Regular Session - June 15, 2004
3672
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 15, 2004
3:12 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is Reverend
Ed Jones, from Faith Assembly of God in
Poughkeepsie.
REVEREND JONES: Let's bow our
heads in a word of prayer.
Gracious heavenly Father, we thank
You for Your public servants. We thank You
for the time and the effort that they've put
into the community to make it a better place.
We ask that You will give them wisdom and
guidance in all of their deliberations.
We pray as well, Lord, that at the
end of the day we will have done Your will, we
will have accomplished Your purposes. For
surely, Lord, Your will is good.
Now, be with us, guide us, direct
3674
us, and may Your blessings be upon this
meeting. And we pray all of this in the name
of Jesus Christ.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, June 14, the Senate met pursuant to
adjournment. The Journal of Sunday, June 13,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
3675
I offer the following amendments to
the following Third Reading Calendar bills:
Senator Marchi, page 12, Calendar
Number 333, Senate Print 3299A;
Senator Bonacic, page 36, Calendar
1014, Senate Print 6231;
Senator Maziarz, page 38, Calendar
Number 1059, Senate Print 510B;
Senator Rath, on page 51, Calendar
Number 1305, Senate Print 7000;
Senator Skelos, on page 59,
Calendar Number 1472, Senate Print 5823A;
Senator Alesi, on page 25, Calendar
Number 782, Senate Print 471;
Senator Kuhl, on page 48, Calendar
Number 1252, Senate Print 7228;
Also for Senator Kuhl, page 48,
Calendar Number 1254, Senate Print 7267;
For Senator Kuhl, on page 53,
Calendar 1344, Senate Print 6473;
On behalf of myself, on page 55,
Calendar 1371, Senate Print 7127;
Also on behalf of myself, for page
38, Calendar Number 1058, Senate Print 6470.
Madam President, I move that these
3676
bills retain their place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
Senator McGee.
SENATOR McGEE: Madam President,
on behalf of Senator Kuhl, I wish to call up
his bill, Print Number 6328, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
651, by Senator Kuhl, Senate Print 6328, an
act to authorize the County of Chemung.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
3677
are received.
SENATOR McGEE: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator McGee.
SENATOR McGEE: On behalf of
Senator Spano, I wish to call up his bill,
Print Number 5236A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
122, by Senator Spano, Senate Print 5236A, an
act to amend the Vehicle and Traffic Law.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
3678
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Hoffmann, I
wish to call up her bill, Print Number 173,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
987, by Senator Hoffmann, Senate Print 173, an
act to amend the Vehicle and Traffic Law.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MORAHAN: Call
the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
3679
amendments are received.
SENATOR MEIER: Mr. President, on
behalf of Senator Fuschillo, I wish to call up
his bill, Senate Print Number 7108, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
1359, by Senator Fuschillo, Senate Print 7108,
an act to authorize.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MORAHAN: Call
the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, are there any substitutions at the
desk?
3680
ACTING PRESIDENT MORAHAN: Yes,
sir.
The Secretary will read.
THE SECRETARY: On page 6,
Senator Nozzolio moves to discharge, from the
Committee on Rules, Assembly Bill Number 855A
and substitute it for the identical Senate
Bill Number 432A, Third Reading Calendar 137.
On page 7, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8586A and substitute it
for the identical Senate Bill Number 5172A,
Third Reading Calendar 173.
On page 16, Senator Wright moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9495A and substitute it
for the identical Senate Bill Number 1528A,
Third Reading Calendar 454.
On page 21, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9415A and substitute it
for the identical Senate Bill Number 5929A,
Third Reading Calendar 646.
On page 21, Senator Fuschillo moves
to discharge, from the Committee on Rules,
3681
Assembly Bill Number 9414A and substitute it
for the identical Senate Bill Number 5930A,
Third Reading Calendar 647.
On page 30, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10887 and substitute it
for the identical Senate Bill Number 6503A,
Third Reading Calendar 912.
On page 31, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10115C and substitute it
for the identical Senate Bill Number 6016B,
Third Reading Calendar 934.
On page 37, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7502A and substitute it
for the identical Senate Bill Number 4253A,
Third Reading Calendar 1035.
On page 40, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9681A and substitute it
for the identical Senate Bill Number 6081A,
Third Reading Calendar 1082.
On page 43, Senator Bonacic moves
to discharge, from the Committee on Rules,
3682
Assembly Bill Number 10165 and substitute it
for the identical Senate Bill Number 6343,
Third Reading Calendar 1162.
On page 45, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11306A and substitute it
for the identical Senate Bill Number 6484A,
Third Reading Calendar 1196.
On page 45, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11061 and substitute it
for the identical Senate Bill Number 7003,
Third Reading Calendar 1200.
On page 49, Senator Maltese moves
to discharge, from the Committee on Rules,
Assembly Bill Number 3995A and substitute it
for the identical Senate Bill Number 1651A,
Third Reading Calendar 1265.
On page 51, Senator Flanagan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 345A and substitute it
for the identical Senate Bill Number 6689A,
Third Reading Calendar 1308.
On page 62, Senator Meier moves to
discharge, from the Committee on Local
3683
Government, Assembly Bill Number 7250A and
substitute it for the identical Senate Bill
Number 4086A, Third Reading Calendar 1521.
On page 63, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9206A and substitute it
for the identical Senate Bill Number 7366,
Third Reading Calendar 1535.
On page 63, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11201 and substitute it
for the identical Senate Bill Number 7418,
Third Reading Calendar 1539.
And on page 64, Senator Padavan
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11459 and
substitute it for the identical Senate Bill
Number 7444, Third Reading Calendar 1541.
ACTING PRESIDENT MORAHAN:
Substitutions ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may we please adopt the Resolution
Calendar, with the exception of Resolution
5490.
3684
ACTING PRESIDENT MORAHAN: All in
favor of adopting the Resolution Calendar say
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: Motion
carried. The Resolution Calendar is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may we have please have Senator
Breslin's resolution, 5490, read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 5490,
honoring Meredith C. Rose upon the occasion of
her designation as the 2004 Albany Tulip
Queen.
