Regular Session - July 20, 2004
5298
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
July 20, 2004
3:47 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 is Rabbi Elliot I. Lachman -- that's
correct, the son of the Senator, I daresay,
although he probably didn't want me to
acknowledge that. He's from Ner Israel
Rabbinical College in Pikesville, Maryland.
RABBI LACHMAN: May the Almighty
grant the members of this esteemed body the
wisdom and knowledge to understand the true
needs and interests of the citizens of this
great State of New York and the resolve to act
in accordance with these needs and interests
and in accordance with the dictates of justice
and morality.
May He furthermore grant them the
discernment necessary to distinguish between
actions which advance these needs and
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interests and actions that set them back;
between actions that are in consonance with
and promote the ideals of morality, justice,
compassion, and charity and actions that are
destructive of these ideals; between actions
which promote the good of the citizenry as a
whole and actions that promote the good of
only an individual or a group at the expense
of the good of the citizenry as a whole.
May He grant them the fortitude and
courage to act on the basis of their
conscience and convictions, and may He inform
their consciences and convictions to more
closely approximate His infinite goodness in
whose image we are all created.
Thank you.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, July 19, the Senate met pursuant to
adjournment. The Journal of Sunday, July 18,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
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read.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
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 Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator LaValle, I
move to amend Senate Bill Number 6255B by
striking out the amendments made on 6/18 and
restoring it to its original previous print,
6255A.
5302
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Robach, I wish
to call up Senate Print Number 6246, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1041, by Senator Robach, Senate Print 6246, an
act to amend the Town Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR FUSCHILLO: Commit the
bill to Rules.
THE PRESIDENT: So ordered.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Morahan, I
5303
wish to call up Senate Print Number 6824A,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1352, by Senator Morahan, Senate Print 6824A,
an act to authorize the Town of Stony Point.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR FUSCHILLO: Commit the
bill to Rules.
THE PRESIDENT: So ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar in
its entirety.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar in its
entirety please signify by saying aye.
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(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could stand at ease at this time.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 3:51 p.m.)
(Whereupon, the Senate reconvened
at 4:00 p.m.)
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
And then if we could return to
reports of standing committees, there's a
report of the Finance Committee at the desk.
ACTING PRESIDENT BONACIC:
Immediate meeting of the Rules Committee in
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the Senate Conference Room.
We will return to reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the State Liquor
Authority, Lawrence J. Gedda, of Lynbrook.
As a member of the State Board of
Parole, Thomas Patrick Grant, of Rensselaer.
As a member of the
Rochester-Genesee Regional Transportation
Authority, Michael Jankowski, of Palmyra.
As a member of the State Board for
Historic Preservation, Arete Swartz Warren, of
New York City.
As a member of the Empire State
Plaza Art Commission, Arete Swartz Warren, of
New York City.
ACTING PRESIDENT BONACIC:
Tom -- excuse me, Tom.
I know we're all excited to be
back; we have a lot to talk about. But could
I please ask that we keep the chambers quiet.
5306
If you have conferences, take them out of the
chambers. Thank you very much.
Tom.
THE SECRETARY: As a member of
the Fire Fighting and Code Enforcement
Personnel Standards and Education Commission,
Kevin Seamus Malley, of the Bronx.
As commissioner of the State
Insurance Fund, Charles Scott Bowen, of
Binghamton.
And as a member of the Board of
Visitors of the Agricultural and Industrial
School at Industry, Charles Burton Grimm, of
Scottsville.
ACTING PRESIDENT BONACIC:
Senator Johnson.
SENATOR JOHNSON: Move the
nominations.
ACTING PRESIDENT BONACIC: The
question is on the nominations as read by the
Secretary. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC: All
opposed, nay.
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(No response.)
ACTING PRESIDENT BONACIC: The
nominees are hereby confirmed.
Senator Alesi.
SENATOR ALESI: Mr. President,
may we stand at ease for just a few moments.
ACTING PRESIDENT BONACIC: The
chamber will stand at ease for a few moments.
(Whereupon, the Senate stood at
ease at 4:04 p.m.)
