are
in the gallery. And as you can all hear --
(Applause.)
ACTING PRESIDENT MEIER: As you
can all hear, you have the respect, the
gratitude, and the affection of each and every
member of the Senate. God bless you.
(Applause.)
ACTING PRESIDENT MEIER: The
question then is on the resolution. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
Senator Marcellino.
4921
SENATOR MARCELLINO: Mr.
President, could we return to the regular
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1480, by Senator Leibell, Senate Print 5493A,
an act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Leibell, an explanation has been requested.
SENATOR LEIBELL: Thank you, Mr.
President.
This bill amends Section 1678 of
the Public Authorities Law, which will permit
the Dormitory Authority to form one or more
subsidiaries for a variety of purposes.
These purposes would include
bidding, taking, holding, selling, conveying,
assigning, or transferring title to property
4922
held by the authority, entering into leases,
subleases, operating agreements, security
agreements, loan agreements, or other
encumbrances, and assuming or incurring any
indebtedness or other liabilities secured by
such property.
And also, after such subsidiary has
taken title to such property, acting in a
manner consistent with some or all of the
rights, obligations or responsibilities of the
prior owner of such property.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield.
ACTING PRESIDENT MEIER: Senator
Leibell, do you yield for a question?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So when I was reading the bill and
then reading the memo, it seemed clear to me
that this is intended by the Dormitory
4923
Authority, yet another off-budget authority,
to protect itself from liability by creating
subsidiaries.
So in a scenario where it invests
in or it bonds out money for a facility, which
is the role of the Dormitory Authority, the
facility defaults on its bonds and the state
has to in fact take possession of such
facility. But rather than the Dormitory
Authority taking ownership of such facility,
it would be a subsidiary. And the memo
specifically talks about protecting the state
from liability.
So my question is, if this was a
private company who had made an investment,
the investment, so to speak, went bad, it had
to become more hands-on, perhaps, by taking
over the facility, perhaps in an exactly
parallel situation to the Dormitory Authority,
would we as the government want them to be
able to use subsidiaries to exempt themselves
from liability?
So again, my concern is the parity.
Should government be allowed to exempt
ourselves from future liability when we make
4924
investment decisions if we wouldn't recognize
the right of a private company to figure out
how to remove itself from liability through
the use of subsidiaries?
SENATOR LEIBELL: Well, Senator,
I think that probably you're asking a question
that maybe goes right to the essence of why we
have authorities.
They are not something that is in
the private sector. They are meant to perform
a particular task that's important to us as a
state, as a society, and is less attractive,
possibly, for the private sector to do -- for
a variety of reasons, including management,
financial reasons.
And in this particular case -- and
I've met with the Dormitory Authority over a
period of some time now -- they were
addressing one particular case, which happened
to be a hospital in Westchester County. But
this is legislation that can be used in other
cases.
It does take an asset that is less
attractive, but that by putting money into it
they will be able to refurbish it, they will
4925
have a revenue stream, and that revenue stream
will be able to pay for the tax-exempt bonds
that will be issued.
It's probably not comparable to
anything you would see readily out there in
the private sector, but still it's viewed by
the Dormitory Authority, after they go through
their various checkoffs as to what's potential
in its long-range viability. And it's another
method for keeping an important institution or
institutions alive.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
I so appreciate your explanation.
And I do agree with you that one of
the reasons for the Dormitory Authority is
because the State of New York believes it is a
good use of our function as a government to be
4926
able to make loans for community facilities
that might not otherwise be built or continue
to be there for the benefit of the public.
And that in fact the Dormitory
Authority conceivably does sometimes take a
higher risk than the market would in the
investments that it makes. Again, in the
belief that that's good policy for us in the
State of New York.
And that in fact if you take higher
risks, you might in fact end up in a situation
where something goes wrong and the entity is
not capable of paying you back.
And I would agree with your example
that by and large, in most cases, if a
hospital was going to be lost to a community
because they defaulted on their bonds to us,
that we would want to move forward to try to
help ensure the continuation of that
institution and, in your example, the
betterment of that institution.
My concern, though, again still
falls on that liability question. If I am a
citizen who ends up being wronged by that
institution in some way, even
4927
unintentionally -- and a hospital is an
interesting example, because we know of course
of the issues of liability in hospitals, and
mistakes -- are we doing a disservice,
conceivably, to the public or individuals who
might not have the same legal protections
through our court system because we use
subsidiaries to separate ourselves -- in this
case, the State of New York -- from what would
become our obligations to the public because
we were investors and participants or, in this
scenario, perhaps the owner/operators of an
institution?
So I'm concerned about the balance
between the public good in the purpose of the
Dormitory Authority and the public good of are
we trying to actually avoid liability that
should rightly be ours if we are the
owner/operator.
SENATOR LEIBELL: The Dormitory
Authority or the subsidiary's liability would
be on the bonds themselves, not on a
slip-and-fall that occurs at the hospital or a
potential malpractice.
There should be -- I'm sure the
4928
Dormitory Authority would insist upon this --
there should be the normal types of insurance
available to them that would protect anybody
who is injured. So that wouldn't necessarily
be something that should affect these.
But with respect to the risk of
those who invest in it, I would anticipate
that because it's possibly a less attractive
investment, there will be a higher rate of
return for the investment. Anybody who buys a
bond, I would anticipate it's like anything
else. You can compare it to the private
sector; less attractive, they'll pay more.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
yield to one more question.
ACTING PRESIDENT MEIER: Senator
Leibell, do you yield for a question?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Leibell, again just for me
to perhaps satisfy myself on this, why would
we need a subsidiary corporation rather than
4929
it simply being the Dormitory Authority
itself? What is an example of why there's an
advantage if it's not to avoid responsibility
in some scenario?
SENATOR LEIBELL: To answer that,
I think we try and keep -- to make the
Dormitory Authority work, we try to keep it in
a situation where their interest rates would
be as attractive as possible.
To the extent they take on less
attractive risk or operations, it will affect
all their interest rates.
So this can have the benefit of
allowing investors to know that in a case like
this, it may in fact be a less attractive
investment, they'll get a higher return on
their dollar, but it doesn't spread across all
the other investments.
SENATOR LIZ KRUEGER: Okay, thank
you.
Mr. President, briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I very much appreciate the
4930
Senator's explanation, and I think these are
complicated issues. And I think the answers
that you gave are correct and are a legitimate
argument for the Dormitory Authority going
down this road.
But I still find myself in the
situation -- particularly with off-budget
public authorities, I'm not comfortable with
how we monitor and oversee them or their
finances or their decision-making or their
reporting now.
And the idea of now New York State
taking one more step of allowing subsidiary
corporations of off-budget corporations for
investment and liability purposes, I think we
are going beyond the scope of what government
intended or this Legislature intended when it
originally created authorities.
And that every time you make a new
layer of someone else's responsibility,
someone else's liability, no obligation to
report back to the Legislature and the people,
that you create one more potential open-risk
problem from a good government perspective and
a public accountability perspective.
4931
So while I don't have a specific
argument with any of the points you made or
the legitimacy in this example, I still would
argue it's not really in the best interests of
the people of New York State to now allow
subsidiary corporations of off-budget
corporations without a complete review of what
the functions of these authorities are in the
21st century, what the responsibilities and
accountability paths are, who's watching,
who's getting reports, and who's monitoring.
So I will vote no. But I certainly
respect the bill and the argument.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
4932
is passed.
THE SECRETARY: Calendar Number
1489, by Senator Volker, Senate Print 5581, an
act to amend the Estates, Powers and Trusts
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1537, by Senator Little, Senate Print 5635, an
act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2003.
4933
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1541, by Senator Marchi, Senate Print 5650, an
act to amend the Private Housing Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, would you call up Calendar 1295,
please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1295.
4934
THE SECRETARY: Calendar Number
1295, by Senator Johnson, Senate Print 4883B,
an act to amend the Public Officers Law.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR MARCELLINO: Move to
accept, please.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4935
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Can we move
now to Senate Supplemental Calendar 60A and
have the noncontroversial reading, please.
ACTING PRESIDENT MEIER: The
Secretary will read.
SENATOR MARCELLINO: Mr.
President, before we do that -- our mistake --
can we have the report of the Rules Committee
read, please.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 538A, by Senator
Larkin, an act to amend the Social Services
4936
Law;
600A, by Senator Hannon, an act to
amend the General Business Law;
667A, by Senator Padavan, an act to
amend the Executive Law;
992A, by Senator Trunzo, an act to
amend the Real Property Tax Law;
1042B, by Senator Johnson, an act
to amend the Public Health Law;
2302, by Senator Bonacic, an act in
relation;
2472A, by Senator Padavan, an act
to amend the Vehicle and Traffic Law;
2515A, by Senator Spano, an act to
amend the Public Health Law;
2545, by the Senate Committee on
Rules, an act to amend the Criminal Procedure
Law;
2611, by Senator LaValle, an act to
authorize;
2635, by Senator Padavan, an act to
amend the Alcoholic Beverage Control Law;
3234, by Senator Robach, an act to
amend the Civil Service Law;
3373A, by Senator Golden, an act to
4937
amend the General Business Law;
4088, by Senator Robach, an act to
amend the Civil Service Law;
4179B, by Senator Golden, an act to
amend the Vehicle and Traffic Law;
4552, by Senator Morahan, an act to
amend the Election Law;
4634A, by Senator Fuschillo, an act
to amend the Vehicle and Traffic Law;
4702B, by Senator DeFrancisco, an
act to amend the General Obligations Law;
4829, by Senator Padavan, an act to
amend the Real Property Tax Law;
5020, by Senator Padavan, an act to
amend the Private Housing Finance Law;
5053, by Senator Velella, an act to
amend the Alcoholic Beverage Control Law;
5422A, by Senator Farley, an act to
amend the Banking Law;
5434, by Senator Robach, an act to
amend the Civil Service Law;
5485A, by the Senate Committee on
Rules, an act to amend the Tax Law;
5486A, by Senator Meier, an act to
amend the Parks, Recreation and Historic
4938
Preservation Law;
5570, by Senator Bonacic, an act to
amend the Insurance Law;
5571, by Senator Robach, an act to
amend the Correction Law;
5576, by Senator Padavan, an act to
amend the Private Housing Finance Law;
5595, by Senator Golden, an act to
amend the Criminal Procedure Law;
5605, by Senator Seward, an act to
amend the Correction Law;
5638, by Senator Libous, an act to
amend the Mental Hygiene Law;
5653, by Senator Hoffmann, an act
authorizing;
And Senate Print 5549, by Senator
Oppenheimer, an act to authorize.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
I move to accept the report of the Rules
Committee.
ACTING PRESIDENT MEIER: All
4939
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Balboni.
SENATOR BALBONI: May we take up
that calendar now.
ACTING PRESIDENT MEIER: The
Secretary will do the noncontroversial reading
of Supplemental Calendar 60A.
THE SECRETARY: In relation to
Calendar Number 1509, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1038A and substitute it
for the identical Senate Bill Number 538A,
Third Reading Calendar 1509.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1509, by Member of the Assembly Jacobs,
4940
Assembly Print Number 1038A, an act to amend
the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1520, by Senator Hannon, Senate Print 600A, an
act to amend the General Business Law, in
relation to protecting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
4941
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1544, by Senator Padavan, Senate Print 667A --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1545, by Senator Trunzo, Senate Print 992A, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BALBONI: I move that we
accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
4942
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1546, by Senator Johnson, Senate Print 1042B,
an act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
4943
is passed.
THE SECRETARY: Calendar Number
1547, by Senator Bonacic, Senate Print 2302,
an act in relation to granting.
ACTING PRESIDENT MEIER: 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 MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1548, by Senator Padavan, Senate Print 2472A,
an act to amend the Vehicle and Traffic Law
and the Administrative Code of the City of
New York.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
4944
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
3. Senators Fuschillo, Meier, and Nozzolio
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1549, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1228 and substitute it
for the identical Senate Bill Number 2515A,
Third Reading Calendar 1549.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1549, by Member of the Assembly Brodsky,
Assembly Print Number 1228, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
4945
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1550, by the Senate Committee on Rules, Senate
Print Number 2545, an act to amend the
Criminal Procedure Law and others.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1551, by Senator LaValle, Senate Print 2611,
an act to authorize payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4946
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1552, by Senator Padavan, Senate Print 2635,
an act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR BALBONI: Mr. President,
would you please lay this bill aside.
ACTING PRESIDENT MEIER: That
bill will be laid aside.
SENATOR BALBONI: Thank you very
much.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: In relation to
Calendar Number 1553, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7865 and substitute it
for the identical Senate Bill Number 3234,
Third Reading Calendar 1553.
ACTING PRESIDENT MEIER:
4947
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1553, by the Assembly Committee on Rules,
Assembly Print Number 7865, an act to amend
the Civil Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1554, by Senator Golden, Senate Print 3373A,
an act to amend General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4948
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1555, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7192 and substitute it
for the identical Senate Bill Number 4088,
Third Reading Calendar 1555.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1555, by Member of the Assembly Abbate,
Assembly Print Number 7192, an act to amend
the Civil Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
4949
1. Senator Seward recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1556, by Senator Golden, Senate Print 4179B,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BALBONI: I would move
now to accept the message of necessity.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
4950
THE SECRETARY: Section 2. This
act shall --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1557, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6435 and substitute it
for the identical Senate Bill Number 4552,
Third Reading Calendar 1557.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1557, by Member of the Assembly Galef,
Assembly Print Number 6435, an act to amend
the Election Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4951
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1558, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 4400A and substitute it
for the identical Senate Bill Number 4634A,
Third Reading Calendar 1558.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1558, by Member of the Assembly Ortiz,
Assembly Print Number 4400A, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
4952
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1559, by Senator DeFrancisco, Senate Print
4702B, an act to amend the General Obligations
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1560, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8179 and substitute it
for the identical Senate Bill Number 4829,
Third Reading Calendar 1560.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
4953
THE SECRETARY: Calendar Number
1560, by the Assembly Committee on Rules,
Assembly Print Number 8179, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1561, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8617 and substitute it
for the identical Senate Bill Number 5020,
Third Reading Calendar 1561.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1561, by the Assembly Committee on Rules,
4954
Assembly Print Number 8617, an act to amend
the Private Housing Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1562, by Senator Velella, Senate Print 5053,
an act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
4955
is passed.
THE SECRETARY: In relation to
Calendar Number 1563, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8889A and substitute it
for the identical Senate Bill Number 5422A,
Third Reading Calendar 1563.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1563, by the Assembly Committee on Rules,
Assembly Print Number 8889A, an act to amend
the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
4956
Calendar Number 1564, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8399 and substitute it
for the identical Senate Bill Number 5434,
Third Reading Calendar 1564.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1564, by the Assembly Committee on Rules,
Assembly Print Number 8399, an act to amend
the Civil Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1565, by the Senate Committee on Rules, Senate
Print Number 5485A, an act to amend the Tax
4957
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1566, by Senator Meier, Senate Print 5486A --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1568, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 707A, and substitute it
for the identical Senate Bill Number 5571,
Third Reading Calendar 1568.
ACTING PRESIDENT MEIER:
Substitution ordered.
4958
The Secretary will read.
THE SECRETARY: Calendar Number
1568, by Member of the Assembly M. Cohen,
Assembly Print Number 707A, an act to amend
the Correction Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1570, by Senator Golden, Senate Print 5595, an
act to amend the Criminal Procedure Law.
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
4959
Calendar Number 1571, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7024 and substitute it
for the identical Senate Bill Number 5605,
Third Reading Calendar 1571.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1571, by Member of the Assembly Finch,
Assembly Print Number 7024, an act to amend
the Correction Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1572, by Senator Libous, Senate Print 5638, an
act to amend the Mental Hygiene Law and the
4960
Correction Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Balboni, that completes the
noncontroversial reading of Supplemental
Calendar 60A.
SENATOR BALBONI: Mr. President,
I would ask for unanimous consent to be
recorded in the negative on Calendar Number
1548, by Senator Padavan, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Balboni will be recorded in
the negative on Calendar 1548.
Senator Velella.
SENATOR VELELLA: Mr. President,
I too would like to be recorded in the
negative on 1548, by Senator Padavan.
ACTING PRESIDENT MEIER: Without
objection, Senator Velella will be recorded in
the negative on Calendar 1548.
Senator Duane.
4961
SENATOR DUANE: Thank you, Mr.
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1554.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 1554.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President. With unanimous consent I would
request to be recorded in the negative on
Calendar Number 1509.
ACTING PRESIDENT MEIER: Without
objection, Senator Wright will be recorded in
the negative on Calendar 1509.
Senator Balboni.
SENATOR BALBONI: Mr. President,
I would like to make an announcement that
there will be an immediate conference of the
Senate Majority in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate conference of the Senate Majority in
the Majority Conference Room.
Senator Krueger.
4962
SENATOR LIZ KRUEGER: Yes, I
would like to announce an immediate conference
in the Minority Conference Room of the
Minority.
ACTING PRESIDENT MEIER:
Immediate conference of the Minority in the
Minority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 1:05 p.m.)
(Whereupon, the Senate reconvened
at 2:23 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Thank you, Mr.
President. Can we please take up the
Supplemental Active List, noncontroversial
reading.
ACTING PRESIDENT MEIER: Senator
Morahan, just before we do that, Senator
Libous has asked permission to change a vote.
Can we take care of that first and then go to
the supplemental active list?
SENATOR MORAHAN: Certainly, Mr.
President.
4963
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you, Mr.
President. Could I have unanimous consent to
be recorded in the negative on Calendar 1494
and 1548, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Libous will be recorded in
the negative on Calendar Numbers 1494 and also
1548.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. I would like to request
unanimous consent to be recorded in the
negative on Calendar Number 1509, Senate Print
538A.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
Senator Maltese.
SENATOR MALTESE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Maltese will be recorded in
the negative on 1548.
4964
SENATOR MALTESE: Thank you.
ACTING PRESIDENT MEIER: The
Secretary will now conduct the
noncontroversial reading of the Supplemental
Active List.
THE SECRETARY: Calendar Number
54, by Member of the Assembly Grannis,
Assembly Print Number 2263A, an act to amend
the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
336, by Member of the Assembly Canestrari,
Assembly Print Number 7517, an act to amend
the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
4965
THE SECRETARY: Section 3. This
act shall take effect in six months.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
817, by Senator Rath, Senate Print 2045A, an
act to amend the Public Health Law, in
relation to the Childhood Obesity Prevention
Program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, why do you rise?
4966
SENATOR McGEE: I'd like to be
recognized for changing a vote, if I may. On
1509, I'd like to be registered in the
negative.
ACTING PRESIDENT MEIER: Without
objection, Senator McGee will be recorded in
the negative on Calendar 1509.
SENATOR McGEE: Thank you.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Mr. President,
I ask unanimous consent to be recorded in the
negative on Calendar Number 1509.
ACTING PRESIDENT MEIER: Without
objection, Senator Nozzolio will be recorded
in the negative on Calendar 1509.
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President. I would ask unanimous consent to
be recorded in the negative for Calendar 1509.
ACTING PRESIDENT MEIER: Without
objection, Senator Bonacic will be recorded in
the negative on Calendar 1509.
Senator Larkin.
SENATOR LARKIN: Mr. President,
4967
I'd like unanimous consent to be recorded in
the negative on Calendar Number 1567.
ACTING PRESIDENT MEIER: Without
objection, Senator Larkin will be recorded in
the negative on Calendar 1567.
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar Number
1509.
ACTING PRESIDENT MEIER: Without
objection, Senator Seward will be recorded in
the negative with regard to Calendar 1509.
SENATOR MORAHAN: I stand to be
recognized and ask that the members hold their
changing of votes or whatever it may be until
after we finish the noncontroversial reading
of the supplemental calendar.
ACTING PRESIDENT MEIER: Very
well. Thank you, Senator Morahan.
The Secretary will conduct the
noncontroversial reading of the Supplemental
Active List.
THE SECRETARY: Calendar Number
819, by Senator Hannon, Senate Print 4016A, an
4968
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect in one year.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Rath recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
942, by Member of the Assembly Sweeney,
Assembly Print Number 4986, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
4969
is passed.
THE SECRETARY: Calendar Number
999, by Senator Balboni, Senate Print 4747B,
an act relating to the payment of taxes or
assessments.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Balboni, to explain his vote.
SENATOR BALBONI: Yes, Mr.
President. I'd like to thank Senator Skelos
for his leadership on this bill, and I'd like
to thank my colleagues.
This corrects a real unfairness
that has been perpetuated upon two or three of
my districts, two of my election districts in
my Senate district, who have been paying a
sewer tax when they're not even hooked up to
the sewer. So this corrects that deficiency,
and it's long overdue.
4970
Thank you very much, Mr. President.
I vote aye.
ACTING PRESIDENT MEIER: Senator
Balboni will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Just on the
bill, Mr. President. I also vote aye.
But I want to congratulate my
colleague, Senator Balboni. You know, the
County of Nassau, under the county executive,
have been collecting this tax inappropriately.
So thank you, Senator Balboni, on behalf of
the residents of the East Hills community for
correcting this problem that they've been
faced with for many years.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes, I'd
like to congratulate my colleague, Senator
Fuschillo, for his congratulations of Senator
Balboni, who congratulated Senator Skelos.
And I hope that everyone now is happy.
4971
(Laughter.)
ACTING PRESIDENT MEIER: Let me
exercise a prerogative of the chair to
congratulate everyone.
(Laughter.)
ACTING PRESIDENT MEIER: The bill
is passed.
And the Secretary will continue to
read.
THE SECRETARY: Calendar Number
1326, by Senator Kuhl, Senate Print 5370, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Now would be an
appropriate time for any Senators who would
4972
like to change their votes, they'll be
recorded.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
I'd like to have unanimous consent to be
recorded in the negative on Calendar 1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Skelos will be recorded in
the negative on 1548.
Senator Farley.
SENATOR FARLEY: 1509, I'm in the
negative.
ACTING PRESIDENT MEIER: Without
objection, Senator Farley will be recorded in
the negative on 1509.
Senator Morahan.
SENATOR MORAHAN: I'd like to be
recorded in the negative on 1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on 1548.
Senator Marcellino.
SENATOR MARCELLINO: I also would
like to be recorded in the negative on
4973
Calendar Number 1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Marcellino will be recorded
in the negative on 1548.
Senator Maziarz.
SENATOR MAZIARZ: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Maziarz will be recorded in
the negative on Calendar 1548.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I'd like unanimous consent to be
recorded in the negative on Calendar 1509 and
1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on 1509 and 1548.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
unanimous consent to be recorded in the
negative, 1548.
ACTING PRESIDENT MEIER: Without
4974
objection, Senator Bonacic will be recorded in
the negative on Calendar 1548.
Senator Farley.
SENATOR FARLEY: 1548, in the
negative.
ACTING PRESIDENT MEIER: Senator
Farley will be recorded in the negative on
1548, without objection.
Senator Morahan.
SENATOR MORAHAN: Can we just
hold up for a minute, please. We want to do a
little counting.
Mr. President.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Is there any
housekeeping up there?
I believe there's a report of the
Judiciary Committee, which I'd like to have
read and move for its adoption.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
4975
reports the following nominations.
As a judge of the Court of Claims,
Philip M. Grella, of Merrick.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise to
move the nomination of Philip M. Grella as
judge of the Court of Claims, the Criminal
Part.
Judge Grella was before the Senate
Judiciary Committee, was found to be well
qualified -- very, very well qualified. And
in fact, several committee members mentioned
that his presentation and his resume was
probably, if not the best, one of the best
backgrounds for the position to which is he
going to be approved today.
I would request that Mr. President
recognize Senator Fuschillo to second the
nomination.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you
very much, Mr. President.
It is certainly a great time in my
4976
life to be able to stand up and second the
nomination of somebody of the caliber of Phil
Grella. And it doesn't surprise me, the
comments from the Judiciary chair, Senator
DeFrancisco, that the committee thought this
was one of the best individuals that ever came
before the committee.
I haven't complimented Governor
Pataki in a while because we've had some tense
relationships over the past couple of months,
but this is certainly one that I'll say,
Governor, good job.
Phil Grella is -- putting aside his
judicial experience, his 25-plus years in the
district attorney's office, and his commitment
to his community, Phil Grella is just an
outstanding individual.
I know his wife is here, his true
partner in life. And, Marilyn, you are
certainly his better half. And I have to tell
you, it's such a pleasure getting to know you
a lot better in the past couple of years.
But, Judge Grella, I am honored to
stand up before my colleagues in this house
and second your nomination. And I know you
4977
will certainly be a credit to the court, but
certainly a credit to the 18 million people of
the state of New York.
So I proudly second the nomination
and I wish you Godspeed and the best of luck
on the bench.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
during the confirmation process I believe it
is wholly appropriate for members who know the
nominees to stand up and give you just a
little taste of their personality and
character.
Judge Grella is the person that you
want considering a matter that you carry
about. He has a tremendous temperament, a
tremendous amount of patience, and a great
understanding of human nature. Every time
I've had a conversation with the judge, he has
been open, forthright, knowledgeable.
He'll be a terrific addition to the
bench, and Governor Pataki should be
congratulated.
Thank you, Mr. President.
4978
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. I too would like to rise to
congratulate Judge Grella. He's a fine
person, a fine judge, and a credit to the
county in which I live. And he will be a
credit to the people of New York State.
Thank you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: I want to
congratulate Senator Marcellino on the brevity
of his statement.
But I'm delighted to rise and join
in confirming and moving the nomination of
Judge Grella. He's a good friend, obviously,
to all of us from Nassau County. But what's
even more important, he's a good family
person, a good human being, and has all the
qualifications -- not just book
qualifications, but also temperament
qualifications to be a great judge.
So congratulations to you, Judge
Grella.
4979
ACTING PRESIDENT MEIER: The
question is on the confirmation of Philip M.
Grella as a judge of the Court of Claims. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Judge Grella is with us today in
the gallery. He is accompanied by his wife,
Marilyn, his brother-in-law and sister-in-law
Louis and Joann Ballato, and his
brother-in-law and sister-in-law Arthur and
Margaret Ballato.
Judge Grella, we wish you well with
your important duties. Good luck.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Michael E. Hudson, of
Amherst.
ACTING PRESIDENT MEIER: Senator
4980
DeFrancisco.
SENATOR DeFRANCISCO: I again am
proud to rise to move the nomination of
Michael E. Hudson as a judge of the Court of
Claims. This is the Civil Part.
This was a particularly fine day
for the Judiciary Committee, because these
individuals not only had great backgrounds and
great qualifications, as the committee so
found, but each of the nominees obviously have
the judicial temperament and the service to
our community that is so necessary to make
good judgments in very, very serious cases.
I would ask, Mr. President, if you
would recognize Senator Rath to second the
nomination.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Thank you, Mr.
President. Thank you, my colleagues.
It is with great pleasure that I
rise to second the nomination of Michael
Hudson for Court of Claims judge. Michael is
not only a well-qualified lawyer and a
well-qualified person who's worked in the
4981
courts for over 17 years, but a close personal
friend.
If you've looked at Michael's
resume, you will see that not only was he, as
I said, found to be well-qualified, but served
eight years in the district attorney's office
and 17 years as a confidential clerk to a
Supreme Court judge in Erie County. That
judge happened to have been my husband.
So you know that we are very good
friends, and you know my highest regard for
Michael and his wife, Dale, and his son,
Matthew.
Michael not only has a deep, deep
knowledge of the law, but he has a respect for
the system, the system that brings us to the
chamber, the system that brings judges to the
point where they are no longer part of that
political system but they do know that it's
the marriage of politics and government that
keep all of the systems working that our great
country depends on.
Michael has a genuine concern, a
genuine concern, not only for the people who
will find themselves involved in the judicial
4982
system, but for the system itself, a respect
for the judicial system.
And if I can draw your attention to
the beautiful piece of art glass directly over
where Senator Meier is standing, if you look
at it and look at the woman on the right as we
look at the symbol of the State of New York,
the woman on the right holds the scales of
justice in her hand.
And, Michael, I know that you will
weigh equally, as that blind justice symbol
shows us there, you will weigh the balance of
the people who come in front of you as well as
the justice system that New York State is so
rightfully proud of.
Good luck and Godspeed.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I want to rise to support this
nomination. This is a great day for the
judiciary. I was just talking to another
Court of Claims judge in Western New York on
the phone a very short time ago, and he can
4983
hardly wait to get to work with Mike Hudson
because of Mike's vast experience, both in
private practice in the district attorney's
office in Erie County, and then clearly for
the last several years as the principal law
clerk to Judge Ed Rath.
I know this is a very special day
for Mike. It's a day that's seemed like it's
been a long time in coming. And I that being
here is very special, with his wife, Dale, and
his son, Matt.
But, Mr. President, I know that
this is also a very, very special day for
Senator Mary Lou Rath. She has sought this
nomination for this well-deserved nominee.
And Mike learned a lot from Judge
Rath, and I'm sure that he is here today in
this room in spirit, and he is also very proud
of you, Mike, and very proud of your family.
Congratulations. You're going to
do a great job. And it's a great day for
Western New York and this chamber.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
4984
SENATOR VOLKER: Mr. President, I
too want to rise on behalf of Mike Hudson.
I've known him for many years. He
is a top-flight -- as I said in the Judiciary
Committee, and I say this with great
sincerity, he is a fine lawyer, always has
been a fine lawyer. And obviously any judge
has to have a sense of justice, and he does.
But the best judges, obviously, are the best
lawyers. And Mike Hudson is one of those.
One of the last conversations I had
with the late Ed Rath, he mentioned to me that
he's the guy that definitely should be a judge
in the fairly near future.
And today is that day.
Congratulations.
ACTING PRESIDENT MEIER: The
question is on the nomination of Michael E.
Hudson as a judge of the Court of Claims. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
4985
nominee is unanimously confirmed.
Judge Hudson is with us in the
gallery. He is accompanied by his wife, Dale,
and his son, Matthew.
Judge, congratulations and best
wishes.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Maxwell Wiley, of New York.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Again, I'm
proud to rise to move the nomination of Judge
Maxwell Wiley for a Court of Claims position.
This is going to be a Criminal Part.
And if you've reviewed his resume
as the members of the Judiciary Committee
reviewed it, it is very, very obvious that he
is more than well qualified, and the committee
so found, for this particular position.
I would request that Mr. President
recognize Senator Krueger to second the
nomination.
4986
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
I rise proudly to second the
nomination of Maxwell Wiley to be a judge in
the Court of Claims. And I am embarrassed
that I don't know Judge Wiley, after so many
people here knew other nominees. I think in
the County of Manhattan, shockingly, we don't
know everyone, although I am trying to.
But learning about Mr. Wiley, who
is joined here today by his father-in-law, Ed
Rosenthal, what can I tell you? He has been
working for the New York County district
attorney's office since 1986 and he's
currently been a deputy chief of the trial
bureau. And I don't think there's any doubt
about the extraordinary reputation and work
done by the Manhattan district attorney's
office.
And given his long history of
accomplishment in that very difficult
office -- and I must add the fact that he is a
alma mater of my alma mater, the University of
Chicago -- I am very proud, as a Senator from
4987
Manhattan, although he is not in my district
directly, to be able to stand and rise in
second of his nomination and to applaud him
and to say with confidence that I know he will
do us proud as a judge on the Court of Claims.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the nomination of Maxwell Wiley
as a judge of the Court of Claims. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Judge Wiley is with us today in the
gallery. He's accompanied by his
father-in-law, Ed Rosenthal.
Judge Wiley, congratulations and
best wishes to you.
(Applause.)
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I request
4988
unanimous consent to vote in the negative on a
series of bills.
Calendar 119, Senate Print 335A;
Calendar 895, Senate Print 502; Calendar 1489,
Senate Print 5581; Calendar Number 1495,
Senate Print 5611.
Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative with regard to
Calendars 119, 895, 1489, and 1495.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President, can we return to the controversial
reading of Calendar 60A, supplemental
calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
reading of Supplemental Calendar 60A.
SENATOR LaVALLE: Mr. President.
ACTING PRESIDENT MEIER: Senator
LaValle, why do you rise?
SENATOR LaVALLE: Can I be
recognized to have unanimous consent to be
recorded in the negative on Calendar Number
4989
1548, please.
ACTING PRESIDENT MEIER: Without
objection, Senator LaValle will be recorded in
the negative with regard to Calendar 1548.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes, Mr.
President, I request unanimous consent to be
recorded in the negative on Calendar Number
1548.
ACTING PRESIDENT MEIER: Without
objection, Senator Malcolm Smith will be
recorded in the negative on Calendar 1548.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. Mr. President, point of order.
It's noisy in back of me.
Mr. President, I would like to be
recorded in the negative on Calendar 1548.
ACTING PRESIDENT MEIER: All
right. Senator Montgomery, without objection,
you will be recorded in the negative on
Calendar 1548.
The Secretary will read.
THE SECRETARY: Calendar Number
1544, by Senator Padavan, Senate Print 667A,
4990
an act to amend the Executive Law and the
Public Officers Law.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Padavan, Senator Montgomery has requested an
explanation.
SENATOR PADAVAN: Thank you, Mr.
President.
This bill deals with the very
serious problem of providing security
requirements in and about facilities that are
for the generation and transmission of power.
It requires certain standards. It requires
oversight.
Currently, there are no such
requirements for any of these facilities.
They are left to the individual entity to
determine what they might be. Some do, and
I'm sure responsibly so, have security
measures. But again, there is no standard
that must be met.
In light of the current environment
that we all exist in in this country, we do
know that power plants and other related
facilities are an inviting target for
4991
terrorists. Therefore, this legislation has
as its basic goal the creation of standardized
security measures for such facilities.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield to one question.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I think that it's clear that we
need in this time to ensure that there are
security measures in place for energy
generating and transmission facilities. But I
also think we recognize that we have
obligations to protect rights to public
information through the Freedom of Information
Law.
So my one question is, does Senator
Padavan know whether the Department of State's
4992
Committee on Open Government has reviewed this
legislation and whether they oppose it on any
grounds for protection of Freedom of
Information.
SENATOR PADAVAN: Yes, I do.
SENATOR LIZ KRUEGER: May I ask
the sponsor another question, please, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: You just
wanted me to ask you a second question, didn't
you, Senator.
And what is their position, Senator
Padavan?
SENATOR PADAVAN: They are in
favor of this legislation.
SENATOR LIZ KRUEGER: Thank you
very much.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
4993
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1550, by the Senate Committee on Rules, Senate
Print Number 2545, an act to amend the
Criminal Procedure Law and others.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Did someone ask
for an explanation? No.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
4994
is passed.
THE SECRETARY: Calendar Number
1552, by Senator Padavan --
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1556, by Senator Golden, Senate Print 4179B,
an act to amend the Vehicle and Traffic Law.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT MEIER: Senator
Golden, Senator Malcolm Smith has requested an
explanation of Calendar 1556.
SENATOR GOLDEN: Thank you, Mr.
President.
This bill would permit the
sanitation officers of the City of New York to
issue summonses when a handbill or leaflet
containing an advertisement is left on a car.
It further provides that it shall be a
presumption that the person whose name,
address, and other identifying information is
in violation of this section of law.
Background. This bill amends a
4995
section of the Vehicle and Traffic Law which
already prohibits the placing of handbills and
other forms of advertisement on cars.
Presently summonses may only be issued by
police officers and other enforcement
personnel to a person putting a leaflet on the
car.
By creating this presumption, this
bill will provide that the person who is
advertising has caused the leaflet to be
placed there.
There is also a present bill in
effect in the City of New York, and that's
similar to the poster bill, and that's what we
based this law on.
ACTING PRESIDENT McGEE: Senator
M. Smith.
SENATOR MALCOLM SMITH: Madam
President, if the sponsor would yield for just
a question or two.
ACTING PRESIDENT McGEE: Senator
Golden, will you yield for some questions?
SENATOR GOLDEN: I do, Madam
President.
ACTING PRESIDENT McGEE: The
4996
Senator yields.
SENATOR MALCOLM SMITH: Through
you, Madam President, does this bill require
flyers that are on cars on public streets
only? Or are you talking about if they're in
parking lots in addition to?
SENATOR GOLDEN: Public streets,
not on private property.
ACTING PRESIDENT McGEE: Senator
Smith.
SENATOR MALCOLM SMITH: Madam
President, if the sponsor would continue to
yield.
SENATOR GOLDEN: I do.
ACTING PRESIDENT McGEE: Senator
Golden continues to yield.
SENATOR GOLDEN: Thank you, Madam
President.
SENATOR MALCOLM SMITH: You
indicated, Senator Golden, that this was a
similar bill to Senator Padavan's poster bill.
SENATOR GOLDEN: Yes, sir.
SENATOR MALCOLM SMITH: And my
question to you is, in terms of enforcement,
what is the notice of service?
4997
SENATOR GOLDEN: It would be done
through the ECB, Environmental Control Board.
They would be the notifying agency. And they
would do it through the mail. After a 30-day
period, if they had not responded, and then
they will serve the subpoena on them.
SENATOR MALCOLM SMITH: One final
question, Madam President, through you.
ACTING PRESIDENT McGEE: Senator
Golden, do you continue to yield?
SENATOR GOLDEN: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MALCOLM SMITH: In regard
to flyers being placed on cars that are, for
instance, in a private parking lot, would this
bill also apply to them?
SENATOR GOLDEN: No, it would
not, sir.
SENATOR MALCOLM SMITH: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Smith, on the bill.