"WHEREAS, Individuals who give of
their time and energies and serve the best
interests of their communities are an asset
beyond remuneration and cannot be sufficiently
3685
extolled; and
"WHEREAS, Meredith Rose has given
not only of her time and energies, but also of
her competence, intelligence and leadership,
and consequently has been designated for
special honor; and
"WHEREAS, Attendant to such concern
and in full accord with its long-standing
traditions, it is the sense of this
Legislative Body to honor Meredith C. Rose
upon the occasion of her designation as the
2004 Albany Tulip Queen at the 56th Albany
Tulip Festival, on May 7 through May 9, 2004,
in Albany, New York; and
"WHEREAS, Chosen from 60
contestants, Meredith Rose was crowned the
2004 Albany Tulip Queen; and
"WHEREAS, One of Albany's oldest
and most anticipated events is the annual
Tulip Festival, which is set in the city's
beautiful, historic Washington Park. Each
year, this traditional event greets spring
with tulips blooming in a myriad of colors and
varieties. Thousands from the Capital
District region and beyond come to the Tulip
3686
Festival each year to celebrate Albany's rich
Dutch heritage and to watch the festive
crowning of the Albany Tulip Queen; and
"WHEREAS, Meredith Rose has been
called upon to contribute her time and talents
to countless civic and charitable endeavors,
and has always given of herself unstintingly;
and
"WHEREAS, Throughout the entire
period of her community service, a period of
constructive involvement, Meredith Rose has
stood constant in dignity, good grace and
humor; and
"WHEREAS, Meredith Rose graduated
from Siena College in 2003 with bachelor of
arts degrees in both political science and
Spanish. She intends to pursue a master's
degree in secondary education; and
"WHEREAS, Meredith Rose is a
New York State employee who currently works in
Minority Conference Services. Her career
plans are to become a social studies teacher
at the high school level, and during the
summer consult for an organization which meets
the needs of disadvantaged women and children;
3687
and
"WHEREAS, Meredith Rose has
volunteered for several organizations,
including the Sunnyside Center, Equinox, Siena
Research Institute, and Senior Services of
Albany. For the next year, she will work at
increasing the awareness of Albany Mayor
Gerald Jennings' Literacy Campaign and
coordinating a summer reading program; and.
"WHEREAS, Rare indeed is the
impressive dedication shown by an individual
for the benefit of others which Meredith Rose
has displayed throughout her life; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Meredith C. Rose upon the occasion of her
designation as the 2004 Albany Tulip Queen;
and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Meredith C. Rose."
ACTING PRESIDENT MORAHAN:
Senator Breslin.
SENATOR BRESLIN: Thank you, Mr.
3688
President.
The Albany Tulip Festival is the
most important social event in the Albany
Capital District area each year. And we were
thrilled this year to have Meredith Rose named
as its Tulip Queen.
Now, the queens are chosen on their
involvement in the community and their ability
to help others. And Meredith Rose is a
graduate of Siena College. More importantly,
she's involved in our community, doing work
with senior citizens, doing work with Equinox,
involving herself with the disadvantaged, the
disadvantaged women and children.
And she will spend the next year --
she will spend the next year working on
literacy within our community. And she is an
outstanding example of what a young person
should be and is in this Capital District.
And I'm thrilled -- she's not aware
of this, but I'm thrilled to announce to her
that she is joined here today by her parents,
who came up from Highland Falls -- her father
is the comptroller for the athletic department
at West Point -- Jill and Ed Rose, and her
3689
godmother, from New Jersey, Ronnie Coffey.
So with that, I congratulate
Meredith Rose on this fine honor and welcome
her parents and her aunt.
(Applause.)
ACTING PRESIDENT MORAHAN: And
now we can vote on the resolution. All in
favor of the resolution signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is carried.
Congratulations, Meredith Rose, and
good luck to you in the future.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may we please have the
noncontroversial reading of the calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
97, by Senator LaValle, Senate Print 2611A, an
act to authorize payment to the Riverhead
3690
Central School District.
ACTING PRESIDENT MORAHAN: There
is a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
117, by Senator Kuhl, Senate Print 2974B, an
act to amend the Vehicle and Traffic Law, in
relation to permits.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3691
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
203, by Member of the Assembly Kaufman,
Assembly Print Number 9833, an act to amend
Chapter 455 of the Laws of 1997.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 55. Nays,
2. Senators Duane and Saland recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
306, by Member of the Assembly Paulin,
Assembly Print Number 1448, an act to amend
3692
the Arts and Cultural Affairs Law, in relation
to the applicability.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
543, by Senator Padavan, Senate Print 5352, an
act to amend the Administrative Code of the
City of New York, in relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3693
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
544, by Senator Padavan, Senate Print 5353, an
act to amend the Administrative Code of the
City of New York, in relation to penalties.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
620, by Senator Maziarz, Senate Print 502, an
act to amend the Penal Law, in relation to
increased penalties.
3694
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
661, by Senator Volker, Senate Print 4851, an
act to amend --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
870, by Senator Maziarz, Senate Print 6597, an
act to amend the Navigation Law, in relation
to the requirement that persons under the age
of 12 wear a personal flotation device.
3695
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
871, by Senator Maziarz, Senate Print 6598, an
act to amend the Navigation Law, in relation
to the charging of a fee.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
3696
THE SECRETARY: Ayes, 57. Nays,
1. Senator Wright recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
973, by Senator Mendez, Senate Print 7152, an
act to amend the Labor Law and the General
Business Law, in relation to the standards of
conduct.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1082, substituted earlier today by Member of
the Assembly Lafayette, Assembly Print Number
9681A, an act to amend the General Business
3697
Law, in relation to collateral loan brokers.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1112, by Senator Volker, Senate Print 1108, an
act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1245, by Senator Larkin, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
3698
bill is laid aside.
THE SECRETARY: Calendar Number
1275, by Senator Robach, Senate Print 3913A,
an act to amend the Education Law, in relation
to the inclusion of employer contributions.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect June 30.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1292, by Senator Robach, Senate Print 6703, an
act to amend the Civil Service Law, in
relation to the authority.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
3699
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1293, by Senator Robach, Senate Print 6778, an
act to amend the Retirement and Social
Security Law, in relation to providing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3700
1340, by Senator Morahan, Senate Print 6030,
an act authorizing the discontinuance of
certain parkland.
ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1367, by Senator Meier, Senate Print 7279A, an
act to amend the Social Services Law, in
relation to expanding education and training
opportunities.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
3701
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1368, by Member of the Assembly Lafayette,
Assembly Print Number 9445, an act to amend
Chapter 526 of the Laws of 1998.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3702
1396, by Member of the Assembly Paulin,
Assembly Print Number 9518, an act to amend
the Public Officers Law, in relation to
commencing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1432, by Senator --
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1433, by Senator Padavan, Senate Print 531, an
act to amend the Vehicle and Traffic Law, in
3703
relation to prohibiting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 56. Nays,
2. Senators Duane and Meier recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1436, by Member of the Assembly Abbate,
Assembly Print Number 2845, an act to amend
the Retirement and Social Security Law, in
relation to authorizing deductions.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
3704
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1440, by Senator Nozzolio, Senate Print 3027,
an act to amend the Real Property Tax Law, in
relation to veterans' alternative exemption.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Libous.