(Whereupon, the Senate reconvened
at 4:06 p.m.)
ACTING PRESIDENT BONACIC:
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to motions and
resolutions.
I believe that I have a privileged
resolution at the desk, and it is Number 5864.
I would ask that it be read in its entirety
and move for its immediate adoption.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 5864, mourning
5308
the death of Mario Scarselletta, Jr., and
paying tribute to his numerous contributions
to the labor community.
"WHEREAS, It is the custom of this
Legislative Body to publicly mourn the death
of prominent citizens of New York State who
distinguished themselves in service to the
cause of working men and women of this great
Empire State; and
"WHEREAS, Mario Scarselletta, Jr.,
of Queensbury, New York, died on Friday,
July 2, 2004, at the age of 72; and
"WHEREAS, Born in Glens Falls to
Mario and Isabel Scarselletta, Mario Jr. was a
lifelong area resident and respected labor
leader; and
"WHEREAS, Mario Scarselletta, Jr.,
attended Abraham Wing Elementary School and
Glens Falls High School; and
"WHEREAS, from 1949 to 1953, Mario
Scarselletta, Jr., served his country as a
member of the United States Army. He served
in the Heavy Mortar division during the Korean
War. He was awarded several medals for his
service, including the Good Conduct Medal, a
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Korean Service Medal with three Bronze Stars,
an Army of Occupation Medal with Japan Clasp,
the Combat Infantryman Badge 1st Award, and
the Purple Heart Medal; and
"WHEREAS, Mario Scarselletta, Jr.,
began his career in the paper industry in 1953
when he worked on a rewinder machine at Finch,
Pruyn and Company in Glens Falls; and
"WHEREAS, He became president of
the Pulp, Sulphite and Paper Mill Workers
Union Local 18, a position he held for
10 years. He attended labor-relations courses
at Cornell University's School of Industrial
and Labor Relations and at Rutgers University;
and
"WHEREAS, Mario Scarselletta, Jr.,
went on to become an International
Representative for the United Paperworkers
International Union (UPIU) in 1963, and was
elected regional vice president for UPIU
Region II in 1991. He served as vice
president until his retirement in 2000; and
"WHEREAS, During his tenure with
the union, Mario Scarselletta, Jr., had many
accomplishments. He organized workers into
5310
unions at several local paper mills, served on
the New York State AFL-CIO Board of Directors,
was vice president of the New York Consumer
Assembly, served as chairman of the UPIU
Pension Fund, was a member of the Statewide
Labor Advisory Committee at Cornell
University, served on the United Way Board of
Directors, was appointed to the New York State
Hazard Abatement Board and the Governor's
Advisory Board for Forest Products, was active
on the planning committee for the Capital
District Labor Parade, and was founding member
of the Cooper's Cave Credit Union; and
"WHEREAS, Most importantly, Mario
Scarselletta, Jr., was a steadfast advocate
for workers' rights and labor-management
collaboration; and
"WHEREAS, Mario Scarselletta, Jr.,
distinguished himself in his profession by his
sincere dedication and substantial
contribution to the welfare of his community;
and
"WHEREAS, Mario Scarselletta, Jr.,
was a charter member of the Korean War
Veterans Association, the American Legion Post
5311
133, Veterans of Foreign Wars Post 2476, and
the Glens Falls Elks Club Lodge 81; and
"WHEREAS, Mario Scarselletta, Jr.'s
commitment to excellence and his spirit of
humanity carried over into all fields of
enterprise, including charitable and civic
endeavors; and
"WHEREAS, The sincere condolences
of this Legislative Body are offered in great
respect and loving honor to Mario
Scarselletta, Jr.'s treasured family: his
devoted wife of 40 years, Marie; four
children, Anthony (Lisa), Susan (Richard),
Diana (Richard), and Mario (Felicia); nine
grandchildren, Tony, Lindsay, Erica, Thomas,
Eli, Luke, Leo, Rocco, and Liam; a brother,
Joseph; and three sisters, Helen, Isabelle and
Sister Theresa; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay
grateful tribute to the life and
accomplishments of Mario Scarselletta, Jr.,
recognizing the significance of his exemplary
record of public service; and be it further
"RESOLVED, That a copy of this
5312
resolution, suitably engrossed, be transmitted
to the family of Mario Scarselletta, Jr."