SENATOR MALCOLM SMITH: Madam
President, I do understand the sponsor's
4998
interest in this bill. And as one who
understands the result of garbage and papers
that are thrown on the street, as similar to
why Padavan introduced his bill, my only
concern with this bill is that in many
instances you will find, whether it is
churches or private companies, particularly in
the City of New York, that may put flyers on a
particular car for a particular interest, they
may actually put flyers on cars that are
necessarily parked in an area that they're
only affiliated with the particular proprietor
or the particular nonprofit institution.
And in those regards, where the
nonprofit institution is trying to market
their own particular interest or market their
own particular program, that particular
institution would then be subject to a fine,
according to the sponsor's bill.
While I do understand the need for
keeping the environment clean, the only
concern I have here is that you have a number
of nonprofit organizations that tend to market
their skills and market what they offer
through these particular means.
4999
And where I have not seen any
particular outcry from the public to find this
offensive, I have no interest in this bill and
at this time will have to vote no on the bill.
I don't necessarily encourage my colleagues to
do so, for this may not be a concern of
theirs, but it is one concern of mine.
Thank you.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: I have one
question for the sponsor.
ACTING PRESIDENT McGEE: Senator
Golden, will you yield?
SENATOR GOLDEN: I do indeed,
Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR STAVISKY: Since this
bill applies only to the City of New York, do
we need a home-rule message?
SENATOR GOLDEN: We do not.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
5000
Read the last section.
THE SECRETARY: Section 2. 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: Those recorded in
the negative on Calendar Number 1556 are
Senators Hassell-Thompson, Montgomery,
M. Smith, and Stachowski. Ayes, 56. Nays, 4.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1566, by Senator Meier, Senate Print 5486A, an
act to amend the Parks, Recreation and
Historic Preservation Law.
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, 60.
5001
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1570, by Senator Golden, Senate Print 5595, an
act to amend the Criminal Procedure Law.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT McGEE: Senator
Golden, an explanation has been requested.
SENATOR GOLDEN: Thank you, Madam
President.
Thank you, Mr. President.
This bill would permit -- has there
been an explanation requested?
SENATOR MALCOLM SMITH:
Explanation.
SENATOR GOLDEN: This bill would
permit building inspectors in New York City to
issue violations after their inspections.
Although it makes building inspectors in
New York City peace officers, this bill also
would give them the right to carry guns to be
able to do their jobs.
As it is presently, an inspector
cannot get entrance, the inspector cannot
5002
issue a summons. This gives him the right to
issue that summons, and it gives him the right
to be able to do his job.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield, please.
ACTING PRESIDENT MEIER: Senator
Golden, do you yield for a question?
SENATOR GOLDEN: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Thank you for the explanation,
Senator Golden.
If this bill just gave them the
ability to do a summons once they find a
violation, I think I would have no problem
with this bill. But this bill gives peace
officer status and the right to carry guns to
the Department of Building inspectors.
And I don't know if you listen
listened to my other concerns on the floor
about peace officers bills --
5003
SENATOR GOLDEN: I understand.
SENATOR LIZ KRUEGER: -- but you
were a New York City policeman at one time, I
understand. And you also know -- we both come
from New York City -- that there's been more
than a few scandals around Department of
Building inspectors.
Do we really think that we should
give them the powers of police? Even though I
would agree with the portion of the bill that
would allow them to write a summons for a
building violation right there.
SENATOR GOLDEN: Thank you,
Senator Krueger.
But giving the opportunity for
these inspectors to carry guns and to be able
to perform their jobs -- I don't know, I come
from Brooklyn, New York. And in Brooklyn we
have sections and throughout the city of
New York we have sections where these
inspectors encounter some problems and don't
issue summonses.
So you can imagine the problems
that they will get when they are allowed to
issue the summonses. I know as a police
5004
officer I was many a difficult day issuing a
summons. And today in the New York City area
you know how many summonses are being issued,
you know the push that's on in the City of
New York. And it's very, very difficult for
anybody to issue summonses, and in some cases
pretty unsafe.
So I believe that this gives them
the ability to go out and do their job and to
do it safely and correctly and to do it
smartly and in a good conscience and according
to the Penal Law.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Golden, do you continue to yield?
SENATOR GOLDEN: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Golden, in many of the
other peace officer bills -- I think in all of
5005
the peace officer bills we've seen so far this
year these were security guards that were then
raised in status to peace officers and were
required to go through the state's -- I think
it's municipal police council training
institution to be, I guess, approved as peace
officers.
Is that a requirement of this bill,
that they must go through the training program
for peace officers?
SENATOR GOLDEN: No. Thank you
for bringing that up, Senator Krueger.
It would be up to the City of
New York to issue a statute within the
Building Department on the use of a firearm.
They would have to conform to the New York
City rules and regulations on those pertaining
to owning and operating a gun.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you
so much.
Well, while I have been opposed to
5006
other peace officer bills, I have to say I am
even more opposed to this bill. At least in
the other bills we were talking about taking
security personnel going through a full
training process, not necessarily giving them
the authority to carry guns. In most of the
peace officer bills, it did not involve
carrying guns.
In this bill, we're making building
inspectors police with guns, and not even a
clear path of how they would be trained to
have these responsibilities.
I agree, it is dangerous in some
parts of New York City to do your job. But we
have inspectors for all kinds of things in
New York City, including building inspectors.
We have city government representatives who go
out throughout our communities for any number
of reasons. We have several hundred thousand
employees of the City of New York.
In this bill, we're talking about
giving people who are inspectors police powers
and guns. I can't really believe that we
think it is in the best interests of the City
of New York to give building inspectors guns
5007
or police powers.
And I don't think we would want to
set a precedent for anywhere else in the state
that someone who works in an agency in an
inspector capacity -- and not a police
inspector capacity, but a nonuniform-related
capacity as an inspector for some purpose --
to be given police powers.
So I will vote no against this
bill, despite the fact that I believe the city
does want this bill. And I urge everyone to
again reevaluate this whole question of peace
officer status and the fact that here we're
talking about people who are trained to check
to see whether you have a violation of a
housing code in an apartment and making them,
quote, unquote, quasi-police with police
powers and guns.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Golden.
SENATOR GOLDEN: Just to point
out, this is not police officer status, it's
peace officer status.
And, yes, they would have to go
5008
through the security programs.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Thank you, Mr.
President. If the Senator would yield for a
question or two.
ACTING PRESIDENT MEIER: Senator
Golden, will you yield for a question?
SENATOR GOLDEN: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SABINI: Thank you.
Senator Golden, you said that they
would be able to carry guns after certain
requirements were met if this bill were to
become law?
SENATOR GOLDEN: That's correct,
according to the state and city regulations.
SENATOR SABINI: If the sponsor
would yield for another question, since it's
late in the session --
ACTING PRESIDENT MEIER: Senator
Golden, do you continue to yield?
SENATOR GOLDEN: I do, Mr.
President.
5009
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR SABINI: Is there a
request from the city on this?
SENATOR GOLDEN: We have a
verbal, yes, sir. We do not have a written
statement, but we have a verbal.
SENATOR SABINI: On the bill, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Sabini, on the bill.
SENATOR SABINI: I come from
probably the building code violation capital
of New York City. The neighborhoods that I
represent are rife with building code
violations. And I want to make sure the
Buildings Department can do their job.
And I was the author of many bills
in the New York City Council to make their
jobs easier. And if this does that, fine.
I'm a little -- I share Senator Krueger's
concern that this may be going a little too
far. Some of our building inspectors make
enough money without a gun. I'm afraid what
they'll make with a gun.
5010
But if the city has asked for the
bill, I'll trust their judgment on this and
vote aye.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1570 are
Senators Duane, Hassell-Thompson, L. Krueger,
Montgomery, and Padavan. Ayes, 55. Nays, 5.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1566.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on 1566.
5011
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. If we could return to the original
calendar, Calendar Number 1378, we'd like to
lay it aside.
ACTING PRESIDENT MEIER: All
right. Calendar 1378 will be laid aside.
Senator Volker.
SENATOR VOLKER: Can I explain?
1378 was on the original calendar. We are not
going to take it up now because it has been
superseded by agreement between the Governor,
this house, and the Assembly on
fingerprinting.
It's essential that the bill be
passed in order for the feds in Washington to
accept any fingerprints from this state for
any circumstances.
So that has been agreed to, and so
I'm just going to lay this bill aside. So I
just wanted to tell you that. Okay? Okay.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
from the original calendar, can we please take
5012
up 1535.
ACTING PRESIDENT MEIER: We'll
return to the original calendar.
The Secretary will read Calendar
1535.
THE SECRETARY: Calendar Number
1535, by Senator Velella, Senate Print 5624,
an act to amend the Workers' Compensation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Is there any
housekeeping at the desk at this time, Mr.
President?
ACTING PRESIDENT MEIER: Yes, we
have some.
Senator Kuhl.
5013
SENATOR KUHL: Are we on the
order of motions and resolutions?
ACTING PRESIDENT MEIER: Motions
and resolutions, Senator.
SENATOR KUHL: Thank you, Mr.
President.
I wish to call up my bill, Senate
Print 3199, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
417, by Senator Kuhl, Senate Print 3199, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: I now move to
reconsider the vote by which the bill passed
the house.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
Kuhl.
5014
SENATOR KUHL: That bill is on
the Third Reading Calendar now, Mr. President?
ACTING PRESIDENT MEIER: Yes, it
is, Senator.
SENATOR KUHL: Thank you.
I also wish to call up Senate Print
896A, which is at the desk, Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
814, Senate Print 896A, an act to amend the
Public Health Law.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, I now move to
reconsider the vote by which the bill was
passed and ask that the bill be restored to
the Third Reading Calendar.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
SENATOR KUHL: Thank you.
5015
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
for the information of the members, there will
be a meeting of the Rules Committee at 3:30 in
the Majority Conference Room.
And until the time for their
report, the Senate will stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 3:14 p.m.)
(Whereupon, the Senate reconvened
at 3:59 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
could we please pull up Calendar 1572 on
Supplemental Calendar 60A.
ACTING PRESIDENT MEIER: On
Calendar 60A, the Secretary will read Calendar
1572.
THE SECRETARY: In relation to
Calendar Number 1572, Senator Libous moves to
5016
discharge, from the Committee on Rules,
Assembly Bill Number 7161C and substitute it
for the identical Senate Bill Number 5638,
Third Reading Calendar 1572.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1572, by Member of the Assembly Weisenberg,
Assembly Print Number 7161C, an act to amend
the Mental Hygiene Law and the Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President, could we call up, from the same
calendar, Calendar 1573.
5017
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1573.
THE SECRETARY: Calendar Number
1573, by Senator Hoffmann, Senate Print 5653,
an act authorizing the City of Rome.
SENATOR MORAHAN: Is there a
message of necessity at the desk, Mr.
President?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
There is a home-rule message at the
desk.
Read the last section.
THE SECRETARY: Section 5. This
5018
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR MORAHAN: If we can
return to the original calendar of the day and
take up Calendar 312, Mr. President.
ACTING PRESIDENT MEIER: On the
original calendar, the Secretary will read
Calendar 312.
THE SECRETARY: Calendar Number
312, by Member of the Assembly Christensen,
Assembly Print Number 2438A, an act to amend
the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, Senator Malcolm Smith has
requested an explanation of Calendar 312.
SENATOR DeFRANCISCO: Yes. About
5019
a year ago, in our district, there was a
series of reviews of various after-school
programs at YMCA-type facilities, YWCA
programs, as well as Catholic Youth
Organization programs.
And there was confusion about
whether the programs that were available for
children after school, mostly in low-income
areas, whether they should be categorized as
daycare centers.
The problem with it was -- and
there were investigations and there was going
to be hearings and the like. And the problem
was there a difficulty in interpreting the law
at the time.
As a result, there was threats to
close all of these after-school facilities in
these at-risk areas, at a time when in
Syracuse there was a rising problem with youth
violence.
So Assemblywoman Christensen and
myself put together this bill to make it clear
that these after-school centers are truly not
childcare centers, where there's -- like a
daycare where there's children that are of
5020
young age being cared for and therefore a need
for more staff, a need for more elaborate
facilities.
And that's what the purpose of this
bill is. And it's supported by the New York
State YMCAs. Also supported locally, in our
area, by the police chief and the county
executive, the mayor, basically because
there's been a push trying to provide more of
these facilities in our area, which is a lot
for our area.
The City of Syracuse services 2,000
young people after school with these programs,
and most of them would have had to go out of
existence because of the additional cost that
would have been imposed by that.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR ALESI: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
5021
Senator DeFrancisco.
SENATOR DeFRANCISCO: May I
request unanimous consent to be recorded in
the negative on 1509, Calendar 1509, Senate
Print 538A.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 1509.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
can we return to motions and resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
SENATOR MORAHAN: Can we adopt
the Resolution Calendar.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Morahan.
5022
SENATOR MORAHAN: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator.
The Secretary will read the
substitutions.
THE SECRETARY: On page 26,
Senator Padavan moves to discharge, from the
Committee on Rules, Assembly Bill Number 6954
and substitute it for the identical Senate
Bill Number 3069, Third Reading Calendar 770.
On page 31, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6422A and substitute it
for the identical Senate Bill Number 1572A,
Third Reading Calendar 876.
And on page 38, Senator McGee moves
to discharge, from the Committee on Rules,
Assembly Print Number 6095A and substitute it
for the identical Senate Bill Number 2606A,
Third Reading Calendar 1096.
ACTING PRESIDENT MEIER:
Substitutions ordered.
SENATOR MORAHAN: Mr. President,
if we could return to reports of standing
5023
committees, I understand there's a report of
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 722, by Senator
LaValle, an act authorizing;
822A, by Senator LaValle, an act to
amend the Criminal Procedure Law;
919, by Senator LaValle, an act to
amend the Real Property Tax Law;
1131, by Senator Seward, an act to
amend the Insurance Law;
1178, by Senator Leibell, an act to
amend the Criminal Procedure Law;
1370, by Senator Trunzo, an act to
amend the Public Authorities Law;
1816, by Senator McGee, an act to
amend the Social Services Law;
1944A, by Senator Hannon, an act to
amend the New York State Medical Care
5024
Facilities Finance Agency Act;
2129, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
2255A, by Senator Seward, an act to
enact;
2925, by Senator Connor, an act to
amend Chapter 423 of the Laws of 2002;
2970A, by Senator Flanagan, an act
to amend the Criminal Procedure Law;
3126D, by Senator Libous, an act to
amend the Tax Law;
3346A, by Senator Golden, an act to
amend the Education Law;
3712, by Senator Volker, an act to
amend the Criminal Procedure Law;
4149, by Senator Hannon, an act to
amend the Public Health Law;
4382A, by Senator Alesi, an act to
authorize;
4523, by Senator Marcellino, an act
to amend the Tax Law;
4881, by Senator Bonacic, an act to
amend the Public Housing Law;
4901, by the Senate Committee on
5025
Rules, an act to amend the Tax Law;
5040, by the Senate Committee on
Rules, an act to amend the Tax Law;
5048A, by Senator Balboni, an act
to amend the Alcoholic Beverage Control Law;
5120, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
5377, by Senator DeFrancisco, an
act to amend;
5402, by Senator Hoffmann, an act
to amend Chapter 78;
5491, by Senator Seward, an act to
amend the Insurance Law;
5524, by Senator LaValle, an act to
amend the Real Property Tax Law;
5556, by Senator Volker, an act to
amend the Mental Hygiene Law;
5590, by Senator Farley, an act to
amend the Banking Law;
5599, by Senator Hannon, an act to
create;
5613, by Senator Golden, an act to
amend the Election Law;
5614, by the Senate Committee on
Rules, an act to amend the Retirement and
5026
Social Security Law;
5623, by Senator Velella, an act to
amend Chapter 511;
5644, by Senator Hannon, an act to
amend the Public Health Law;
5656, by Senator Fuschillo, an act
to amend the Village Law;
5657, by Senator Morahan, an act to
authorize;
5659, by Senator Larkin, an act to
amend the Real Property Tax Law;
5668, by Senator Kuhl, an act to
amend the Public Authorities Law;
5674, by the Senate Committee on
Rules, an act to amend Chapter 468;
And Senate Print 5676, by the
Senate Committee on Rules, an act to amend
Chapter 454 of the Laws of 2002.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Move to accept
the report of the Rules Committee, Mr.
President.
5027
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. May we have the noncontroversial
reading of the 60B supplemental calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of Supplemental Calendar 60B.
THE SECRETARY: Calendar Number
1575, by Senator LaValle, Senate Print 722, an
act authorizing the Town of East Hampton,
Suffolk County.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
5028
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1576, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1553A and substitute it
for the identical Senate Bill Number 822A,
Third Reading Calendar 1576.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1576, by Member of the Assembly Acampora,
Assembly Print Number 1553A, an act to amend
the Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5029
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators L. Krueger and Duane recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1577, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1849 and substitute it
for the identical Senate Bill Number 919,
Third Reading Calendar 1577.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1577, by Member of the Assembly Sweeney,
Assembly Print Number 1849, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5030
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1578, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8846 and substitute it
for the identical Senate Bill Number 1131,
Third Reading Calendar 1578.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1578, by the Assembly Committee on Rules,
Assembly Print Number 8846, an act to amend
the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
5031
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1579, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6430 and substitute it
for the identical Senate Bill Number 1178,
Third Reading Calendar 1579.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1579, by Member of the Assembly Galef,
Assembly Print Number 6430, an act to amend
the Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you.
5032
Mr. President, I'll be voting no.
And just for the record, why shouldn't we just
make everyone in New York State who works for
anyone a peace officer and then subtract them
later? Now we have animal protection officers
as peace officers.
Thank you, I vote no.
ACTING PRESIDENT MEIER: Senator
Krueger will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
2. Senators Duane and L. Krueger recorded the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1580, by Senator Trunzo, Senate Print 1370, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5033
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1581, Senator McGee moves to
discharge, from the Committee on Finance --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Senator,
can we do the sub first? And then we'll lay
the bill aside.
SENATOR SCHNEIDERMAN: Certainly.
ACTING PRESIDENT MEIER: Go
ahead.
THE SECRETARY: In relation to
Calendar Number 1581, Senator McGee moves to
discharge, from the Committee on Finance,
Assembly Bill Number 3202 and substitute it
for the identical Senate Bill Number 1816,
Third Reading Calendar 1581.
ACTING PRESIDENT MEIER:
Substitution ordered.
And the bill will be laid aside.
THE SECRETARY: In relation to
Calendar Number 1582, Senator Hannon moves to
5034
discharge, from the Committee on Finance,
Assembly Bill Number 1377A and substitute it
for the identical Senate Bill Number 1944A,
Third Reading Calendar 1582.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1582, by Member of the Assembly Brodsky,
Assembly Print Number 1377A, an act to amend
the New York State Medical Care Facilities
Finance Agency Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1583, by Senator Larkin, Senate Print 2129, an
act to amend the Racing, Pari-Mutuel Wagering
5035
and Breeding Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1584, by Senator Seward, Senate Print 2255A,
an act --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1585, Senator Connor moves to
discharge, from the Committee on Tourism,
Recreation and Sports Development, Assembly
Bill Number 6297 and substitute it for the
identical Senate Bill Number 2925, Third
5036
Reading Calendar 1585.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1585, by Member of the Assembly Glick,
Assembly Print Number 6297, an act to amend
Chapter 423 of the Laws of 2002.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1586, by Senator Flanagan, Senate Print 2970A,
an act to amend the Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
5037
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1587, by Senator Libous, Senate Print 3126D,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1588, by Senator Golden, Senate Print --
SENATOR GOLDEN: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
5038
THE SECRETARY: Calendar Number
1589, by Senator Volker, Senate Print 3712, an
act to amend the Criminal Procedure Law.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1590, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8240 and substitute it
for the identical Senate Bill Number 4149,
Third Reading Calendar 1590.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1590, by the Assembly Committee on Rules,
Assembly Print Number 8240, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5039
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1591, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8242A and substitute it
for the identical Senate Bill Number 4382A,
Third Reading Calendar 1591.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1591, by the Assembly Committee on Rules,
Assembly Print Number 8242A, an act to
authorize the Town of Rush.
ACTING PRESIDENT MEIER: 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 MEIER: Call the
roll.
5040
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1592, by Senator Marcellino, Senate Print
4523, an act to amend the Tax Law.
SENATOR MARCELLINO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: In relation to
Calendar Number 1593, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8030 and substitute it
for the identical Senate Bill Number 4881,
Third Reading Calendar 1593.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1593, by the Assembly Committee on Rules,
Assembly Bill Number 8030, an act to amend the
Public Housing Law.
ACTING PRESIDENT MEIER: Read the
5041
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1594, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8543 and substitute it
for the identical Senate Bill Number 4901,
Third Reading Calendar 1594.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1594, by the Assembly Committee on Rules,
Assembly Print Number 8543, an act to amend
the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5042
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1595, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8475 and substitute it
for the identical Senate Bill Number 5040,
Third Reading Calendar 1595.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1595, by the Assembly Committee on Rules,
Assembly Print Number 8475, an act to amend
the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5043
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1596, by Senator Balboni, Senate Print 5048A,
an act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 45th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Parker.
SENATOR PARKER: Mr. President,
to explain my vote.
ACTING PRESIDENT MEIER: To
explain your vote.
SENATOR PARKER: I'm voting yes
on this bill. It's a bill that's really
important both for my district and for the
5044
City of New York and the great planet of
Brooklyn.
It deals with the West Indian Day
parade and the carnival that happens every
May. It's going to clear up a great inequity.
I really want to also just
congratulate and thank the bill's sponsor,
Senator Balboni, who in a great understanding
of not just bipartisanship but, more
importantly, different cultures and how
important this is for the economic development
of both the borough and the city, has
sponsored this bill. And I wanted to thank
him particularly.
So I want to encourage everyone to
vote yes on this bill. Thank you.
ACTING PRESIDENT MEIER: Senator
Parker will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1597, by Senator Kuhl, Senate Print 5120, an
act to amend the Vehicle and Traffic Law.
5045
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1598, by Senator DeFrancisco, Senate Print
5377, an act to amend the New York City Civil
Court Act and others.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5046
1599, by Senator Hoffmann, Senate Print 5402,
an act to amend Chapter 78 of the Laws of 1800
relating to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1600, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8605A and substitute it
for the identical Senate Bill Number 5491,
Third Reading Calendar 1600.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1600, by the Assembly Committee on Rules,
Assembly Print Number 8605A, an act to amend
5047
the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1601, by Senator LaValle, Senate Print 5524,
an act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5048
1602, by Senator Volker, Senate Print 5556 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1603, by Senator Farley, Senate Print 5590, an
act to amend the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1604, by Senator Hannon, Senate Print 5599, an
act to create a temporary state commission.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
5049
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1605, by Senator Golden, Senate Print 5613, an
act to amend the Election Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1606, by the Senate Committee on Rules, Senate
Print Number 5614, an act to amend the
Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
5050
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1607, by Senator Velella, Senate Print 5623,
an act to amend Chapter 511 of the Laws of
1995.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1608, by Senator Hannon, Senate Print 5644, an
act to amend the Public Health Law.
5051
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect April 1, 2004.
SENATOR ALESI: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1613, by the Senate Committee on Rules, Senate
Print Number 5674, an act to amend Chapter 468
of the Laws of 2002.
SENATOR MORAHAN: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator Morahan.
SENATOR MORAHAN: I move that we
accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
5052
(No response.)
ACTING PRESIDENT MEIER: The
message of necessity is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1614, by the Senate Committee on Rules, Senate
Print Number 5676, an act to amend Chapter 454
of the Laws of 2002.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR MORAHAN: May we move to
accept the message.
5053
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes the
noncontroversial reading of Supplemental 60B.
SENATOR MORAHAN: Now may we have
the controversial reading of Calendar 60B.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
5054
reading of Calendar 60B.
THE SECRETARY: Calendar Number
1581, substituted earlier today by Member of
the Assembly Parment --
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, Senator Schneiderman has requested an
explanation of Calendar 1581.
SENATOR McGEE: Thank you very
much, Mr. President.
Mr. President, through you, this
legislation establishes a demonstration
project for the expansion of the number of
beds in assisted living facilities which are
unable to meet the demand for available beds.
ACTING PRESIDENT MEIER: Senator
Sampson.
SENATOR SAMPSON: Mr. President,
would the sponsor yield for a few questions.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Most certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
5055
SENATOR SAMPSON: Through you,
Mr. President, to the sponsor, what counties
would be eligible with respect to this
legislation?
SENATOR McGEE: The counties that
would be eligible are counties that have a
designated population range.
This is a demonstration project
which is a demonstration project for more
rural counties. The population range is
110,000 to 150,000. There's Chautauqua,
Jefferson, Ontario, Oswego, St. Lawrence, and
Schenectady.
SENATOR SAMPSON: Through you,
Mr. President, would the sponsor continue to
yield.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: Through you,
Mr. President, what would be the additional
cost in Medicaid payments for the increase in
these beds?
5056
SENATOR McGEE: I'm sorry, I
didn't hear him.
ACTING PRESIDENT MEIER: Senator
Sampson, could you repeat your question?
SENATOR SAMPSON: Through you,
Mr. President, once again, what would be the
cost in Medicaid dollars for this additional
increase in beds, if any?
SENATOR McGEE: The bill requires
from the demonstration project that they
submit an annual report stating the cost of
the program and cost savings to the state and
other program specifics.
If the findings of such a report do
not reflect a cost savings to the state, the
program can be terminated immediately. As it
stands right now, it's set to run through the
year 2007.
There is a short-term fiscal impact
that is undetermined at this time. For the
long --
SENATOR SAMPSON: I can't hear.
I can't hear the response.
ACTING PRESIDENT MEIER: Can we
have some quiet in the chamber so we can
5057
complete these bills.
Senator McGee, you can go ahead.
SENATOR McGEE: I don't think my
mike is on. That's why he's not hearing me.
Thank you.
This bill requires that the
demonstration project submit an -- the light
is off again. Could I step to the next desk?
ACTING PRESIDENT MEIER: Go
ahead, Senator.
SENATOR McGEE: This bill
requires that the demonstration project --
it's off again.
This bill requires that the
demonstration project submit an annual report
stating the cost of the program, cost savings
to the state, and other program specifics.
And if the findings of such a
report do not reflect a cost savings to the
state, the program can be terminated or may be
terminated immediately.
As it stands right now, it's
scheduled to run to the year 2007.
The fiscal impact, there is a
short-term fiscal impact which is undetermined
5058
at this time.
For the long term, assisted living
programs will prevent the need of more costly
care, resulting in greater cost savings to the
state.
SENATOR SAMPSON: So through you,
Mr. President, will the sponsor continue to
yield?
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: I certainly will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: Through you,
Mr. President. So if there is no cost savings
to the state, are you saying it will be
terminated at some point in time?
SENATOR McGEE: That's the
purpose of the demonstration project.
Assisted living facilities are really
up-and-coming things in the state of New York,
and I think extremely important because they
do in fact keep that individual during that
period of the time of their life.
Is there a determined cost at this
5059
time? No, because that's a demonstration
project. But it will be watched. They have
to submit a report.
SENATOR SAMPSON: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1584, by Senator Seward, Senate Print 2255A,
an act to enact the Oneida [sic] city school
district public construction flexibility
demonstration project act.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, Senator Schneiderman has requested an
explanation.
5060
SENATOR SEWARD: Certainly, Mr.
President.
In all due respect to our clerk,
it's the Oneonta City School District.
Another Indian name.
But seriously, this bill has been
introduced at the request of the Oneonta City
School District, which is about to embark on
an approximately $14 million rehabilitation
project covering five different school
buildings. It's going to require a
considerable coordination.
And this bill, which is called the
"Oneonta City School District Public
Construction Demonstration Project Act," would
give the school district the flexibility to
either go with a single contractor to assist
with this coordination or the standard
multiple-contractor route.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor would yield for
a question.
ACTING PRESIDENT MEIER: Senator
5061
Seward, do you yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you.
Is there anything in this bill that
would require or mandate a project labor
agreement for the work contemplated?
SENATOR SEWARD: Mr. President,
there is nothing in the bill that would
require a PLA, nor would it prohibit it. It
gives the school district flexibility.
SENATOR SCHNEIDERMAN: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank the
sponsor.
The problem with not mandating a
project labor agreement is that this bill is
not going to ensure that it will limit
competition, corruption and inadequate quality
of construction, which is the language in the
sponsor's memo. In the absence of a project
labor agreement, it doesn't appear that that
5062
will actually be the case.
So I appreciate the fact that the
Oneonta school district wants more
flexibility, but we have a system of laws in
place to ensure competition and fair play and
adequate payment for good quality work. And
I'm afraid this legislation would cut against
that tradition in New York State, so I am
going to be voting against it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: Mr.
President, to explain my vote.
I'm going to vote against this bill
even though I believe that the object of it is
a good idea. But we've had two great examples
so far of school projects done with Wicks left
5063
out.
The New York City project left
Wicks out, didn't have any labor agreements,
and we've had every violation that they ever
put Wicks in for happened in the New York City
project. Most of them weren't reported in the
written reports, but they happened --
substandard wiring, contractors that they
didn't want to get business for various
reasons, et cetera.
In Niagara Falls, on the other
hand, we had the exclusion from Wicks, but
with a project labor agreement. Buffalo has
in their legislation an understanding about a
project labor agreement that everyone except
the county executive in Erie County
understands is in there.
I was hoping that when the question
came up from Senator Schneiderman that Senator
Seward would say there was an understanding
that there will be some kind of agreement with
the various labor unions in the area.
Because there isn't any kind of
understanding of that nature, I'm going to
oppose the bill, vote no.
5064
ACTING PRESIDENT MEIER: Senator
Stachowski will be recorded in the negative.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1584 are
Senators Breslin, L. Krueger, Montgomery,
Onorato, Schneiderman, and Stachowski. Ayes,
54. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1588, by Senator Golden, Senate Print 3346A,
an act to amend the Education Law and others.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1589, by Senator Volker, Senate Print 3712, an
act to amend the Criminal Procedure Law.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR MORAHAN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
5065
THE SECRETARY: Calendar Number
1602, by Senator Volker, Senate Print 5556, an
act to amend the Mental Hygiene Law and
others.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested --
SENATOR VOLKER: Lay them aside
just for a second, okay.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
on the Supplemental Calendar 60A, could we
take up Calendar 1569, please.
ACTING PRESIDENT MEIER: On
Supplemental Calendar 60A, the Secretary will
read Calendar 1569.
THE SECRETARY: In relation to
Calendar Number 1569, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8956 and substitute it
for the identical Senate Bill Number 5576,
Third Reading Calendar 1569.
5066
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1569, by the Assembly Committee on Rules,
Assembly Print Number 8956, an act to amend
the Private Housing Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. If we could take up the
noncontroversial reading of Supplemental 2,
the active list, starting with Calendar 1096.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of Supplemental Active List Number 2.
5067
THE SECRETARY: Calendar Number
1096, substituted earlier today by Member of
the Assembly Burling, Assembly Print Number
6095A, an act to amend the Tax Law.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1323, by Senator Johnson, Senate Print 5345,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5068
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1333, by Senator Libous, Senate Print 5419, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes
Supplemental Active List Number 2.
SENATOR MORAHAN: Mr. President,
could you call up Calendar 1610, from
Supplemental Calendar 60B.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1610, by Senator Morahan, Senate Print 5657,
5069
an act to authorize.
SENATOR MORAHAN: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT MEIER: There
is.
SENATOR MORAHAN: I move that we
accept that message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
5070
is passed.
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I'd like to request unanimous
consent to change my vote to negative on
Calendar 1596, 5048A.
ACTING PRESIDENT MEIER: Without
objection, Senator L. Krueger will be recorded
in the negative on Calendar 1596.
Senator Sabini.
SENATOR SABINI: Mr. President, I
ask unanimous consent to also be recorded in
the negative on Calendar 1596, Senate 5048A.
ACTING PRESIDENT MEIER: Without
objection, Senator Sabini will be recorded in
the negative on Calendar 1596.
Senator Stavisky.
SENATOR STAVISKY: Mr. President,
with unanimous consent I would appreciate
being recorded in the negative on Calendar
1584, Senate 2255A.
ACTING PRESIDENT MEIER: Without
objection, Senator Stavisky will be recorded
in the negative on Calendar 1584.
Senator Padavan.
5071
SENATOR PADAVAN: By unanimous
consent, I'd like to be recorded in the
negative on 1596.
ACTING PRESIDENT MEIER: Without
objection, Senator Padavan will be recorded in
the negative on Calendar 1596.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
can we at this time take up Calendar Number
1602, on the supplemental calendar.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1602, on
Supplemental Calendar 60B.
THE SECRETARY: Calendar Number
1602, by Senator Volker, Senate Print 5556, an
act to amend the Mental Hygiene Law and
others.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Volker, Senator Schneiderman has requested an
explanation.
SENATOR VOLKER: Right. Mr.
President, I apologize. The reason that we
had some difficulty here is I didn't realize
5072
this bill is coming up today. I wanted to
make sure that this year's bill was the same
bill as in the past.
And we have checked it out, and it
is the same bill. It's a gubernatorial
program bill which deals with the issue of
sexually violent predators and the civil
commitment of sexually violent predators.
This bill passed the Senate several
times. It passed the Senate in 2001 and also
passed the Senate in 2002, I believe.
At any rate, this bill relates to
the issue of people who are in certain classes
of sexual predators, which are defined in the
bill, who are committed to prison and then as
they are about to be released can then be kept
in prison in a confined manner for a period of
time for the safety of the public.
The interesting thing about this
now -- it's been tested, by the way, by the
federal courts on a number of occasions.
Senator Hoffmann had a bill that dealt with
the commitment that was provided by -- I think
it was Washington. I don't remember anymore.
But Ken Connolly, who was then my counsel, who
5073
is now the counsel to the DCJS, Department of
Criminal Justice Services, drafted a bill for
me back in the '90s that dealt with this issue
and was, I believe, the first bill that was
drafted in this state.
And although this bill that is
printed this year is not exactly the same
because of court cases, it is very similar to
the bill that was originally drafted by us a
number of years ago.
And as I say, it provides for a
process for people who are about to be
released from prison to be kept in custody
until they are considered to be allowed to
come back into society. It provides
protections for those people, allows all sorts
of provisions that deal with the predators
themselves as well as to protect the public.
And I think that it's a bill
that -- and I personally believe ultimately
will become law. Although I realize that it
is a provision that will get some civil
libertarians very upset and has in the past
done that.
So that, basically, is what we're
5074
talking about here. It is virtually the same
bill as last year except for a few minor
changes that relate to court cases and numbers
and so forth.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor would yield for
a few questions.
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: What are
the provisions for a hearing or right to
counsel in this piece of legislation?
SENATOR VOLKER: A person that
has -- in fact, the rights to counsel are
specifically listed in the bill. And the
person all the way through the process has the
right to counsel. The notification processes
are in place. And the person has a right to
be represented through the entire proceeding.
I like to say it's something akin,
almost, to the proceedings for -- in death
penalty cases, although it's a little more
5075
extreme.
SENATOR SCHNEIDERMAN: Thank you.
I'd like to thank the sponsor.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: This is a
difficult area of law for many of us because
this provides for civilly confining someone
after they have served their prison sentence.
And it does provide for substantial
due process protections. But as has been
pointed out in the past when dealing with
attempts to pass laws like this, you really
are punishing someone not for something that
they've done -- because they've already paid
the price for whatever wrong brought them to
prison in the first place -- but for what they
may do or what we think they might do, which
is a very troublesome concept to many of us.
I think the most serious flaw in
this process that I see is that in our state
the right to counsel in many respects for far
too many New Yorkers is really an illusory
right. We don't get -- and we have raised the
5076
18-B rates this year, but we still aren't
providing the kinds of legal services that the
indigent need. And I'm concerned that in
civil contexts as well as in the criminal
context, and certainly in the case of a civil
commitment, we have an increasing disparity in
the representation of New Yorkers in our court
system.
I hope that we can go forward and
attempt to address it. I think many of us
have reluctantly supported this bill in the
past and rely to a great extent on the fact
that it does provide quite elaborate -- or not
elaborate, but appropriately elaborate due
process protections.
The problem is we have a crisis of
counsel for poor people in this state. And
this is part of a much larger problem. And
it's something that we have not addressed this
year. In fact, we are probably making it
worse because of a pass-along effect of many
jurisdictions, including the City of New York,
are going to be hard-pressed to maintain some
of the legal services that are currently being
provided.
5077
So I appreciate Senator Volker's
efforts to make this bill as fair as possible.
But until we deal with the problem of unfair
disparities in legal representation in this
state, none of these procedures is really
going to be as good as it should be.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, would Senator Volker yield for --
ACTING PRESIDENT MEIER: Senator
Volker, do you yield for a question?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
Volker, yes, I note that there is an
elaborate, a very extensive process for
determination. But it seems to refer to a
commitment within DOCS where there will be a
certain kind of treatment.
SENATOR VOLKER: Right.
SENATOR MONTGOMERY: And I'm just
wondering, what is the protocol for treatment
5078
of a person in this category, and do we have
people in DOCS or do we anticipate having
people in DOCS who will be treating this
particular category of offender?
SENATOR VOLKER: The answer is
yes. In fact, as you know, Mental Health has
a number of facilities that are part of
correctional services.
And when we first designed this
bill, we even identified a potential prison
where it already has a mental health
component.
But what would happen, if this bill
were to become law, we would set up -- within
a short period of time, you would have to set
up a place, a specific location where these
people would be housed.
Now, keep in mind that this would
not apply to people who are incarcerated
beforehand, this would be, obviously, people
who were incarcerated after the beginning of
this law, so you would have some time.