SENATOR LIBOUS: Mr. President,
3705
can I have unanimous consent to be recorded in
the negative on Number 1433.
ACTING PRESIDENT MORAHAN:
Senator Libous will be recorded in the
negative on 1433.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. I ask for unanimous consent to be
recorded in the negative on Calendar Number
1433.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio will be recorded as a
negative on 1433.
Senator McGee.
SENATOR McGEE: Mr. President, I
wish to be recorded in the negative on
Calendar Number 1433.
ACTING PRESIDENT MORAHAN:
Senator McGee will be recorded in the negative
on 1433.
Senator Spano.
SENATOR SPANO: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar Number 203 and 1433.
ACTING PRESIDENT MORAHAN:
3706
Senator Spano will be recorded in the negative
on Calendar Number 203 and 1433.
And I think I'm going to read 1433.
What is that?
(Laughter.)
SENATOR SEWARD: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Seward.
SENATOR SEWARD: Yes, I likewise
would like to be recorded in the negative on
1433.
ACTING PRESIDENT MORAHAN:
Senator Seward will be recorded in the
negative on 1433.
Senator Hoffmann.
SENATOR HOFFMANN: Likewise, Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Hoffmann will likewise be recorded in
the negative on 1433.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I'd like unanimous consent to be recorded in
the negative on 1433.
ACTING PRESIDENT MORAHAN:
3707
Senator Bonacic will be recorded in the
negative on 1433.
Senator Wright.
SENATOR WRIGHT: I request
unanimous consent to be recorded in the
negative on 1433.
ACTING PRESIDENT MORAHAN:
Senator Wright will be recorded in the
negative on 1433.
The Secretary will read.
THE SECRETARY: Calendar Number
1443, by Senator Kuhl, Senate Print 4720A, an
act to amend the Private Housing Finance Law,
in relation to housing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3708
1446, by Senator Morahan, Senate Print 5827A,
an act --
SENATOR SCHNEIDERMAN: Please lay
it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1452, by Senator Paterson, Senate Print 7040,
an act to amend the Parks, Recreation and
Historic Preservation Law, in relation to
establishing the Heights Heritage Area.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1458, by Senator Volker, Senate Print 7345, an
3709
act to amend the Criminal Procedure Law, in
relation to final orders of protection.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1459, by the Assembly Committee on Rules,
Assembly Print Number 11198, an act to amend
the General Municipal Law, in relation to
increasing the benefits.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
3710
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1461, by Senator Kuhl, Senate Print 745A, an
act to amend the Tax Law, in relation to
agricultural property tax credit.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3711
1462, by Senator Padavan, Senate Print 1337,
an act to amend the General Business Law, in
relation to requiring.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1464, by Senator Leibell, Senate Print 3496,
an act to amend the Environmental Conservation
Law and others, in relation to establishing a
linked deposit.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 15. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
3712
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1465, by Senator Larkin, Senate Print 3784B,
an act to amend the Penal Law, in relation to
cemetery desecration.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3713
1466, by the Assembly Committee on Rules,
Assembly Print Number 9038, an act to amend
the County Law, in relation to wireless
communications service surcharge.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1467, by Member of the Assembly Calhoun,
Assembly Print Number 5089A, an act to amend
the County Law, in relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
3714
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1491, by Senator Hannon, Senate Print 7061, an
act to amend the Civil Practice Law and Rules,
in relation to stipulation of settlement.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1492, by Senator McGee, Senate Print 7117, an
act to amend the Real Property Tax Law, in
relation to residential investment exemption.
ACTING PRESIDENT MORAHAN: Read
3715
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1494, by the Assembly Committee on Rules,
Assembly Print Number 10800, an act to amend
the Civil Practice Law and Rules, in relation
to the applicable statute.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
3716
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1511, by Senator Leibell, Senate Print 7112,
an act to amend the Executive Law, in relation
to the payment of a fee.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1513, by Senator Oppenheimer, Senate Print
7324, an act to amend the Public Authorities
Law, in relation to terminating.
ACTING PRESIDENT MORAHAN: There
3717
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1514, by Senator Padavan, Senate Print 7334,
an act to amend the Civil Service Law, in
relation to additional member contributions.
ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
3718
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1515, by Senator Little, Senate Print 7351, an
act to amend the County Law, in relation to
authorizing.
ACTING PRESIDENT MORAHAN: There
is a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1518, by Senator Seward, Senate Print 1897, an
act to amend the Tax Law, in relation to
exempting.
3719
ACTING PRESIDENT MORAHAN: There
is a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of a
sales tax quarterly period.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1520, by Senator Flanagan, Senate Print 3580,
an act to amend the Real Property Law, in
relation to requiring.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
3720
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1520 are
Senators DeFrancisco, Duane, and Meier. Ayes,
56. Nays, 3.
ACTING PRESIDENT MORAHAN:
Senator DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: Yes, I'd
just like to explain the no vote.
And the reason for the no vote is
that there was a time when you did a real
estate transaction where there was a purchase
offer and ultimately a deed. Maybe it's
dating myself, but now, with the amount of
disclosures that are required, you need
basically to fell a tree in order to put all
the disclosures on every possible thing that
could happen in a real estate transaction.
The problem with this particular
one is that all it does, if I understand it
correctly, is to notify people that are buying
a house in every real estate transaction that
there is such a thing as a sex registry.
Now, that's basically notifying
3721
them of a law. I see no reason to burden
every single real estate transaction to notify
them of a law which has nothing to do with the
real estate transaction.
Secondly, it might be a chilling
effect on a transaction. People might believe
that the reason for the notification is maybe
there's a sex offender in the neighborhood
when really there is not.
So I vote no for that reason. I
think everyone should know by now and should
know in other ways that there is such a
registry. And it's important to know about
it, but not to be disclosed in every real
estate transaction.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
The bill is passed.
THE SECRETARY: Calendar Number
1521, substituted earlier today by Member of
the Assembly Scozzafava, Assembly Print Number
7250A, an act to amend the Real Property Tax
Law, in relation to providing.
ACTING PRESIDENT MORAHAN: Read
the last section.
3722
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1524, by Senator Larkin, Senate Print 5526B,
an act to amend the Real Property Tax Law, in
relation to providing state assistance.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
3723
1525, by Senator Wright, Senate Print 5728A --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
SENATOR WRIGHT: Lay it aside for
the day.