ACTING PRESIDENT BONACIC:
Senator Bruno.
SENATOR BRUNO: Thank you, Mr.
President, colleagues.
I'm not going to go on at length,
because you just heard a chronicle, in that
resolution, of a very great man. A great man
and a really close friend of mine.
We grew up in Glens Falls, grew up
together. He always kidded about me being
older than he -- and he's right, I was, a
couple of years. Sold papers together from
the time we were 9, 10, and 11.
Mario had a very large family from
the East End, but Mario's whole life was one
of, as an adult, giving back to his community.
Went to work at the Finch, Pruyn paper mill,
started at the lowest level, went up through
the ranks, became an executive in the
International Paperworkers, as they were known
at that time, representing really the
Northeast for them.
He was a tough negotiator, but a
5313
guy with the biggest heart as related to
sharing and giving.
You heard, went to Korea -- three
Bronze Stars. It was written up in a book
where his name was specifically mentioned for
the action. A Good Conduct Medal, Purple
Heart, wounded over there.
But, you know, his pride and joy
were his four children and nine grandchildren.
Four children, two boys, two girls; nine
grandchildren. Beautiful children. And Mario
was so proud that two of them ended up with
Ph.D.s. And that was all from his being a
role model.
He helped me in my first
campaign -- I think this was before Senator
Little was born -- when I was first running.
And he is now -- has been, and his family are,
constituents, in the town of Queensbury, of
Senator Little's.
His wife, Marie, has been a partner
of his for 40 years. And it's a huge loss in
that community, huge loss to me, huge loss to
all the people that he worked to help in the
labor movement and generally in the community
5314
at large.
And I appreciate all of you in
terms of your responsiveness to this
resolution. Thank you.
ACTING PRESIDENT BONACIC:
Senator Little.
SENATOR LITTLE: Thank you, Mr.
President.
It's an honor for me to be able to
speak this afternoon in memory of Mario
Scarselletta. I join him and Senator Bruno in
having been born in Glens Falls and raised on
the now famous East End of Glens Falls, since
we were all East Enders.
But Mario Scarselletta did a
tremendous job for the people of my district
who worked in paper mills. And certainly
International Paper and Finch, Pruyn were some
of the biggest employers in the area. And his
advocacy on behalf of those people who worked
in the paper mills is truly above and beyond
what anyone else has ever done in the area.
He was a true negotiator. He was one who set
goals, who stood by his beliefs, and yet he
always achieved results.
5315
My experience with Mario, other
than knowing him through the community and all
of his community works, was his helpfulness to
me when I first became a member of the
Assembly and was first faced with a strike at
a paper company within my district. And
seeing Mario at church Sunday morning, 7:30
mass, we would discuss the issue after church,
he would give me some good advice, I talked to
him on the telephone. He truly was a person
who was interested in the community,
interested in the welfare of the workplace and
very, very helpful to me.
And we truly extend our sympathy to
the family. Their loss is great, but his
legacy is even greater.
Thank you.
ACTING PRESIDENT BONACIC: Thank
you, Senator Little.
Anyone else wish to speak on the
resolution?
The question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
5316
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
have another resolution at the desk, 5865. I
would ask that the title be read and move for
its immediate adoption.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 5865, honoring
Saratoga Springs native Dottie Pepper upon the
occasion of her retirement after an
illustrious career with the Ladies
Professional Golf Association.
ACTING PRESIDENT BONACIC:
Senator Bruno.
SENATOR BRUNO: Mr. President,
you know, on this floor we honor a lot of
people. And we today recognize and honor the
accomplishments of Dottie Pepper.
Dottie is from Saratoga Springs, in
my district. Dottie announced this year her
5317
retirement from the Ladies Professional Golf
Association tour.