But it was anticipated that both
the Department of Corrections, Mental Health,
and one other -- oh, Department of Health and
5079
Department of Mental Health, I'm sorry, all
three would get together and set up a special
place for these people, probably a separate
section of the prison system.
And at the time, there was one
prison in mind. And the reason I think it's
probably better not to mention it is because
that probably has shifted -- that is, since
then, where it would be.
And admittedly, there's -- there's
considerable cost to this. We're not denying
that. Because to make up specially housed
people is not cheap.
But I think the theory is that if
you do that, you also, by the way, are helping
these people to get cured or if it is possible
to cure these people themselves, and would
become somewhat of an experimental facility, I
think, to try to treat people who are sexual
predators and who are, you know, sexually
criminally ill.
SENATOR MONTGOMERY: Mr.
President, if Senator Volker would continue to
yield.
ACTING PRESIDENT MEIER: Senator
5080
Volker, do you continue to yield?
SENATOR VOLKER: Certainly.
Sure.
SENATOR MONTGOMERY: Yes, Senator
Volker, this essentially could result in a
lifetime of imprisonment, depending on what --
the verdict of the counsel that you set up in
the legislation.
And so since we have at this
current time basically no facility that I'm
aware of in DOCS that adequately treats
mentally ill inmates except in the SHUs -- I
mean, most of our really seriously mentally
ill inmates are in fact treated in SHUs, where
they are locked in a cell for 23 hours a day.
And so if we do this legislation
and you -- the bill indicates that people who
are already incarcerated, when they are ready
to be released, they go through this process.
And if they are found to be in this category,
this predatory category, they could then be
recommitted under this for a civil
incarceration, possibly for a lifetime. But
we have no facility to treat them, based on
your legislation here, because right now we
5081
only have the SHUs.
SENATOR VOLKER: Well, Senator, I
think you're -- you're certainly -- there's a
confusion between SHUs and our mental health
facilities. SHUs are not for mental health
people, they are for people that either commit
crimes in prison or are at prisons that create
problems. And they're not necessarily kept
there for 23 hours. That's newspaper
mythology. These people can -- most of the
people only stay in there for a period of time
until they can get themselves the back on
track.
We have mental health facilities
within our prisons where people are watched
over and taken care of and so forth if they're
in particularly severe shape. Because one
thing I think people don't seem to realize
about SHUs, those SHUs are also for the
protection of the other inmates.
It used to be that I used to have
complaints constantly by inmates when I
traveled to the prisons about inmates who were
there who were attacking them or were
dangerous and so forth.
5082
So one of the things that I think
has not been realized is that we already have
mental health facilities where inmates are
specially taken care of because they have some
major problems.
Now, Clinton Correctional has some
special areas in it. And we anticipated, if
this bill were passed -- and by the way, if
you notice the expected date, you'll see it's
January 1st after it shall become law. And
there's a reason for that, to give you some
lead time, should this happen, to get things
in place for more people.
But of course it wouldn't happen
right away, because you'd have to have people
convicted and it would be years, for the most
part, before these people would actually be
civilly committed anyways. You know what I
mean? Most of the people will be arrested
here and convicted are people who probably
will be sentenced to 10 to 20 years, or
certainly seven to whatever, because they are
severe felons. So we're not just talking
about ordinary people who go to prison for
fairly minor offenses.
5083
So I think you have to practically
look at this that there's no rush to set up a
special mental health facility, because you
will have plenty of that time to do that. But
the anticipation is that someplace like
Clinton would be set up where these people in
effect would be isolated in the prison system
from the other inmates so that they could get,
in a sense, better treatment and that they
would keep the other inmates safe.
Because that's another part of the
problem that we have, is that it's not just
the inmates themselves, and maybe protect them
from themselves, but also the other inmates
who are in the prison system.
SENATOR MONTGOMERY: Thank you,
Mr. President. Briefly on this legislation.
I think that there are many aspects
of this issue that concern me, but just a
couple of them I will mention.
One is at the current time the
prison system is not -- does not have the
capacity to actually treat people for whatever
their mental illness, and that includes
sexually violent people.
5084
The legislation that we are
discussing here seems to be targeting a
particular kind of criminal activity. It is
criminal activity that is both sexually
motivated violent behavior and mentally ill.
So it's a dual diagnosis, and it requires --
my assumption is that it requires a dual
approach.
One approach, which we already have
in place, is incarceration. People are
incarcerated already based on their sexually
violent predatory behavior.
The bill, however, goes a step
further to say that we should not only
incarcerate them for the crime, but we should
also keep them incarcerated, up to a lifetime
sentence, based on the mental illness that is
associated with their criminal behavior. Yet
we do not have the capacity, nor have we
planned for any process whereby this type of
person would actually receive mental health
services.
In addition, I am concerned that we
include in this legislation specifically
youthful offenders who are also incarcerated
5085
or who are judged to be sexually violent
predators who are mentally ill.
So there are too many unanswered
questions. We are not at this point prepared
to deal with the people that we are intending
to incarcerate under this legislation. There
is -- as far as I know, there is not even a
protocol for how we deal with this
particularly -- this particular category of
mental illness.
So I'm going to vote no on this
legislation because I just think that to take
such a drastic step as creating a lifetime
incarceration for a particular category of
people, where we have not even begun to figure
out a process whereby we are going to provide
treatment, how or where, I just think it is
premature. We should not be legislating this
kind of an approach without a better plan.
So I'm going to vote no.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
very quickly.
Senator, I think next year when we
5086
have a little time I'd like to take you over
to the Correction Department and give you a
briefing on the amount of training and the
changes that have come in the Correction
Department in the last ten years with the MHUs
and all the various mental health people that
we have in the system.
Part of that came about because we
were having so many problems in the system
between inmates and the complaints were so
prevalent. The media has never zeroed in on
it, because we just don't talk about it. And
it's not something that we certainly want to
brag about, that we have a lot of people in
our system who have enormous emotional
problems.
Many of those people already are
sexual predators. So I guess my disagreement
with you is -- the interesting thing about
this is this bill could, I think, be very,
very important to deal with people that are in
a high degree of vulnerability, as they call
it, not only for themselves but also for the
people of this state. Because we could really
begin to do something about the recidivism of
5087
sexual predators, which is extremely high.
There is, under Glenn Goord, who I
happen to consider the best correction
commissioner we've ever had here -- and I've
been involved with a lot of them -- and a very
forward-thinking fellow, I don't think that
there's ever been a progress in mental health
or certainly in health that has been made in
our prison system as has been made.
And I understand your reluctance,
and I understand all of that. But I have to
tell you something. Our prison system is a
whole different place than it was ten, fifteen
years ago. And if there's anything I think
this governor can take great pride in is the
fact that, as governor, his people really made
enormous and favorable changes in the prison
system.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5088
THE SECRETARY: Ayes, 59. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Can we take up Calendar 1609 from
Supplemental List 60B.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1609.
THE SECRETARY: In relation to
Calendar Number 1609, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9028 and substitute it
for the identical Senate Bill Number 5656,
Third Reading Calendar 1609.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1609, by the Assembly Committee on Rules,
assembly Print Number 9028, an act to amend
the Village Law.
ACTING PRESIDENT MEIER: Read the
5089
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator. You want us to do those
now?
SENATOR MORAHAN: Yes.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 29,
Senator Volker moves to discharge, from the
Committee on Rules, Assembly Bill Number 8111
and substitute it for the identical Senate
Bill Number 238, Third Reading Calendar 825.
ACTING PRESIDENT MEIER:
Substitution ordered.
5090
SENATOR PADAVAN: Mr. President.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: May I request
unanimous consent to be recorded in the
negative on Calendar 1583, Senate Bill 2129.
ACTING PRESIDENT MEIER: Without
objection, Senator Padavan will be recorded in
the negative on Calendar 1583.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
on Supplemental Calendar 60B, I'd like to lay
aside for the day Calendar 1589, by Senator
Volker.
ACTING PRESIDENT MEIER: Calendar
1589 will be laid aside for the day.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
please recognize Senator Balboni.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR MORAHAN: In a minute.
SENATOR BALBONI: Mr. President,
I would request unanimous consent to vote in
the negative on Senate Bill 2129, Calendar
5091
5183. Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Balboni will be recorded in
the negative on Calendar 1583.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. For the information of the
members, we'll be standing at ease for the
next few minutes.
SENATOR ALESI: The Senate will
stand at ease.
(Whereupon, the Senate stood at
ease at 5:19 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Would you
recognize our colleague Senator Marcellino,
please, for a great announcement.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Senator Morahan.
I would like unanimous consent to
be recorded in the negative on Calendar Number
1583.
5092
ACTING PRESIDENT MEIER: No.
Without objection -- without
objection, Senator Marcellino will be recorded
in the negative on Calendar 1583.
SENATOR MARCELLINO: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland.
SENATOR SALAND: Mr. President, I
would request unanimous consent to be recorded
in the negative on Calendar Number 1583,
Senate 2129.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative on 1583.
Senator Morahan.
SENATOR MORAHAN: Thank you, Mr.
President.
There will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR MORAHAN: The Senate will
5093
stand at ease.
ACTING PRESIDENT MEIER: The
Senate will continue to stand at ease.
(Whereupon, the Senate reconvened
at 6:17 p.m.)
SENATOR MORAHAN: Madam
President, could we return to reports of
standing committees.
I believe there's a report of the
Rules Committee at the desk.
ACTING PRESIDENT McGEE: Yes.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 385A, by Senator
Saland, an act to amend the Public Health Law;
2696A, by Senator Mendez, an act to
amend the Real Property Tax Law;
2697A, by Senator Mendez, an act to
amend the State Finance Law;
2735A, by Senator Padavan, an act
to amend the Environmental Conservation Law;
3332A, by Senator LaValle, an act
to amend the Education Law;
5094
3556, by Senator Bruno, an act
authorizing;
3801A, by Senator Wright, an act to
amend the Public Authorities Law;
4518A, by Senator Robach, an act to
amend the Correction Law;
4633B, by Senator Fuschillo, an act
to amend the Insurance Law;
5037A, by Senator McGee, an act to
amend the Tax Law;
5183, by Senator Volker, an act to
amend the Insurance Law;
5352, by Senator Padavan, an act to
amend the Administrative Code of the City of
New York;
5353, by Senator Padavan, an act to
amend the Administrative Code of the City of
New York;
5378B, by Senator Alesi, an act to
amend the Insurance Law;
5542, by Senator Hannon, an act to
amend;
5643, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law;
5095
5654, by Senator Robach, an act to
amend the Education Law;
5673A, by Senator Wright, an act to
amend the Energy Law;
5679, by Senator Little, an act to
amend the Economic Development Law;
5681, by Senator Golden, an act to
amend the Education Law;
And Senate Print 5684, by Senator
A. Smith, an act to amend Chapter 261 of the
Laws of 1988.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Move we accept
the report, Madam President.
ACTING PRESIDENT McGEE: All in
favor of accepting the report signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
5096
report of the Rules Committee is accepted.
SENATOR MORAHAN: Can we take a
moment until the calendars get out before we
start the noncontroversial reading.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, with unanimous consent I would like
to be recorded in the negative on Calendar
1596, Senate 5048A.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT McGEE: Senator
Little.
SENATOR LITTLE: Thank you, Madam
President. If I may, by unanimous consent,
could I be recorded in the negative on
Calendar 814, Calendar 1494, and Calendar
1509.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LITTLE: Without
objection. Thank you.
ACTING PRESIDENT McGEE: Senator
5097
Morahan.
SENATOR MORAHAN: Yes, Madam
President, can we start the noncontroversial
reading of the calendar, Supplemental Calendar
60C, and call for a little order in the house.
ACTING PRESIDENT McGEE: Can we
have some quiet, please. Thank you.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1615, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1108A and substitute it
for the identical Senate Bill Number 385A,
Third Reading Calendar 1615.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1615, by Member of the Assembly Weisenberg,
Assembly Print Number 1108A, 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.
5098
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1616, Senator Mendez moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6348A and substitute it
for the identical Senate Bill Number 2696A,
Third Reading Calendar 1616.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1616, by Member of the Assembly Powell,
Assembly Print Number 6348A, 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
September.
ACTING PRESIDENT McGEE: Call the
5099
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you.
To explain my vote, Madam President.
ACTING PRESIDENT McGEE: Senator
Liz Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Well, since
yesterday I was complaining about the fact
that we were passing a law to increase the
level for low-income seniors who own their
homes to $24,000, I feel that I should at
least, when I get up to vote yes today, say
that I am very pleased that this house is at
minimum raising the SCRIE program to the same
level of $24,000.
Although, for the record, we should
be doing it to a minimum of $30,000 and
including the disabled. But I am very pleased
that at the last minute we are passing this
bill today.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Liz Krueger will be recorded in the
5100
affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1617, Senator Mendez moves to
discharge, from the Committee on Finance,
Assembly Bill Number 9057 and substitute it
for the identical Senate Bill Number 2697A,
Third Reading Calendar 1617.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1617, by the Assembly Committee on Rules,
Assembly Print Number 9057, an act to amend
the State 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.)
5101
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR MORAHAN: Madam
President, would you recognize Senator Mendez,
please.
ACTING PRESIDENT McGEE: Senator
Mendez.
SENATOR MENDEZ: Madam President,
I think that this is a very important bill,
primarily for all the minority communities in
the State of New York.
But I also do know that many other
nonminority members here would like to partake
and be cosponsors of this bill. So I really
want to let all my colleagues know that any
one of you who want to be a cosponsor to this
bill, please do so, advise the clerk.
Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, Senator Mendez would like to have
all members who care to be on that bill as
cosponsors to be listed. Those who do not
5102
will notify the desk.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: I believe we
would like to recognize Senator
Hassell-Thompson, please.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Are
you ready for me?
ACTING PRESIDENT McGEE: Ready.
SENATOR HASSELL-THOMPSON: Thank
you. Thank you, Madam President.
Today happens to be a twenty-year
anniversary again. When I spoke earlier, I
talked about having served on the Governor's
Advisory for Apprenticeship and Training.
But at that same time, I also had
the privilege of serving on the Minority and
Women Business Economic Development for the
State of New York. And one of the activities
during that period was to work with each of
the state agencies to create and promulgate
language for this bill.
I am very proud of you, Senator
5103
Mendez, because 20 years ago we did not have
legislators that were ready to come forward
and to create a bill and do a legislative
initiative that would make this law. And in
those 20 years, we've come a long way. And
the importance of our procurement and
reporting is very critical. And that is a
major piece of this bill.
ACTING PRESIDENT McGEE: Can we
have some quiet when one of our members is
speaking, please.
SENATOR HASSELL-THOMPSON: Thank
you.
The reporting piece becomes very
important. And so does the disparity study.
Because there is the common belief, which is
not true, that we have reached a period where
we do not need to have special consideration
for women and minorities who want to do
business with the State of New York and who
want to survive in the world of business.
And so this bill goes a long way
toward opening up those opportunities. And I
just am appreciative of you, Senator Mendez,
for taking the initiative, along with
5104
Assemblyman Towns, to give us the best
possible entryway for this bill that is
possible. It means that the last 20 years
have not been in vain.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1618, by Senator Padavan, Senate Print 2735A,
an act to amend the Environmental Conservation
Law.
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.)
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1619, Senator LaValle moves to
discharge, from the Committee on Rules,
5105
Assembly Bill Number 5580A and substitute it
for the identical Senate Bill Number 3332A,
Third Reading Calendar 1619.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1619, by Member of the Assembly Canestrari,
Assembly Print Number 5580A, an act to amend
the Education 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1620, by Senator Bruno, Senate Print 3556, an
act authorizing the South Glens Falls Central
School District.
ACTING PRESIDENT McGEE: Read the
5106
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1621, by Senator Wright, Senate Print 3801A,
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1622, Senator Robach moves to
discharge, from the Committee on Rules,
5107
Assembly Bill Number 8798 and substitute it
for the identical Senate Bill Number 4518A,
Third Reading Calendar 1622.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1622, by the Assembly Committee on Rules,
Assembly Print Number 8798, an act to amend
the Correction 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1623, by Senator Fuschillo, Senate Print
4633B, an act to amend the Insurance Law.
ACTING PRESIDENT McGEE: Read the
last section.
5108
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1624 --
ACTING PRESIDENT McGEE: Can we
have some quiet, please. Thank you.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1624, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8528A and substitute it
for the identical Senate Bill Number 5037A,
Third Reading Calendar 1624.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1624, by the Assembly Committee on Rules,
Assembly Print Number 8528A, an act to amend
5109
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1625, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8593 and substitute it
for the identical Senate Bill Number 5183,
Third Reading Calendar 1625.
ACTING PRESIDENT McGEE:
Substitution or ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1625, by the Assembly Committee on Rules,
Assembly Print Number 8593, an act to amend
the Insurance Law.
ACTING PRESIDENT McGEE: Read the
5110
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1626, by Senator Padavan, Senate Print 5352,
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1627, by Senator Padavan, Senate Print 5353,
5111
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1628, by Senator Alesi, Senate Print 5378B, an
act to amend the Insurance 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5112
THE SECRETARY: In relation to
Calendar Number 1629, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8874 and substitute it
for the identical Senate Bill Number 5542,
Third Reading Calendar 1629.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1629, by the Assembly Committee on Rules,
Assembly Print Number 8874, an act to amend
Chapter 384 --
ACTING PRESIDENT McGEE: I'm
sorry. Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1630, by the Senate Committee on Rules, Senate
5113
Print Number 5643, an act to amend 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1636, Senator A. Smith moves
to discharge, from the Committee on Rules,
Assembly Print Number 7233A and substitute it
for the identical Senate Bill Number 5684,
Third Reading Calendar 1636.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1636, by Member of the Assembly Destito,
Assembly Print Number 7233A, an act to amend
Chapter 261 of the Laws of 1988.
5114
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Smith.
SENATOR MALCOLM SMITH: Yes,
Madam President, just briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Smith, on the bill.
SENATOR MALCOLM SMITH: To
explain my vote, I'm sorry.
This particular bill that Senator
Smith and many of the colleagues in the Senate
put together over the last year or so is the
extension or the renewal of Article 15A. It
actually sisters the bill that Senator Mendez
has put forward.
And what this bill will allow for,
which is important to many businesses
5115
throughout the state of New York, is a level
of participation in addition to a level of
monitoring.
What I do rise to do, though, is to
do something that doesn't often happen, and
that is to thank some of the individuals who
were very much involved in the preparation of
this bill, those who have been behind the
scenes. Where you might see myself and other
colleagues like myself who stand before you
and represent our interests and our function
in the process, there are individuals who
behind the scenes drive a lot of what goes on
here.
And I wanted to thank personally
someone who worked for me who is also a
fellow, and that is Chris Labarge, who was in
the chambers tonight. He has followed this
bill quite some time. Edna Jackson was part
of the Program Office, in addition to Mark
Leinung. There are a number of other
individuals who I know have been involved.
But I think it was only fitting
that their names be presented. Because again,
while you might see members take credit for
5116
what happens, it is clearly those soldiers in
the background that deserve a lot of credit
for what they've done, and I wanted the record
to so reflect.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you.
I am very sorry that Senator Ada
Smith is not in the chambers today so that
she, along with Senator Mendez, can receive
her accolades from us personally for her
efforts also on this 15A bill.
This is the entryway. This is the
bill that will lift the sunset and make sure
that minority and women businesses continue to
do business with the State of New York.
So I want to, in her absence, and
for the record, commend Senator Ada Smith for
this bill, and to lend my support to those who
have worked very, very hard to make this
happen so successfully at the end of this
session.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The bill
5117
is passed.
Senator Morahan, that completes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: Madam
President, may we go on to the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1618.
THE SECRETARY: Calendar Number
1618, by Senator Padavan, Senate Print 2735A,
an act to amend the Environmental Conservation
Law.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT McGEE: Senator
Padavan, I believe an explanation has been
called for.
SENATOR PADAVAN: Thank you,
Madam President.
What the bill does is outlaw for
this state, as it does for 14 other states in
this country, many of them states where
hunting is a very important part of the
economy, in places like Montana, Nevada,
Oregon, Washington State, Wyoming -- it
5118
precludes the fencing in of an area of
whatever size and then placing within that
geographic boundary exotic animals, generally
referred to as zoo animals, animals that are
not native to New York State, charging a fee
to an individual to come into that area to
take one of those animals, either by rifle or
bow and arrow, and call it a hunt.
The word "canned hunt" is a
misnomer. It's more "canned shoot." It's
like shooting a fish in a barrel, to use a
common phrase.
Those who are hunters that I know
find this particular activity abhorrent. I
have hunted, and I have never heard of anyone
that I knew of who was truly a sportsman
feeling that this was a sport.
But it is inhumane. It's inhumane
for this reason. If you take a normally wild
animal, whether it be a zebra, an antelope,
some exotic animal not indigenous to New York
State, place it in a fenced-in area of
whatever size, feed it, keep it, after a while
that animal becomes very docile. They see
that pickup truck coming down the road, it's
5119
the truck that brings them food. But this
time the guy gets out of the cab and takes it,
bow and arrow or a rifle.
That's wrong. And this bill will
preclude it from happening in New York State.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Will the
sponsor yield for a question, please.
SENATOR PADAVAN: Yes.
SENATOR HOFFMANN: Through you,
Madam President. I wonder if the sponsor
would indicate whether or not shotgun hunting
is also as offensive to him. He mentioned bow
and arrow and rifle.
SENATOR PADAVAN: You can use a
shotgun, of course. A shotgun with a slug in
it or whatever caliber shotgun you want. If
it takes the animal down, it takes it down.
SENATOR HOFFMANN: Would the
sponsor yield for an additional question.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for an additional
question from Senator Hoffmann?
SENATOR PADAVAN: Yes.
5120
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HOFFMANN: Senator
Padavan indicated that he was not happy with
the idea that the current statute allowed a
10-acre restriction. I'm wondering if there
is a size that Senator Padavan would find
acceptable in acreage.
SENATOR PADAVAN: Ten acres was a
nominal size which meant that someone could
acquire 10 and a quarter acres, fence it in,
and do exactly the same thing. It was an
attempt that really didn't serve the purpose
to which it was intended: to prevent this
type of activity.
As far as the size is concerned, if
you fence in that area and place within it the
type of animals we're talking about, animals
that are fed and kept, imported, whatever,
there are going to be limits as to the size of
the land no matter what you do. I don't care
what part of the state you're in. And I've
been in every part of the state, from the
northwestern frontier to the northeast, one
end to the other. And I've been in very dense
5121
areas.
But in any event, I don't care how
big that parcel is. If you fence it in, that
animal will go to the limit of the land
available to it and eventually will get to the
fence, and there it will be killed.
SENATOR HOFFMANN: Thank you,
Senator.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Hoffmann, on the bill.
SENATOR HOFFMANN: I was
wondering if Senator Padavan had a size that
he would find an acceptable field of hunting
activity. I'm not going to use his
terminology, "canned hunt," because I think it
denigrates an activity that has been in
existence for many years. Not that there are
a great many enterprises that fit the kind of
description that Senator Padavan
characterized, but there are others that I
think many of us would find perfectly
appropriate.
For instance, a farm right now that
is not highly successful in the farm economy
5122
will often seek to lease farmland to hunters.
There are many types of native species, but
there are also other species that will
reproduce well here in the Northeastern United
States and are perfectly compatible with
current ecological and environmental
practices.
Red deer, for instance, are not
native to New York State, they're European,
but they can be brought into this part of the
world and thrive. So can fallow deer. And in
fact, there are a number of farms right now
where fallow deer are raised as an
agricultural crop.
All of these farms have fence
around them. And why would they have fence?
Well, a number of reasons, some relating to
the practice of agriculture. One would like
to keep inappropriate predators like coyotes
out of a fenced area to protect the crops.
One also tries to prevent domestic animals
like cows and horses from straying into
another person's property, whether it be a
farmer or a nonfarmer neighbor.
So many of our farms in New York
5123
State are in fact large, fenced areas, some of
them numbering into the hundred of acres. And
there would be, in my opinion, absolutely
nothing inappropriate with somebody importing
a species deemed by Senator Padavan's
legislation to be nonnative and keeping it on
that farm in a several-hundred-acre area,
allowing it to graze or allowing it to
overfeed on the corn after it's harvested --
or wheat or soybeans or any number of other
crops -- and then selling hunting rights to
farmers, to nonfarmers who would like to come
and have the hunting experience.
This is a perfectly appropriate
activity in New York State. In fact, it is
one which is encouraged by the Department of
Environmental Conservation. We have
handbooks, guidebooks, courses that teach good
hunting safety. And it is a major activity to
bring income into New York State because we
are an attractive state for people in more
urban areas.
So while I recognize that the three
sponsors of this bill -- Senators Padavan,
Maltese, and Trunzo -- may have been concerned
5124
about something that they were somewhat less
informed with, I'm confident that in this
chamber there are many members who respect the
right of farmers and other large landowners to
take advantage of their property and utilize
the activity of hunting leases and occasional
hunting for profit, should they choose to do
so. And to be told that they would be in
violation of the law or, as the sponsors' memo
reads, committing an abominable commercial
operation, is insulting, is insulting to the
farmers of this state.
I take great exception to this
piece of legislation, Madam President, and I
will vote no.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam President,
I hesitate in a very strong manner in
objecting to my good friend Frank Padavan's
bill.
And the reason I do is several
reasons. Some years ago Frank and I debated
for about an hour over a rather sizable bill,
and of course Frank has been my friend for --
5125
he's sat next to me now for 29 years. The
last time that I debated vociferously against
him, I think he didn't talk to me for three
months.
But unfortunately, this bill is a
clash of cultures. What Frank just described
as a canned hunt is what the Humane Society
people and the animal people say canned hunts
are, which has no -- for the most part, no --
nothing in reality.
This is not about tigers and bears
and all that other stuff. This is about an
industry that in upstate New York -- and I
realize there's none in New York City that I'm
aware of -- but in a lot of places is part of
a tourist industry. And things like elks and
even boar are introduced into that area.
And by the way, you could have a
whole park that could be included in this
bill. You say "fenced in." Well, parks are
fenced in, some parks. And it's not what you
think. These animals aren't fed. When they
put them in there, they eat themselves. I
mean, they get along like anything else.
It's not like -- and I've been in
5126
debates on this, and I've listened to people
who have no concept of what this is really all
about. And, Frank, I really hesitate to do
this. This is the classic confrontation
between those of us that live in upstate and
rural areas and people who think more like
urban people. It's why sometimes you say to
me -- and you're right -- that I really don't
have the same understanding of people in urban
areas.
And I accept that. My roommate
next to me here, Senator LaValle, I certainly
don't understand sometimes his area on Long
Island. And I'm the first to admit that.
But I have to say to you, Frank,
for us upstate -- and I'm glad you at least
amended out some of the other stuff that was
in there. This is not really what you think
it is. It's not -- for somebody that lives
where I live, and I've hunted and I've fished
and all that, I don't believe I've ever done
what they call a canned hunt.
But I know there are huge preserves
where people go and they pay a few bucks, and
sometimes a company will send people there to
5127
hunt on a property, and they'll have a few
drinks and a few -- something to eat. And
those animals, by the way, are as -- they're
as wild as any animals in any part of this
country. They're not easy to kill. If they
were easy, it would be different. They're
not.
So I must say to -- and I hesitate
to do this, but I have to say that this is not
a good bill. And it's certainly not a good
bill for the farmers upstate, it's not a good
bill for, I believe, the people -- most of the
people of this state.
It's a good bill for the people
like the PETA people who have no clue, really,
about many of the animals in this state and
how to treat animals. They are in part
responsible for the enormous slaughter of deer
on our highways that has become almost
epidemic because, you know, they've cut down
on hunting and all the rest of the stuff.
So it just seems to me -- and I'm
sorry to do this, Frank --
SENATOR PADAVAN: Don't be.
SENATOR VOLKER: Okay. But I
5128
have to say that on behalf of myself and those
that I think I -- I'm in contact with from
upstate, this is not a good bill at all.
SENATOR PADAVAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: I don't want to
exacerbate this discussion, because there are
many things we've got to do here before we
leave. But there are some statements that
have been made that are just technically
not -- in error.
I have a booklet here which lists a
number of these facilities in New York State.
Let me refer to one. Old Stone Fence Hunting
Adventures in Rensselaer Falls, New York.
"Red stag, $1,500." They have a price list
depending on what you want to shoot that day.
"Buffalo, $1,600." On and on it goes. "Other
species available upon request."
They'll put anything in there you
want so you can shoot it and hang it up on the
wall as your trophy. That's not a unique
place. They do exist elsewhere.
5129
Now, as I said earlier, there are a
number of states in this country that already
preclude -- have done so for many years. And
they're not places that you would refer to,
generally speaking, as having the
upstate/downstate mentality. If you've been
to Montana and Wyoming and Oregon, there is no
upstate/downstate. It's all upstate, and
hunting is a way of life. And they won't
allow this to go on.
Now, if a mammal in this state
becomes indigenous, through whatever means,
then it's precluded from this bill. We bent
over backwards to make sure that farmers who
raise deer for food and allow it to be hunted
are precluded. So don't include them, because
we took them out. Venison is a food that is
certainly consumed, and so farmers are not
going to be impacted in terms of their
livelihood if that is what they rely upon.
I could go into a lot more detail,
give you a lot more examples, show you a whole
bunch of photographs, and bore the tears out
of you. The fact remains, I have not
personally -- and I know a lot of them who are
5130
hunters who tell me -- and I was talking to
one just the other night, who hunts not only
all over this state but all over the country,
who would not participate in this because they
do feel it's inhumane and they do feel it's,
frankly, not hunting.
Because you can talk about these
large tracts of land. But as I said earlier,
eventually you get the animal to the fence,
with your pickup truck or whatever the means
is. And if it's a nondomestic animal, under
this law you would be precluded from not
taking it.
With all due respect to my
colleague, Senator Volker, I will talk to you
tomorrow even if you vote against this bill.
But we're not going to be here tomorrow.
(Laughter.)
SENATOR PADAVAN: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Maltese.
SENATOR MALTESE: Yes, Madam
President. First of all, as to Senator
Volker's remarks as to whether or not Frank
5131
would talk to him, I think the end result that
he would is probably not preferable.
(Laughter.)
SENATOR MALTESE: But as to this
very important legislation, I think, being the
original sponsor of the bill confining the
area to 10 or less acres, I remember much of
the debate and the correspondence pro and con.
And both my brothers are hunters,
and we discussed it at great length, as did
many of my friends. And certainly as far as
districts within the City of New York, I would
daresay that there are as many hunters in my
district as there might be in any upstate
area. They are -- many of them have sports
clubs and sportsmen's clubs.
The very definition of the word
"sport," it takes great offense at this being
called anything close to a sport. I have, in
all the debate that we had on the original
canned-hunt bill, with the exception of some
people who came up and advocated for the bill,
the majority of them would say to me ahead of
time: "I'm for hunting, I'm for shooting, I'm
for, you know, taking game," but many of them
5132
would then say, "But this is alien to me.
This is not something that I would defend.
This is not something that I feel should be
done."
And what Senator Padavan said, he
said it well. These animals, most of them are
tame. They walk up to you and come up to you
to be fed from your hand. And it is a crime,
it should be a crime to take these animals and
then call it sport.
I tried to find the definition of
sport and had my legislative counsel just
bring it to me. But unfortunately, it doesn't
have -- it's a source of diversion or
recreation or physical activity engaged in for
pleasure. But that's not what I'm after.
If this is a pleasure, if this is a
true sport, then I tell you -- and I am not
afraid or frightened to go back to my district
and defend a vote for this bill under any
measure or stretch of the imagination. This
is a bill that seeks to remedy a terrible
wrong. This is a bill that I believe any true
huntsman, any true sportsman would support and
advocate.
5133
This is not sport. This is
slaughter, a slaughter of a pet. It could
just as well be a slaughter of a companion
pet. This is not something that our true
sportsmen or our huntsmen would want to be
identified with. The sport is alien to
Americanism, not patriotic. I'll bring
anything and everything into it to tell you
that this is not something that should be
engaged in by people that truly love sport and
truly love sportsmanship.
I urge and advocate a vote for this
fine bill.
SENATOR VOLKER: Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Can I just
respond to that?
Senator Maltese, Senator Padavan,
the reason I'm a little upset at this, I agree
with you except for one thing. That's not
what we're talking about.
What we're talking about is huge
plots of land where ordinary animals are out
there and it's part of hunting. The thing
5134
that you're talking about is what people --
the animal people are saying, which is
ridiculous. I agree with you. I've never
done that, and almost none of us in this
chamber would do that. That's not what this
bill is all about.
And by the way, the animal-rights
people know it. They're not so dumb. They
use these people who do this sort of thing
and -- I don't know, there's none in my area.
I don't believe -- I don't know of any of
those kind of canned-hunt things in all of
upstate New York. There probably are some
places, because there are some greedy people
that do that sort of thing. This is not about
that.
This is about ordinary hunters.
And I've got to tell you, I have a tremendous
amount of hunters in my area. They all think
that this is nuts. And the reason they think
it's nuts is that the only difference between
just ordinary regular hunting is that you have
some sort of restrictions, it may not even be
totally fenced, and people go out and they
hunt.
5135
It's not as if these are domestic
animals that you feed. They don't feed the
animals in these places. Ten thousand acres,
how you going to feed animals? I mean, you
couldn't get to them most of the time.
So I know what you're saying, and I
don't disagree with you. That's not what this
bill is all about. You may think it is, but
that's not what it is.
And by the way, the people that are
out there now, we got some frenetic people out
there who are extremely worried about the
impact of this bill: the Farm Bureau. And
they should be. Because there's all sorts of
repercussions over this.
And I think the problem is that
we're dealing with an issue that is not
understood in part of the state and then many
people who in upstate New York want to stop
hunting. Well, that's fine. But hunting is a
big producer in this state, a lot of money, a
lot of people in the tourist industry. It's
important to the state. And those of us that
have been in this state a few years, and I'm
one of them, feel very strongly about it.
5136
And, you know, if you want to ban
canned hunting in New York City, fine. But
don't -- don't try to do it in upstate
New York.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, would the
sponsor yield.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR MORAHAN: Senator, I
would just like to get some clarification.
This bill, as I see it, changes --
the current law now prohibits this sort of
activity in any fenced-in area of 10 or less
contiguous acres. Is that correct, that's
about all this bill does?
SENATOR PADAVAN: Well, it does
two things, Senator.
Previously, as Senator Maltese told
you, a bill was passed, I think in 1999, which
placed restrictions on this kind of activity
5137
in an area of 10 acres or less, yes.
But as I said in my explanation
earlier, 10 acres became really irrelevant,
because you can go 10 and a quarter acres and
do exactly the same thing.
The issue became, what is it,
within a fenced-in area. So we changed that
part of the bill, took out the acreage and put
in "or in a fenced area or other area of
similar type."
But in the process we took out any
reference to animals that are hunted or raised
in the state that are indigenous to New York
State, mammals such as deer, bear, and a
variety of other animals that we have. And we
restricted it to the nonnative big-game
mammal, nonnative. So that brings it into the
category generally of animals that are
imported, exotic animals.
And I don't want to get Senator
Volker exercised again, but I could show you
photographs of everything from lions to
mountain goats to elk, a variety of other
animals that have been taken at facilities
such as this.
5138
SENATOR MORAHAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: If the sponsor
will continue to yield.
ACTING PRESIDENT McGEE: Senator
Padavan, will you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MORAHAN: Then I can
assume that currently this activity is allowed
on acreage of 10 or less, would those animals
be fed in any way right now, or would they
just be 10 acres -- I don't know how many
animals you can have on a parcel that small
that they could all thrive on the natural
fauna or whatever.
SENATOR PADAVAN: Of course.
Generally, you know, cattle ranches will feed
cattle on tens of thousands of acres. They'll
bring them out by pickup truck, they'll drop
them from helicopters, they'll do what they
have to do, particularly during a time of
5139
drought.
And so with animals such as this
sort, irrespective of the size, it's not
uncommon for these animals to be fed in some
fashion or other.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
Thank you, Mr. Sponsor.
ACTING PRESIDENT McGEE: Anyone
else 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 1618 are
Senators Bonacic, DeFrancisco, Farley,
Hoffmann, Kuhl, Larkin, Leibell, Libous,
Little, Maziarz, McGee, Meier, Morahan,
Nozzolio, Rath, Saland, Seward, Stachowski,
5140
Volker, and Wright. Ayes, 41. Nays, 20.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Would you call
up Calendar 1634, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1634, by Senator Little, Senate Print 5679, an
act to amend the Economic Development Law.
ACTING PRESIDENT McGEE: Senator
Morahan.
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.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
5141
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 43. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT McGEE: Senator
Little, an explanation has been requested.
SENATOR LITTLE: Thank you.
I am very honored and extremely
proud to be the first sponsor on this bill.
And I'd like to begin by thanking Majority
Leader Bruno and Senator Balboni, as chairman
of the Veterans Committee, for allowing me to
be sponsor of this bill.
This year, without a doubt, has
been a learning experience for me: certainly
on the professional level, learning about the
Senate; secondly, learning on a personal
level, having my son on active duty in Iraq --
5142
ACTING PRESIDENT McGEE: We'll
wait until all conversations are over and then
we can listen to you.
Thank you very much.
SENATOR LITTLE: Thank you.
Certainly on a personal level,
having a son serving in the Navy and being on
active duty in Iraq, I learned several things.
I learned the meaning of "in harm's way." I
also learned the meaning of the sacrifices
that the wives, children, parents and siblings
go through when they have someone on active
duty.