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1526, by Senator Kuhl, Senate Print 5889, an
act to amend the Education Law, in relation to
eligibility.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
3724
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1527, by Senator Hannon, Senate Print 6511, an
act to amend the New York State Medical Care
Facilities Finance Agency Act, in relation to
the ability to issue certain bonds and notes.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1528, by Senator Kuhl, Senate Print 6735, an
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
3725
bill is laid aside.
THE SECRETARY: Calendar Number
1529, by Senator Rath, Senate Print 6741B, an
act to amend the Social Services Law, in
relation to requiring annual training.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Fuschillo, why do you rise?
SENATOR FUSCHILLO: Mr.
President, can you lay aside for the day
Calendar Number 1528.
ACTING PRESIDENT MORAHAN:
Calendar 1528, by Senator Kuhl, is laid aside
for the day.
The Secretary will read.
3726
THE SECRETARY: Calendar Number
1530, by Senator LaValle, Senate Print 6871,
an act to amend the Environmental Conservation
Law, in relation to the protection.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1531, by Senator Hannon, Senate Print 6892, an
act to amend the Vehicle and Traffic Law, in
relation to creating the Navy League of the
United States distinctive license plates.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
3727
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1532, by Senator Wright, Senate Print 7244, an
act to amend the Environmental Conservation
Law, in relation to the issuance of deer
management permits.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect October 1.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
2. Senators L. Krueger and Duane recorded in
the negative.
3728
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1534, by Senator DeFrancisco, Senate Print
7360A, an act to amend the Executive Law, in
relation to extending access.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1535, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 9206A, an act to amend the Education
Law, in relation to parents.
ACTING PRESIDENT MORAHAN: Read
the last section.
3729
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1536, by Senator Seward, Senate Print 7401, an
act to amend the Volunteer Ambulance Workers'
Benefit Law and the Volunteer Firefighters'
Benefit Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
3730
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1538, by Senator Little, Senate Print 7412, an
act to amend the General Municipal Law, in
relation to agreements.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1539, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11201, an act to amend the Town Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
3731
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1540, by Senator Balboni, Senate Print 7442,
an act to amend the Criminal Procedure Law, in
relation to federal police officers.
ACTING PRESIDENT MORAHAN: 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
2004.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
3732
bill is passed.
THE SECRETARY: Calendar Number
1541, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11459 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you recognize Senator Meier,
please.
ACTING PRESIDENT MORAHAN:
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President. And thank you, Senator Fuschillo.
Mr. President, I request unanimous
consent to be recorded in the negative on
Calendar 1245.
ACTING PRESIDENT MORAHAN:
Senator Meier will be recorded in the negative
on Calendar 1245.
Senator Little.
SENATOR LITTLE: Thank you, Mr.
3733
President. I would request --
SENATOR FUSCHILLO: Mr.
President, point of order. That bill has been
laid aside.
ACTING PRESIDENT MORAHAN:
Senator Meier, 1245, that bill had been laid
aside.
SENATOR MEIER: Oh, I'm sorry.
ACTING PRESIDENT MORAHAN: That's
all right. No need to be sorry.
Senator Little.
SENATOR LITTLE: Thank you. I
request unanimous consent to be recorded in
the negative on Calendar Bill 1462 and 1520.
ACTING PRESIDENT MORAHAN:
Senator Little will be recorded in the
negative on Calendar Number 1462 and 1520.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar 1433
and Calendar 1520.
ACTING PRESIDENT MORAHAN:
Senator Krueger will be recorded in the
negative on Calendar Number 1433 and Calendar
3734
Number 1520.
Senator Fuschillo, that completes
the noncontroversial reading of the calendar.
SENATOR FUSCHILLO: Thank you.
May we now have the reading of the
controversial calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
SENATOR FUSCHILLO: Mr.
President, please recognize Senator
Montgomery.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to be recorded in the
negative on Calendar 1520.
ACTING PRESIDENT BONACIC:
Without objection.
The Secretary will read, please.
THE SECRETARY: Calendar Number
661, by Senator Volker, Senate Print 4851, an
act to amend the Real Property Law and the
Real Property --
SENATOR LIZ KRUEGER:
Explanation.
3735
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT BONACIC: The
bill is laid aside temporarily.
THE SECRETARY: Calendar Number
1112, by Senator Volker, Senate Print 1108, an
act to amend --
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT BONACIC: The
bill is laid aside temporarily.
THE SECRETARY: Calendar Number
1245, by Senator Larkin, Senate Print 6504A,
an act to amend the Vehicle and Traffic Law
and the Public Health Law.
ACTING PRESIDENT BONACIC:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I believe I have an amendment
at the desk. I'd like to waive reading.
ACTING PRESIDENT BONACIC: The
reading is waived, and, Senator Krueger, you
can speak on the amendment.
3736
SENATOR LIZ KRUEGER: Thank you
very much, Mr. President.
So I read Senator Larkin's bill
about assuring increased safety involving the
use of skateboards, that I assume is primarily
an issue in his district, but perhaps all over
the state. And it raised to me the fact that
a serious problem, particularly for those of
us who live in urban areas, are the dangers of
bicycles, particularly on our sidewalks,
particularly used for carrying packages. Not
unlike Senator Larkin's concerns of carrying
bundles on skateboards.
In the case of my district, and I
know much of New York City, we have delivery
people carrying bundles, violating bicycle
rules and the traffic patterns. They ride on
the sidewalks, they ride in the opposite
direction of traffic. And we have case after
case of people, particularly senior citizens,
who get hit by bicycles -- usually bicycles
being operated by independent vendors working
for restaurants.
And so this amendment, which is
actually a bill that I have submitted, would
3737
require that commercial bicycle operators and
the businesses they are affiliated with must
follow certain specific laws in the
Administrative Code of the City of New York.
In my bill, which is now an
amendment to Senator Larkin's bill, it would
require that commercial cyclists who provide a
delivery service for businesses, but not
limited to those who are actually employed by
the establishment, must be subject to the
Administrative Code.
Right now, what we find is
restaurants don't hire delivery people as
employees, they view them almost as a
contractor. And they don't have the same laws
applied to these bike delivery people even
when they violate the law.
So this would require that even
those who are simply contract vendors, perhaps
just for the day or the week, have to follow
the law if they have been employed to make
deliveries by bicycle.
It would also require that there be
specific identification on the bike and the
biker so that if the police stop someone from
3738
violating the law while they're in the process
of delivering a product, that there's actual
identification that can be used by the police
to provide tickets and to follow up on the
violations.
It would also shift the ticketing
structure from our criminal court system to --
in New York City, we have an Environmental
Control Board. Because the truth is you don't
want your criminal courts piled up with people
having traffic tickets, so to speak, against
them for violating the bicycle laws as
delivery people. So it would move the law
from court cases in criminal court to our
Environmental Control Board in New York City.
And it would also hold the business
accountable at a higher level, depending on
the frequency with which a specific business's
bicycle delivery people were fined for
violating the law.
So if you have somebody who
violates the law once, there's one level of
ticket. If they're at their 15th or their
20th or their 30th violation of the law, that
business can be held accountable at a higher
3739
level in our court system.
This is fundamentally a public
safety issue, particularly in crowded urban
areas where we use so many bicycles for
delivery.
I think that while it is clearly
applicable to New York City, that many of my
colleagues from other parts of the state,
particularly other urban parts of the state,
might agree that holding commercial properties
liable when their employees and their hirees
are hitting people in the process of doing
work by using bikes to deliver things, that
this would be a win for our communities.
It would discourage people from
violating our laws. It would decrease the
number of accidents we have where pedestrians,
particularly older pedestrians, are in fact
getting hit and harmed by bicycles. In
New York City we have approximately two deaths
per year from delivery bicycle people hitting
and actually ending up killing pedestrians.
So I'm hoping that this makes sense
as an amendment to the bill and that I can
count on my colleagues' support.
3740
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Any
other Senator wish to speak on the amendment?
Those Senators in agreement with
the amendment, please signify by raising your
hand.
THE SECRETARY: Those Senators
recorded in agreement are Senators Breslin,
Brown, Connor, Diaz, Dilán, Duane, L. Krueger,
Montgomery, Onorato, Oppenheimer, Paterson,
Sabini, Sampson, Schneiderman, A. Smith,
M. Smith, and Stavisky.
ACTING PRESIDENT BONACIC: The
amendment is lost.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect on the first of January.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1245 are
Senators Farley, Meier, and Wright. Ayes, 56.
Nays, 3.
ACTING PRESIDENT BONACIC: The
3741
bill is passed.
THE SECRETARY: Calendar Number
1446, by Senator Morahan, Senate Print 5827A,
an act to amend the Executive Law, in relation
to requiring.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT BONACIC:
Senator Morahan, an explanation has been asked
on the bill.
SENATOR MORAHAN: Thank you, Mr.
President.
This bill amends the Executive Law
which would require the Division of Parole to
issue a detailed report upon issuing a parole,
granting a parole.
Right now, the law states that they
have to issue one if they deny the parole.
But there's no requirement to issue one if
they grant the parole.
We had a situation in the lower
section of the state where within three months
a commission turned around its vote, two
different commissioners on each panel, and the
public was left to wonder why they granted the
parole three months after they denied the
3742
parole by two others.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT BONACIC:
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
understand the reason that this legislation
was introduced, relating to a particularly
egregious case.
The problem I have with it is that
this imposes a burden on a system that is
already overburdened. We have thousands and
thousands of people going before the parole
boards. Their decisions to deny parole are
appealable, which is why they have to do
something in writing.
But a decision to -- imposing the
additional burden that they're going to have
to write an explanation as to why they grant
parole for one inmate as opposed to another
inmate, when a lot of the analysis is clearly
somewhat subjective, is just imposing a burden
on a system that's already working very, very
poorly.
And, frankly, I have a concern that
3743
it would make it -- by imposing this
additional burden, it would make it less
likely in some circumstances that the parole
board would grant parole in circumstances
when, without having to write a written
explanation, it otherwise might grant parole.
I think we have a very serious
problem with the parole system as it exists
now as far as resources, as far as the
functioning of the parole board and parole
supervision. But adding an additional
provision imposing a requirement for a written
explanation every time they grant parole I
think is unwarranted. I don't think it really
addresses a problem.
I'm not sure what the point of it
is. To embarrass somebody or to make it clear
that there are contradictions in the system?
I think those are better remedied by other
forms of legislation.
So I will be voting no on this, Mr.
President, and encouraging others to do
likewise.
ACTING PRESIDENT BONACIC: Thank
you, Senator Schneiderman.
3744
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
I am going to respectfully disagree
with my colleague on this side of the aisle
and hope that he will change his vote.
ACTING PRESIDENT BONACIC: I'm
shocked, sir.
Please continue.
SENATOR DUANE: Thank you, Mr.
President.
And I'm hoping that my other
colleagues on this side of the aisle who might
be inclined to vote against this will also
reconsider their position.
I support this bill, perhaps for
different reasons than my esteemed colleague
across the aisle who put this bill forward.
But let's think this through for a moment.
First of all, I don't think the
parole board will have any difficulty at all
documenting why a particular incarcerated
person deserves to be released. I think that
they very readily have that knowledge and it
would not be difficult for them to provide
3745
that knowledge to the general public.
Now, as many of you know, and I've
talked about this before, I've visited prisons
across the state. And I believe that there
are countless incarcerated people who deserve
parole and have been being denied parole. And
so I think that if the parole board is
required to give the reasons why they are
providing parole -- they have finished a
program or several programs, their behavior in
prison has been exemplary, et cetera -- if
they have to put that information in writing,
well, that will set up a scenario whereby
many, many, many incarcerated people who have
been denied parole will be able to receive
parole if they have met the same criteria as
those people who are receiving parole.
So if the parole board puts that on
the record, then prisoners across the state,
and their advocates, will be able to see what
the criteria is for receiving parole and have
a fair chance to be paroled.
So while I think my reasons for
being in favor of this may be different from
my colleague across the aisle, I'm hopeful
3746
that we can unanimously pass this bill and
give many, many more people who are
incarcerated in our state the chance to
receive parole.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Duane.
Senator Diaz.
SENATOR DIAZ: Thank you, Mr.
President.
I resolve just to join -- and this
is one of the rare moments in my life when I
will stand in front of you all and tell you
that I am totally, 150 percent in favor and
supporting Tom Duane in his position on this
bill.
I congratulate Mr. Duane today for
going in this way. And, ladies and gentlemen,
I'm proud to support him and join him today.
Thank you very much.
ACTING PRESIDENT BONACIC: Thank
you, Senator Diaz.
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President.
3747
As I've said on this floor many
times, I have serious questions about how
parole in this state operates, how the parole
board operates. Not to revisit old scandals,
but there were some not so many years ago, and
people questioning why did that person get
out. It's not obvious. The only thing that
was obvious were certain connections. And I
think the press and the legal justice system
has explored it, to the penal detriment of
some people who were at the parole board.
The fact is, though, I harken back
to the days some twenty years ago when Senator
Ted Kennedy, hardly a conservative ideologue,
was advancing the idea in the federal system
to end parole, have determinate sentences.