And I also learned about the
anxiety that goes on in a person when you are
watching, as we did on television, wondering
if your family's life was going to be changed
that day.
So as I stand here with this bill
and explain what this bill does, I'm very
proud of this chamber and proud of our state
for trying to do something to show the support
for our men and women.
Our military today is
all-volunteer, and the military that we have
5143
been calling up in our state are volunteer
part-timers. Now, my own son is full-time,
has the benefits of military service and
military life. But many of the people in
New York State that were called up were
reservists or were on National Guard. They
didn't expect to be called for the length of
time that they were called, and many of them
were not prepared.
What this bill does is assist their
families, shows support for them, and helps
them in many financial ways to be able to
serve our country without the added worry of
wondering about the car lease, the mortgage
payment, the tuition in college, the place for
your job, what's going on with your family,
are you going to be able to afford to talk to
them, to have video conferencing with them.
There are so many things in this
bill that help a family survive and get
through the emotional experience and the
anxiety that they experience when their loved
one is serving overseas.
We are very proud of all the men
and women in our state who participated in
5144
this. Unfortunately, nine New Yorkers lost
their lives in this conflict. And part of
this bill would allow those children of those
families and all of the children of families
back to the 1990 conflict that we underwent,
their children would have free tuition at a
New York City, New York State school, college,
SUNY and CUNY, as well as the amount of
tuition at a private school if they chose
that.
These are things that we can do
when a family gives up a loved one and
actually lose their life or are so severely
crippled that they can't function in life.
There are many other things that
are included in this bill, but they are all
geared towards one purpose, and that is to
enhance benefits to New York military
personnel that will minimize the disruptions
that military activation may cause in the
lives of such personnel and their families.
I'm very proud to be a part of this
bill, and I think as a state we stand alone in
doing this. I'm sure there will be many other
states who will follow.
5145
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 43. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, to explain my vote very briefly.
ACTING PRESIDENT McGEE: Senator
Balboni, to explain his vote.
SENATOR BALBONI: This session
has been noted for the things we have not
accomplished. We must look to this bill, the
Little bill -- it's a very big bill -- as the
way to do business.
It really is. And why is it so
appropriate for Betty Little to be doing this?
Because few people understand what it's like
like she does, to watch TV and know that her
son is in harm's way protecting this great
nation.
But as so, each one of us have seen
5146
the sacrifices that our men and women who have
served in the armed forces and National Guard
have performed. The service has never been
longer, the duty has never been more
frightening, and the need has never been
greater for this kind of legislation.
Betty, great job.
Thank you, Madam President. I vote
aye.
ACTING PRESIDENT McGEE: Senator
Balboni will be listed in the affirmative.
Senator Diaz.
SENATOR DIAZ: Thank you. I
would like to explain my vote.
ACTING PRESIDENT McGEE: Senator
Diaz, to explain his vote.
SENATOR DIAZ: I also, Madam
President, would like to join my colleague
Senator Balboni in praising the Little bill
and saying that our young men and women, right
now, at this very moment, they are being put
in many dangers right to -- for the purpose of
defending this country and defending the
freedom that we all enjoy.
And I think that this bill is the
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least we could do for all those heroes, young
men and women that have given their lives and
their families, suffering, they are lost. And
I praise Senator Little for this beautiful,
magnificent bill, and I hope, I hope that we
could do more.
But at least we're doing something
and we're sending a message to our heroes, our
young soldiers and members of the armed forces
of the United States of America, the best
country in the world and the best armed forces
in the world. And I'm so proud of being and
living in this country and being defended,
defended by those heroes.
And right now, the other night I
listened, I was watching TV when they've been
ambushed and been killed, being -- giving
their lives. And again, I repeat myself, this
is the least we could do for them.
I'm honored, I'm proud in being
part of the members of this Senate that are
supporting this bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Diaz will be listed in the affirmative.
5148
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Thank you
very much, Madam President. Just very briefly
to explain my vote.
Congratulations to Senator Little.
Recently we celebrated the life of
a gentleman who was dedicated to supporting
benefits on behalf of veterans and those in
the military by the name of Mike Handy.
Myself, Senator Maltese, Liz Krueger, several
members got up and speak on the resolution
because of his concern and interest as relates
to veterans and the benefits that they receive
as well as services when they came back from
their particular conflict.
This particular bill addresses so
much of what he was fighting for. One of the
things I recall his mother -- his wife asking
me when I went to the wake was: Do you know
if any of the things that Mike Handy fought
for for our veterans, for those who are in
military conflict, will ever be addressed?
And I told her I felt that this year that
would happen in this chamber.
Today I'm quite sure that Mike
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Handy, wherever he is -- and I'm sure he's up
above -- is looking down on us right now,
smiling greatly, because we are doing so much
for our veterans and those that are in the
military.
Because when they come back
normally, they end up fighting a war for us
wherever they are, and the worst that can
happen is when they come back they fight
another war for their benefits and on behalf
of their families.
So this is a great day for all of
our military personnel.
Thank you, Senator Little, for your
great work.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. Are there any substitutions
at the desk?
ACTING PRESIDENT McGEE: Yes,
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there are substitutions at the desk.
The Secretary will read.
THE SECRETARY: On page 17,
Senator Larkin moves to discharge, from the
Committee on Rules, Assembly Bill Number 6512
and substitute it for the identical Senate
Bill Number 2088, Third Reading Calendar 513.
ACTING PRESIDENT McGEE:
Substitution ordered.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. Could we temporarily stand
at ease, please.
ACTING PRESIDENT McGEE: Senate
will stand at ease.
(Whereupon, the Senate stood at
ease at 7:18 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President. There will be an immediate
conference of the Majority in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate conference of the Majority in the
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Majority Conference Room.
SENATOR MORAHAN: We expect it to
last 10 to 15 to 20 minutes.
ACTING PRESIDENT McGEE: The time
frame will be anywhere from 10 to 20 minutes.
(Whereupon, the Senate reconvened
at 8:31 p.m.)
ACTING PRESIDENT McGEE: Senator
Robach.
SENATOR ROBACH: Madam President,
can we please take up Calendar Number 1633.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1633.
THE SECRETARY: Calendar Number
1633, by Senator Wright, Senate Print 5673A,
an act to amend the Energy Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR ROBACH: Move to accept
the messages of necessity.
ACTING PRESIDENT McGEE: The
question is on accepting the message of
necessity. All in favor will signify by
5152
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read.
THE SECRETARY: Section 12. This
act shall take effect immediately.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Wright, an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill before us this evening
does two primary things. One is to reenact
Article VI of the Energy Law relating to the
energy planning process, and to also reenact
Article X, which is the siting of electrical
generating facilities.
SENATOR SCHNEIDERMAN: Madam
President, through you, if the sponsor would
yield for some questions.
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ACTING PRESIDENT McGEE: Senator
Wright, will you yield for a question?
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: Thank you.
I'm curious as to how this bill
differs from the straight extender of the
current Article X law that was passed by this
house two years ago.
SENATOR WRIGHT: In terms of the
last Article X bill that was before this
house, there are a series of changes that have
been made.
First of all, in the preapplication
studies process we've included coastal area
impacts. In the preapplication intervenor
funds, we're making $50,000 from the
intervenor fund available for the
preapplication process.
In terms of the repowering language
that was added in 2001, that is being
expanded. In terms of intervenor funds, we're
keeping the cap at 300,000. In terms of the
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application studies, we're adding water
withdrawals and discharges. In terms of
demonstrating, the security plan has been
added.
Additional parties to the
proceedings now includes Park and Rec for both
the State and the City of New York. Board
consideration in granting a certification will
include coastal area impacts. And the
intervenor fund will be established with the
Comptroller and Tax & Finance. Both the
articles sunset on January 2014.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Wright, will you continue to yield?
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: So then
this bill extends the current law, as
modified, not to 2007, as was the case with
the last bill, but to 2014?
5155
SENATOR WRIGHT: That is correct.
SENATOR SCHNEIDERMAN: Through
you, Madam President, does this bill change
the eligibility requirement of 80 megawatts of
net generating output in the current law?
SENATOR WRIGHT: It does not.
SENATOR SCHNEIDERMAN: So that
anything under what's been referred to as the
79.9-megawatt loophole would not be covered?
SENATOR WRIGHT: Well, the
threshold is 80 megawatts. Anything under
that is subject to a SEQR proceeding.
SENATOR SCHNEIDERMAN: And does
this bill have any provisions requiring any
analysis of the impact on environmental
justice issues on poor communities of color
that are unduly burdened in many parts of
New York State with an unfair share of
polluting facilities?
SENATOR WRIGHT: Well, there are
a number of things that are reflected in terms
of the environmental justice regulations that
were adopted by the agency, DEC. In turn,
those regulations are applicable to both air
and water permits.
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So you have inherent inclusion of
environmental justice provisions in the
permitting process that the agencies have
responsibility for that are part of the
signing process by virtue of our agreement
with the federal government.
In addition, back in 1999 when we
amended this siting bill we added that we
would evaluate the impacts on the environment,
the ecology, public health, safety,
aesthetics, scenic, history, recreational
value, forest products, air and water quality,
fish, other marine life, and wildlife, and the
board must evaluate the cumulative effects of
air emissions from existing facilities with
particular attention to plants located in
areas designated as severe attainment.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Wright, will you continue to yield?
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
5157
Senator yields.
SENATOR SCHNEIDERMAN: I
appreciate the general regulatory framework
and the language of intent. But is there any
additional provision to address environmental
justice issues in this specific bill that
we're voting on now?
SENATOR WRIGHT: No, there are no
additional add-ons.
SENATOR SCHNEIDERMAN: Okay.
Thank you.
Through you, Madam President, are
there any emission standards set for NOx and
SO2, NOx and SOx, as in the Assembly Bill?
SENATOR WRIGHT: No, there are
not, Senator.
This bill is a siting bill. Unlike
the companion bills that have been developed
in the Assembly the last couple of years that
try to wander into various areas of
environmental law and standards, we are trying
to focus on the siting process and keep it to
a siting process.
You know, when this bill was
originally enacted, this bill received "three
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trees" in terms of endorsement of it as a
process. We have done nothing in the
intervening years to diminish or take away --
in fact, have only enhanced this bill.
So we have focused on making sure
we have a process that works and in fact has
worked very well. But we have kept it focused
on that process and allow the other statutes
relative to air quality, water permits, et
cetera, to exist as they do and should.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
continue to yield.
SENATOR WRIGHT: I will, Madam
President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SCHNEIDERMAN: So then
the definition of a siting bill, as you're
putting it forward, appears to be different
than the definition that's being used in the
Assembly. This bill currently is not a "three
tree" bill anymore. Isn't this now a "three
smokestack" bill?
SENATOR WRIGHT: Yes, it is,
5159
Senator. And that's, of course, what we're
trying to point out, that we have done nothing
that has changed this bill. We have only
added to this bill.
So when it started out as being
environmentally beneficial and has not been
diminished in any way but in fact has only
been added to in ways identified as
environmentally beneficial, I cannot reach the
conclusion that it automatically becomes
"three smokestacks," other than it does not
meet the objective of the organization
assigning the smokestacks.
The issue really is one of looking
at siting and ensuring that we have a uniform,
consistent siting process, which is what we
have in this bill.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Wright, will you continue to yield?
SENATOR WRIGHT: Yes, I will,
Madam President.
ACTING PRESIDENT McGEE: The
5160
Senator continues to yield.
SENATOR SCHNEIDERMAN: Thank you.
Does this legislation include any standards
relating to particulate matter, as provided
for in the Assembly bill?
SENATOR WRIGHT: If you're
referring to PM 2.5, it does not. That's in
the memo of opposition identified -- I too
have it here identified -- as small
particulate matter.
I would point that under this
current law, previous siting boards have in
fact required that projects, when appropriate,
study PM 2.5, and have made requirements.
In addition, the agency is
reviewing its current PM 2.5 standards and
that could be required of all DEC air quality
permits, and of course in that situation would
then become part of the siting provisions.
SENATOR SCHNEIDERMAN: Thank you.
Thank the sponsor.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I'm sorry
5161
that we're here again in the situation we were
in two years ago. We have, as in many cases
of the law, had an evolution in our knowledge
and understanding of how the siting process
works and of the needs of our communities.
We know that this is a one-house
bill. We know that the Assembly has a very
different approach that is supported by, I
believe, every environmental organization in
the state and the American Lung Association.
I am sorry to have to report that
my comments two years ago at the end of the
2000 session apply today. I said, two years
ago: "We are here at the end of the year
about to vote on what is clearly a one-house
bill that does not address any of the problems
that have identified with the current siting
process, and not just identified by the
Assembly, which has overwhelmingly passed
legislation incorporating all of the elements
that Senator Duane" -- who at that time had
introduced amendments -- "just discussed in
his amendment, but also legislation proposed
by the Governor."
Everyone knows that this is a
5162
one-house bill. Why we would come forward now
trying to extend a law to 2014 that has been
subject to such severe criticism, not just
from the Assembly but from the Governor, I
don't know. I suppose this is a case of
trying to cover ourselves at the end of a
legislative session.
I do not know exactly how the blame
should be apportioned between this house, the
Assembly, and the Governor. But what is
clearly required at this point is a serious
effort to resolve an issue that is drifting on
and on. And inaction may be the primary mode
of functioning in the Legislature in many
situations, but it is certainly not what the
people of this state expect from us or
deserve.
We need to address the
environmental justice issues in a siting bill.
That is an issue relating to siting. We need
to address the particulate matter and NOx and
SOx in a siting bill. That is a siting
matter.
And we certainly have to deal with
the fact that this bill continues to maintain
5163
this outrageous loophole of only applying to
siting situations in which you're dealing with
80 megawatts of net generating output.
Many different versions of
alternative language have been proposed. I'm
sorry, truly sorry that all of the remarks I
made two years ago are equally applicable
today. It's time for us to move.
And maybe this is something that
requires stronger intervention from the
Executive. I certainly would welcome that. I
think everyone in the environmental movement
that has looked to the Governor to provide
leadership in this area in the past is looking
to him now. Unfortunately, this session we
haven't seen it.
So I'm going to be voting no. I
encourage everyone to vote no. I hope we will
actually come to the table and address this
very serious issue as soon as possible.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield.
ACTING PRESIDENT MEIER: Senator
5164
Wright, do you yield?
SENATOR WRIGHT: I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator Wright,
I'm sure you're aware that I represent the
largest concentration of power plants in the
state of New York in my small district located
in Astoria and Long Island City. I currently
have the New York Power Authority, Con Edison,
which has now been taken over by KeySpan at
the Astoria site. Ravenswood, with the "Big
Alice," they've already added two 79.9 power
plants in the area.
How will this affect my district
now? Will it allow more sitings in my
particular district, supersaturating my
particular community, overburdening them with
all the power plants being located in one
small, particular area?
SENATOR WRIGHT: No, Senator, I
can assure you it will not.
As you are no doubt aware, having
served on the Energy Committee for a number of
5165
terms now, in fact in 1999 when we made the
amendments to Article X to enhance and improve
it, one of the very specific additions we
added was that the board must evaluate the
cumulative effect of air emissions from
existing facilities, with particular attention
to plants located in the areas designated as
severe attainment. That's one aspect.
The second aspect, as you will
recall, in 2001 we amended again and provided
for enhanced siting processes when there was a
substantial and significant reduction of
emissions exceeding 75 percent or better.
Both of those amendments are
perfect examples of how we have only added to
Article X. We have never diminished the
requirements or the provisions of Article X.
We have only added to and enhanced them as we
have done with these amendments.
Now, that may not be satisfactory
to some individuals, who have a broader agenda
and broader issues over and beyond siting.
But that is the focus of what we're trying to
do, because we do acknowledge and recognize,
first of all, replacing old facilities with
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new facilities will have a significant
positive impact on NOx, SOx, all the other
emissions and in fact will bring new
generation of capacity online. That's what
we're desirous of doing.
SENATOR ONORATO: Will you
continue to yield, Senator?
SENATOR WRIGHT: I will, Mr.
President.
SENATOR ONORATO: Senator,
regarding the intervenor funds, does your bill
now make it a little bit more difficult for an
intervenor to obtain funds to fight the --
SENATOR WRIGHT: No, Senator, it
does not. And let me again restate, we have
done nothing in this bill that diminishes,
restricts, adds burdens, adds barriers. That
in fact is not an accurate assessment of what
we have done.
What we have done is left the
intervenor funds unchanged, because to date
they have not been utilized completely on any
project. So we believe the current funding
mechanism is adequate.
In response to concerns raised by
5167
various individuals, we are now allowing that
funding to be utilized, $50,000 of it, in the
preapplication process. So we are once again
adding to the process, enhancing the
opportunity for participation, and in fact
financing that participation in the process.
SENATOR ONORATO: I have one
further question. Would the Senator yield?
ACTING PRESIDENT MEIER: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: Yes, I will
yield, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator, to
your knowledge, has any group asked to become
an intervenor and been denied funds for that
particular purpose?
SENATOR WRIGHT: Not to my
knowledge.
SENATOR ONORATO: Thank you.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: On the bill, Mr.
President.
5168
ACTING PRESIDENT MEIER: Senator
Sabini, on the bill.
SENATOR SABINI: I'm struck by
the sponsor's confidence that Article X's
revisions, the last two revisions, were good
legislation and added protections, because the
result has been, in Queens County, a
riverfront on the East River now polka-dotted
with power plants.
And while that may be great for the
increased energy consumption for our area, the
fact of the matter is that, as Senator Onorato
so aptly has stated, his district is now
saturated to the point of absurdity. There is
a power plant every couple of blocks along the
waterfront. And other parts of the Bronx and
Queens can't take any more.
And if this is going to be added
protection, we don't need any more help. The
last added protection resulted in more plants
for us.
So I intend to vote in the
negative. And if this is added protection,
don't give us any more help. Thank you.
ACTING PRESIDENT MEIER: Senator
5169
Oppenheimer.
SENATOR OPPENHEIMER: Well, as
you're probably aware, we are looking for
alternative energy, an alternative energy
source for our nuclear power plant at Indian
Point in Westchester. It supplies power to
many parts of Westchester, also some to
Rockland, and I think some goes into Putnam.
And so I'm really disappointed that
we haven't been able to make any progress
through the last more than couple of years
now. Because if we are going to make any
headway removing the nuclear power, we really
can't do it unless we have an alternative
source of energy right at that site. Because
we can't do without the power.
This bill before us is not -- it's
really Article X with some small changes. And
it fails to address the pollution which is
emitted right now by our power plants, and it
fails to increase any of the key reforms that
are going to be needed in our New York siting
process.
And I don't know where that leaves
us. I mean, it leaves us with enormous power
5170
implications, but as we all know, it leaves us
with enormous health implications also.
Because -- I mean, I hadn't heard "NOx and
SOx" before, because we call it nitrogen,
oxygen, and sulfur dioxide. But that's a cute
way of condensing it.
NOx and SOx is causing us so many
health problems with the acid rain and smog,
and I guess we should throw in global warming.
And we're bearing that cost. It's a very high
cost, both physically for the people involved
and financially for all of us who are left
bearing the burden of those medical expenses.
I just hope that something can be
done in the next year. It's reached crisis
proportion for us.
And we may have to shut down the
nuclear power plant, because it's now before
the federal government. All of the different
communities and the different counties
surrounding it have not verified, have not
said that the plans for egress in case of an
emergency are valid. We say that they are not
sustainable, they cannot remove us from the
source if there is an emergency at that
5171
nuclear power plant.
If the feds say -- uphold what
we're saying, we're going to have to shut down
that plant, and we have no other source to
supply that amount that will be lost to us.
So I just hope something will
happen quickly. I know you're trying, Jim.
But let's hope we can try even harder and make
it happen in the next year.
ACTING PRESIDENT MEIER: Senator
Parker.
SENATOR PARKER: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Parker, on the bill.
SENATOR PARKER: I approached
this bill in the way I've learned over this
first session that I've been involved in, with
mixed emotions, with looking at it and seeing
there's some things that we would like to be
able to do and in some cases things that don't
go quite far enough.
I want to begin by just commending
Chairman Wright on his understanding of our
situation. We're literally at a situation now
5172
where the state doesn't have enough power.
And if it was not for the mild summer that
we're having, that we would be really at a
point where we'd be ready, both houses, to
negotiate this bill.
I mean, the reality is that we are
extremely close to having a serious emergency.
That, you know, many of us have forgotten,
through all the other things that have
happened, that just two years ago there were
rolling blackouts in California, that we were
having a significant emergency here in our own
state.
And Chairman Wright's bill really
addresses that and really takes up that really
important need for us to produce more energy
in our state and particularly in the city of
New York.
And in that context, the beginning
of this bill is Article VI, which in fact
presents as a four-year plan for energy
throughout the state which is direly needed.
We really need to really
comprehensively look at the needs of the state
and then our ability to produce energy and to
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really just -- you know, this is not just
about energy. This is about everybody here
who has laptops, everybody who has PDAs and,
you know, washing machines in their houses and
microwaves and, you know, air-conditioners in
the summer. And we run them all at the same
time.
And, you know, as long as we go to
the switch and we flick it and the lights come
on, we're okay. But it's that moment when it
doesn't come on that we will truly understand
how important having a siting bill is for this
state.
At the same time, we cannot site
facilities around the state without an
understanding and a real analysis of what the
impacts are going to be on communities. It is
critically important that we look at
environmental justice. It is critically
important that we look at cumulative impact on
communities and health impacts on communities
and that we make sure that we bring
communities to the table when this happens.
Part of the problem that we have
here is really just a lot of, you know, bad
5174
faith on power companies that we're having to
deal with. And we really, as elected
officials, would love to be at the table from
the very beginning, helping to negotiate with
plants that are sited and working with
communities and industry.
Because at the same time, you know,
not only is this important to make industry
run, but the industry itself is important for
jobs. I have many people in my district who
work for KeySpan and Con Ed, so these are not
bad words in my district. These feed a lot of
families, and so that's important.
But I don't think that this bill
goes far enough. And, as we have often talked
about in this house, that one-house bills just
don't take us where we need to be.
I would love to be involved in the
process and have already talked to Senator
Wright about that, and others, about us
working together to create a real negotiated
peace on this issue of Article X, so that we
cannot only have a siting bill that would
allow industry to be able to site plants and
produce the power that we sorely need, but to
5175
make sure that ratepayers have all of the
energy they need at a cost that would really
be affordable and not have businesses and
people running for relief also from us.
And so, unfortunately, I would like
to be able to vote yes on an Article X bill,
because we sorely need one. But
unfortunately, I don't think that this bill is
the one that is going to get us quite there.
And so I'd like to put forth my
energy to work along with -- you know,
continue to work with the committee and the
members of the Assembly to make sure that we
get an Article X bill that in fact addresses
both the needs of the industry as well as the
environmental health and community needs that
are sorely needed for all of our communities.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Within three
minutes, Mr. President, I would also like to
commend Senator Wright for working on this
Article X bill. But it doesn't go far enough,
and it doesn't improve the way it should be
improved.
5176
I'm going to just mention two areas
of concern to me. The lack of people's
involvement through hearings. If anything is
below 80 kilowatts, you don't have to have a
hearing.
So in one of my communities, you
have two or three power plants that are built
that total more than 80 kilowatts, even though
individually they're less. So I think there's
a great injustice done if the people are not
involved in the process of deciding what they
want to have and don't want to have.
And this leads into a second issue.
I have a very diverse and large district.
It's not by coincidence, in my opinion, that
the Rosebank section of Staten Island and the
Sunset Park section of Brooklyn have problems
with increases in power plants without
hearings. I think that this discriminates
against working people and poor people.
And the areas in my community that
might be upper middle class don't have these
problems that areas that are considered poor
or working class do have.
I regretfully will have to vote no.
5177
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Thank you, Mr.
President. On the bill.
I too represent a district in
Queens County that abuts or comes very close
to the power plants. And I'm concerned not
only about the lack of public participation in
those -- the 79.9 threshold, but also the
effect upon the surrounding community, my
constituents.
The pollutants go into the air and
people in my district suffer. They suffer
from an increased rate of respiratory
problems, asthma, hospitalizations, and so on.
And I think this is another aspect of an
overburdened community that we have here in
Queens as a result of the lack of a successful
Article X siting bill.
And while I recognize Senator
Wright's concern and his desire to resolve the
issue, I just don't think we're there. And,
Mr. President, I intend to vote no.
ACTING PRESIDENT MEIER: Senator
Diaz.
5178
SENATOR DIAZ: Thank you, Mr.
President.
It is nice to hear people saying
how much we need to coordinate a plan and to
find solutions for our problem. It is nice to
say that a blackout happens here, happens
there, and that we need to build plants and to
find a solution.
But ladies and gentlemen, I
represent Hunts Point in the Bronx. And I
think my district, my district, the one that I
represent, the 32nd Senatorial District, is
the most affected of anyone here.
We in Hunts Point, we have the
highest asthma rate in the nation. This
administration, this administration built four
power miniplants in my district in Hunts
Point. And how come they did that? Because
they say that the law says that you need
80 megawatts in order for you not to do an
environmental impact study.
So you know what they did in my
district? They said, We're going to build
them 79.9. So we don't even got to do 80
megawatts, only 79.9. But they did one here
5179
and the next one close to that one. Each one,
each one, ladies and gentlemen, each one
79.9 megawatts.
They didn't have to do an
environmental impact study because there were
less than 80 megawatts. But they put one
here, the next one close to that one, and then
some -- this much away, they put another one
and the other one close to this one. So when
you add the both of them, here was about
150 megawatts and the other one, on the other
side, 150 megawatts.
But that's not only the injustice
that was done to my district. That's not the
only injustice. There was 61 sites, ladies
and gentlemen, 61 sites that they studied to
build 11 miniplants. Sixty-one sites. Eleven
of those were to build 11 miniplants.
Seven -- and I want to make sure that you
listen to me. If you don't understand what
I'm saying, I could explain myself a little
better.
Seven of those 11 miniplants were
built in minority communities. Seven of the
11 miniplants were built in minority
5180
communities. That's not the only injustice.
Four of the seven, four of the seven were
built in my district.
And now you tell me that we got to
do something. Then we have in Queens, half a
mile across the river, half a mile from my
district, from Hunts Point, we have the
Polletti plant, Polletti plant. And that
plant has an emission of 8,800 tons of
pollution in a year. 8,800 tons of pollution.
That's equivalent to 4,000 cars falling on top
of my children.
We're talking about injustice? Is
that injustice, is that discrimination, is
that racism? What is that? They want to
build only in the minority communities.
What the state did was circumvent
the law. And now we're going to give more
power to the state, more power to the
administration to get -- because the state
needs power plants, because we have to solve
the problem. The shortage of electrical power
and nuclear power, we have to solve the
problem. So let's build them in the minority
communities. Let's build them in the Bronx.
5181
So what we need, what we really
need, we need environmental justice. You want
to build plants? Build them in your own
neighborhood. Stop bringing them to the
Bronx. Stop bringing them to the minority
communities. And stop using us as guinea
pigs. We're tired of this already.
So what do they do? Now, now we're
going to build more plants, now we're going to
give more authority for people to circumvent
the law and keep building miniplants. And I
bet you that all those miniplants, they're
going to be built again in the South Bronx, in
Hunts Point, in our minority neighborhood.
I'm going to end by saying this,
and I want you to remember this. This
administration, this administration built 11
miniplants, seven of them that were built in
minority communities. And four of them,
ladies and gentlemen, four of the seven were
built in my district. That, that is an
injustice, not to say a discrimination.
Thank you very much.
ACTING PRESIDENT MEIER: Senator
Connor.
5182
SENATOR CONNOR: Thank you, Mr.
President.
You know, for years and years and
years, going home from Albany, going down the
FDR Drive heading downtown, I could always
pick out where my district began in Manhattan
and in Brooklyn, looking across the river. It
was where the big smokestacks were, at 15th
Street and across the river in Green Point.
And I would say to people, My
district begins at those smokestacks heading
south and at these smokestacks heading south.
For whatever reasons, in the past,
large power plants were located along the East
River. Coincidentally, in the good old days,
they weren't the highest-priced pieces of real
estate in New York. But what we've seen more
recently -- and by the way, the refiring of
East River Power and lawsuits have gone on,
and I've been a plaintiff in lawsuits. We've
stopped this one, and that one started up.
Senator Duane has been a plaintiff. We've had
ongoing controversy.
And then we got hit with these
so-called miniplants, the plants that Senator
5183
Diaz just mentioned. Just under the limit.
The loophole plants. The loophole plants.
And why is that threshold there?
Well, the feeling, I suppose, was that 79.9
megawatts, it's not a big deal. But when they
line three our four of them up in a row in the
East River, where you already have other
pollutant power plants, in northern Brooklyn
and just across the border in Queens and
across the river in Manhattan, now you line up
four of them. You line up four of them in the
East River by Williamsburg and Green Point.
Not totally minority communities.
Heavily minority communities with also
working-class ethnic white folks living there.
Not rich people, though. Not rich people.
My district actually last year got
better, not because the miniplants went away
but because thanks to the Majority in this
house, the boundaries changed and they dumped
in -- or they became Senator Lachman's
problem. Because the other plants, as you
went around the coast of Brooklyn, the
miniplants are in Sunset Park, a heavily
Latino area. And the plants along the East
5184
River, on the Manhattan side, what they call
"Loweesidah," the Lower East Side.
And what Senator Diaz says is true.
I would only dispute with him, I'm not sure
his district was the most heavily impacted,
because I thought mine was, at least until
they split it and gave Senator Lachman some of
the plants. So there is a problem here.
Now, look, there's a need for more
energy, more efficient energy, there's a need
to do it in a way that's nonpolluting, there's
a way to do it in a way that we can evaluate.
By the way, if you look at maps,
that whole corridor across northern Staten
Island into Brooklyn, up the East River along
Queens right into the Bronx, off the sound
where the East River and the sound meet, is a
cancer alley, by the way. You look at all the
different statistics on cancer and on lung
diseases, and the epidemiology is incredible,
incredible, in terms of its impact.
Not surprising, though, if you
understand two things -- prevailing winds and
all the things that get put in those areas,
starting in New Jersey, right across northern
5185
Staten Island, right up into the Bronx.
And the sad part is we know this.
We've known it before. We've known that we
have to do something about an Article X bill
for many, many months now. We knew last year
it would expire. We came back here with it
expired.
And after six months in this
Capitol, at 9:00 o'clock on the last night of
session, we get a one-house bill? We get a
one-house bill with a message of necessity
from the Governor? That's the best this
Legislature can do? That's the best the
Governor can do? We get a message of
necessity certifying to the emergency need for
an immediate vote on a one-house bill?
That it took somebody six or seven
months to cobble a one-house bill together? I
can sit down and write one-house bills in five
minutes. But they don't become law, they
don't solve problems, they don't answer the
questions, and they don't meet the health
needs or the energy needs of the people of
New York.
Mr. President, I vote no on this.
5186
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President, on the bill.
My colleagues on this side of the
floor have been so eloquent and no one more
eloquent than, I think, Senator Diaz about
what is wrong with the bill. Because what is
wrong with the bill is that it continues the
process that we've had in place.
And the 79.9 loophole generators
clearly are an outrage and are intended to
continue, under these rules, to allow to be
expanded, particularly in communities of
low-income people and communities of color.
And people have talked about all of
the health impacts and all of the negative
consequences. So I think I will speak about
the reverse side for a minute.
If I was in my district today, I
would have been testifying -- instead, I had a
staff person testifying -- before the Public
Service Commission against the plan to take
away a power plant in my district on the East
Side of Manhattan. Not a poor community, not
5187
a community of color, but a community that has
lived with a power plant since 1900 and was
perfectly prepared to continue to have a power
plant on that site, 9 acres on the East River.
But because someone else determined
that that land was too valuable and it was
more attractive for development -- development
that, by the way, my district doesn't want or
need -- PSC is going to approve Con Edison
selling off that land so that we will not have
a power plant or the space for a power plant
to continue in a community that I would argue
is not overburdened at this point in time with
its fair share of power plants. A community
that is not opposed to having a power plant
continue to be sited there.
But for other interests, for real
estate interests and for the dollar value of
the land, all the concerns that my colleagues
have raised here tonight do not get factored
in. And instead, I am fairly, I suppose,
convinced that the Public Service Commission,
under Article X rules, will give them
permission to close down and no longer have
that site necessary for power.
5188
Your bill is about ensuring we have
sites for power plants. And for all the
arguments that were raised about how power
plants are getting sited in poor communities
and communities of color, there's something
wrong also that we in fact then allow the loss
of a site for power plants in the city of
New York, which desperately needs energy, as
Senator Oppenheimer talked about Westchester
desperately needing alternatives for Indian
Point that we should close now, but we'll have
to close eventually anyway.
So that the process is wrong and
the plan is wrong from both directions. And I
would argue, as Senator Connor did, that
clearly the Governor knows that he is not
giving this house a bill that can possibly be
passed and move forward when he does so at
9:15 on the last night of session. So I will
also be voting no.
But I think that this house needs
to look long and hard about what we really do
in planning for the future of energy and
environmental justice and distribution,
including the fact that if we addressed our
5189
grid concerns and issues beyond the city of
New York, you wouldn't have to have so many
power plants all piled up together in one
small section of land.
Energy can be moved successfully
from place to place if you have invested and
planned in the future to be able to move it
from place to place. So I think energy is an
issue for all of New York State. And right
now what we are doing is we are overburdening
the communities who can least best fight
against the siting of plants in their
communities.
Thank you. I vote no.
ACTING PRESIDENT MEIER: Read the
last section.
Hold on a second. Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President, on the bill. I'd like to close.
And I'd like to point out that I've
heard what the other side of the aisle has
said. I recognize those issues. And I would
point out that many of those issues are
exactly what I have been talking about in my
opening comments. They are broader energy
5190
policy issues than they are siting issues.
And that is what has bogged down
the establishment of a siting process and the
continuation of Article X. Any energy-related
issue has become an issue relative to siting.
That's not what the process
entails. That's not what Article X entails.
The closure of a plant is not subject to
Article X. It's subject to a PSC proceeding.
The closure of a nuclear facility, a nuclear
response capabilities, are not part of Article
X. Those are separate issues.
Alternative energies, renewable
energies, we've passed bills here today with
your support that pursue those energy policies
that have nothing to do with Article X.
The whole issue of the, quote,
loophole -- 80 megawatts is a threshold. It
does not mean you can go out and build any
facility you want under any megawatts anyplace
you want anywhere you want anytime you want.
What it means is you have to use a
different process. That process is called the
SEQR process. That process is an
environmental protection law used in this
5191
state, throughout this state, on a daily
basis. That process includes hearings. That
process was utilized.
Now, I'm not going to defend the
outcome of that process, because that's not
what this is about. But let me point out that
by making that an aspect of this siting, it
has resulted in no siting bill. And the
ultimate irony is in the absence of a siting
bill, the SEQR process now applies to
everything, above 80 as well as below 80. So
if you felt disenfranchised under the old
process, it has only been compounded by this
current situation.
The issue of Polletti is a perfect
example of why you see new facilities being
advocated. So that there is a significant
reduction of emissions, so that we do make the
positive investments that need to be made.
And it not only needs to be done there, it
needs to be done throughout the metropolitan
area. And only by having a siting bill that
will address those issues will that happen.
We do understand that. We are
trying to reach agreement on that. We are
5192
committed to focusing on that and to
generating new capacity in this state. But we
want to do it within a process called siting
and focusing on that as opposed to it being
the catchall for every disenfranchised issue
within the energy arena.
So we are committed to moving
forward on siting. I think you've seen this
bill make progress. The expiration only
occurred six months ago. And fortunately or
unfortunately, the energy industry has not
been making decisions, because the financial
wherewithal has not been there. So we are in
a position that we can still address this
issue, we can still move forward.
And I remain committed, as I
believe others do, to achieving a successful
resolution. And among those others I include
the Governor, who I think is very sincere
about trying to move this process forward but
also trying to stay focused on what we're
doing.
Madam President, I appreciate the
opportunity. I vote aye on the bill.
ACTING PRESIDENT McGEE: Read the
5193
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
SENATOR DIAZ: I want to explain
my vote.
ACTING PRESIDENT McGEE: Senator
Diaz, to explain his vote.
SENATOR DIAZ: Yes, thank you,
Madam President.
I just want to make clear again, to
repeat again, that for new siting, 61 sites
were looked at to build 11 miniplants. Out of
those 11 miniplants, seven were built in
minority communities and four of them were
built in the Bronx. The Polletti plant in
Queens is only half a mile across from the
four plants that were built in my district.
That's an injustice.
I think that we are here today --
and I know, and I know, Madam President, I
know in the six months that I have been here,
I know that when a bill comes from the
5194
Majority to the floor, and I am in the
Minority, I know that sometimes -- all the
time, to speak against it, to talk against the
bill is an exercise in futility.
Nonetheless, nonetheless I would
like to say that it's an injustice what has
been done to my community, it's an injustice
what we're trying to do, and it was an
injustice what this administration did to
build four miniplants in my district.
I'm voting with all my heart, with
all my chest, proudly voting no against this
bill.
ACTING PRESIDENT McGEE: Senator
Diaz will be recorded in the negative.
Senator Onorato.
SENATOR ONORATO: To explain my
vote, Madam President.
Madam President, I've heard a lot
of the comments from my colleagues regarding
the issue, and it is a very, very serious
issue, especially for the metropolitan
community. But we all are in recognition of
the fact that we do need added power to
service the many needs of the community.
5195
But they always keep losing sight
of the fact that while they're building these
new plants by getting into the loopholes with
the 79.9, they are still adding more pollution
to the already oversaturated areas in the
metropolitan area.
And nowhere does it state here in
the siting bill that before you can site a new
plant in a given area, that if there are
existing plants that have been grandfathered
in to allow all kinds of pollution to come in,
that they must upgrade their products.
I will continue to vote no on these
siting bills until those drastic measures are
addressed.
ACTING PRESIDENT McGEE: Senator
Onorato, in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1633 are
Senators Andrews, Breslin, Brown, Connor,
Diaz, Dilán, Duane, Gonzalez,
Hassell-Thompson, L. Krueger, Lachman,
LaValle, Montgomery, Onorato, Oppenheimer,
Padavan, Parker, Paterson, Sabini, Saland,
5196
Sampson, Schneiderman, M. Smith, Stachowski,
and Stavisky. Ayes, 36. Nays, 25.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Flanagan.
SENATOR FLANAGAN: Madam
President, could we go to the Supplemental
Active List Number 3, the noncontroversial
reading, please.
ACTING PRESIDENT McGEE: The
Secretary will read Supplemental Number 3,
beginning with Calendar Number 733.
THE SECRETARY: Calendar Number
733, by Senator Farley, Senate Print 3871A, an
act to amend the Banking Law.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Is there a
message of necessity at the desk, Madam
President?
ACTING PRESIDENT McGEE: The
message of necessity is at the desk.
SENATOR FLANAGAN: Move to accept
that message, please.
ACTING PRESIDENT McGEE: The
5197
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message of necessity is accepted.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
770, substituted earlier today by Member of
the Assembly McLaughlin, Assembly Print Number
6954, an act to amend the Real Property Tax
Law.
ACTING PRESIDENT McGEE: Read the
last section.
5198
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
968, by Senator LaValle, Senate Print 1664C,
an act to amend the Town Law.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: Senator
Bonacic, to explain his vote.
SENATOR BONACIC: Thank you,
Madam President.
You know, I serve as chairman of
5199
Senate Housing. And what is happening in
Suffolk is a goal of open space. What the
towns in Orange County are doing, and Ulster
County, which is in my Senate district, they
are pointing to Suffolk County as an example
of what our counties can do to preserve open
space.
I have opposed the transfer tax in
Orange County. I think the tax is regressive,
it's exclusionary, it is a detriment to
affordable housing, and it's an obstacle to
the American dream. And for those reasons, I
vote in the negative.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Bonacic will be recorded in the negative.
Announce the results.
THE SECRETARY: In relation to
Calendar Number 968: Ayes, 60, nays, 1.
Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1343, by Senator Morahan, Senate Print 5489A,
an act to amend Chapter 621 of the Laws of
5200
1999.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, is there a message of necessity at
the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR FLANAGAN: Move to accept
that message, please.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor 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.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5201
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Flanagan, that completes
the reading of the noncontroversial calendar,
Supplemental Number 3.
SENATOR FLANAGAN: Madam
President, if we can return to the order of
motions and resolutions and take up the
substitutions, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 10,
Senator LaValle moves to discharge, from the
Committee on Rules, Assembly Bill Number 4421A
and substitute it for the identical Senate
Bill Number 2027A, Third Reading Calendar 251.
And on page 29, Senator Spano moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8264 and substitute it
for the identical Senate Bill Number 3607,
Third Reading Calendar 826.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Flanagan.
5202
SENATOR FLANAGAN: Madam
President, if we could stand at ease
temporarily, please.
ACTING PRESIDENT McGEE: The
Senate will stand at ease temporarily.
(Whereupon, the Senate stood at
ease at 9:30 p.m.)
(Whereupon, the Senate reconvened
at 10:00 p.m.)
SENATOR FLANAGAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: 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.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1583.
ACTING PRESIDENT McGEE: Without
5203
objection.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar Number
968.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, I'd like to be recorded in the
negative on Calendar 1633.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MORAHAN: Thank you.
ACTING PRESIDENT McGEE: Thank
you.
Senator Flanagan.
SENATOR FLANAGAN: Madam
President, please recognize Senator Larkin.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Madam President,
earlier today when many committees were going
on, we passed the calendar for resolutions.
5204
There was a Number 2399 which was designating,
in conjunction with the federal government,
for August 7th to be Purple Heart Day in
America.
And I would like to see us open
that up, because as you know, that everybody
that helped us should be part of the end of
the program.
ACTING PRESIDENT McGEE: Please
be advised the resolution is open for
sponsorship by everyone. And as is our
general custom, if you don't wish to be on the
resolution, please notify the desk.
Senator Johnson.
SENATOR JOHNSON: Madam
President, without objection, I'd like to be
recorded in the negative on Bill Number 1618.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR JOHNSON: Thank you.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, I'd like to have unanimous consent
to be recorded in the negative on Calendar
5205
Number 1633.
ACTING PRESIDENT McGEE: 1633?
SENATOR BALBONI: Yes.
ACTING PRESIDENT McGEE: Thank
you, Senator Balboni. Without objection.
Senator Flanagan.
SENATOR FLANAGAN: If we could
return to the reports of standing committees,
I believe there's a Rules Committee report at
the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 316B, by Senator
Nozzolio, an act to amend the Education Law;
1238, by Senator Breslin, an act to
amend the Retirement and Social Security Law;
1309, by Senator Brown, an act to
amend the Vehicle and Traffic Law;
1663B, by Senator LaValle, an act
authorizing;
3124A, by Senator Libous, an act to
amend the County Law;
5206
3748A, by Senator Seward, an act to
amend the Vehicle and Traffic Law;
3762A, by Senator Balboni, an act
to amend the Education Law;
4238, by Senator Little, an act to
amend the Environmental Conservation Law;
4511, by Senator Rath, an act to
amend the General Business Law;
4590A, by Senator Libous, an act to
amend the Tax Law;
4808, by Senator Hannon, an act to
amend the Public Health Law;
5172, by Senator Bonacic, an act to
amend the Agriculture and Markets Law;
5220A, by Senator Seward, an act to
amend the Insurance Law;
5503A, by Senator Maziarz, an act
to amend the Real Property Tax Law;
5538, by Senator Libous, an act to
amend the Alcoholic Beverage Control Law;
5648, by the Senate Committee on
Rules, an act to amend the General City Law;
5658, by the Senate Committee on
Rules, an act to amend;
5671, by Senator Hannon, an act to
5207
amend the Public Health Law;
5686, by Senator Morahan, an act to
amend the Election Law;
And Senate Print 5687, by Senator
Morahan, an act to appropriate.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, I move to accept the report of the
Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the Rules Committee
report. All in favor will signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report of the Rules Committee is accepted.
Senator Flanagan.
SENATOR FLANAGAN: Madam
President, if we could stand at ease, please.
5208
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 10:10 p.m.)
(Whereupon, the Senate reconvened
at 10:17 p.m.)
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, if we could please go to
Supplemental Calendar Number 60D and have the
noncontroversial reading.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1637, by Senator Nozzolio, Senate Print 316B,
an act to amend the Education 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, 60. Nays,
5209
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1638, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2731 and substitute it
for the identical Senate Bill Number 1238,
Third Reading Calendar 1638.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1638, by Member of the Assembly McEneny,
Assembly Print Number 2731, 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, 61.
5210
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1639, by Senator Brown, Senate Print 1309, an
act to amend the Vehicle and Traffic 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 January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1640, by Senator LaValle, Senate Print 1663B,
an act authorizing Giustina R. Lombardi.
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
5211
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1641, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6968B and substitute it
for the identical Senate Bill Number 3124A,
Third Reading Calendar 1641.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1641, by Member of the Assembly Finch,
Assembly Print Number 6968B, 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.)
5212
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1642, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6941A and substitute it
for the identical Senate Bill Number 3748A,
Third Reading Calendar 1642.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1642, by Member of the Assembly Sweeney,
Assembly Print Number 6941A, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5213
is passed.
THE SECRETARY: Calendar Number
1643, by Senator Balboni, Senate Print 3762A,
an act to amend the Education Law.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1644, by Senator Little, Senate Print 4238, 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1645, by Senator Rath, Senate Print 4511, an
act to amend the General Business Law.
5214
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1646, by Senator Libous, Senate Print 4590A,
an act to amend the Tax Law, in relation to
extending.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5215
THE SECRETARY: In relation to
Calendar Number 1647, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7855 and substitute it
for the identical Senate Bill Number 4808,
Third Reading Calendar 1647.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1647, by the Assembly Committee on Rules,
Assembly Print Number 7855, 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1648, by Senator Bonacic, Senate Print 5172,
5216
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 immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1649, by Senator Seward, Senate Print 5220A,
an act to amend the Insurance 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5217
THE SECRETARY: Calendar Number
1650, by Senator Maziarz, Senate Print 5503A,
an act to amend the Real Property Tax Law.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, is there a message of necessity at
the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR FLANAGAN: Move to accept
that message, please.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5218
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1651, by Senator Libous, Senate Print 5538, an
act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1652, by the Senate Committee on Rules, Senate
Print Number 5648, an act to amend the General
City Law --
SENATOR FLANAGAN: Lay that bill
aside, please.
5219
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1653, by the Senate Committee on Rules, Senate
Print Number 5658, an act to amend Chapter 83
of the Laws of 2002.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is.
SENATOR FLANAGAN: Move to accept
that message, please.
ACTING PRESIDENT McGEE: The
motion is made to accept the message of
necessity. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
5220
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1655, by Senator Morahan, Senate Print 5686,
an act to amend the Election Law.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR FLANAGAN: Move to accept
that message.
ACTING PRESIDENT McGEE: The
motion is made to accept the message of
necessity. All in favor will say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
5221
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1656, by Senator Morahan, Senate Print 5687,
an act to appropriate.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR FLANAGAN: Move to accept
that message, please.
ACTING PRESIDENT McGEE: The
5222
motion is made to accept the message of
necessity. All in favor 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.
THE SECRETARY: Section 2. This
act shall take effect --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Flanagan, that completes
the noncontroversial reading of the calendar.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to change my vote on 1637 from no to yes.
ACTING PRESIDENT McGEE: Without
objection.
Senator Flanagan.
5223
SENATOR FLANAGAN: Madam
President, can we move to the controversial
reading of Calendar 60D, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1643, by Senator Balboni, Senate Print 3762A,
an act to amend the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR STAVISKY: Explanation.
ACTING PRESIDENT McGEE: Senator
Balboni, an explanation has been requested.
SENATOR BALBONI: Thank you,
Madam President.
This bill would establish the
professional licensing requirements for
professional and technical personnel who
perform clinical testing in clinical
laboratories.
This bill is before us this evening
for two reasons. The first is that the
Association of Public Health Laboratories, in
a recent conference in Atlanta, Georgia, at
the Center for Disease Control, announced that
5224
they have done a national survey of
laboratories in conjunction with an assessment
for the laboratories' capability to respond to
for bio- and chemical terrorism events.
They have found a majority of
laboratories in the United States unfit and
unprepared to be able to perform the necessary
tests so as to provide accurate, concise, and
rapid information in the event of a bio- or
chemical attack.
In addition to which, in recent
years medicine has changed. Seventy to
75 percent of all diagnoses of our
constituents come from the basis or based upon
clinical laboratory tests.
This bill before us would provide
the necessary standards that are commensurate
with a national basis of standards for
clinical labs within New York State.
There are three new professional
license categories. They are the clinical
laboratory technologist, clinical laboratory
technician, and cytotechnologist.
This bill has a grandfather clause
for the workers who currently work within the
5225
laboratory structure.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: On the bill,
Madam President.
ACTING PRESIDENT McGEE: Senator
Stavisky, on the bill.
SENATOR STAVISKY: My curiosity
was --
SENATOR ONORATO: Aroused.
SENATOR STAVISKY: I'm not using
that word.
My curiosity became -- well, the
reason I asked that the bill be laid aside was
I noticed the bill was introduced on April 1,
2003. And at 10:30 at night -- I've only
gotten to page 3, and I'm not a slow reader --
I would have hoped that we would have enough
time to at least study the bill, perhaps have
a bill memo or any of the, you know, little
things that help us to study the issue.
However, I accept Senator Balboni's
national security need for this bill, and my
objection is withdrawn. But I hope -- I
5226
suspect that this will be a one-house bill,
and hopefully we'll have a little time to
study it next year.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect September 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1652, by the Senate Committee on Rules, Senate
Print 5648, an act to amend the General City
Law and the Administrative Code of the City of
New York.
SENATOR FLANAGAN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1655, by Senator Morahan, Senate Print 5686,
an act to amend the Election Law.
SENATOR SABINI: Explanation.
5227
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR FLANAGAN: Madam
President, please lay that bill aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
SENATOR FLANAGAN: And Calendar
1656, please.
ACTING PRESIDENT McGEE: Calendar
Number 1656 has also been laid aside.
Senator Flanagan, that completes
the controversial reading of the calendar.
SENATOR FLANAGAN: Madam
President, could we please stand at ease
temporarily.
ACTING PRESIDENT McGEE: The
Senate will stand at ease temporarily.
(Whereupon, the Senate stood at
ease at 10:31 p.m.)
(Whereupon, the Senate reconvened
at 11:29 p.m.)
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, there will be an immediate
5228
conference of the Minority in the Minority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate conference of the Minority in the
Minority Conference Room.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for 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.
Senator Bruno.
SENATOR BRUNO: And the Senate
will stand at ease for another minute or two.
ACTING PRESIDENT McGEE: The
Senate will stand at ease for another minute
or two.
SENATOR BRUNO: Thank you.
(Whereupon, the Senate stood at
ease at 11:30 p.m.)
(Whereupon, the Senate reconvened
at 11:52 p.m.)
ACTING PRESIDENT McGEE: Senator
5229
Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to reports of
standing committees.
I believe there's a report of the
Rules Committee at the desk. I would ask that
it be read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 4024A, by Senator
Velella, an act to amend the Vehicle and
Traffic Law;
5689, by the Senate Committee on
Rules, an act to amend Chapter 53 of the Laws
of 2003;
5692, by the Senate Committee on
Rules, an act to amend the County Law and the
Public Authorities Law;
And Senate Print 5693, by the
Senate Committee on Rules, an act to amend the
Local Emergency Housing Rent Control Act.
All bills ordered direct to third
5230
reading.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: I would move to
accept the report of Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the Rules report will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
Rules report is accepted.
Senator Bruno.
SENATOR BRUNO: Can we at this
time have the reading of the noncontroversial
calendar -- what number is it? -- 60E.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1632, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7432A and substitute it
for the identical Senate Bill Number 4024A,
5231
Third Reading Calendar 1632.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1632, by Member of the Assembly Paulin,
Assembly Print Number 7432A, an act to amend
the Vehicle and Traffic 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 on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1657, by the Senate Committee on Rules, Senate
Print Number 5689, an act to amend Chapter 53
of the Laws of 2003.
ACTING PRESIDENT McGEE: Senator
Bruno.
5232
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1658, by the Senate Committee on Rules, Senate
Print Number 5692, an act to amend the County
Law and the Public Authorities Law.
ACTING PRESIDENT McGEE: Senator
5233
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor 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.
THE SECRETARY: Section 3. This
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1659, by the Senate Committee on Rules, Senate
5234
Print Number 5693, an act to amend the Local
Emergency Housing Rent Control Act.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Bruno.
5235
SENATOR BRUNO: Can we have the
controversial reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1657, by the Senate Committee on Rules, Senate
Print Number 5689, an act to amend Chapter 53
of the Laws of 2003.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: This bill is a
bill which appropriates money in the budget.
It amends the chapter laws which we've adopted
for the budget -- Chapter Law 55, 50, 54,
53 -- and changes some of the numbers around a
bit.
It doesn't make a large difference.
It covers the same things which the budget
covered when it passed originally in those
chapters.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
5236
President, through you, if the sponsor would
yield for a question.
ACTING PRESIDENT McGEE: Senator
Johnson, will you yield?
SENATOR JOHNSON: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
Is this bill a bill on which we've
reached agreement with the Assembly?
SENATOR JOHNSON: Yes, it is.
SENATOR SCHNEIDERMAN: This is
now a two-house bill going in the Assembly?
SENATOR JOHNSON: Well, it will
be a three-house. Isn't that right?
Oh, I'm sorry. Apparently it's not
agreed on.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
5237
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1658, by the Senate Committee on Rules, Senate
Print Number 5692, an act to amend the County
Law and the Public Authorities Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: This, Madam
President, is essentially a bill which has the
language implementing the budget bill which
that just been passed. It's called the
Article 7 bill. It's a fiscal plan for the
2003-2004 year, and it allocates the money, as
I said, which is in the budget bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
5238
for a question.
ACTING PRESIDENT McGEE: Senator
Johnson, will you yield for a question?
SENATOR JOHNSON: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: Is this
bill agreed upon with the Assembly?
SENATOR JOHNSON: It is not.
SENATOR SCHNEIDERMAN: 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1659, by the Senate Committee on Rules, Senate
Print Number 5693, an act to amend the Local
5239
Emergency Housing Rent Control Act.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Bonacic, an explanation has been requested.
SENATOR BONACIC: Thank you,
Madam President.
This is a Governor's program bill
that addresses rent control. And it extends
it eight years. It does not affect the life
of any tenant or landlord. There are no
changes to the existing rent control law. It
would run from today to June 15, 2011.
There are three technical
clarifications, and I will quickly explain
them to you.
The first is the Urstadt Law that
is reconfirmed and clarified, which will
continue to give the state sole jurisdiction
over housing and rent in the state of
New York, including New York City.
The second and third amendments
deal with the code, the code being DHCR, that
we are now putting in statute. And if I can
give you an example of the two changes.
5240
If a unit was vacant and was
deregulated at $2,000 a month, if that
landlord wanted to voluntarily reduce the rent
because the market, in order to fill it, was
lower, and charge $1,500 a month with that
tenant, well, when that lease got renewed
again, that landlord could then kick the rent
up to $2,000 a month. And it's still a
deregulated unit even though it fell below
$2,000.
And last but not least, the other
amendment, again, they call it the legal rate.
But if the landlord wants to lower it --
again, called the preferential rate -- lower
than the legal rate, when they again want to
renew, they can kick it up to the legal rate
without going through the Rent Stabilization
Board, applying for higher rents.
That is a practice that is existing
now on all three things that I've explained.
And there are no changes other than to go into
statute what was in code and reaffirm the
Urstadt Law that's been in existence since
1971.
I believe that it gives landlords
5241
and tenants stability and protection for the
next eight years.
This bill has not been agreed upon
with the Assembly. It's been agreed upon with
the Governor, the Senate. And -- but we
think -- there is a bill that the Assembly has
passed for a four-year extension. We are
making it -- our proposal is an eight-year
extension.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President, if the sponsor would yield
for some questions.
ACTING PRESIDENT McGEE: Senator
Bonacic, will you yield?
SENATOR BONACIC: Absolutely.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: The --
this piece of legislation at the bottom of
page 2, the paragraph that starts at the
bottom of page 2, is the provision that's
currently in effect restricting local
governments from providing for their own rent
5242
regulations. We are now adding a paragraph,
it's the first full paragraph at the top of
page 3, that provides further restrictions to
what has become known as the Urstadt Law.
I'd request that the sponsor
explain what further restrictions are provided
by this new paragraph such as to make it
necessary as an amendment to the current
Urstadt Law.
SENATOR BONACIC: First of all,
why we are reaffirming the Urstadt Law is
there was a judicial decision in 2002 called
the Missionary Sisters vs. the DHCR. And
there were questions raised as to whether or
not it diluted the Urstadt Law.
We want to make it clear that we
want the Urstadt Law to apply. We're giving
legislative intent that we intend to retain
jurisdiction over housing and rent. And
basically, whatever interpretations you may
get out of the case Missionary Sisters vs.
DHCR, we are saying legislative intent, we're
controlling it, we're controlling the rents,
we're controlling housing decisions for the
State of New York, including New York City.
5243
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, will you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SCHNEIDERMAN: Well, in
the Urstadt Law, again, the paragraph that
starts at the bottom of page 2 of your bill
provides that no local law or ordinance shall
hereafter provide --
SENATOR BONACIC: Excuse me.
Excuse me. Can you just recite the number on
page 2, what line?
SENATOR SCHNEIDERMAN: Line 50.
SENATOR BONACIC: Okay, thank
you.
SENATOR SCHNEIDERMAN: "No local
law or ordinance shall hereafter provide for
the regulation and control of residential
rents and eviction in respect of any housing
accommodations." And then refers to the rent
control system.
5244
The new paragraph states that --
and we're on page 3, now line 7, "A city
having a population of 1 million or more shall
not, either through laws or ordinance with
respect to the regulation and control of
residential rents and evictions, including but
not limited to the provision for the
establishment or adjustment of rents, the
classification of housing accommodations, the
regulations of evictions and the enforcement
of such local laws or ordinances or otherwise
adopt laws or ordinances pursuant to the
provisions of this act."
That language is actually quite
different than the language in the Urstadt Law
at the bottom of page 2. For example, this
would appear to prohibit a city from enacting
laws that I've actually used providing special
provisions to evict drug dealers or padlock
laws that shut down illegal activities.
SENATOR BONACIC: The city still
retains jurisdiction over public and safety
issues. We're not changing that. That
supersedes the rent control laws.
The city has those inherent powers
5245
because they have jurisdiction over health and
safety, which is paramount. And they can
always go in under that power and supersede
the rent regulation laws.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, if
the sponsor would continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: Thank you.
I'm not referring to public safety
laws.
By expanding the Urstadt Law to
refer not just to the regulation and control
of rents and evictions but to the regulation
and control of residential rents and
evictions -- including the classification of
housing accommodations, the regulation of
evictions, and the enforcement of such local
laws or ordinances or otherwise adopt laws or
ordinances pursuant to the provision of this
act -- that appears to me that it would
5246
prohibit the local government of the City of
New York from having an emergency eviction
procedure statute such as the city has.
It's not a public safety law, it's
an eviction law providing for different
methods to evict premises in which there has
been criminal activity. It's not a part of
the criminal law, it is a part of the
landlord/tenant law.
Why would that not be prohibited
under this?
SENATOR BONACIC: No. The way I
read this section, the city still retains its
emergency powers, as well as powers over
public health and safety. That does not
change. Whatever powers the city had before,
they continue to have. They're not diluted,
they're not enhanced. It's exactly the same.
That's the intent of the
legislation.
SENATOR SCHNEIDERMAN: Thank you.
I know some of the my colleagues have
questions on that.
I'd like to move to the provision
on page 4, line 34, which has been referred to
5247
as the preferential rent provision.
There are two separate portions of
this new language. I understand that -- let's
start with the second part, which starts at
line 40: "Where subsequent to vacancy such
legal regulated rent is adjusted by the most
recent applicable guidelines, increases, and
any other increases authorized by law is
$2,000 or more per month, such housing
accommodation shall be excluded from the
provisions of this act pursuant to paragraph
13 of subdivision A of Section 5 of this act."
Doesn't that provision take out the
current requirements in law that there are
income requirements for a tenant as well as a
$2,000 rent requirement before a unit will be
decontrolled?
SENATOR BONACIC: Okay. As I
explained before, the rules that exist now are
still the same. If a tenant earns $200,000
per year for two consecutive years and the
rent reaches $2,000 a month, it becomes
deregulated. That doesn't change. Where the
unit is vacant and it hits $2,000 a month,
it's deregulated. It doesn't change.
5248
The preferential rent and the
discussions under this bill apply where the
landlord elects to lower the rent, because
that's what the market value is, in order to
fill the unit.
We don't -- we're sending a message
or -- and we're clarifying, we're not changing
the implementation that he can charge the
lower rent but when there's a renewal, he can
go back up to the $2,000 a month rental.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, if
the sponsor would continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR BONACIC: And I will
continue to yield to all your questions so we
can go back and forth.
SENATOR SCHNEIDERMAN: Okay.
Thank you very much. I appreciate the
courtesy of the respondent, if not the
sponsor.
5249
The sentence before that, which is
what you were referring to, I believe,
starting at line 34 of page 4, states that
"Where the amount of rent charged is less than
the legal regulated rent for the housing
accommodation, the amount of rent for such
accommodation which may be charged upon
renewal or upon vacancy may, at the option of
the owner, be based upon such previously
established legal regulated rent as adjusted."
The statement that the rent upon
vacancy may, at the option of the owner, be --
go back to the legally regulated ceiling
preexisting, does that not indicate that the
owner has the option to charge more? It
simply states that at the option of the owner,
he can charge the preexisting legally
regulated rent, but he has the option not to.
Where is the language that
indicates in any way that the owner can only
opt for the legal limit or less? Where is the
language that indicates that the option
provided here does not mean that the owner can
charge more?
SENATOR BONACIC: Okay. I want
5250
to make sure I understand your question. And
let's do it by an example so we can relate to
it.
It's a deregulated unit at $2,000 a
month. The landlord charges a preferential
rate of $1,500 a month. Okay? The legal rate
is $2,000. Now, are you saying that when the
lease has to be renewed why can't the landlord
charge 2,200 or 1,800? Is that your question?
SENATOR SCHNEIDERMAN: Well --
SENATOR BONACIC: In the example
that I gave.
SENATOR SCHNEIDERMAN: No, not
really. Because -- and this may be
inadvertent, but when the rent is $2,000, we
know from the next sentence that that unit
would be out of the system anyway. If the
landlord --
SENATOR BONACIC: If it's out of
the system, he could do what he wants with it.
SENATOR SCHNEIDERMAN: So the
example I'm thinking of is where the legal
limit is $700. The landlord is charging $600.
What this sentence says is that on renewal or
vacancy of this apartment, upon renewal or
5251
vacancy thereof, the rent may, at the option
of the owner, be based upon such previously
established legal regulated rent as adjusted
by the most recent applicable guidelines,
increases, and other increases authorized by
law.
My question is this. The rent was
$600, the landlord was allowed to go up to
$700. This gives the landlord the option,
upon renewal or vacancy, to go back to the
previously established rent. What language
indicates that that option would not enable
the landlord to go higher?
It says that the landlord now has
an option to go to the legally established
rent preexisting the vacancy or renewal.
Where's the language saying he can't go
higher?
SENATOR BONACIC: Is your
question dealing with a regulated or
deregulated unit?
SENATOR SCHNEIDERMAN: Regulated.
This sentence has no -- this has no
language in it about any particular amount of
money. This is about regulated units.
5252
There's no language that I see here, and I'm
trying to find out if it's somewhere else in
the bill, that says that the option -- that
we're giving the landlord in this provision an
option which has never existed before in this
state, is limited to the option to go to the
legal limit preexisting or lower.
I don't see any language here which
say this option does not mean that the
landlord can opt out. He's got an option, he
can go to the legally regulated rent or not.
Where's the provision that stops him from
going higher? Where's the provision that
stops him from going to $800 or $900? If the
language is here, I just don't find it.
SENATOR BONACIC: Okay. Let's go
over the language together. We're on page 4,
and you're talking of line 34 through 45. Am
I correct?
SENATOR SCHNEIDERMAN: That's
correct. We're actually just talking about
the first sentence, 34 through 40, because the
other part relates to the $2,000 apartments
which we discussed earlier. I'm just focusing
on the one sentence between lines 34 and 40.
5253
SENATOR BONACIC: Okay. It says
that where the amount of rent charged -- paid
by the tenant is less than the legal regulated
rent. In your example, 700 is the legal rate;
the preferential rate is 600. Correct so far,
in your example?
SENATOR SCHNEIDERMAN: That's
fine.
SENATOR BONACIC: Okay. The
amount of rent for such housing accommodation,
which may be charged upon renewal -- now the
lease is coming up -- or upon vacancy, at the
option of the owner, be adjusted upon the
previously established legal rate. That's the
$700, right so far?
SENATOR SCHNEIDERMAN: At the
option of the owner, gotcha.
SENATOR BONACIC: He can charge
the $700, as adjusted by the most recent
applicable guidelines, increases, or other
increases authorized by law.
Now, there, I believe, he would --
you're saying if he wanted to go to $750 or
$650? Is that what you're raising?
SENATOR SCHNEIDERMAN: What I'm
5254
raising is this says that it is the option of
the landlord whether or not he wants to go
back to the previously established legal rent.
It's an option. Where's the language that
says he can't go higher?
SENATOR BONACIC: The ceiling is
always the legal rate of $700. But he could
go to $675.
SENATOR SCHNEIDERMAN: Where does
it say that?
Through you, Madam President. I'm
sorry to be excluding you. Senator Bonacic is
being extremely courteous.
Where does it say he can't go to
$800? It gives him an option to use the
previously established guideline. It doesn't
say his other option is lower. Where's the
language in the bill that says, that
guarantees for tenants that under this
provision the landlord couldn't come back at
$800 or $900 or $1,000?
SENATOR BONACIC: There's nothing
in this language that you referred to that
gives the landlord the authority to go over
the previous legal rent rate. In our example,
5255
he can only go as high as $700.
SENATOR SCHNEIDERMAN: But
where -- I'm sorry, please point me to some
words that say that, that say this -- it says
an option, the landlord has an option. It
doesn't say that his only option is the
legally established rent or lower. Where does
it say that?
SENATOR BONACIC: I think the
confusion is in your use of "an option." And
we're saying that the option, in our example,
the landlord has the option of going somewhere
between 600 and the legal rate.
It can only be lower than the legal
rate or the legal rate. That's the option as
provided by law. That's what the law is now.
I mean, that's what the code is now.
SENATOR SCHNEIDERMAN: Thank you.
Once again, can you please point me
to the provision anywhere in this statute that
supersedes this provision? Because this
provision is a freestanding provision
conveying a new option to landlords, providing
a new option to landlords not hitherto
existing in the law.
5256
Where else in the law does it say
that this provision is superseded and that the
legal limit is the maximum? I'm sorry, I just
can't find it anywhere in this law -- in this
section or any other section.
SENATOR BONACIC: And I will
answer you that it's our intent that the
language that I'm going to read to you is the
ceiling of which the landlord is bound by and
can never go higher than the legal rate.
Okay?
I'm going to read the part. And it
will be up to lawyers to say -- you want it
more clear, you want another provision that
says in no event can the landlord go above the
legal rate. But we think we've covered it
here. And I'm going to read it to you.
"Upon renewal" -- again, I'm on
page 37 -- "upon renewal or upon vacancy may,
at the option of the owner, be based upon such
previously established legal regulated rent."
Period. He can't go higher, because it says
that's the highest he can go. All right?
That's how we read it. That's how it was
prepared. That's the intent.
5257
Nowhere does it say the landlord
has the option to go above the previous legal
rent.
ACTING PRESIDENT McGEE:
Gentlemen, there's been some leniency here. I
wish you would work through the chair.
SENATOR SCHNEIDERMAN: Thank you.
Thank you, Madam President. I appreciate
Senator Bonacic's courtesy.
I don't -- unfortunately, I think
that the concession that this would be up to
lawyers to decide is precisely what we're
worried about. There is nothing here that
states in any way, shape, or form that this
option -- the option -- it's upon renewal or
vacancy at the option of the owner, the rent
may be based on the previously established
regulated rent.
It doesn't say "or it has to be
lower." There's no other provision that
supersedes this and imposes that requirement.
I'm afraid this is something that is a time
bomb for a tremendous number of tenants.
But let me ask another question.
The current provision, the code provision on
5258
preferential rents, only provides that upon
vacancy of the tenant who pays a preferential
rate the legal regulated rent shall be the
legally regulated rent previously established.
Now, in that code section it
doesn't say the landlord has an option to use
the previously established rent. It states
"upon vacancy of the tenant who pays a
preferential rent, the legal regulated rent
shall be the legal regulated rent previously
established by record within four years prior
thereto," plus all intervening guidelines.
So if I were a lawyer representing
a landlord going into court, I would say:
Your Honor, this language is not -- repeat,
reiterate -- the statement that the rent shall
be the legal regulated rent, it says the
landlord has an option to base the rent on
such previously established legal regulated
rent.
Could the sponsor or respondent or
guy who's being put out here please try and
help me clarify that issue? Because there's a
dramatic difference between the current
language and the language in this section.
5259
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
The option is always the legal rate
or lower. It's never higher.
And we jumped to the next question.
But when I read that section to you, it says
"authorized by law." The landlords cannot now
in New York City charge above the legal rate.
And the only way they can go higher is when
they go through the Rent Stabilization Board
and get increases. That's what the law is now
in the city.
So that is your protection of why
the landlord can't charge higher than the
legal rate when we use the word "option."
SENATOR SCHNEIDERMAN: I'm sorry,
what line was that on?
SENATOR BONACIC: That was
page -- again, I'm on page 4 and I'm on lines
39 and 40, continuing --
SENATOR SCHNEIDERMAN: Where it
says that upon renewal or upon -- through you
Madam President, if I may continue.
5260
ACTING PRESIDENT McGEE: Thank
you. Thank you, Senator Schneiderman.
SENATOR SCHNEIDERMAN: "Upon
renewal or upon vacancy the rent may, at the
option of the owner, be based upon such
previously established legal regulated rent as
adjusted by the most recent applicable
guidelines, increases, and other increases
authorized by law." Is that what we're
referring to?
SENATOR BONACIC: Well, what I'm
saying is the units that are authorized by
law, you can't go above the legal rate. Isn't
there a process in place? You have to go
through the Rent Stabilization Board, make
your expenditures known, to justify a rate
increase, to bump up the legal rate.
SENATOR SCHNEIDERMAN: Through
you, Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman, yes.
SENATOR SCHNEIDERMAN: Why, if
that is true --
ACTING PRESIDENT McGEE: Are you
asking Senator Bonacic to yield again?
5261
SENATOR SCHNEIDERMAN: Yes, if he
would continue to yield.
SENATOR BONACIC: And I do.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you yield?
SENATOR BONACIC: I do.
SENATOR SCHNEIDERMAN: Thank you.
I'm not going to spend much more
time on this. But the question really is why,
if that is the intent, are we putting in the
language of this critical law for millions of
people for the first time ever a concept that
it is at the option of the owner to go back to
the previously established legal rent, when
the existing statute states "upon vacancy of
the tenant, the legal regulated rent shall be
the legal regulated rent?" No language of
option.
Why are we putting in the language
of the option?
SENATOR BONACIC: I can see
obviously you're troubled by the word
"option."
And I'm suggesting to you -- and
I'm not only suggesting to you, I pointed to
5262
the language -- the word "option" only refers
to lowering the rate below the legal rent rate
at owner's option. He can charge the 600, the
625, the 650, or, upon renewal, he can go back
the 700. He can never go above the 700, the
legal rate.
That's the way it's applied now
under the code, and we're just putting it in
statute. You're struggling -- you know, we've
been on the floor almost 15 hours, and we're
struggling with language. But what I'm
suggesting to you, the way we drafted the
language, it's our intent that the landlord
never has the right to go above the legal
rate. That's what the language says. That's
what we intended it to say.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor will yield
for one more question from me.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you yield for one more question?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
5263
Senator yields.
SENATOR SCHNEIDERMAN: Does this
provision not also provide another change? In
the current code, it states "upon vacancy of
the tenant." This states upon --
SENATOR BONACIC: What line are
you reading from?
SENATOR SCHNEIDERMAN: I am now
going back to line 38 on page 4. Or line 37,
excuse me.
This says "the amount of rent for
housing accommodation which may be charged
upon renewal or upon vacancy." The current
code only allows for this sort of preferential
rent provision upon vacancy. Is that not a
significant change entitling landlords to
modify the rent upon renewal and not just
simply upon vacancy?
ACTING PRESIDENT McGEE: Senator
Bonacic.
SENATOR BONACIC: Ready, okay.
Right now, under the DHCR code, the
landlord can raise the rent when there's a
vacancy. I believe that they are presently
amending their code to make it upon vacancy or
5264
lease renewal.
And what triggered that was the
case that I referred to of the Missionary
Sisters vs. DHCR. That's the reason for that
language.
And again, I say it again, the
landlord can only use it to lower the rent
below the legal rate.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Several
things. First of all, I happen to have the
Missionary Sisters case here. And it's pretty
clear from the holding of that case that it
was based in large part on the fact that the
lease at issue very explicitly provided for
the modification upon renewal and not simply
vacancy.
Second of all, here in the New York
State Legislature, I don't think we should
base our actions on something where we suspect
there may be an amendment to the code with
which legislation we are proposing a little
5265
after midnight on the last day -- or I guess
it's the beginning of the real last day of
session -- that we are trying to anticipate a
proposal for modification of the code.
Finally, and most critically, I
appreciate all of the efforts of my
distinguished colleague to deal with this
issue. But there simply is no language in
this bill that is before us now that indicates
in any way, shape, or form that the option
unprecedented in all law in this area, the
option we are giving to the landlord -- the
owner, as it states -- to base their rent
after renewal or vacancy upon the previously
established legally regulated rent is limited
to the option to use that standard or to be
lower than that standard. It's just not here.
You know, we're going to be here
for a while. I think that if we want to draft
a bill that follows the intent indicated by
the good Senator, we can draft such a bill.
This is not such a bill.
And combining that provision for
the term "option" without any guidelines as to
whether it's any limitation on that option
5266
with the contrast, dramatic contrast of this
language to the current code, I think that
there will be some very, very well paid
landlord's lawyers in court quite quickly to
deal with this issue.
I think this is a bomb hidden in a
bill. Whatever people's intentions are, I
don't think there's really much confusion as
to what this provides for.
The extra tightening of the Urstadt
Law I think speaks for itself, because
conveniently enough, the paragraph that is the
current Urstadt Law precedes the paragraph on
page 3 that is the newly imposed restrictions.
It is clearly more restrictive than the
current law.