I've said on this floor before I
would support a determinate sentence structure
and abolish the parole board, provided we of
course adjust the sentencing structure so that
the penalties truly fit the crime and don't
range anywhere between a couple of years to
the rest of your life in prison. We need to
adjust the sentencing structure, but I would
certainly support abolishing parole.
3748
Now I have a dilemma. I have to
respect leadership here, and I have Senator
Duane, who's the ranking member on Crime and
Correction and on the Codes Committee, I have
the utmost respect for him and his expertise.
Because while we all have the legal right,
every member of this body has a legal right to
visit and enter into any prison in this state,
I daresay few of us have bothered to do that.
But I know Senator Duane has done
it numerous times. He has had, many years
before he was in this body, involvement in
these issues on the city level. So I have to
defer to his expertise and his leadership on
this as our conference's leader in this issue.
And therefore my dilemma is
resolved; I will support his position and vote
in favor of the bill.
ACTING PRESIDENT BONACIC: Thank
you, Senator Connor.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, I rise because I must say I believe
I have been persuaded by Senator Diaz's urging
of support for this.
3749
No, Senator Duane makes a point
that I think is a point that I hadn't focused
on. My concern is on a very practical level,
of the lack of resources, the bad functioning
of the parole board. And I think that Senator
Morahan has indicated that this may be moved
forward in a more limited format before it
gets to the other house.
But in general, I must say the
point is well taken that if we get things out
in the open, we clarify what the standards
are, that probably does help everyone.
So that having been said, and as
I've had an interesting discussion about this,
I am going to change my position on this, and
I will also be supporting Senator Morahan's
bill.
Thank you.
ACTING PRESIDENT BONACIC: Thank
you, Senator Schneiderman.
Anyone else wishing to speak?
Please read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
3750
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1541, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11459, an act to amend the General City
Law, Chapter 772 of the Laws of 1966, relating
to enabling.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT BONACIC: An
explanation has been asked for, Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
The bill before us deals with the
Relocation and Employment Assistance Program,
commonly referred to as REAP, which since 1996
has been an economic tool utilized by the City
of New York to encourage businesses to move
into the city, to relocate within the city to
3751
areas where development is more desirable,
jobs are more needed.
It provides for certain incentives
to encourage that, with a certain formula that
is used relative to, number one, how many new
employees are created; number two, how much
property has been redeveloped, and so on.
One of the changes in the existing
law that's contained within this bill relates
to Lower Manhattan. In an effort to stimulate
development in Lower Manhattan since 9/11, the
REAP program has been extended to that
specific area.
Now, there's a great deal more in
the bill in terms of extending the bill period
for certain applications, to provide
portability for businesses in the outer
boroughs so that they may continue to receive
REAP even if they move a second time, and
things of that sort.
If you have a specific question,
I'll be glad to try and answer it.
SENATOR CONNOR: Thank you, Mr.
President.
ACTING PRESIDENT BONACIC:
3752
Senator Connor.
SENATOR CONNOR: Will Senator
Padavan yield for a question?
SENATOR PADAVAN: Yes.
SENATOR CONNOR: Thank you, Mr.
President.
My question for Senator Padavan is,
is it still the case that a business can
qualify for REAP benefits by moving from Lower
Manhattan to one of the outer boroughs?
SENATOR PADAVAN: The bill
provides discretion to the mayor to reduce or
even eliminate the REAP credit on the
circumstances if, as you suggested, an
eligible business decreases the number of jobs
it maintains in the Lower Manhattan area by
more than a hundred.
And so what we're trying to do is
retain businesses in Lower Manhattan rather
than losing them.
SENATOR CONNOR: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Connor, on the bill.
SENATOR CONNOR: I had done, last
3753
night, a bit of research, because I
considered -- since this is so important and
Lower Manhattan is so important to me as the
Senator who represents it, I had considered a
somewhat lengthy exploration of the history of
Lower Manhattan, its economy, its more recent
development -- well, its early development, of
course, as a residence area, and now its
return to increased residential development.
The concern I have -- have had, and
this bill addresses it, and so I appreciate my
colleague's concern for Lower Manhattan, since
there are no votes in it for him -- we are
undergoing -- obviously, we've had difficult
times since 9/11.
I fault the city, I fault the city
for sending mixed messages. Once upon a
time -- 1995, I believe it was -- I was the
lead sponsor on the Lower Manhattan
Redevelopment and Revitalization Act, together
with my colleague in the Assembly, Assemblyman
Silver. At that time we were facing vacancy
rates in Lower Manhattan approaching
40 percent in commercial real estate.
One of the things that bill
3754
permitted was it facilitated conversion of a
lot of commercial space to residences.
Indeed, when we got -- in the immediate
aftermath of 9/11, we found many residents
stranded because the federal FEMA officials
just assumed it was all offices down there.
At the time, there were 26,000 residents in
Lower Manhattan -- without electricity, water,
in dire straits. It literally took FEMA three
or four days to realize that they had other
than just a commercial office area disaster on
their hands.
The mayor, subsequent to 9/11,
announced that the future of Lower Manhattan
will increasingly lie in residential
development, and Lower Manhattan will grow as
a residential neighborhood. It already has
significant residential development in Battery
Park City, as well as redeveloped office space
from Chamber Street down, if you call that
Lower Manhattan.
I say that because you have
TriBeCa. But that's no longer in question
what kind of area that is. Most expensive
residential area to live in New York City,
3755
probably in New York State. And it didn't
exist as a neighborhood 25 years ago.
The quarrel I have with the city is
they're rushing pell-mell into residential
redevelopment in Lower Manhattan without
providing the infrastructure of residential
neighborhoods. Where are the new schools on
the books? Where are the new parks in
planning? Where are the libraries?
There were battles in TriBeCa a few
years ago -- 10, 12 years ago -- to get a
library, to get a park, to get an intermediate
school, to get a lower school, an elementary
school. But now residents have moved further
downtown.
And some of the people involved in
the residential development will say to me:
Well, our target population are, you know,
heavily single people, upper-middle class to
wealthy people. The rents are pretty stiff.
And, you know, we attract a with-it single
crowd.
Well, certainly some of those
with-it single people, by the laws of
nature -- or adoption, where appropriate --
3756
end up a few years later wheeling those little
carriages around. And, look, I was once -- it
didn't occur to me before I had kids to ask
where's the school, what are we doing. That
was many years ago. All of a sudden they say:
Oh, well, yes, you know, what a cute little
baby. How old is he or she? Nine months old.
Oh. And they say: By the way, where's the
school here? There isn't any.