And I will leave it to some of my
other colleagues to discuss the question of
the eight-year renewal.
This bill is a declaration of
nuclear war on rent regulated tenants in
New York. We should not pass this bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
5267
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, will you yield?
SENATOR BONACIC: Of course.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Bonacic, you've been
referencing one lawsuit several times in
relationship to reiterating the Urstadt Law.
But isn't it true that there are many lawsuits
still outstanding against DHCR in relationship
to the changes that were made in the '97 law
but never actually turned into regulations by
DHCR until, I think, 2000?
SENATOR BONACIC: Yes. I don't
think DHCR has ever lost a case, but the
answer is yes.
SENATOR LIZ KRUEGER: Thank you.
So, Madam President, if, through
you, the sponsor would continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
5268
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
So by making these changes,
potentially we are choosing to moot out the
possibility of those lawsuit decisions, by the
way this is written in this bill tonight,
without our having a chance as a Legislature
to look at what the arguments are in a variety
of different lawsuits beyond that one that you
and Senator Schneiderman were just discussing,
and that there are perhaps further legitimate
challenges to whether DHCR overstepped their
boundaries as an agency in interpreting the
'97 law?
SENATOR BONACIC: I disagree with
you there.
I think that what we are doing --
and we do it frequently -- is we give
statutory intent of our jurisdiction, in this
case over housing and rent. The state is
going to be preeminent on housing and rent
issues all over the state of New York,
including New York City. And that's the
5269
purpose of putting it in statute today.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic continues to yield.
SENATOR BONACIC: I do.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the answer. I agree,
it's to clarify statutory intent.
My concern is based on having moved
a law through in '97 without enough evaluation
or dialogue or discussion and debate, still,
in the year 2003, the courts are trying to
interpret what the intention of the
Legislature was in '97.
And why would we want to not only
repeat that mistake but, in fact, perhaps make
worse the mistakes that we did in '97 but by
rushing through an attempt not to clarify but
to do away with some of the questions in the
courts today because of our previous action?
SENATOR BONACIC: See, there is a
great body of collective wisdom that says what
we did in '97 was good and it's working. It
5270
does provide affordable housing to people in
the city. And we're continuing it just the
way it is.
And the fact that we've gone six
years through a court process is nothing out
of the ordinary. We have court cases that go
on for a decade or more trying to decide what
the Legislature intended on other subjects.
So I don't really think that that
argument has validity in what we're doing
tonight, and that is expressing a legislative
intent to put into statute that we are going
to control housing in the State of New York
and we're going to control the issues of rent,
just like we control other statewide issues.
Whether it's laws on crime, on the
environment, on social services, we're not
going to have two-tier approaches on things
that affect all of the people in the state of
New York.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
5271
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
I appreciate that answer because I
think it does get to a point in front of us.
Some people think that what we did in 1997 has
worked fine, as you said, for the last six
years. Many of us think that it has not
worked fine at all.
And I would argue if you were to
speak to tenants living in rent-regulated
apartments throughout the state, they would
tend to side with my position that it hasn't
been working very well for six years.
But to get to a question, you
talked about, in your opening statement, how
this bill will allow for the continuation and
stability of the rent-regulated housing
universe. Well, we know from six years of
history that there hasn't actually been
stability, that we have lost many, many units
to rent regulation until the pool of
affordable housing, the estimates vary from
90,000 up to 120,000.
5272
We know that as the years tick by
the number of units that come out because of
the $2,000 cap that you and Senator
Schneiderman were discussing at length -- that
as the years go by, the number of units that
come out at 2,000 continues to grow and will
continue to grow. One, because costs go up,
price of rent goes up, and over time it is a
natural phenomenon that people leave
apartments, they become vacant and they become
decontrolled.
So you talk about stability and
that this bill offers stability. But under
this bill, in the year 2011, the ending date
for your legislation -- that would be 14 years
since we implemented the 1997 law with a
$2,000 cap -- it would still be $2,000 in the
year 2011.
My math may not be perfect, but if
we just did a 3 percent increase per year in
the cost of rent over that 14-year period,
that $2,000 would have become $3,000. And if
it was a 5 percent increase per year in rent,
that $2,000 would have doubled to $4,000.
So I don't know how you could say
5273
there would be stability in the system with
14 years of a cap at $2,000, the cost of
housing going up through the rent guidelines
borne in New York City between 3 and 5 percent
on average each year, years and years of
turnover through natural occurrences.
I would argue that at the end of
this legislation in 2011 your, quote,
stability to the rent regulation/rent
stabilization world in the city of New York
would be, in fact, statistically an enormous
plummeting of units that participated in this
program.
So I was wondering whether you
agree with my analysis and think that it's
okay and we're just disagreeing about the
outcome, or whether you disagree with the
analysis.
SENATOR BONACIC: First of all, I
think your analysis is correct to the extent
that there will be less rent-controlled units
and stabilized units in 2011 than we have
today.
And according to our statistics,
from '97 to today there's been about 40,000
5274
taken out of the system. And there's not an
accurate recordkeeping. So, you know, you
hear numbers going back and forth. But from
the people that work with this, our housing
people in state government talking to the city
tells us it's about 40,000.
You have about a million
apartments, roughly, units that come under
rent control or stabilized apartments. We are
the largest city in the United States that
even has stabilized rent control and rent
control itself. There is a body of economists
and entrepreneurs that say if we did away with
rent control that it would lead to more
affordable housing, it would lead to more
economic vitality for the City of New York.
Now, this is a political problem
for those that represent the City of New York.
Because there's a lot more tenants than there
are landlords, and they vote. And this issue
is very important to them, as it should be.
But when I talk of stability, if we
did not do rent control today, those million
units might evaporate shortly. So that was
the tenor of my remarks when I said it allows
5275
a slow erosion of the present system of
government subsiding housing in New York City.
SENATOR KUHL: Madam President,
if, through you, the sponsor would continue to
yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: Of course, yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: You're
right, there are a body of economists and
writers out there who say that we shouldn't
have regulation of housing at all. There's
bodies of writers and economists who also said
that deregulating the airlines would lead to
great success for the airline industry, which
we continue to bail out; that we should
deregulate energy, that we should deregulate
electricity.
Personally, I don't think the
deregulation model has been working
particularly well in a variety of areas of our
economy. But nonetheless, going back to
housing and the stability of housing, you
5276
brought up just then that the stability
question is either we pass this bill tonight
or we lose rent regulation completely.
Because many of us assume whatever day this
is, Thursday or Friday on that clock, that
this was the last day of session.
Is this an agreed-upon bill with
the Assembly?
SENATOR BONACIC: I indicated in
my preliminary remarks that the Assembly has
passed a bill for a four-year extension.
SENATOR LIZ KRUEGER: So in fact
passing this bill does nothing to assure the
future of rent regulation beyond tomorrow,
because it's a one-house bill.
SENATOR BONACIC: Well, I think
that -- and I don't speak for the Assembly,
but to get eight years of no disturbance under
the existing rules should give some comfort to
tenants knowing that -- because I remember in
'97 when I was here, you know, they had a fear
they were going to lose their homes.
Here, we're continuing with the
system for eight more years. That's twice as
long as the Assembly's bill.
5277
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: Yeah, I do.
But I just want to make one other point. You
feel strongly that it should be in perpetuity,
I assume, in tenant protection. But -- and I
don't criticize you from where you live and
who you represent. But we live in a world of
democracy.
And you have elected officials from
the city or the metropolitan area that have
rent control or stabilized, you know,
apartments and you're here to lobby for them.
And everyone in this chamber is listening.
And we have democracy at the state level. And
we're going to vote on whether, you know, we
should do more, do less, or stay the same.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Bonacic continues to yield.
5278
SENATOR BONACIC: I do.
SENATOR LIZ KRUEGER: Thank you.
I suppose first I should answer
your question. No, I don't think I've ever
been on record that I think that the existing
rent regulation laws should exist in
perpetuity. I'd argue there are many
weaknesses and flaws in our system and that if
we had addressed the real issue, affordable
housing for the people of New York State over
the last fifty years appropriately, none of us
would be in this chamber tonight arguing this
one way or the other.
But you also talked about
democracy. And this bill, in the reiteration
of the Urstadt section and the continuation of
the recognition of the Urstadt Law in New York
State, actually does take away democracy from
the people who live under rent regulation, the
people of New York City.
Because, as I have argued here at
least three nights in a row in my amendments
to previous one-day extenders, New York City
elected officials should be making
determinations about New York City housing
5279
policy, not, with all due respect, elected
officials from other parts of the state that
neither have rent-regulated or rent-controlled
tenants in their districts nor in fact, I
think by their own declaration, have any real
understanding of what it means to be in a
tenant housing crisis because it is not a
reality in their district.
So that as you know, Senator, I
continue to argue that in this Legislature,
the Senate and the Assembly, whether I'm
elected from New York City or from Ulster
County, we shouldn't be making these
decisions. These should be decided by local
authorities who represent the tenants of
New York City directly.
But to go back to a question rather
than just a response, since this bill is not a
same-as bill with the Assembly, besides the
eight years versus four years, what else is
different? Are the other things that we've
been discussing -- the Urstadt sections, the
sections on pages 4, starting at lines 35,
page 5, all of the underlines, are those all
same-as with the Assembly, or is just the
5280
years different?
SENATOR BONACIC: No, there are
three technical amendments, as we've
discussed. And they are not in the Assembly's
bill.
SENATOR LIZ KRUEGER: Okay, thank
you.
Madam President, if the sponsor,
through you, would yield to one additional
question.
ACTING PRESIDENT McGEE: Senator
Bonacic, will you answer one additional
question?
SENATOR BONACIC: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
With great hesitation to revisit
the territory that you and Senator
Schneiderman went through in such detail, it
does talk about applicable guideline increases
and other increases authorized by law.
So my concern with that, because I
frankly think I agreed with your analysis in
most of that debate of those lines, it's my
5281
understanding that under today's DHCR
regulations if a landlord illegally
overcharges me rent under rent regulation --
SENATOR BONACIC: Illegally?
SENATOR LIZ KRUEGER: An illegal
overcharge.
SENATOR BONACIC: Yes.
SENATOR LIZ KRUEGER: -- I, the
tenant, only have 90 days to discover that and
challenge that. Otherwise, that becomes the
legal rent.
So to some degree it's a statute of
limitations. Either I, the tenant, figure it
out within the first 90 days of tenancy, or
whatever the illegal overcharge was became the
actual rent.
Is that your understanding? And
would that be factored into the flexibility
the landlord would have here?
SENATOR BONACIC: Neither house
is addressing that issue, in their legislation
or our legislation. Whatever practice is
going on now, as you've described it, is not
part of our legislation.
ACTING PRESIDENT McGEE: Senator
5282
Bruno.
SENATOR BRUNO: If you'll excuse
the interruption, I would just like to ask for
an immediate meeting of the Rules Committee in
Room 332. Thank you.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. That was my last question
for the Senator.
I was going to speak on the bill,
but perhaps I would be given leave to go to
the Rules Committee, and I will just explain
my vote at some point.
I can't speak? Oh, excuse me. I
will speak on the bill briefly. Thank you.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: This house
is very clear where I stand on this issue.
This is not a bill that I could possibly
support or imagine encouraging anyone else to
support. Eight years from now, if this bill
5283
becomes law, there won't be enough tenants
left in rent-regulated or rent-controlled
units for us to discuss a future law around
rent regulation and rent stabilization.
I do believe that there are many
gray areas that we are not necessarily
understanding in these three technical changes
to the bill. And the fact is we are given so
little time to evaluate this, and there is so
much gray area in the law as is from the '97
law, that I have to say I am sure that there
is much territory we didn't cover tonight and
won't understand or fully appreciate until a
few hours of sleep and more time to evaluate.
So I urge my colleagues to vote no
on this legislation, and we will see what else
we can do before we leave this chamber today
or tomorrow.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Krueger.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5284
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the negative.
SENATOR BRUNO: Party vote in the
affirmative.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Call the
roll.
THE SECRETARY: Ayes, 38. Nays,
23. Party vote.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bonacic.
SENATOR BONACIC: I would just
like to explain my vote very quickly.
This legislation simply gives
tenants protections for a period of time
longer than they've ever had. I know from
speaking to tenants when they come up and
lobby us, they're always concerned with the
sunset. Is it going to continue, are they
going to have to leave?
And what we have done here on this
legislation is simply reaffirm Urstadt and
5285
give the tenants, as I said, eight years'
protection under the existing system, which
they have lived with for the past six years.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
can we take up the Supplemental Active List
Number 4, the noncontroversial reading.
ACTING PRESIDENT McGEE: The
Secretary will read the Supplemental List
Number 4.
THE SECRETARY: Calendar Number
464, by the Assembly Committee on Rules,
Assembly Print Number 8362, 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 immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5286
is passed.
THE SECRETARY: Calendar Number
876, substituted earlier today by Member of
the Assembly Galef, Assembly Print Number
6422A, 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.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
878, by Senator Leibell, Senate Print 2170, an
act to amend the Vehicle and Traffic 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
5287
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we take up Supplemental Active List Number
5, the noncontroversial calendar.
ACTING PRESIDENT McGEE: The
Secretary will read the Supplemental List
Number 5.
THE SECRETARY: Calendar Number
357, by the Assembly Committee on Rules,
Assembly Print Number 8017, 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, 61.
ACTING PRESIDENT McGEE: The bill
5288
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we call up Calendar Number 1655, by
Senator Morahan.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1655.
THE SECRETARY: Calendar Number
1655, by Senator Morahan, Senate Print 5686,
an act to amend the Election Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Thank you,
Madam President.
This bill is part of a series of
HAVA bills, the Help American Voter Act, that
we're trying to enact. This bill, number one,
would repeal punch-card voting in the state of
New York. Because we still have --
unbelievably or not, we still have punch-card
ballots in New York State. And that would
5289
occur before January 1, 2004.
We could also get a waiver, if we
had to, to 2006, depending on the filing by
the Board of Elections with the federal
people.
It also establishes an
administrative complaint procedure that is
dictated by HAVA. That would be enacted
immediately. It would create statewide voter
registration base and an election results
reporting system required by HAVA. And it
would also create a HAVA implementation fund
immediately, which is really establishing a
bank account without money, but it would be
for the use to start to implement the HAVA
process.
That's what the bill does.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President. Will the sponsor yield for a
question.
ACTING PRESIDENT McGEE: Senator
Morahan, will you yield for a question?
5290
SENATOR MORAHAN: Yes.
SENATOR SCHNEIDERMAN: Does this
bill, as drafted, cover all of the provisions
that the state is required to under HAVA?
It does not identify an official
voting machine, require competitive bidding,
or address the issue of handicapped
accessibility. So there's a question as to
whether or not this actually meets the
requirements under the law.
SENATOR MORAHAN: This meets
partial -- partially meets the requirements.
As we go forward with the report from the task
force -- I'm sorry, as we go forward, we'll be
doing more HAVA bills regarding the machines
once there's some decision on what we're doing
to do. We're trying to work three-way
agreements, but we're not there yet.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, if
the sponsor would continue to yield.
ACTING PRESIDENT McGEE: Senator
Morahan, will you continue to yield?
SENATOR MORAHAN: Yes.
ACTING PRESIDENT McGEE: The
5291
Senator yields.
SENATOR SCHNEIDERMAN: Thank you.
Is the deadline for implementing HAVA for the
states not September of 2003?
SENATOR MORAHAN: No, I believe
that's when the State Board of Elections will
have to make a report on their public hearings
and what we did as a task force. That report
is in draft form now and must be forwarded to
the federal people by September this year.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I think
that this legislation doesn't go very far at
all towards meeting the requirements
contemplated by HAVA. And it fails to address
the most critical issues to many of us in
connection with this very, very important area
of law that is critical to our democratic form
of government.
This bill has no provision for
voter education programs, poll training
programs, is silent on the issue of voter
5292
identification at polls, which is a critical
issue and the subject of a lot of controversy.
I don't think this meets the
requirements of HAVA. I don't know when we're
planning before September to do anything else.
And given its deficiencies, I am going to vote
no and encourage everyone else to vote no.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Thank you, Madam
President.
I have some familiarity with
elections in New York State. And I'm going to
vote against this, and I'm going to tell you
why. It epitomizes -- and with all due
respect to the sponsor, who I know is trying
to get something out there that at least seems
to minimally comply with HAVA.
But the fact of the matter is once
upon a time in New York State, until eight or
nine years ago, we generally approached
election matters in a thoroughly bipartisan
manner. Now, there were those who said, Oh,
it's the club in operation. But the reality
was the professionals in both political
5293
parties understood the responsibility to the
public to deal with election situations in a
way that was bipartisan.
In 1986 I served on a temporary
state commission on voting technology, voting
machines. And a lot of the existing statute
in fact were things that came out of that task
force. That was a thoroughly bipartisan
effort. I don't remember, in any of the
deliberations, any differences or friction
that I could have read as having any basis in
partisan differences or someone looking for an
edge.
In fact, one of the things that
Senator Morahan's bill here today, or this
bill does is ban punch-card ballots, for
example. Now, to my knowledge -- and I may be
wrong by a number -- I think there's only
about seven counties in New York State that
use them, only for absentee or in some cases
affidavit, the so-called paper ballots.
The reason it's that limited is one
of the things we did in 1986. 1986, not 2000,
14 years before Florida, we had testimony, we
had hearings, and we had people tell how
5294
unreliable punch-card ballots were. 1986. We
also had vendors trying to sell us punch-card
systems as cheap, the best way to getting the
technology, you get quick results election
night. Yes, quick but not accurate.
We banned them. Our existing
statute bans punch-card ballots for anything
but absentee ballots, because there were some
counties then who were already using punch
cards for absentee ballots and they didn't
want to change, and we wrote it that way.
But the approach was bipartisan.
And I know the Governor appointed a task force
to deal with HAVA. It is not down the middle
bipartisan, nonpartisan. I think its approach
unfortunately, because there are a lot of
resources involved here, potentially has in my
opinion been overly partisan. And it
shouldn't be.
Let's talk about what's not out
here yet. Once upon a time, when it came to
the national politics -- delegate selection,
timing of primaries, methods of getting on the
ballot -- the rule was we'll pass what the
Republicans need according to their rules and
5295
their system of doing it and we'll
automatically pass what the Democrats need for
their national convention, their system, their
delegate selection process. One year, going
back, it was for the Democrats' caucuses
rather than delegates on the ballot.
But the rule was what you need
under your national rules, we want to
accommodate that. And there's no price.
There's no trade. The only trade was that
reciprocity, that bipartisan reciprocity that
we will accord to you what your rules compel.
Unless I missed it earlier today, I
don't think we've done those bills even yet.
And I know for Democrats a mandated part of
the delegate selection process starts later
this summer, with the first outreach brochures
and whatever.
So I think what we've done here,
Madam President, is we've gotten a little
partisan and rough about these things, and we
ought to go back to the drawing boards. There
is a lot at stake here. What is at stake is
not just lots of federal money, it's not just,
oh, a new voting technology. In 1986, we
5296
dealt with that. We passed rules for testing,
so on and so forth.
But we have issues we have to
confront, tough issues -- full face ballot,
style of ballot. Are we going to keep party
columns for all our parties? Are we going to
have a Massachusetts-style ballot?
And I think people need to sit down
from both parties and work this out in a way
that the public is served best. I don't think
anybody should be looking for an edge as we do
any of these election reforms. And sad to
say, I think with HAVA we're playing with fire
on a whole lot of money if we don't address
more than just the bare minimum here.
We have to tackle some of the more
controversial requirements of HAVA, and we
have to do it, I think, in a bipartisan way
where no one's looking for an edge politically
to come out of it. It's the only way the
people will be served.
I'm voting no on this, Madam
President, for the reasons I've stated.
ACTING PRESIDENT McGEE: Read the
last section.
5297
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR MORAHAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: On the bill.
I don't want anyone to walk away
from this chamber tonight thinking that this
is HAVA and this is the complete work. It's a
work in progress. There's much that we have
to do and will continue to do over the next
few months to see what we have to do to be in
complete conformity.
But I think it's important that
this Legislature work on this process as
opposed to the administration at the Board of
Elections trying to implement all of HAVA
without any input from those who represent the
people.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
5298
Senator Sabini, I'm sorry.
SENATOR SABINI: Madam President,
on the bill.
Just to respond to the sponsor's
last point, sometimes a partially completed
house isn't very pretty. And I don't know
that this sends any message to anyone, really,
that we're doing the right thing on what is a
very important implementation of a federal
law. In fact, there's going to be a lot of
money involved, coming from someone else
paying for something for once, with the
federal government picking up the tab.
So while I respect the
chairman's -- our Election Law chair's desire
to have something move, this is such a
collection of scraps that I don't know what
it's ever going to look like. And I'd rather
have a better idea of what it's going to look
like before we move on it.
And I intend to vote in the
negative. Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
5299
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 1655 are
Senators Andrews, Breslin, Connor, Dilán,
Duane, Gonzalez, Hassell-Thompson, L. Krueger,
Montgomery, Oppenheimer, Parker, Paterson,
Sabini, M. Smith, and Stavisky. Ayes, 46.
Nays, 15.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR PADAVAN: Madam
President, may I have unanimous consent to be
recorded in the negative on Senate Bill 5693,
please.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR PADAVAN: It's Calendar
1659.
ACTING PRESIDENT McGEE: Without
objection.
Senator Golden.
SENATOR GOLDEN: Madam President,
5300
I also request unanimous consent that my vote
be recorded in the negative on Calendar Number
1659.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BRUNO: Madam President,
can we at this time call up Calendar Number
1656.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1656, by Senator Morahan, Senate Print 5687,
an act to appropriate monies.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5301
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to the reports of
standing committees.
I believe there's a report from the
Rules Committee at the desk. I would ask that
it be read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 171, by Senator
Hoffmann, an act to amend the General
Obligations Law;
830, by Senator Morahan, an act to
amend the Public Health Law;
2475, by Senator Breslin, an act in
relation;
2681A, by Senator Hannon, an act to
amend the Public Health Law;
2760B, by Senator Libous, an act to
amend the Public Health Law;
2887A, by Senator Padavan, an act
to amend the Public Health Law;
5302
3964, by Senator Golden, an act to
amend the Administrative Code of the City of
New York;
3991, by Senator Robach, an act to
amend the Retirement and Social Security Law;
4373A, by Senator Leibell, an act
to make certain parents;
5213, by Senator Padavan, an act to
amend the Local Finance Law;
5473, by Senator Velella, an act to
amend the Public Authorities Law;
5479A, by Senator Bonacic, an act
to amend the Vehicle and Traffic Law;
5583, by Senator Hannon, an act to
amend the Public Health Law;
5607, by Senator Padavan, an act to
amend the Real Property Tax Law;
5646, by the Senate Committee on
Rules, an act to amend the Public Health Law;
5670, by Senator Little, an act to
validate;
5682, by Senator Padavan, an act to
amend the General City Law;
5690, by Senator Golden, an act to
amend the Penal Law and others;
5303
5691, by Senator Volker, an act to
amend the Labor Law;
5694, by the Senate Committee on
Rules, an act to amend the Environmental
Conservation Law;
Assembly Print 3764B, by Member of
the Assembly Sweeney, an act to authorize the
County of Suffolk;
And Assembly Print 5582, by Member
of the Assembly Gottfried, an act to amend the
Social Services Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
can we at this time move to accept the report
of the Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of the Rules
Committee. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
say nay.
5304
(No response.)
ACTING PRESIDENT McGEE: The
report of the Rules Committee is accepted.
Senator Onorato.
SENATOR ONORATO: Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar Number
1655.
ACTING PRESIDENT McGEE: 1655?
SENATOR ONORATO: In the
negative.
ACTING PRESIDENT McGEE: Thank
you very much, Senator Onorato. Without
objection.
SENATOR ONORATO: Madam
President.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: Madam
President, there will be an immediate
conference of the Minority in the Minority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate conference of the Minority in the
Minority Conference Room.
5305
Senator Bruno.
SENATOR BRUNO: Madam President,
can we recognize Senator Velella.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Madam
President, on Calendar 1659 I'd ask unanimous
consent to be recorded in the negative.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR VELELLA: Thank you.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: The Senate will
stand at ease for approximately 15 minutes.
ACTING PRESIDENT McGEE: The
Senate will stand at ease for approximately
15 minutes.
(Whereupon, the Senate stood at
ease at 1:20 a.m.)
(Whereupon, the Senate reconvened
at 1:55 a.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
5306
at this time if we could take up Senate
Supplemental Calendar Number 60F,
noncontroversial.
ACTING PRESIDENT McGEE: The
Secretary will read Supplemental Calendar 60F.
THE SECRETARY: Calendar Number
1660, by Senator Hoffmann, Senate Print 171,
an act to amend the General Obligations Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1662, by Senator Morahan, Senate Print 830, an
act to amend the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5307
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1663, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5421 and substitute it
for the identical Senate Bill Number 2475,
Third Reading Calendar 1663.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1663, by Member of the Assembly McEneny,
Assembly Print Number 5421, an act in relation
to permitting.
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, 61.
ACTING PRESIDENT McGEE: The bill
5308
is passed.
THE SECRETARY: In relation to
Calendar Number 1664, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9007 and substitute it
for the identical Senate Bill Number 2681A,
Third Reading Calendar 1664.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1664, by the Assembly Committee on Rules.
Assembly Print Number 9007, 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5309
1665 --
SENATOR BRUNO: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: In relation to
Calendar Number 1666, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4789B and substitute it
for the identical Senate Bill Number 2887A,
Third Reading Calendar 1666.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1666, by Member of the Assembly Lafayette,
Assembly Print Number 4789B, 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.)
5310
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1667, by Senator Golden, Senate Print 3964, an
act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1668, by Senator Robach, Senate Print 3991, an
act to amend the Retirement and Social
Security 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, 61.
5311
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1669, by Senator Leibell, Senate Print 4373A,
an act to make certain parents, widows and
children.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1670, Senator Maltese moves to
discharge, from the Committee on Rules,
assembly Bill Number 8679 and substitute it
for the identical Senate Bill Number 4549A,
Third Reading Calendar 1670.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
5312
THE SECRETARY: Calendar Number
1670 --
SENATOR BRUNO: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1671, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8692 and substitute it
for the identical Senate Bill Number 5213,
Third Reading Calendar 1671.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1671, by the Assembly Committee on Rules,
Assembly Print Number 8692, an act to amend
the Local 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.)
5313
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1672, by Senator Velella, Senate Print 5473 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1673, by Senator Bonacic, Senate Print 5479A,
an act to amend the Vehicle and Traffic Law
and the Labor 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.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5314
1674, by Senator Hannon, Senate Print 5583, an
act to amend the Public Health Law.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1675, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9000 and substitute it
for the identical Senate Bill Number 5607,
Third Reading Calendar 1675.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1675, by the Assembly Committee on Rules,
Assembly Print Number 9000, an act to amend
the Real Property Tax Law.
5315
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1676, by the Senate Committee on Rules, Senate
Print Number 5646, an act to amend the Public
Health Law, the State Finance Law, and the
Insurance Law.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5316
THE SECRETARY: Calendar Number
1677, by Senator Little, Senate Print 5670, an
act to validate, ratify and confirm.
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR BRUNO: I would ask that
the message be accepted.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR HOFFMANN: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
5317
1678, by Senator Padavan, Senate Print 5682,
an act to amend the General City Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 35. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5318
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1679, by Senator Golden, Senate Print 5690, an
act to amend the Penal Law and others.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Those
opposed will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
5319
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1680, by Senator Volker, Senate Print 5691, an
act to amend the Labor Law.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: There is
a message at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 31. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5320
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1681, by the Senate Committee on Rules, Senate
Print Number 5694, an act to amend the
Environmental Conservation Law.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: There is
a message at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor 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.
THE SECRETARY: Section 3. This
5321
act shall take effect immediately.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1682, by Member of the Assembly Sweeney,
Assembly Print Number 3764B, an act to
authorize the County of Suffolk.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1683, by Member of the Assembly Gottfried,
Assembly Print Number 5582, an act to amend
the Social Services Law.
ACTING PRESIDENT McGEE: Read the
5322
last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1680.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BRUNO: Madam President,
can we return to messages from the Assembly.
I believe there is a message from
the Assembly at the desk.
ACTING PRESIDENT McGEE: Messages
from the Assembly.
The Secretary will read.
THE SECRETARY: The Assembly
sends for concurrence the following bill. On
motion of Mr. Bruno, and by unanimous consent,
the rules are suspended in order to a third
reading: Assembly Bill Number 9009.
Calendar Number 1661, by the
5323
Assembly Committee on Rules, Assembly Print
Number 9009, an act to amend Chapter 266 of
the Laws of 1986.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Bruno, that completes the
noncontroversial reading of Supplemental
Calendar 60F.
SENATOR BRUNO: Can we at this
time take up the controversial reading of the
calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1660, by Senator Hoffmann, Senate Print 171,
an act to amend the General Obligations Law.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
Senator Schneiderman.
5324
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Many of us
have voted against this legislation, similar
legislation, because, while we believe that
there are some worthy provisions in it, it
contains, in line 47 of page 3, a limitation
of liability which essentially exempts
sponsors of equine activities from liability
for an injury to or the death of a participant
resulting from the inherent risks of equine
activities.
And this is an extraordinary
exemption. I think there were 22 no votes on
this the last time, and that provision really
was the reason.
I'm going to vote no, and I
encourage everyone to do so.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Madam
President, this particular piece of
5325
legislation is long overdue in New York. And
it is a detriment right now to our booming
equine industry that we do not have it in
place already.
It is referred to as inherent risk.
It requires the posting of a sign which
indicates that anybody who engages in equine
activities understands that there is of course
a fairly obvious risk.
The very nature of horses means
that they may react suddenly if they're
startled or if they should have their footing
on unsecure ground. This is just the very
nature of this activity, and anybody who
engages in it must surely be aware of a
reasonable amount of risk.
Injuries are minimal, happen very
seldom, and the rare occurrence cited by
Senator Schneiderman should in no way
discourage us from passing this important
legislation.
I would urge all of my colleagues
to consider that the great success we've had
in the equine world over the last few months
with Funny Cide indicates this great
5326
opportunity we have to help move forth this
part of our agricultural industry. This
measure really deserves passage in this house
tonight.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: And we had that
wonderful success without this bill. I urge
my colleagues to vote no. We don't need it.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1660 are
Senators Andrews, Brown, Connor, DeFrancisco,
Duane, Hassell-Thompson, L. Krueger, Onorato,
5327
Parker, Paterson, Sabini, Sampson,
Schneiderman, M. Smith, and Stavisky. Ayes,
46. Nays, 15.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1665, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1722B and substitute it
for the identical Senate Bill Number 2760B,
Third Reading Calendar 1665.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1665, by Member of the Assembly Wright,
Assembly Print Number 1722B, an act to amend
the Public Health Law and the Education 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.)
5328
THE SECRETARY: Ayes, 60. Nays,
1. Senator LaValle recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1667, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7171 and substitute it
for the identical Senate Bill Number 3964,
Third Reading Calendar 1667.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1667, by Member of the Assembly Abbate,
Assembly Print Number 7171, 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
roll.
(The Secretary called the roll.)
5329
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1670, substituted earlier by the Assembly
Committee on Rules, Assembly Print Number
8679, an act to amend the Agriculture and
Markets Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Would the
sponsor yield.
ACTING PRESIDENT McGEE: Senator
Maltese?
SENATOR MALTESE: Yes, certainly
I would, Madam President.
SENATOR LARKIN: Serph, I've read
this four times, and I'm totally confused.
How are we going to build shade for dogs?
SENATOR MALTESE: Madam
President, if that's the only troubling aspect
5330
of this bill, I guess it's just how we would
build shade for human beings.
I don't think it's a requirement in
this bill that we build new structures. I
think it's a requirement in this bill that we
prevent exposure and terrible occurrences that
happened just this past year where we read in
our daily papers about dogs being found frozen
to the ground because of uncaring owners.
This bill received unanimous
consent from a bipartisan, compassionate
Assembly. I'm hopeful that the Senate would
treat it the same way.
SENATOR LARKIN: Well, I'm very
compassionate to dogs. I have a cat. I
wonder if we're going to now take up a bill
next session to do it for cats.
But let's be realistic here. It
says here the minimum standards will be
artificial means to protect a dog from direct
sunlight at all times when exposed to sunlight
is likely to threaten the health.
For dogs that are left outside,
they will have to have -- the shelter must
have a waterproof roof, be structurally sound
5331
with insulation appropriate to local climate
conditions and sufficient to protect the dog
from inclement weather.
The construction will be such that
there will be freedom for the dog to walk
around, turn around, lie down, and effect the
removal of excretion and other waste.
My question is, this is a mandate.
This is a mandate on local government. And
who's going to do this?
SENATOR MALTESE: Madam
President, I don't think it's a mandate on
local government. I think it's a mandate on
unfeeling, uncaring people that are content to
leave dogs, man's best friend, out in the cold
to die frozen to the ground or to die from
heat prostration.
This refers to dogs that are left
outside without means to avail themselves of a
nearby structure. The structures do not have
to be a specially built, custom doghouse, as
seems to be requested there, as spoken about.
They can be any structure adjacent to where
the dog is confined.
This bill is a preventive bill.
5332
It's a bill that seeks to make people realize
their obligation to their own pets, their
companion pets. And what it seeks to do is
protect dogs that are unable to protect
themselves because unfeeling owners or
custodians leave them leashed or unable to
reach either warmth or shade.
I think it's a good piece of
legislation, Madam President, and I urge all
my colleagues to support it.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: On the bill.
ACTING PRESIDENT McGEE: Senator
Larkin, on the bill.
SENATOR LARKIN: I think it's
very appropriate that we do. We read in the
paper about dogs being left out and all that.
But the question that comes to my
mind is, how do we start to say who's going to
go around the yard and see that there's a dog
on a leash and in there? We talk about the
fines in here, what will the fines be used --
who will regulate this, the Department of
Agriculture? I don't see that in here.
5333
I commend Senator Maltese for his
conscientious effort on the part of dogs, and
I'm sure that PETA will be very proud of you,
but I still wonder if we're not putting the
cart before the horse.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Just -- the hour
is late, and I know that there are a lot of
issues that come before us that we'd rather
not see before us.
This piece of legislation happens
to be one that we all ought to relate to in
some positive way. And I understand Senator
Larkin's concerns.
And I want to assure you, Bill, by
the way, that these are not rent-controlled
units.
(Laughter.)
SENATOR BRUNO: But on a serious
note, on a very serious note, neighbors will
call and report that people have tied a dog
outside behind their house, 20 degrees below
zero, two and three nights in a row.
Two dogs, within two miles from
5334
where I live, were found frozen to death in
the backyard, where neighbors had complained
that the people were leaving those dogs
unattended. Now, does anybody in this chamber
feel that that's appropriate?
And another dog was practically
fried in the sun with not one bit of shade,
not one bit of cover, not having a thick coat,
practically cooked in the sun. Does anybody
here think that's appropriate? And when
people call the authorities, the authorities
act as if there's not a thing they can do
about it.
Now, you don't have to plant trees
for shade. You can put up a canopy. You
don't have to have a furnace or a stove heated
in a doghouse. But it's appropriate that an
animal, a dog, have protection. Just like
Senator Larkin likes protection from the
elements, like I like protection, like all of
the people that we've been talking about like
protection.
So I would urge my colleagues to
have compassion for those poor dogs that are
out there defenseless, now howling, whining
5335
and barking, looking for support from us.
Thank you very much.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: I agree with
Senator Bruno.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Bonacic, did you wish to speak on the bill?
SENATOR BONACIC: Absolutely not.
(Laughter.)
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1670 are
Senators Bonacic, Libous, Nozzolio, and
Seward. Ayes, 57. Nays, 4.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5336
1672, by Senator Velella, Senate Print 5473,
an act to amend the Public Authorities Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, an explanation has been requested by
Senator Schneiderman.
SENATOR VELELLA: Yes, Madam
President.
This bill creates the New York City
Transit Authority Safety Advisory Panel, with
seven members to be appointed, two by the
Governor at the recommendation of the Senate,
two by the Assembly, and the balance to be
appointed by the Governor.
Members will be selected from law
enforcement, emergency response management
teams, worker and rider safety. And the panel
shall be empowered to study and evaluate the
range of strategies available to ensure public
safety including ingress and egress from
stations by all means of deterring terrorist
attacks and criminal mischief.
5337
And this bill, in its second part,
will also place a moratorium on the closing of
token booths.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill very briefly.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: My concern
with this bill is that even though the vast
majority of people in this house who represent
those who use the -- the number of people who
use the transit authority are on this side of
the aisle, this provides for appointments only
by the Temporary President of the Senate and
the Speaker of the Assembly.
And while I note that it does also
provide very intelligently to prohibit token
booth closings, all of the activity, including
litigation, relating to token booths that has
prevented the MTA from closing token booths
thus far has actually been initiated by
Senators on this side of the aisle.
So I would hope that we could
5338
provide some way for us to participate in a
safety panel responsible for these issues. I
will be voting no.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1672 are
Senators Andrews, Gonzalez, L. Krueger,
Paterson, and Schneiderman. Ayes, 46. Nays,
5.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1677, by Senator Little, Senate Print 5670, an
act to validate, ratify and confirm.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5339
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: To explain my
vote, Madam President, just briefly.
ACTING PRESIDENT McGEE: Senator
Hoffmann, to explain her vote.
SENATOR HOFFMANN: I understand
Senator Little's concern for protecting a
compact in existence in her district.