And, you know, once that child
climbs out of the baby carriage, the stroller,
which doesn't take too long, and wants to kick
a ball and then throw a ball, they find out
there's nowhere to do that but in the concrete
canyons of Lower Manhattan.
And the answer you get back --
because I've tried to bring about, in a
particular case, a place for a high school
down there to have -- the high school my son
goes to, hundredth anniversary next year of
the high school and its football program, the
oldest high school football program in
America, we believe. Never, ever, ever has it
had a field or a place to practice. They have
to get on buses and traipse -- spend literally
3757
an hour a day or more on a bus to get to some
park where they're not guaranteed practice
space.
This is how we in New York City, in
Manhattan, treat our children. And that high
school is supposed to be the pride of the
whole state. It has more Intel winners every
year than any other high school in America.
But we can't provide them anywhere
to have gym classes outdoors, to have any kind
of their -- the girls' and boys' baseball and
softball teams have to take subways all the
way up to Central Park for a practice. The
track team has to go to 165th Street from
Chamber Street to practice track.
And all I get back from the City of
New York is: Well, land's too valuable down
there.
And I raise this because I just
testified Monday, I believe -- I submitted
testimony to the City Planning Commission on a
city-owned piece of land. The city owns it.
The public owns it. And it's -- the proposal
is for a private developer. It was originally
supposed to be for commercial space. Who are
3758
we kidding? There's not the demand for
commercial space in Lower Manhattan that there
once was. So now residential development.
Why are we taking one of the few
pieces of publicly owned land and giving it
over to development? The city wants the
bucks. What about all those kids? They are
now -- by the way, this piece of land is
adjacent to an intermediate school that has no
field. It's across the street from a lower
school, an elementary school that has no field
or playground except a little patch of
asphalt, and is diagonally across the street
from Stuyvesant High School, with 3,200 kids
who are supposed to be our best and brightest
who have nowhere to play, nowhere to play
softball, baseball, soccer, football, whatever
their sports program has.
So I fault the city -- and I know
the city wants this bill -- I fault the city
for a lack of vision. A lack of vision. If
you're really planning a Lower Manhattan for
increased residential use, you have to meet
this demand. Or else you will get an unstable
community for wealthy younger or older people.
3759
And those younger people, when they
have families, will go where the fields are.
They'll go where the schools are. They'll go
where the amenities are. They'll go to
New Jersey.
And the State of New York and the
City of New York can kiss their taxes goodbye,
can kiss that whole taxpaying base goodbye --
that we, by subsidies and by giving over to
developers public land, have in effect
subsidized their living there, and now we lose
the benefit of it. The benefit being a stable
community with good taxpaying residents who
support our city financially and otherwise and
who build the spirit of New York.
I'm going to vote for this bill
because I've also been annoyed at some
examples in the past couple of years where the
city in effect seemed to be -- in one case,
the state; in one case the state removed state
agency employees from Lower Manhattan to put
them somewhere else. Even as the state was
saying we have all these incentive programs to
attract businesses to Lower Manhattan, they
pulled out state agency employees, moved them
3760
to midtown Manhattan.
I appreciate that there's some
flexibility here, because in attracting
businesses back to Lower Manhattan or into
Lower Manhattan, they are now all aware of
something that a lot of them didn't focus on
in the past, and that is the need to disperse
their operations.
And believe me, the other half of
my district, in Brooklyn, has been benefitting
from all sorts of development initiatives that
are clearly targeted for meeting this need for
dispersal of operations in the event, God
forbid, there's ever another incident such as
9/11.
But I do appreciate my colleague's
concern for sponsoring a bill that has such an
impact on my district. And were I feeling
more energetic today, I would just go on and
on and on and on, and on and on and on, about
the benefits of Lower Manhattan.
But that said, I will vote for the
legislation.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
3761
SENATOR MONTGOMERY: Yes, Mr.
President. I just want to speak very briefly
on this legislation.
It also impacts my district and my
borough, my county. And I want to say that
we -- while we have been rushing, over the
years, or at least moving consistently to
create programs that provide incentives for
economic development projects, supposedly that
create jobs, that bring jobs, new jobs
hopefully to areas, we consistently find
ourselves being very generous to the community
that does the development.
But we're not willing and we don't
come up with programs that assist the
communities that are being developed to also
be able to compete and to create jobs as a
community, while we provide subsidies for
these large corporations that we say, and they
say, they promise, that are going to create
jobs.
We know that our experience has
been that they don't do that. Developers come
in, they bring in corporations, they bring in
anchor tenants, in my experience, that in fact
3762
create few if any new employment opportunities
and especially employment opportunities for
the communities that they relocate to.
So I think that we need to think
through this process much more carefully. And
we also need more planning. I think the
issues raised by Senator Connor are critical,
that we have incentives for relocation and
development in the outer boroughs without any
planning for what that development means to
new communities.
So, for instance, we have a
proposal to bring 4500 new apartments in a
very large complex, with commercial and with a
stadium, with a dozen or more tall buildings,
up to 60 stories, in a neighborhood that is
essentially a brownstone neighborhood all
around it.
No planning for additional
supportive infrastructure that will be
required. No planning for additional schools
that will be required or other amenities that
we are going to need for families, new
families moving in. Or no consideration for
the context of the neighborhood that these
3763
buildings are being planned for.
This is the kind of development
that we encourage when we have programs like
this that provide incentive and support for
this kind of development, especially in the
outer boroughs. But now Senator Connor is
talking even in Lower Manhattan.
These are issues that we need to
have addressed. Those of us who represent
these areas, who are familiar and understand
what the needs are, we want to know what
this -- that these issues are going to be part
of the support and part of the program as we
subsidize this kind of development.
So unlike Senator Connor, I am
going to vote no on this legislation because I
want to be on record as being in opposition to
this process.
We should not continue to support
corporations, developers who don't essentially
make economic development a reality for the
communities that we are supposed to represent.
They make money for people who don't live in
our districts; they do not support amenities
that we need to make the quality of life for
3764
our constituents better.
So we need to rethink this process
and not continue to support it. I vote no.
ACTING PRESIDENT MORAHAN:
Senator Montgomery will be recorded in the
negative.
Senator Padavan.
SENATOR PADAVAN: Without
belaboring the discussion of this bill, I
would simply rise to attempt to place the
concerns expressed by Senator Montgomery in
the proper context.
I have no illusions about changing
your vote, but at the same time I do want you
to understand that what you said, in part, is
in error.
In the first place, these aren't
just large corporations. It's a small
business. It could be anything that relocates
from one area to your district, which has high
unemployment, which I'm sure you would
acknowledge. Not a large corporation, a small
business of 10, 15, 20 people, and will have
to hire more people in order to justify the
benefits they would receive under REAP. That
3765
provides an opportunity for local employment.