There is, however, a compact in
existence in the Senate district immediately
adjoining mine -- but at the time it was
enacted, I did represent that area, and I have
represented the surrounding area for many
years -- and it was enacted in 1990 with
virtually no input either by the Legislature
or by local governments.
I have heard from many members of
local governments who believe that their
compact should be the first one to be
renegotiated and that they should have input.
My vote in opposition to this
measure is a protest to this process. I
believe that until the compact negotiated by
Mario Cuomo with the Oneida Nation of New York
5340
is reviewed and given a proper revision
subject to the approval of this legislative
body, I cannot in clear conscience support
another compact approval.
ACTING PRESIDENT McGEE: Senator
Nozzolio, to explain his vote.
SENATOR NOZZOLIO: Thank you,
Madam President and my colleagues.
The issues involved with Indian
matters are complex and often controversial.
I'd like to state that it's clear that the
approval here tonight by the Legislature is
long overdue, because this Legislature should
have the authority to oversee and to ratify
those compacts negotiated by the Executive.
The New York State Court of Appeals
agrees with that statement and has just issued
a ruling to that effect.
But I'd like to make it also clear
that the approval of this Legislature this
evening does not guarantee the approval of all
agreements with native American tribes. Other
compacts should be looked at individually.
And that I believe this Legislature certainly
is acting as the interests of the region are
5341
best reviewed by the Senator representing that
region.
This measure is sponsored by
Senator Little, who represents the region most
affected, most impacted by the compact in
question. Therefore, Senator Little's
guidance and judgment should be the guidance
and judgment that this Legislature takes.
I think it's also important,
though, that the precedent we are establishing
here is that the local Senator whose district
is most affected is the one that's given the
greatest deference and the one who's looked to
to whether or not the compact itself should be
reviewed.
I'm supporting this bill tonight,
but I certainly hope that we continue to look
to those legislators. I know for a fact that
one day I may be asked to review a compact and
would expect the same courtesies from my
colleagues and the same precedent that we're
establishing here this evening to look to the
local Senator.
Thank you, Senator Little. We are
certainly listening to your judgment,
5342
listening to your guidance.
And that although I reluctantly
vote in the affirmative, I do so certainly
because this is sponsored by the Senator
representing the region most affected by the
compact.
Madam President, thank you. I vote
aye.
ACTING PRESIDENT McGEE: Senator
Padavan, to explain his vote.
SENATOR PADAVAN: Madam
President, thank you.
In explaining my vote, first, I
have a great deal of respect for Senator
Little. And I realize the position she's in
with regard to having inherited the situation.
However, we are being asked as a
group to vote on a compact that I daresay none
of us have read. We don't know anything about
what's in there. It's like signing on to a
contract that you've never read. And that, to
me, doesn't make sense.
Secondly, if you look at the very
opening sentence of the bill, it says:
"Notwithstanding any inconsistent provision of
5343
law to the contrary." Now, that means a lot
of things to me -- labor law, child labor law,
environmental law. You could go on and on
with that list.
And we're saying irrespective of
any law that we either had on the books ten
years or put on the books over the past ten
years, this compact takes precedence. I think
it's a big mistake. It's a pig in a poke.
And as far as the fact that it's in
one Senator's district, while I have respect
for that fact as well, it does certainly
relate to the entire state.
One final comment. I received a
phone call earlier this evening -- I should
say earlier last night -- from the mayor of
Oneida, who has an Indian reservation near
him, saying, in effect, we should not do this,
because he knows his is next and he doesn't
want us to ratify that contract without a lot
of significant changes because of the negative
result that it has for his city.
I vote no.
ACTING PRESIDENT McGEE: Senator
Meier.
5344
SENATOR MEIER: Thank you, Madam
President.
I have one of these casinos in my
district. In fact, the casino that one of the
my colleagues alluded to earlier is in my
district.
But I respect the prerogatives of
the legislators who represent the area where
this particular casino is located. And I
respect the local government officials in that
area who, by the way, it's my understanding
support this piece of legislation. And I
respect the members of the Assembly sitting in
the other body who also voted for this.
I will vote in favor of it because
of that respect that I think those
representatives are entitled to. But I would
identify with the comments made by my
colleague Senator Nozzolio that these compacts
are independent matters, they are to be judged
independently, and this vote today in no way
establishes a precedent for this Senator in
terms of any future compacts -- and I might
dare even venture to say for this body as a
whole for any future compacts.
5345
Under those circumstances and with
that caveat, I vote aye.
ACTING PRESIDENT McGEE: Senator
Larkin, to explain his vote.
SENATOR LARKIN: Thank you, Madam
President.
You know, the Majority Leader is
walking out now, but he was part of a project
that committed to this state to make six
casinos, three in Western New York and three
in the Catskills.
We have a project in front of us.
And I congratulate Senator Little for stepping
up and coming out more than once in conference
and saying, We have to put this behind us. We
have to move forward.
It was talked back in 1993, in a
previous administration, that it was the wrong
way to go. The case law was the State of
New Mexico, where they turned it over and made
the whole compact go back to the legislature.
But we can't keep dragging our
heels. My colleagues Senator Nozzolio and
Senator Meier said this is just one piece.
We're going to have new compacts, and we will
5346
be here, as a legislative body, looking at
what the contents of the compact are.
But right now we have an issue to
correct that's ten years old. We can stand
here today and tomorrow and say, well, we
should have done this, we should have done
that. Senator Little wasn't there then when
it was done. A lot of people in this chamber
weren't there when it was done.
But we're now making the right turn
and we're doing the right thing. And I'd like
to compliment Senator Meier when he said --
and Senator Nozzolio saying that this is the
legislator whose district this facility is in
and we ought to all be standing by her and
saying we are here to help you. And as we
move forward to the next facility that's being
looked at, we will be able to dot the I's and
cross the T's more appropriately.
I think we ought to move forward,
we ought to pass it. And thank you, Betty,
for standing up.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
5347
Madam President. Briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: I find it
fascinating to listen to this discussion --
ACTING PRESIDENT McGEE: Senator
Krueger, we're on a roll call, so I assume you
are explaining your vote. Is that correct?
SENATOR LIZ KRUEGER: I'm sorry,
but the hour is late. To explain my vote,
thank you.
It is fascinating to me that I
listened to this debate on this floor tonight
about individual Senators saying they need to
respect the rights of one legislator for an
issue that is within their district, when this
house refuses to recognize the jurisdiction of
elected officials from New York City to deal
with New York City housing policy.
So I appreciate the comments, and I
wish that we were consistent in this house
about whose jurisdiction and whose local
officials and whose individual legislators
should be dealing with issues.
I also just want to say that it is
5348
rare when I agree with Senator Hoffmann on a
bill. And I will be voting no.
Thank you.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Thank you, Madam
President. To explain my vote.
I just want to leave the record, at
least for me, clear of something that Senator
Padavan said. I've read the Mohawk compact.
I read it back in 1993. I read the Oneida
compact back when Governor Cuomo did that a
couple of years before that.
I had to get it from the Governor's
office by a whole lot of pressure, the Oneida
compact being the first. I got it and it was
stamped "Secret and Confidential." And when
they gave it to me, they said, "Don't show it
to anybody." I was a Senator, and I was like,
you have to be kidding.
I believe then the late Assemblyman
Tony Genovesi raised it on the floor of the
Assembly that the Legislature should have had
a purview over this. IGRA, Indian Gaming
Regulatory Act, suggested the Governor could
5349
do it himself. The courts later made that
plain that wasn't so. The New York courts
have now made it plain it wasn't so for
New York.
That said, as many people here
know, I've voted against gambling over the
years here. I certainly led the opposition to
the constitutional amendment. But that said,
we have facts on the ground now. The casino
exists on the Mohawk Reservation. Senator
Little represents that area. And since I have
read the compact, I feel quite comfortable
voting for her bill.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1677 are
Senators Duane, Hassell-Thompson, Hoffmann,
L. Krueger, and Stachowski. Ayes, 46. Nays,
5.
ACTING PRESIDENT McGEE: The bill
is passed.
5350
THE SECRETARY: Also Senator
Padavan. Ayes, 45. Nays, 6.
Calendar Number 1679, by Senator
Golden, Senate Print 5690, an act to amend the
Penal Law and others.
SENATOR MALCOLM SMITH:
Explanation.
ACTING PRESIDENT McGEE: Senator
Golden, an explanation has been requested.
SENATOR GOLDEN: Thank you, Madam
President. I'll try to be brief.
This Sexual Assault Reform Act was
enacted in 2000. This Legislature set forth
in the legislation that certain parts of this
reform legislation still needed to be
completed. This bill will complete the
reforms begun in 2000 and will additionally
provide enhanced protections to victims of sex
crimes, and other important benefits.
This bill enacts important new
benefits to sex assault victims by allowing
the provider of sex assault forensic exams to
receive direct reimbursement from the Crime
Victims Board. This ensures that victims will
not have to make such claims during a time of
5351
crisis, and institutions providing these
services are assured of a basic funding source
to maintain their services.
This important provision also
ensures the confidentiality of victims by
providing health-care providers from seeking
reimbursement for the cost of these exams, and
the victim's insurers, unless the victim
agrees to use his or her insurance to pay
these costs.
The bill amends the definition of
persistent sexual offenses to broaden the
number of crimes which may serve as a
predicate for these enhanced penalties.
Important reforms also have been
made in the Family Court for children,
lowering from 12 to 9, so that they can be
seen as competent to testify for prosecution.
There are other areas within this
bill. The date rape drug GHB, there are three
felonies for possession and sale. Although
when this Sexual Assault Reform Act was first
enacted, part of the act made the possession
of the date drug known as GHB illegal. Many
industries in this state use the chemical
5352
components of this drug to manufacture many
commercial products, including such diverse
items as golf balls, herbicides, plastics, and
roller coaster parts.
Possession of these chemical
components by manufacturer users is permitted
under federal law but could be deemed illegal
under the new law if we enact it. In order to
clarify that such possession for manufacturing
purposes is also to be permitted under
New York law, the Executive, the Senate, and
the Assembly have agreed to enact appropriate
clarifying legislation.
However, because of the amount of
time left to finish this session this year,
this legislation must enact -- we'll enact
this when we meet in the next session. The
Senate is committed to go forward with this
legislation.
ACTING PRESIDENT McGEE: Senator
Malcolm Smith.
SENATOR MALCOLM SMITH:
Explanation satisfactory.
ACTING PRESIDENT McGEE: Read the
last section.
5353
THE SECRETARY: Section 72. 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.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1681, by the Senate Committee on Rules, Senate
Print Number 5694, an act to amend the
everything Environmental Conservation Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Marcellino, an explanation has been requested.
SENATOR MARCELLINO: Thank you,
Madam President.
What seems like an eternity ago,
this house passed a brownfields bill that
started this process going. I'm not going
reiterate the entire explanation for that
bill, because I think most of us know it and
most of us are aware of the problem, most of
5354
us are aware of the seriousness of brownfields
and the reason why they have to be remediated.
The bill that we have before us
will enact the brownfield cleanup program and
refinance the existing state Superfund program
in order to remediate contaminated property
across the state, improving public health and
turning an environmental and economic drain
into an environmental and economic gain.
This bill further authorizes the
refinancing of the state's inactive hazardous
waste program, the state Superfund program.
It ensures the continued protection of public
health and the environment through the reform
and enhancement of the state Superfund
program.
It will assure the most efficient
utilization of public and private funding
sources for the investigation and remediation
of sites under such programs and will ensure
remediation efforts are completed as quickly
as possible, will provide the statutory
authority and funding to address sites
contaminated with hazardous substances not
currently authorized under the existing state
5355
Superfund program, and will provide for the
cleanup of sites under voluntary agreement
with the department and provide the technical
assistance grants to community-based
organizations and municipalities and state
assistance for brownfield opportunity area
grants.
This is a bill that has been
negotiated between the Governor, the Senate,
and the Assembly. We have three-way
conceptual agreement on every single part of
this bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If, through you, the sponsor
would yield to a question.
ACTING PRESIDENT McGEE: Senator
Marcellino, will you yield for some questions?
SENATOR MARCELLINO: Sure.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you
so much.
5356
Senator, thank you so much for the
legislation. And the hour is late, and the
bill is very thick. Just one clarification.
I thought you almost answered my
one question at the end. You said
conceptually it's been agreed upon by all
three parties. Has the Assembly actually
submitted their own same-as bill?
SENATOR MARCELLINO: The bill --
no. The bill is being looked at by the
Assembly, and they're going over the language
of the bill that we have in our hands at the
moment. And there are some technical issues
that they're still cleaning up.
But the conceptual agreement is
there. This is the bill that will be voted
upon, I am sure.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield to an
additional question.
ACTING PRESIDENT McGEE: Senator
Marcellino, will you yield for an additional
question?
SENATOR MARCELLINO: Certainly.
ACTING PRESIDENT McGEE: The
5357
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Marcellino, so it's your
belief that we will pass a bill in the
Assembly that is a same-as tonight and then
deal with chapter amendments at some later
date to deal with the technical problems?
SENATOR MARCELLINO: That is my
hope.
SENATOR LIZ KRUEGER: That's your
hope.
SENATOR MARCELLINO: That is my
hope and that is my belief, but that is my
hope.
The Assembly is not in session at
this point in time, so they cannot vote on
this bill. But I am hoping that when they
come back today, which for us will be
tomorrow, because we're still in yesterday --
(Laughter.)
SENATOR MARCELLINO: -- that
ultimately this bill will become law.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I appreciate the explanation of
5358
what day it might be somewhere for us.
ACTING PRESIDENT McGEE: Thank
you very much.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1683, by Member of the Assembly Gottfried,
Assembly Print Number 5582, an act to amend
the Social Services 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, 61.
ACTING PRESIDENT McGEE: The bill
5359
is passed.
THE SECRETARY: Calendar Number
1661, by the Assembly Committee on Rules,
Assembly Print Number 9009, an act to amend
Chapter 266 of the Laws of 1986.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Breslin.
SENATOR BRESLIN: Madam
President, I would request unanimous consent
to be recorded in the negative on Calendar
1660, Print Number 171.
ACTING PRESIDENT McGEE: Without
objection.
Senator Meier.
SENATOR MEIER: Madam President,
I request unanimous consent to be recorded in
5360
the negative on Calendar 1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Saland.
SENATOR SALAND: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar 1670, Senate 4549A.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR VELELLA: Madam
President.
ACTING PRESIDENT McGEE: Senator
Velella, that completes the reading of the
controversial calendar.
SENATOR VELELLA: There will be
an immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT McGEE: Senator
Little.
SENATOR LITTLE: Thank you.
Madam President, I wish --
ACTING PRESIDENT McGEE: Please
leave quietly. Thank you.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
5361
Little.
SENATOR LITTLE: I request
unanimous consent to vote in the negative on
Calendar 1670 and 1683.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LITTLE: Thank you.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Madam
President, I ask unanimous consent to be
recorded in the negative on Calendar Number
1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bonacic.
SENATOR BONACIC: Madam
President, I'd ask for unanimous consent to be
voted in the negative on Calendar Number 1683.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BONACIC: Thank you,
Madam President.
ACTING PRESIDENT McGEE: You're
welcome, Senator.
5362
Senator Morahan.
SENATOR MORAHAN: Madam
President, may I be recorded in the negative,
without objection, on 819.
ACTING PRESIDENT McGEE: Without
objection.
Senator Wright.
SENATOR WRIGHT: Madam President,
without objection, may I be recorded in the
negative on 1670 and 1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to reports of standing
committees.
I believe there's a report of Rules
Committee at the desk. I ask that it be read
at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 202A, by Senator
5363
Spano, an act to amend the Public Health Law;
2831, by Senator DeFrancisco, an
act to amend the General Business Law;
2889, by Senator Krueger, an act to
amend the Alcoholic Beverage Control Law;
4791C, by the Senate Committee on
Rules, an act authorizing;
5091, by Senator Breslin, an act to
authorize;
5363, by Senator Maltese, an act to
amend the Insurance Law and the Tax Law;
5411A, by Senator Maltese, an act
to amend the Arts and Cultural Affairs Law;
5634, by Senator Saland, an act to
amend the Domestic Relations Law;
5688, by Senator Padavan, an act to
amend the Education Law;
5695, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law and the Tax Law;
5696, by Senator Flanagan, an act
to amend the Legislative Law;
5697, by the Senate Committee on
Rules, an act to amend the Civil Practice Law
and Rules;
5364
5698, by Senator Morahan, an act to
provide for the election;
Assembly Print 9075, by the
Assembly Committee on Rules, an act to amend
Chapter 352 of the Laws of 1999;
Senate Print 2949A, by Senator
Hannon, an act to amend the Public Health Law;
And Senate Print 5700, by Senator
Seward, an act to amend the Insurance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of the Rules
Committee. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
Rules report is accepted.
5365
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time have the noncontroversial
reading of Calendar Number 60G.
ACTING PRESIDENT McGEE: The
Secretary will read the noncontroversial
calendar, Senate Supplemental Calendar Number
60G.
THE SECRETARY: In relation to
Calendar Number 1684, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 15A and substitute it for
the identical Senate Bill Number 202A, Third
Reading Calendar 1684.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1684, by Member of the Assembly John, Assembly
Print Number 15A, an act to amend the Public
Health Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: Senator
Bruno.
5366
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The bill is laid aside.
SENATOR PATERSON: Lay it aside.
THE SECRETARY: In relation to
Calendar Number 1685, Senator DeFrancisco
moves to discharge, from the Committee on
Consumer Protection, Assembly Bill Number 4399
and substitute it for the identical Senate
Bill Number 2831, Third Reading Calendar 1685.
ACTING PRESIDENT McGEE:
Substitution ordered.
5367
The Secretary will read.
THE SECRETARY: Calendar Number
1685, by Member of the Assembly Ortiz,
Assembly Print Number 4399, an act to amend
the General Business Law.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1686, Senator Krueger moves to
discharge, from the Committee on Rules,
Assembly Print Number 3362 and substitute it
for the identical Senate Bill Number 2889,
Third Reading Calendar 1686.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
5368
THE SECRETARY: Calendar Number
1686, by Member of the Assembly Gottfried,
Assembly Print Number 3362, an act to amend
the Alcoholic Beverage Control 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1687, by the Senate Committee on Rules, Senate
Print Number 4791C, an act authorizing the
City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
5369
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1688, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8466 and substitute it
for the identical Senate Bill Number 5091,
Third Reading Calendar 1688.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1688, by the Assembly Committee on Rules,
Assembly Print Number 8466, an act to
authorize the Commissioner of General
Services.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5370
THE SECRETARY: In relation to
Calendar Number 1689, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8592 and substitute it
for the identical Senate Bill Number 5363,
Third Reading Calendar 1689.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1689, by the Assembly Committee on Rules,
Assembly Print Number 8592, an act to amend
the Insurance 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1690, Senator Maltese moves to
5371
discharge, from the Committee on Rules,
Assembly Bill Number 8910A and substitute it
for the identical Senate Bill Number 5411A,
Third Reading Calendar 1690.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1690, by the Assembly Committee on Rules,
Assembly Print Number 8910A, an act to amend
the Arts and Cultural Affairs 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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1691, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8716 and substitute it
5372
for the identical Senate Bill Number 5634,
Third Reading Calendar 1691.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1691, by the Assembly Committee on Rules,
Assembly Print Number 8716, an act to amend
the Domestic Relations 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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1692, by Senator Padavan, Senate Print 5688,
an act to amend the Education Law.
SENATOR BRUNO: Is there a
message of necessity at the desk?
5373
ACTING PRESIDENT McGEE: Yes,
there's a message at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1693, by the Senate Committee on Rules, Senate
Print Number 5695, an act to amend the Public
Authorities Law and the Tax Law.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
5374
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor 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.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1694, by Senator Flanagan, Senate Print 5696,
an act to amend the Legislative Law.
SENATOR BRUNO: Is there a
message of necessity at the desk?
5375
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor 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.
THE SECRETARY: Section 12 --
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1695, by the Senate Committee on Rules, Senate
Print Number 5697, an act to amend the Civil
Practice Law and Rules.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
5376
a message of necessity at the desk.
SENATOR BRUNO: I would move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor 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 PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1696, by Senator Morahan, Senate Print 5698,
an act to provide for the election of
delegates.
SENATOR CONNOR: Point of order,
Madam President. May I raise a point of
order?
ACTING PRESIDENT McGEE: Senator
Connor.
5377
SENATOR CONNOR: We are in the
session of June 19th, and this bill doesn't
exist because the copy I have says it's
printed on June 20th. So the bill doesn't
exist in the session of June 19th, and I don't
think we can do anything on it, I mean, until
tomorrow, June 20th. The bill says June 20th.
That's my point of order, Madam
President. The bill doesn't exist on
June 19th.
ACTING PRESIDENT McGEE: Senator
Connor, I'm informed that the bill was in
place on June 19th.
SENATOR CONNOR: But the bill was
printed on June 20th, Madam President, so it
doesn't exist on June 19th. I have the bill
here.
ACTING PRESIDENT McGEE: The bill
was filed in the Senate, I am informed, on
June 19th.
SENATOR CONNOR: May I then move
that someone correct the date on the printed
version of the bill. Because it says
June 20th, 2003, on it, is the date
introduction.
5378
Somebody want to change it?
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR CONNOR: Oh, now it says
19th.
(Laughter.)
SENATOR BRUNO: Madam President,
it's been recognized that Senator Morahan has
always been ahead of his time.
(Laughter.)
SENATOR BRUNO: Can we lay it
aside temporarily, Madam President.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1698, by the Assembly Committee on Rules,
Assembly Print Number 9075, an act to amend
Chapter 352 of the Laws of 1999.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5379
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1699, by Senator Hannon, Senate Print 2949A,
an act to amend the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1700, by Senator Seward, Senate Print 5700, an
act to amend the Insurance Law.
SENATOR HASSELL-THOMPSON: Lay it
aside.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: There is
a message at the desk.
SENATOR BRUNO: I would move to
5380
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The bill is laid aside.
SENATOR SALAND: Madam President,
can you tell me what bill is before the house?
ACTING PRESIDENT McGEE: There's
no bills before the house at the present
moment.
SENATOR SALAND: Thank you.
ACTING PRESIDENT McGEE: You're
welcome.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I would
like to request unanimous consent to be -- to
go home.
(Laughter.)
SENATOR OPPENHEIMER: -- to be
5381
recorded in the negative on S2255. I don't
have the Calendar Number. S2255.
ACTING PRESIDENT McGEE: Without
objection.
Senator Rath.
SENATOR RATH: Madam President,
request unanimous consent to be recorded in
the negative on Calendar Number 1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator LaValle.
SENATOR LaVALLE: Madam
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we now go to the controversial reading of
the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1684, substituted earlier today by Member of
5382
the Assembly John, Assembly Print Number 15A,
an act to amend the Public Health Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Spano, an explanation -- Senator Hannon, an
explanation has been requested.
SENATOR HANNON: Madam President,
this bill would ensure the immediate
availability of emergency contraception to a
sexual assault victim who seeks emergency
treatment for rape in a hospital in New York
State.
It would require hospitals to
provide information on emergency contraception
and, if requested, the actual emergency
contraception to the victims.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
for a few brief questions.
ACTING PRESIDENT McGEE: Senator
Hannon --
SENATOR HANNON: Yes.
5383
SENATOR SCHNEIDERMAN: Or, excuse
me, if the chairman. I know Senator Spano
wishes he were here for this, but I appreciate
Senator Hannon stepping in.
This bill provides -- requires
every emergency room to provide emergency
contraception to rape survivors. And on page
2 indicates that the only circumstance under
which it would not be required of a hospital
is unless there's a contraindication. And it
goes on to explicitly provide that no hospital
may be required to provide emergency
contraception to a rape survivor who is
pregnant.
Is there any other contraindication
of which we're aware that might also excuse
the provision of this essential product?
SENATOR HANNON: Not to our
knowledge at all.
SENATOR SCHNEIDERMAN: Thank you.
And I would -- I think I'll proceed
on the bill now. Thank you very much.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: The hour
5384
is late. This is -- I'm very happy that we're
here passing this piece of legislation.
This originally was provoked by a
report in December 1999 by New York NARAL,
which showed that 54 percent of the hospital
emergency rooms in the state of New York did
not provide emergency contraception to rape
survivors.
The legislation came about because
a group of us met with the Health
Commissioner, and the Governor, frankly,
refused to do this by regulation, which he had
the power to do.
I introduced a bill, and very
shortly after that Senator Spano introduced a
bill, and, working with Assembly members John
and Glick and several others, this has come to
fruition.
I think that even at this point the
Catholic Conference, I'm very pleased to say,
has withdrawn its opposition.
This is a great bill. This will
provide essential services to many, many women
in New York who are in need of them, who
deserve them.
5385
I appreciate Senator Bruno's
letting this come forward. And this is a
fine, fine piece of legislation to close out
whatever day this is, the 19th or the 20th.
Thank you.
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Very, very
briefly on the bill.
The fact is that there are more
than a thousand women in New York who are rape
victims who have been sent away from hospital
emergency rooms and now, with the passage of
this bill, they will have the opportunity to
prevent a pregnancy through these emergency
contraception bills.
The fact is that most hospitals in
New York State do provide emergency
contraception. It's those that don't that now
will be required to counsel and to offer the
emergency contraception right at the site at
the hospital.
And as we know, EC is very
time-sensitive. It's very important that the
rape victim get this attention within 24
5386
hours. It does work up to 72, but not as
well.
And so I think we should emphasize
just one thing -- and then I'll be
concluding -- that emergency contraception
prevents a pregnancy before it is established.
EC does not interrupt, disrupt or harm
pregnancies that have been established within
the woman.
So I think this is a bill that,
after a tortuous and lengthy trail which has
been outlined by Senator Schneiderman, it
seems to have agreement by all parties. It is
a wonderful bill. And I am so happy to see
that we have everybody on board on this bill.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5387
THE SECRETARY: Calendar Number
1687, by the Senate Committee on Rules, Senate
Print Number 4791C, an act authorizing the
City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
SENATOR PATERSON: Explanation.
SENATOR MALTESE: Madam
President, this bill authorizes the City of
New York to discontinue the use of certain
lands as parklands.
The purpose of the bill is to
provide for the alienation of parkland in
Van Cortlandt Park. Section 1 of the bill
provides for the alienation of parkland for
the purpose of constructing and operating a
water treatment facility capable of treating
up to 290 million gallons of water per day
from the Croton Watershed.
Madam President, this is pursuant
to a consent decree entered into by the United
States. Therefore, the City of New York and
the Department of Health is under an absolute
obligation to filter the water from the Croton
5388
Watershed. And therefore, this bill, the --
also, the City of New York has executed a
memorandum of understanding that they will
return the parkland to its original state or
better subsequent to the construction of the
facility.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Maltese would yield for
a question.
ACTING PRESIDENT McGEE: Senator
Maltese, will you yield for a question?
SENATOR MALTESE: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, many
are concerned about the location of this
plant. There is very little available
parkland in New York City, the least of which
would be in the Bronx.
This particular area would actually
be twice the size of the old World Trade
Center site. There would be construction that
5389
would exist until the year 2010. There will
be the use of trucks which often pollute the
air. One of the reasons that the asthma rate
is considered to be very high in Manhattan
Valley, West Harlem, and Washington Heights is
because of the trucking that goes up the West
Side Highway.
New York is 21st out of the 25
listed states in terms of least density, and
therefore is one of the most dense cities in
terms of population. This site is not more
than a few hundred yards from Montefiore
Children's Hospital and a very dense
residential area.
My question is, based on those
reasons, how would we want to pick this site
for the water filtration plant?
SENATOR MALTESE: Madam
President, the selection of the site I do not
have information on, that specific site.
But the memorandum of understanding
that has been entered into by the city does
provide for New York City to set aside the
fair market value of lands being alienated for
acquisition.
5390
In addition, the City of New York,
it would identify additional lands for park
improvement and acquisition projects.
The question of where the water
treatment facility is located I assume was
entered into at the advice of experts. The
fact of the water filtration -- the necessity
for this water filtration camp is indicated by
fact that the Croton Watershed is the smallest
of the three surface water systems that
together supply drinking water not only to the
city but to approximately 1 million residents
outside of the city.
The Croton Watershed provides
approximately 10 percent of the city's average
daily demand during periods of normal
rainfall, and up to 30 percent of the city's
average daily demand when rainfall is below
normal.
Madam President, I have to believe
that the City of New York entered into this --
has proposed this legislation as a result of
study. The City of New York has no desire to
alienate the good graces and the feelings and
the neighbors of Van Cortlandt Park or any
5391
other parkland.
This seems like an act of
necessity, acting under a consent decree
entered into by the United States of America.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I want to thank Senator Maltese for
his answers.
He does make the case for the need
for the water filtration plant, and he does
make the case for a process by which it was
determined that the use of this is very
important and that it is a necessity.
I did not feel that I understood
how they came to this decision, other than the
fact that he did tell us that experts decided
it. Cynically, I wonder where the experts
live. But the reality is that the siting of
these facilities is going to be one that will
probably be opposed by whatever community that
they adjoin. And that's why I think it is
very important that there be some equity in
the site selection process.
I guess the necessity inevitably
5392
convinces me that it is important. But if
there is any more information about how these
decisions are reached, I'd be interested in
hearing it.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thank you,
Madam President. I think I'll just speak on
the bill.
I think the cart has been placed in
front of the horse in this particular
instance. The New York City DEP has not
provided the essential information that has
been requested and indeed is required by law
to be filed with the State Office of Parks,
Recreation and Historic Preservation, and
shared that information with the Senate and
the Assembly.
And that has to be done before a
municipality requests state approval for
alienation of parkland. Therefore, I feel
we're being asked as legislators to vote in a
blindfolded, certainly in a premature manner.
This bill would alienate parkland
5393
over the objections of local Assembly members
whose constituents are demanding that New York
City follow the SEQRA process. This bill
would approve alienation of parkland before
the DEP substantiates that it is the best
site.
And of course I would have to
mention here that we think the best site is in
Westchester. And we have a community in
Westchester that wants this site -- this built
in our county.
The fact is, if you do build this
in the Bronx, it is south of Westchester. And
that means that the water that we drink --
which is largely, almost exclusively, in
Westchester County, New York City water --
would not have the same filtration and
therefore would require, I guess, a second
filtration plant to be built in Westchester to
take care of that 10 percent of our water
which comes from the Croton reservoir system,
where 90 percent of it comes from the Delaware
and Catskill system.
So I think wherever this is built,
we are going to offer the jobs to the
5394
laborers, who I know very much want this in
the Bronx. But it would also have to be built
in Westchester as well, and those jobs would
be available to those laborers.
So I'm going to be voting no
because I don't know how our water, which is
also New York City water, would be filtered if
the filtration plant is put below our county.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: I'm sorry this
comes up so late, because I worked very hard
on this project as a member of the New York
City Council, and I chaired the committee this
passed this back in the late '90s. And we're
back here with this now because of a lawsuit
that was filed that required alienation of
parkland we honestly didn't believe we needed
at the time.
We negotiated a $200 million
mitigation package, which still stands. Now
5395
the Senate and Assembly will have some
jurisdiction over it.
But in answer to some of the
questions, I feel the need to tell you, since
I spent so much time on this, a couple of
things. Number one, the pipes only go through
a certain part of the Bronx and Westchester.
So you can only build it in a few different
places. It's like you can't build a railroad
station where there are no railroad tracks.
The tracks have got to come first.
We looked at a number of sites.
The most preferable site, despite some of the
verbiage in some of the memos I've seen, is
the Jerome Park Reservoir, which DEP of the
City of New York owns. And it's used for
water.
However, the opponents, some of
them still opposing this plant, were against
Jerome Park because they felt it impacted on
the neighborhood and lots of people live there
and have waterfront views and they wouldn't
have those anymore.
So we said fine, we'll look at
other alternatives. We looked at a recreation
5396
area in Van Cortlandt Park, in the Shandler
Recreation Area. And I know there were some
objections by members of this body on that
site, so we rejected that.
And we came to the Mosholu Golf
Course, and that's where this proposal is
today.
Three well-recognized environmental
groups agree on the need to have this plant.
They don't want to say where, because there is
some concern by different people if we put it
in one place, people will resent it. It's got
to go somewhere. It's got to go somewhere.
And we don't have any choice but to
build it, because the city is under a consent
decree from the federal government. So it's
got to be done. So if it's not there, where?
Senator Paterson raised that question. And I
agree with him, if not there, where?
But I looked at all the sites, and
the City Council looked at all the sites, and
that's where they decided to put it because
that's the site that had the least opposition
from people in the Bronx. And in fact, we
were told by many of the people opposing it
5397
today that they would be a lot happier if we
just put it in the Mosholu Golf Course and
under Van Cortlandt Park.
P.S., for those of you who don't
know the New York City water system, there
happens to be this huge chamber under Van
Cortlandt Park right now, and you'd never know
it was there, because it's about twenty
stories underground, under the park, in
another section of Van Cortlandt Park. And it
exists, no one knows it's there, and the park
remains a park.
Yes, there will be disruption in
the park over the years that this will be
built. Yes, there will be a rejiggering of
recreation in Van Cortlandt Park. But the
fact remains, we have to build this. And if
we keep dawdling, if we keep saying not here,
not here, not here, we're running out of
places.
And with respect to my colleague
from Westchester, there are lots of people in
Westchester said we could build it there until
we actually selected a site -- or talked about
a site. And then every time we talked about a
5398
site, they said, Well, not there, and not
here.
And this has got to be the best
site. I believe it's the best site. And with
regard to filtration of the Westchester water
that doesn't get down to this because the
pipes run, believe it or not, by gravity, the
city would be required, I believe, under our
current agreements with the other counties, to
build you a small filtration plant at the
ratepayers of New York City's expense.
Which we do in various parts of
everyone's district. In the watershed in
Cat/Del and Croton, we do that now. And I
assume that would be part of the continuing
agreement on cooperating with upstate counties
on water.
So I looked at this for a long
time, as did members of the City Council.
It's the best answer to a bad problem. I
believe we have to build it, and I believe we
have to build it there. And I honestly don't
see another site that's acceptable.
Thank you.
ACTING PRESIDENT McGEE: Senator
5399
Connor.
SENATOR CONNOR: Thank you, Madam
President.
Our colleague Senator Sabini said
the magic word for many members. You know,
you read the memos from the environmental
groups, and they worry about replacing trees
and parkland and so on. But I say to my
colleagues, he said the magic word. This is a
golf course.
And I had occasion three or four
weeks ago to actually stand where they're
going to do this. My son was playing a high
school golf match at the Mosholu course.
And by the way, for my colleagues,
the Van Cortlandt Golf Course -- which one of
the environmental groups points out, oh, it's
a public course, you can get to it by
subway -- I point out to my colleagues, it is
the first and oldest public golf course in
America. It goes back into the 19th century
when members of what had been a private club,
the Mosholu Golf Course, got the city to found
the Van Cortlandt Golf Course.
The Mosholu Golf Course, once 18
5400
holes, lost nine of its holes to a play and
recreation area in a forested area. What is
there on the nine holes that will be affected?
A program called First Tee. And I observed
First Tee firsthand. It is supported by
not-for-profit monies by some very
prominent -- the late Mr. Rudin, I think, gave
a lot of money toward it. It is a golf
education center for young children.
And it's a program where when the
children come and they don't have golf clubs,
they give them golf clubs, they give them
instruction. They have practice tees. They
have practice greens. They have great
practice facilities for very young kids.
And I watched a lot of these kids
out there. And there are a lot of kids in the
Bronx, children of color, working-class kids,
who, my colleagues, don't have parents who
take them to the country club, don't have a
chance to play the wonderful sport of golf, a
lifetime sport -- because I'm not suggesting
they're all going to go on the pro tour. But
who knows?
But it's a lifetime sport. And we
5401
all know it has business and social
implications. And these kids, as a result of
that program, are getting to play golf, to
learn how to play golf and be exposed to golf.
That's what goes on at the Mosholu
Golf Course. It is basically -- high school
teams get to play their matches there, but
it's for younger kids, even, in a program
called First Tee.
And my problem with this is -- and
I understand the City Council was confronted
with a problem and all. But in New York City,
we have a forgotten group, the kids. The
kids.
You know, my son plays on a high
school football team. It's the oldest high
school football program in America, a hundred
years old. They've never had a field. They
don't have a field to practice on, they don't
have a field to play on regularly. Not in a
hundred years they don't. And that's typical
of how we treat our kids in New York City.
So here's a place that they put
aside, they put aside a nine-hole golf course
with practice facilities and all, for kids.
5402
Mostly kids in the Bronx, mostly minority
kids. They get to do something they couldn't
get to do in a million years otherwise.
And we're going to shut this down.
And they'll tell you, the proponents of this
will say: Oh, but in seven or eight years
after we build it, we'll restore it. Right.
And that 9-year-old kid will be 16, and the
12-year-old kid will be 20. You don't get
those seven years back.
And I appreciate all the opponents
of this, the environmental concerns they
raise. I also appreciate all the letters I've
gotten from all the unions that want the work.
But they're going to get the work, because
there will be a filtration plant built
somewhere.
I am just not convinced this is the
place to go. I'm not convinced this is the
place to go. Why disrupt a rare program that
our kids get to use, the kids get to use, and
put aside that for seven or eight years?
Now, the city has said: Oh, we'll
put 243 million or whatever it is, invest it
in the Bronx in other parks and so on. Well,
5403
that's good. But I don't see anybody talking
about youth programs with that money. Are
they talking about -- and there's nothing
wrong with green space and growing more trees
and fixing up smaller parks and so on. But I
don't know that that money is guaranteed for
that.
And I don't know -- you know,
it's -- and the Court of Appeals, when they
decided an earlier version of this, naturally
it is parkland. But it is what for some of us
is probably the most wonderful parkland, it's
a golf course. And a golf course that does
great things for kids, that literally runs a
program, a very expensive program for kids who
couldn't afford it. And it runs it all summer
and fall and spring.
And nobody said, Well, where are
you going to put First Tee for these seven
years? How are you going to replicate that
program? That program in the Bronx, for those
kids. And until somebody answers these
questions for me, I'm tired of New York City's
great urban needs for space in Lower Manhattan
for office buildings and so on and so forth,
5404
always trumping our kids, always trumping a
place to play ball, always trumping a place
for kids to do these things.
And that's the unfortunate reality
of that urban area, and those of you who
represent it on both sides of the aisle
understand that. Our kids don't have enough
places to play. They just don't.
And I'm not ready to vote to tear
up the Mosholu Golf Course, put aside this
wonderful youth golf program for seven or
eight years while they build this plant.
There's got to be a better alternative.
People have to look for that alternative.
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Thank you, Madam
President.
I am from the Bronx, and I know the
politics of the Bronx. I hate to see -- I
hate to see the City of New York get penalized
to pay extra fines, to pay extra money to move
this project to another place because of
personalities, because of two macho men in my
borough. I say, over my dead body.
5405
So the City of New York will get
penalized because these two macho men -- what
these two macho men from the Bronx have to
understand is that this plant has to be built.
And the Mayor's office and everyone is saying
that this is the best place to build this
plant.
So let's stop the macho men, and
let's stop the politics of who got more power,
and let's do what's right for the City of
New York. And what's right for the City of
New York? To stop this kind of nonsense. And
let's build this plant where it was supposed
to be built, in the place that has been
chosen, in the place that will be cheaper for
the city, in the place that will create jobs
for the Bronx, in the place where it will be
done better, and in the place where that park
would be built in better form than it is.
So let's stop our nonsense, and
let's call things the way they are. Two macho
men from the Bronx trying to stop this. One
saying, Not in my backyard, not in here, not
in there, and one saying, Over my dead body.
Ladies and gentlemen, I am from the
5406
Bronx, and this plant should be built in the
Bronx. We want this in the Bronx. And it
should be built in the place that has been
chosen.
Thank you very much.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
While I may not be from the Bronx,
84 percent of my district is in the Bronx.
And this community abuts my district. But for
the creative redistricting, this would be in
my neighborhood.
However, I don't know who the macho
men are and all the people who don't want it,
but I can tell you about the residents that
don't want it. I can tell you about the
children who benefit from the programs that
are there. Not just from the golf courses,
but 48 acres of greenland in the Bronx is like
taking all the oxygen out of the area.
And for those who don't live there,
it doesn't matter to you. But for those of us
who do live there and who benefit from this
5407
open space, understand that there have been
other options and choices that have been
chosen.
And it's very interesting that
the -- that everybody heard everything except
the one thing that my colleague said: the
least resistance. And the people who live
there are always the ones who get dumped on
because they have the least representation.
Well, I'm here to tell you that I
represent them, and we don't want it.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I concur
with what many of my colleagues have already
said. This is a terrible place for a
filtration plant. And I would urge everyone
considering this that there is a site that has
been identified -- not parkland -- under the
Major Degan, all it requires is an engineering
study. There are other options available.
5408
This legislation has been pushed
through by a process that has resulted in
extraordinary contradictions between the bills
and the testimony of those who have been in
support of it; notably, the testimony before
the Assembly Committee on Cities.
This plant is an extremely
dangerous plant. It's going to be across the
street from residential housing in a
moderate-income community. The community
center serving 20,000 children that serves
this community is four blocks from the plant.
It is across the street from a center for
people with disabilities, it's less than half
a mile from the Montefiore Children's
Hospital.
This is a plant that's going to
have 460,000 gallons of chemicals that the EPA
has identified as hazardous stored there at
all times. This is, in fact, the type of
plant that has been referred to in our
discussions on homeland security as a very
dangerous potential terrorist target.
During the construction process,
we're told, there will be trucking 16 hours a
5409
day, six days per week, just to move the waste
in and out.
Most significantly, though, there
really has been a lot of double-talk about
what this is going to look like at the end of
the day. We were told that the filtration
plant would be 28 acres and that there would
be restoration, the park would be rebuilt over
the plant.
Unfortunately, this bill actually
alienates nine parcels that total 42 acres and
only provides for 5 acres to be restored. So
we're going to lose, as Senator Connor pointed
out, the golf course. We're going to lose a
lot of other valuable space also. Forty-two
acres is an enormous, enormous piece of
property. It is equal to 38 football fields.
That is a big chunk of green space in the
Bronx that's going to be lost forever.
I agree, we need construction jobs,
we should have the jobs. I agree that we will
have the jobs if we build in an alternative
location. I'm sorry we're here so late
dealing with this issue. I do think there is
another site available, and I do think that
5410
there are people in the community who are very
much willing to work with the city to find
another site.
This is a terrible location for a
plant. There are better alternatives. I'm
going to vote no, and I urge all my colleagues
to vote no.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1687 are
Senators Andrews, Connor, Gonzalez,
Hassell-Thompson, L. Krueger, Oppenheimer,
Schneiderman, Stachowski. Also Senator Duane.
Ayes, 52. Nays, 9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. I'd like unanimous consent
5411
to be recorded in the negative on Calendar
Number 1683.
ACTING PRESIDENT McGEE: With no
objections.
Senator Montgomery.
SENATOR MONTGOMERY: Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar
Numbers 1679 and 1680.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1692, by Senator Padavan, Senate Print 5688,
an act to amend the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: As most of you
will remember, last year we totally revamped
5412
the educational system in the City of
New York, giving the mayor significant
authority, restructuring many of the
components of that large educational complex
of over 1 million students.
One of the things we did in the
process was create a task force to report back
to us by the middle of February on what to do
about our community school boards. They did
their work, and they did it rather well, the
10-member task force appointed by both houses.
We took the essence of that study
and its recommendations and transposed it into
legislation, which is what is before you.
We are creating in each community
school district in the City of New York a
parent council made up of nine parents; two
individuals appointed by the borough
presidents, with broader expertise and
knowledge beyond the particular district,
perhaps; and an ex officio member who is a
student.
In addition to having one of these
parent councils in each district, we have a
citywide council for those children in what we
5413
normally refer to as District 75, special ed
children. The parents will be on that panel
as well and that council as well. However,
the two additional individuals would be
appointed by the Public Advocate.
The process for selecting the
parent members of these councils will be, as
required by the legislation, developed by the
chancellor. It is required that this be done
by the end of October. Those councils will
then serve for the remainder of a two-year
term, and then thereafter they would be
reelected or reappointed, I should say, every
two years.
That's the essence of the bill.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 17. This
act shall take effect --
ACTING PRESIDENT McGEE: Senator
Andrews.
SENATOR ANDREWS: Madam
President, would the sponsor yield for a
question. Or Senator Padavan.
ACTING PRESIDENT McGEE: Senator
5414
Padavan --
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR ANDREWS: Senator
Padavan, I look at this bill and it says that
we have these parent advisory councils and
they set some rules and charges for them -- to
meet regularly, to prepare meeting notices and
minutes, and to appoint a secretary to do
these functions.
Is this secretary one of the
members of the parent council, or is this a
separate employee that's --
SENATOR PADAVAN: A separate
employee.
SENATOR ANDREWS: -- that's going
to be paid to --
SENATOR PADAVAN: Paid for by the
Board of Education.
SENATOR ANDREWS: Okay. And as
relates to the special education citywide
component, that same person, that secretary,
will be employed --
SENATOR PADAVAN: Same thing,
5415
yes.
SENATOR ANDREWS: And who picks
this person?
SENATOR PADAVAN: The Department
of Education would pick that person. They'd
be hired through the same personnel process
that any secretary is hired.
SENATOR ANDREWS: Okay. So under
the old process with the school boards, the
secretary and the executive assistant to the
school boards were hired by the school board
members.
Now, this person will not be hired
by the parent advisory council; right?
SENATOR PADAVAN: That's correct.
What we wanted to do is to ensure,
number one, that the duties and
responsibilities of the parents' council were
as comprehensive as we possibly could do it.
The task force I think gave us that in
abundance, and we've transposed that into the
bill.
We also wanted to make sure they
had the resources to do their jobs, to do what
we expect of them. And one of them is to have
5416
a secretary to handle in its outlines what the
functions of that secretary will be in every
district for every parent council.
SENATOR ANDREWS: Through you,
Madam President, will the sponsor yield to
another question.
ACTING PRESIDENT McGEE: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
SENATOR ANDREWS: How many
children, approximately, are in special
education now?
SENATOR PADAVAN: Citywide?
SENATOR ANDREWS: Citywide, yes.
SENATOR PADAVAN: I'm not sure,
Senator. I don't want to really guess.
SENATOR ANDREWS: Through you,
Madam President, another question to the
Senator Padavan.
SENATOR PADAVAN: Yes, go ahead.
SENATOR ANDREWS: Would it be
safe to assume it's over maybe 300,000 or
200,000?
SENATOR PADAVAN: No, absolutely
not.
5417
SENATOR ANDREWS: Not that many
kids?
SENATOR PADAVAN: We have
1.1 million total students in the entire
system. Special ed students would probably be
a significantly smaller percentage than what
you just suggested.
SENATOR ANDREWS: Would the
sponsor yield?
SENATOR PADAVAN: Maybe
10 percent at best.
SENATOR ANDREWS: Right now,
under this present system, each school
district has their own special education, or
there's one special education board for the
whole --
SENATOR PADAVAN: District 75 is
a citywide -- and that's why it's called
District 75 -- citywide component that exists
that deals with special needs of children that
fall in those categories. And we want them to
have the same opportunity for parental
involvement, parental oversight, parental
interface with those who are responsible for
the education of those children.
5418
And that's why we created this
council for them.
SENATOR ANDREWS: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1694, by Senator Flanagan, Senate Print 5696,
an act to amend the Legislative Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Flanagan, an explanation has been requested.
SENATOR FLANAGAN: Thank you,
Madam President.
A couple of different things about
this bill. There are -- this is a lobbying
reform bill, and it has a judicial component
5419
as well. I think there are several basic
points that I would like to make.
Number one, I would like to thank
Senator Bruno. I've had a number of
discussions with him on this subject over the
last several months. And I'm glad to see that
we have this bill before the house. So I
think that's an important component. And I
know how seriously he takes this issue because
of the number of conversations I've had with
him personally on this subject.
But in relation to the bill, there
are things that everybody should know.
There's been a lot of discussion and a lot of
talk about procurement. There's been a lot of
discussion and a lot of talk about contingency
fees. This bill changes that. That's a
pretty substantial change in the law.
And it not only applies to state
agencies and state authorities and the
Legislature, it applies to all municipalities
throughout the State of New York. So that is
a significant change from present law.
We also changed the composition of
the Lobby Commission. The Lobby Commission
5420
goes from six members to eight members. Right
now, the Governor has two appointments on the
Lobbying Commission. This would increase the
Governor's two votes, or two members on the
commission, to four. However, the voting
status of all the members would remain the
same. There's six total votes; the Governor
would have two nonvoting members added to the
commission.
And we also create a judicial
commission with ten members, seven appointed
by the Executive, one by the leader of the
Senate, one by the leader of the Assembly, and
one by the Attorney General. And the charge
of that commission, frankly, is to come back
over the course of the next about eight months
and report back to this Legislature by
February 1st of 2004 on recommendations in a
number of key areas.
And I think conceptually there are
two basic points I would like to make in
relation to this subject and, frankly, any
piece of legislation that is out there on this
subject.
I try and talk to my own kids about
5421
government and what's the role of government
and how and why we make laws. And one of the
things, you know, when you're talking to kids
who are in school, regardless of their age,
you try and keep the message as concise and as
simple as possible.
And one of my points to them is
many times we make laws to protect people in
the realm of the public good, but there are
times when we make laws not to go after the
good guys but to go after the bad guys, to
avoid potential problems and to correct some
problems that may exist.
I think what we're trying to do
here is take a step forward, advance reform,
real reform, true and substantive reform.
And because we're here and we work
in a governmental and a political and a
legislative body, I want one thing to be
reminded to everybody who may listen and who
may opine on this subject here and sometime
tomorrow, that the overwhelming majority of
people who work in this institution and in
Albany and around Albany do the right thing.
People try very hard and are very
5422
dedicated in the work that they do. Here we
are, after 4:00 o'clock in the morning.
People are overwhelmingly dedicated and
professional and maintain the strictest and
highest levels of integrity.
But every now and then, there are a
couple of people who don't follow that
standard, so we have to think hard and long
about what we do. And I believe this bill
goes a long way towards addressing some of
those problems.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I guess I'll start with a point of
order. Does this bill have a memo attached to
it? It's my understanding that we would need
to have a memo for this to be properly before
the Senate, particularly since it's dated the
19th, which might be yesterday or might be
today, and it's a very complex bill.
Is there a memo?
ACTING PRESIDENT McGEE: I'm not
sure what you mean. You mean a message of
5423
necessity?
SENATOR LIZ KRUEGER: No, a bill
memo. Sponsor's memo.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, do I have a sponsor's memo with my
name on it? No, I do not.
But I was asked for an explanation
of the bill, and I think I gave a very
detailed explanation of the components of the
bill. I'd be happy to answer any questions on
the substance of the bill. But I believe I
touched on all the salient points of the bill.
SENATOR LIZ KRUEGER: Just again
on a point of order, should there be an actual
memo in the sponsor's name for this bill for
us to be reviewing it tonight? I'm being
advised that the Senate rules require a
sponsor's memo be available.
ACTING PRESIDENT McGEE: It's my
understanding that the Senate rules do call
for a memo, and it's my understanding that
there is a memo as a work in progress on the
bill.
5424
SENATOR LIZ KRUEGER: Madam
President, could I recommend that we lay it
aside until we get the memo available.
SENATOR FLANAGAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: I'd like to be
heard on the point of order.
ACTING PRESIDENT McGEE: On the
point of order.
SENATOR FLANAGAN: It is twenty
after 4:00 in the morning, and I think we
would all like to move ahead as expeditiously
as possible. I don't think there's any reason
to delay. I think this is a very important
subject. We can engage in a colloquy and
discussion right now as to the merits and the
substance of the bill, and I think we should
move forward.
SENATOR CONNOR: Point of order,
Madam President.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: A point of order
5425
is not debatable.
ACTING PRESIDENT McGEE: I beg
your pardon, sir?
SENATOR CONNOR: A point of order
is not debatable. I'm hearing debate on it.
ACTING PRESIDENT McGEE: Just one
moment.
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
The Secretary will read.
THE SECRETARY: Calendar Number
1695, by the Senate Committee on Rules, Senate
Print Number 5697, an act to amend the Civil
Practice Law and Rules.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5426
is passed.
THE SECRETARY: Calendar Number
1696, by Senator Morahan, Senate Print 5698,
an act providing for the election of
delegates.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: I would move to
accept the message, Madam President.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5427
roll.
SENATOR SABINI: Explanation.
SENATOR CONNOR: Madam President,
just through the miracle of time travel, this
bill has now been introduced on June 19th.
And I believe the message is in order.
So I withdraw my prior objection,
and I'm supporting the bill. And I'm just
glad we could travel back through time and
solve the problem.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR SABINI: Explanation.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Thank you,
Madam President.
This act provides for the election
of delegates to the national party convention
or a national party conference in 2004, in the
spring and fall primaries in such year, and it
amends the Election Law in relation to
electing delegates to a national party
convention and providing for the repeal of
certain provisions upon the expiration
5428
thereof.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: In the interests
of time, I won't go through a lengthy colloquy
with Chairman Morahan.
I just want to point out to my
colleagues that the bill applies not
exclusively but suggestively to the Republican
Party, which I am not a member of. But what
the bill does do is says that it's a
winner-take-all presidential primary.
That means you could get 49 percent
of the vote, 49.9 percent of the vote in a
two-candidate race in New York State and get
no delegates, or in a five-candidate race you
could get 25 percent and get all the
delegates.
Now, I don't happen to subscribe to
the Republican Party, but in the interests of
democracy with a small "d," I think that the
5429
members should know that at least in my party,
we don't allow this in any state. We won't
seat delegates from states that have that
rule.
And if you're interested in
pluralism within your party, you'll cast a no
vote.
Thank you.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Yes, Madam
President.
Just let me say while I think it's
an unwise choice the Republican Party makes
when it has a winner-take-all primary -- and
it's probably why, in the last presidential
election, the Democrat got 2 million more
votes than the Republican -- but the fact is
it is, in my opinion, their business.
And if they want to make that
unwise choice and in effect discount their own
primary voters' votes, then it's -- they will
have to answer to those voters.
And in the spirit of what I said
earlier about each party according the other
5430
its First Amendment rights to organize itself
any way it wants, wisely or unwisely, I'll be
supporting this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak upon the bill?
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: Those recorded in
the negative on Calendar Number 1696 are
Senators Duane, Sabini, and Schneiderman.
Ayes, 58. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1699, by Senator Hannon, Senate Print 2949A,
an act to amend the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first --
SENATOR STACHOWSKI: Explanation.
5431
ACTING PRESIDENT McGEE: Senator
Hannon, an explanation has been requested.
SENATOR HANNON: This would
subject both certified home healthcare
agencies and licensed home healthcare agencies
to reporting requirements and add caps to the
administrative percentages of expenses that
are now applicable to certified home health
agencies to licensed home health agencies.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Would the
sponsor yield to a couple of questions.
ACTING PRESIDENT McGEE: Senator
Hannon, will you yield for some questions?
SENATOR HANNON: Yes.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR STACHOWSKI: I have a
memo in opposition from the licensed home
health-care providers, and they're concerned
about the fact that this is another cap on
their reimbursement rate already, and that it
makes for an unlevel playing field.
Do you have any response to that?
5432
SENATOR HANNON: Is that a memo
on the amended bill or on the --
SENATOR STACHOWSKI: It's on
2949A.
SENATOR HANNON: Okay. Well,
there is a cap currently on certified home
healthcare agencies. Those are the big
agencies. They contract with licensed home
care agencies. The cap on administrative
expenses on the big agencies is on their
administrative expenses.
There is a thought that there ought
to be a cap on the small ones. Some people
say, well, that's two caps, but it's not on
the same money. It's not on the same
expenses. Because the licensed agencies are
subcontractors of the larger agency.
SENATOR STACHOWSKI: If the
sponsor would continue to yield.
SENATOR HANNON: Yes.
SENATOR STACHOWSKI: Through you,
Madam President, one of the complaints they've
always had, and this is out my way, is that it
always seems that there's a closer scrutiny
and a lower rate for the people north of
5433
Westchester that has a detrimental effect on
delivery in Western New York and obviously a
detrimental effect on what the actual person
that goes to the home makes.
And they seem to think that this
additional charge will only exacerbate that
problem when we had just done some adjustment
in that area, it seems, just recently.
Is that a reasonable complaint?
SENATOR HANNON: I -- there is
some paperwork involved. However, one -- and
one of the things in the course of discussions
on this legislation is we determined that
there is an enormous amount of paperwork
already done. And much of the reporting here
can simply be done as an addition. It really
is not great incremental cost.
That being said, I can't deny that
generally in the western part of the state the
rates for both home care, nursing home, and
other nonhospital services tend to be lower
and place entities there who are delivering
services at greater peril of future survival.
SENATOR STACHOWSKI: Thank you.
On the bill.
5434
ACTING PRESIDENT McGEE: Senator
Stachowski, on the bill.
SENATOR STACHOWSKI: I think
because of the opposition of the agencies
basically that are delivering in my area, and
their concern that this is going to further
make their delivery of service more difficult,
I'm going to vote no.
I think there are some other
reasons that this bill is in. I know that
there's some concern by the operators out my
way that this bill is in also to help some
other situations out.
And for the reasons I mentioned,
and the ones I'm not, I'm going to vote no on
this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Schneiderman.
SENATOR SCHNEIDERMAN: On the
bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I think
this is a very important piece of legislation.
5435
And I hope that the sponsor's message was
clearly understood by all.
There are certified home health
agencies that receive the overwhelming
majority of their funding through Medicaid and
Medicare. These agencies subcontract with the
licensed home care agencies, which are the
sole subject of this legislation.
While the certified home health
agencies have to have caps on administrative
costs and have reporting requirements as to
how they spend our public money, there's a
loophole. The agencies they contract with,
the licensed home care service agencies, do
not have any such requirements.
This bill simply closes that
loophole. It creates a comprehensive
monitoring system. Home care is increasingly
important as our population ages. It is
something we want to promote in this state.
We want more people staying in their homes and
fewer people in institutions.
But in order to do that, as it
expands, we have to have some system for
monitoring this increasingly expensive service
5436
to the public, increasingly utilized service.
And this bill simply closes the loop. There
is now this whole category of agencies that
don't have to file cost reports. They don't
have to report, as the larger agencies do.
So I think this bill actually is a
very positive step as we work towards ensuring
that our home care services, as they expand at
a very rapid rate -- and perhaps not in every
part of the state, but certainly in the city
of New York and the suburbs, they're expanding
at a very rapid rate through these agencies
that up until now are outside the scope of
legal regulation.
I urge support for this bill, I
think it's a good bill, and I think it's only
going to provide better services for our
senior citizens and for us, as we all hope to
live long enough to become senior citizens.
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: It's
happening very rapidly tonight.
I think it should be said -- and I
don't like to disagree with my colleague --
5437
SENATOR SCHNEIDERMAN: Oh, go
ahead.
SENATOR OPPENHEIMER: -- but it
should be said that the licensed home
healthcare service agencies bear a
disproportionate burden as far as their
administrative and general costs are concerned
in the delivery of the home care services.
Last year when the Health Care
Workforce Recruitment and Retention funding
was allocated, they were not included in the
legislation. And now, more than six months
later, subcontracting licensed home care
service agencies are still trying to secure
this pass-through funding from their
contractors.
By imposing these additional cuts
on these same agencies, I think this bill
would exacerbate the current workforce
shortage and access to care.
These agencies are the backbone of
the home care industry, and I think they are
essential to all of us as we age rapidly this
evening.
Thank you.
5438
ACTING PRESIDENT McGEE: Senator
Hannon.
SENATOR HANNON: I want to just
clear up some, you know, misconceptions here.
First of all, these people are a
very important cog in delivering healthcare --
subcontractors to the bigger agencies, but
providing it through entities that might be
hospitals or nursing homes, adult homes,
assisted living, whatever.
And what we have to do is have the
responsibility for making sure that we're
getting a good service delivery for our
dollar.
So the first part of the bill talks
about rounding out the reporting requirements
and requires the bigger agencies who have the
information to do that.
The second part of the bill does
impose a limit on the administrative expenses.
Well, think of that. With that limit, the
rest of the money goes for healthcare, the
whole purpose of the agency.
Now, it's hard to argue -- and we
love the people who come to us and talk to us.
5439
They're the providers. But you know what?
We're not here to be friends with them. Our
duty is to make sure healthcare is going to
the patients.
And that's what this is all about,
to make sure of an efficient delivery of
service to the patients. So we're trying to
get a cap on those costs, make sure that
people who are doing the delivery of services
are paid a living wage. We're talking
differences between a dollar or two an hour,
$6 or $7 an hour. And what for? Good
healthcare to the people who need it.
So I love the people who run these
agencies. They're nice folks. But you know
what? We're here for a mission for
government. It's our taxpayers' money. We
allocate it, we try to get good service, and
that's why this bill is here.
Thank you.
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
5440
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1699 are
Senators Breslin, DeFrancisco, Diaz, Larkin,
Leibell, Maziarz, Oppenheimer, Saland, Seward,
and Stachowski. Ayes, 51. Nays, 10.
ACTING PRESIDENT McGEE: Senator
Saland.
SENATOR SALAND: Thank you, Madam
President. I would request unanimous consent
to be recorded --
ACTING PRESIDENT McGEE: Just one
moment, Senator Saland.
The bill is passed.
Now, Senator Saland.
SENATOR SALAND: Thank you again,
Madam President. I would request unanimous
consent to be recorded in the negative on
Calendar Number 1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Seward.
SENATOR SEWARD: Likewise, I
would ask unanimous consent to be recorded in
5441
the negative on Calendar 1683.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. There are two bills that I would
like unanimous consent to be recorded in the
negative. I don't have the calendar numbers.
It's Senate Bill S5460 and S2545.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on 1683, Calendar Number.
ACTING PRESIDENT McGEE: Without
objection.
Senator Larkin.
SENATOR LARKIN: I request
unanimous consent to be recorded in the
negative on Calendar 1683.
ACTING PRESIDENT McGEE: Without
objection.
5442
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1699.
ACTING PRESIDENT McGEE: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1700, by Senator Seward, Senate Print 5700, an
act to amend the Insurance Law.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to Calendar Number
1694.
ACTING PRESIDENT McGEE: The
5443
Secretary will read.
THE SECRETARY: Calendar Number
1694, by Senator Flanagan, Senate Print 5696,
an act to amend the Legislative Law.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you yield?
SENATOR FLANAGAN: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
We've been blessed by two memos now
on this bill, at this late hour. But I still
have some questions.
ACTING PRESIDENT McGEE:
Certainly.
SENATOR LIZ KRUEGER: Thank you.
Senator Flanagan, as you described
in your explanation, it would expand from six
members of the Lobbying Commission to eight
5444
members of the Lobbying Commission. Four
would be appointed by the Governor, two by the
Senate Majority Leader and the -- or, excuse
me, one each, Senate Majority Leader, Senate
Minority Leader, one each, Assembly Speaker,
Assembly Minority Leader. And no more than
two members appointed by the Governor shall be
voting members. So two would be nonvoting and
two would be voting.
So in a hypothetical situation, we
would have two Republicans from the Governor,
one Republican from the Senate, one Republican
from the Assembly, one Democrat from the
Senate, one Democrat from the Assembly. You
would have a weighted advantage of four to
two, conceivably, on this commission.
Is this any concern about shifting
this to be a perhaps more politicized
arrangement for the Lobbying Commission by the
proposal that the Governor has made where it
adds up partisan -- in a partisan sense
imbalanced?
SENATOR FLANAGAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
5445
Flanagan.
SENATOR FLANAGAN: The simple
answer is absolutely not.
The present law, there's six voting
members on the commission right now. We're
adding two nonvoting members. It doesn't
matter whether the Governor is a Democrat or a
Republican, if the Assembly is Democrat or the
Senate is Republican. There is nothing in the
bill or the law right now that says that the
Governor can't appoint a Conservative or an
Independent or Minority Leader Paterson
couldn't appoint a Republican. They're free
to choose whomever they deem appropriate to
fill these positions.
Hypothetically, that could happen.
Realistically, it could happen. But it's not
going to change the present composition of the
commission.
SENATOR LIZ KRUEGER: Thank you.
Madam President, if, through you,
the sponsor would continue to yield.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you continue to yield?
SENATOR FLANAGAN: Yes.
5446
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you.
This bill seems to have a more
limited definition than the Assembly bill that
I think many of us have been looking at over
the past few weeks, Assembly Bill 9062, that
also attempted to reform the lobbying laws.
And I was wondering if you could
just explain a little bit how this bill
differs than the Assembly bill in terms of the
breadth of scope of what's included for --
excuse me, the hour is so late -- under the
categories of what's defined as a lobbying
activity.
SENATOR FLANAGAN: Well, I would
offer a first observation to suggest that
while the Senate bill is a little more limited
in scope in some areas, it is far more
reaching and covers a great deal more
substance than the Assembly bill does, by
virtue of the fact that we have the judicial
commission. They don't have anything like
that in their legislation.
One of the differences between the
5447
Assembly and the Senate is that the Assembly
bill covers executive orders, implementation
of rules and regulations, and they raise the
threshold from $2,000 to $7,000 for reportable
activities. And frankly, I think that's a
detriment.
We keep the threshold to $2,000,
which is present law. We'll get a lot more
activity covered that way, and we'll have a
lot more reporting than would happen under the
Assembly bill.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you.
I appreciated your explanation.
Although, since the definition of
procurement lobbying is narrower in your
Senate bill than it was in the Assembly bill,
even though it remains at $2,000, since it may
5448
cover a much move limited scope of activities,
dollarwise that may not make the difference.
Because, again, you're not covering as many
categories of activity in the Senate bill as
the Assembly Bill did.
Perhaps I'll just jump to an
example. In this bill, in your Senate bill,
does it include, as a definition of lobbying,
lobbying on executive orders?
SENATOR FLANAGAN: Madam
Speaker -- excuse me. Madam President, I just
answered that question. And the answer is no.
I explained that that was the difference
between the bills.
SENATOR LIZ KRUEGER: I didn't
hear the exact -- Madam President, if, through
you, the sponsor would continue to yield.
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Perhaps because I know the context,
as many of us do, about some stories in the
news recently about different lobbing
situations, but I perhaps don't know how to
5449
define them in the context of your bill, would
your bill capture a phone call from
Senator D'Amato relating to a line of credit
for a downtown office as a lobbying activity
that this bill would apply to?
SENATOR FLANAGAN: I believe it
would, just as it would cover any activities
by people who were advocating on contentious
issues like Destiny and other things like
that.
SENATOR LIZ KRUEGER: Oh. Thank
you.
Madam President, if the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR LIZ KRUEGER: Thank you.
So this bill would include lobbying
related to Destiny USA, since you mentioned,
both in the RFP contracting process and in the
other activities that they have been involved
in through radio and TV and hiring of
5450
lobbyists and coming here? That would all be
covered?
SENATOR FLANAGAN: Madam
President, I'm more than happy to answer new
questions. I don't think it's appropriate for
me to go back and repeat the same answers.
The answer is yes.
SENATOR LIZ KRUEGER: The answer
is yes.
Thank you, Madam President. I want
to thank the sponsor for his answers.
I'm sorry, I have one more question
I would like to ask the sponsor. Through you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Flanagan, would you like to yield for one more
question?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR FLANAGAN: My colleagues
don't want me to, but I will yield for one
more question.
SENATOR LIZ KRUEGER: Thank you.
This bill not only covers lobbying;
5451
it covers, as you mentioned, judicial
accountability, a whole new topic that I did
not delve into.
But it also would apply to local
governments for lobbying, which I would
gather, then, means this would supersede all
local laws for New York City, other counties
and other localities of the state that may
have their own lobbying laws and lobbying
commissions.
Is that your understanding, this
supersedes everyone else's laws in the state?
SENATOR FLANAGAN: Yes.
SENATOR LIZ KRUEGER: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Liz Krueger on the bill.
SENATOR LIZ KRUEGER: Thank you.
The hour is extraordinarily late --
or early. This is -- but this is an
extraordinarily complex bill, and I would
politely argue it's not the kind of bill we
should be looking at without, at 5:00 o'clock
in the morning -- as my own colleagues are
pointing out, it is broad-based, it deals with
5452
lobbying, it deals with procurement policy, it
deals with judicial accountability.
I can't imagine that any of this
has been discussed with any other locality in
the state, since we're attempting to supersede
their laws at 5:00 a.m. And I would argue
that we need to do much more review of this
bill before we could support it.
Although I will say I am very
pleased to see bills that address lobbying and
judicial accountability coming out of this
house, I don't understand how we could explain
to the voters of New York that we came up with
a brand-new bill that we decided to pass at
5:00 a.m. on the day that it was introduced
without any further discussion than what we've
all lived through right here, with no
caucusing with or conferencing with the other
house.
And the fact is that the Assembly
has had a bill on lobbying that I believe has
a Senate sponsor for a same-as bill, and that
we should have been moving forward with that.
It's too complex to absorb, digest,
ask the right questions, vote on, and say to
5453
our constituents we knew what we were doing
and we passed a good bill on lobbying,
judicial accountability, and procurement
procedures for the State of New York -- not
just the state government of New York, but
every local government of New York.
So I urge my colleagues to vote no
on this bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Flanagan.
SENATOR FLANAGAN: Madam
President, to explain my vote.
ACTING PRESIDENT McGEE: To
explain your vote.
SENATOR FLANAGAN: I would like
to make sure that one thing is recorded
properly.
5454
And that is while I'm a new member
to this house, I think I would be remiss if I
didn't state for the record that I am, no pun
intended, not a Johnny-come-lately to this
issue, nor is the Senate Majority. The Senate
Majority passed probably one of the most
extensive lobbying reform bills in the last 25
years ago just a couple of years ago.
And on top of that, I know that my
colleague Senator Padavan has carried lobbying
legislation throughout the session which has
been discussed ad infinitum, both in the halls
in this building and outside as well.
The Senate Majority has been well
poised to discuss this issue, now, six weeks
ago, and six weeks from now as we progress.
Thank you.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1694 are
Senators Andrews, Dilán, Duane,
Hassell-Thompson, L. Krueger, Parker, Sabini,
Schneiderman, and Stavisky. Ayes, 52. Nays,
9.
5455
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR BALBONI: Madam
President.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: I ask unanimous
consent to be recorded in the negative on
1686.
ACTING PRESIDENT McGEE: 1686?
SENATOR BALBONI: Thank you very
much.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: I request
unanimous consent to be recorded in the
negative on Calendar Number 1686.
ACTING PRESIDENT McGEE: 1686.
Without objection.
Senator Marcellino.
SENATOR MARCELLINO: Without
objection, I'd like to be counted in the
negative on 1686.
ACTING PRESIDENT McGEE: Without
5456
objection.
Senator Golden.
SENATOR GOLDEN: I'd like to be
recorded unanimously in dissent on 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Johnson.
SENATOR JOHNSON: Madam
President, I'd like to be recorded in the
negative on Calendar 1686.
ACTING PRESIDENT McGEE: 1686.
Without objection.
Senator Maziarz.
SENATOR MAZIARZ: Madam
President, unanimous consent to be recorded in
the negative on Calendar Number 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Maltese.
SENATOR MALTESE: Madam
President, without objection, I'd like
unanimous consent to be recorded in the
negative on Calendar Number 1686.
ACTING PRESIDENT McGEE: Without
objection.
5457
Senator Paterson.
SENATOR PATERSON: I object,
Madam President.
ACTING PRESIDENT McGEE: I beg
your pardon, Senator Paterson.
SENATOR PATERSON: Well, you
asked for unanimous consent without objection.
And I objected.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
I'd like to request unanimous consent to vote
against Calendar Number 1686.
ACTING PRESIDENT McGEE: Without
objection, Senator Bruno.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar Number
1686.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar Number
5458
1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. After careful deliberation, I
request unanimous consent to vote in the
negative on 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Larkin.
SENATOR LARKIN: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Leibell.
SENATOR LEIBELL: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Saland.
SENATOR SALAND: Madam President,
I request unanimous consent to be recorded in
5459
the negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Little.
SENATOR LITTLE: Madam President,
I request unanimous consent to vote in the
negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Morahan.
SENATOR MORAHAN: Madam
President, without objection, I'd like to be
record in the negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Mendez.
SENATOR MENDEZ: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on 1686.
5460
ACTING PRESIDENT McGEE: Without
objection.
Senator LaValle.
SENATOR FLANAGAN: Madam
President, I request unanimous consent to be
recorded in the negative on Calendars 1683 and
1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Rath.
SENATOR RATH: Madam President, I
request unanimous consent to be recorded in
the negative on Calendar 1699.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I ask for unanimous consent
to vote in the negative on 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Seward.
SENATOR SEWARD: I too would like
unanimous consent to be recorded in the
negative on Calendar 1686.
5461
ACTING PRESIDENT McGEE: Without
objection.
Senator LaValle.
SENATOR LaVALLE: Madam
President, I ask for unanimous consent to be
recorded in the negative on Calendar Number
1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Padavan.
SENATOR PADAVAN: May I be
allowed to vote in the negative on 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Robach.
SENATOR ROBACH: Madam President,
could I also request unanimous consent to be
recorded in the negative for 1686.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR ROBACH: Thank you.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I request unanimous consent to be recorded in
5462
the negative on 1686.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Calendar Number
1542.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1542, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9003 and substitute it
for the identical Senate Bill Number 5651,
Third Reading Calendar 1542.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1542, by the Assembly Committee on Rules,
Assembly Print Number 9003, an act to amend
the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
5463
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR BRUNO: Madam President,
is there any housekeeping to be done at the
desk?
ACTING PRESIDENT McGEE: Yes,
there is some housekeeping.
SENATOR BRUNO: Can we do that at
this time.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Bruno, I wish
to call up Senate Print Number 4791C, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1687, by the Senate Committee on Rules, Senate
Print 4791C, an act to authorize the City of
5464
New York.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed and ask that the
bill be restored to the order of third
reading.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is restored.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to discharge, from the
Committee on Rules, Assembly Print Number
8069C and substitute it for the identical
bill.
I now move that the substituted
Assembly bill have its third reading at this
time and now move for the same vote.
ACTING PRESIDENT McGEE:
Substitution ordered.
5465
The Secretary will read.
THE SECRETARY: Ayes, 51. Nays,
10.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would now move to recommit all remaining
bills on the Senate Calendar to the Rules
Committee.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR BRUNO: And there being
no further business to come before the Senate,
I would move that we stand adjourned.
We had talked about being out by
6:00, and in daylight, and we are.
(Laughter.)
SENATOR BRUNO: Subject to the
call of the Majority Leader.
Have a great summer.
(Applause.)
ACTING PRESIDENT McGEE: The
Senate stands adjourned, subject to the call
of the Majority Leader.
5466
(Whereupon, at 5:05 a.m., the
Senate adjourned.)