There's nothing in this bill that
in any way, shape or form is adverse to local
zoning, local planning, or any other
protection that residential communities have
and are entitled to in the City of New York,
including the building code, the zoning
resolution, the city planning map. You could
go on and on.
So in encouraging businesses to
come into areas where there's underemployment,
underdevelopment, by giving them certain
incentives is of benefit to everyone and
certainly doesn't hurt anyone.
Now, I will not quarrel with
Senator Connor's observations about the need
for amenities such as schools and parks for
areas where there is housing being developed.
But this bill has absolutely nothing to do
with that.
There's nothing in the REAP
legislation one way or the other that deals
with the development of housing, whether it's
in Battery Park City or any other part of the
City of New York. So we are, in that sense,
3766
we're putting apples and oranges.
But again, Senator Montgomery, I
would suggest to you that in the parts of the
city such as districts that you represent and
you've described to us on many, many
occasions, this can only be a plus, not a
negative.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Hoffmann.
SENATOR HOFFMANN: Yes, Mr.
President, I request unanimous consent to be
recorded in the negative on Calendar 1245,
3767
passed earlier today.
ACTING PRESIDENT MORAHAN:
Senator Hoffmann will be recorded in the
negative on 1245.
SENATOR HOFFMANN: Thank you.
ACTING PRESIDENT MORAHAN:
Senator Little.
SENATOR LITTLE: Thank you, Mr.
President. I would request unanimous consent
to be recorded in the negative on Calendar
Number 1245.
ACTING PRESIDENT MORAHAN:
Without objection, Senator Little will be
recorded in the negative on Calendar Number
1245.
Senator Connor.
SENATOR CONNOR: Yes, Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1292.
ACTING PRESIDENT MORAHAN:
Senator Connor will be recorded in the
negative on Calendar 1292.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
3768
Mr. President. Can we lay aside for the day
Calendar Number 661 and Calendar Number 1112.
ACTING PRESIDENT MORAHAN: Those
bills are laid aside for the day.
SENATOR MARCELLINO: And can we
also call an immediate meeting of the Rules
Committee in the Majority Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
SENATOR MARCELLINO: The Senate
will stand at ease, please, pending the report
of the Rules Committee.
ACTING PRESIDENT MORAHAN: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 4:41 p.m.)
(Whereupon, the Senate reconvened
at 4:56 p.m.)
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
3769
ACTING PRESIDENT MORAHAN: Yes,
there is.
SENATOR MARCELLINO: Please clean
the house.
ACTING PRESIDENT MORAHAN:
Senator Seward.
SENATOR SEWARD: Mr. President,
on page number 54 I offer the following
amendments to Calendar Number 1370, Senate
Print Number 6868A, and ask that the bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: The,
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR SEWARD: And, Mr.
President, on behalf of Senator LaValle, I
wish to call up Calendar Number 922, Assembly
Print Number 7143.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
922, by Member of the Assembly Canestrari,
Assembly Print Number 7143, an act to amend
3770
the Education Law.
SENATOR SEWARD: I now move to
reconsider the vote by which this Assembly
bill was substituted for Senator LaValle's
bill, Print Number 289, on May 3rd.
ACTING PRESIDENT MORAHAN: Call
the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
SENATOR SEWARD: Mr. President, I
now move that Assembly Bill Number 7143 be
committed to the Committee on Rules and
Senator LaValle's Senate bill be restored to
the order of Third Reading Calendar.
ACTING PRESIDENT MORAHAN: So
ordered.
SENATOR SEWARD: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT MORAHAN: You're
welcome.
SENATOR MARCELLINO: Mr.
President, will you recognize Senator LaValle,
3771
please.
ACTING PRESIDENT MORAHAN:
Senator LaValle.
SENATOR LaVALLE: Thank you, Mr.
President. May I have unanimous consent to be
recorded in the negative on Calendar Number
1491.
ACTING PRESIDENT MORAHAN:
Senator LaValle will be recorded in the
negative on 1491.
Senator Parker.
SENATOR PARKER: Mr. President,
I'd like to request unanimous consent to be
recorded in the negative on Calendar Number
1433.
ACTING PRESIDENT MORAHAN:
Without objection, Senator Parker will be
recorded in the negative on Calendar 1433.
Senator Marcellino.
SENATOR MARCELLINO: Can we
return to the reports of standing committees.
I believe you have a report of the
Rules Committee at the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
3772
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills direct to third reading:
Senate Print 1266, by Senator
Meier, an act to amend the Family Court Act;
3106, by Senator Meier, an act to
amend the General Municipal Law;
3885, by Senator Robach, an act to
amend the Civil Service Law;
5549, by Senator Oppenheimer, an
act authorizing;
5953, by Senator Bonacic, an act to
amend the Education Law;
6297A, by Senator Golden, an act in
relation;
6319A, by Senator Fuschillo, an act
to authorize;
6531, by Senator Hoffmann, an act
to amend the Tax Law;
6618, by Senator Robach, an act to
amend the Tax Law;
6963, by Senator Meier, an act to
amend the Real Property Tax Law;
6964B, by Senator Meier, an act to
amend the Real Property Tax Law;
3773
6966, by Senator Meier, an act in
relation;
6999, by Senator Padavan, an act to
amend;
7208A, by Senator Volker, an act to
amend the Criminal Procedure Law;
7321A, by Senator Wright, an act to
amend the Penal Law;
7417, by Senator Nozzolio, an act
to amend the Criminal Procedure Law;
7421, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
7426, by Senator McGee, an act to
authorize;
7438, by Senator Bonacic, an act to
amend the Private Housing Finance Law;
7450, by Senator Flanagan, an act
to amend Chapter 193 of the Laws of 2001;
7456, by Senator Nozzolio, an act
to amend the Penal Law;
7460, by Senator Bruno, an act to
amend the Judiciary Law;
7464, by Senator Mendez, an act to
amend the Administrative Code of the City of
New York;
3774
7466, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
7467, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
And Senate Print 7471, by Senator
Bruno, an act to amend the Tax Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I move to accept the report of the
Rules Committee.
ACTING PRESIDENT MORAHAN: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
Rules report is accepted.
SENATOR MARCELLINO: Mr.
President, there being no further business
3775
before the house, I move we adjourn until
tomorrow, June 16th, at 11:00 a.m.
And there will be an immediate
meeting of the Majority conference in the
Majority Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Majority
in the Majority Conference Room.
On motion, the Senate stands
adjourned until Wednesday, June 16th, at
11:00 a.m.
(Whereupon, at 5:02 p.m., the
Senate adjourned.)