Now, making the tour and staying on
tour is world-class, and there are very few
professionals that can stay there. Dottie
Pepper won the state amateur, I believe in
'81. Now, just think about she has won 17
LPGA championships, golf tournaments.
Seventeen.
She is truly legendary on the pro
circuit. But not just for her accomplishments
out there in swinging a golf club and winning,
but for her inspiration, for her commitment,
for her dedication, for her way with people
and the way she relates. She is a role model
for everyone.
And for those that are out there
hacking around the golf course, like I do, how
much can we respect someone like Dottie
Pepper? She is just above and beyond what
words can describe.
Now, Dottie, while she has
announced that she's retiring from active
competition, she is going to be back up here.
And she has mentioned that she's going to
5318
bring a pro LPGA tournament to upstate New
York somewhere, and we're going to work with
Dottie and help her in whatever her mission
is.
Because you can be sure she's going
to be relating to people, relating to young
people, continuing to be an inspiration, a
role model to everyone that's out there who
has watched her outstanding, great career.
So we wish Dottie the very best in
everything, in her getting off the circuit and
going on into another active part of her life.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Anyone
else wish to be heard?
The question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
5319
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read at this time.
ACTING PRESIDENT BONACIC:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2992C, by Senator
Marchi, an act to amend the Judiciary Law;
4158, by Senator Balboni, an act to
authorize;
4162B, by Senator Balboni, an act
to amend the Vehicle and Traffic Law;
4348B, by Senator Spano, an act to
amend the Town Law;
5663, by Senator Flanagan, an act
to amend Chapter 594 of the Laws of 1996;
6033B, by Senator Spano, an act to
amend the Real Property Tax Law;
6133, by Senator Montgomery, an act
authorizing the City of New York;
7578, by Senator Connor, an act to
5320
authorize the City of New York;
7649, by Senator Rath, an act to
amend the Town Law;
7670, by Senator Trunzo, an act to
amend the Real Property Tax Law;
7671, by Senator Padavan, an act to
amend the Public Authorities Law;
7672, by Senator Leibell, an act
authorizing;
7673, by Senator Skelos, an act to
amend the Penal Law;
7674, by Senator Farley, an act to
amend a chapter of the Laws of 2004;
7677, by Senator Robach, an act to
amend the General Municipal Law;
And Assembly Print 7938A, restored,
by the Assembly Committee on Rules, an act to
amend the Public Health Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President, I
move to accept the report of the Rules
Committee.
5321
ACTING PRESIDENT BONACIC: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the calendar at this time,
noncontroversial.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Calendar Number
1099, by the Assembly Committee on Rules,
Assembly Print Number 7938A, an act to amend
the Public Health Law.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
5322
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1871, Senator Marchi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7244C and substitute it
for the identical Senate Bill Number 2992C,
Third Reading Calendar 1871.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1871, by Member of the Assembly John, Assembly
Print Number 7244C, an act to amend the
Judiciary Law.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
5323
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1872, Senator Balboni moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7410 and substitute it
for the identical Senate Bill Number 4158,
Third Reading Calendar 1872.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1872, by Member of the Assembly DiNapoli,
Assembly Print Number 7410, an act to
authorize the Temple Isaiah of Great Neck.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Bonacic recorded in the negative.
5324
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1873, Senator Balboni moves to
discharge, from the Committee on Rules,
Assembly Bill Number 321C and substitute it
for the identical Senate Bill Number 4162B,
Third Reading Calendar 1873.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1873, by Member of the Assembly Morelle,
Assembly Print Number 321C, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of October.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
5325
THE SECRETARY: Calendar Number
1874, by Senator Spano, Senate Print 4348B, an
act to amend the Town Law, in relation to the
election.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1875, by Senator Flanagan, Senate Print 5663,
an act to amend Chapter 594 of the Laws of
1996, relating to preservation, protection and
management.
SENATOR SABINI: Lay it aside.
ACTING PRESIDENT BONACIC: The
bill is laid aside.
THE SECRETARY: In relation to
Calendar Number 1876, Senator Spano moves to
discharge, from the Committee on Rules,
5326
Assembly Bill Number 9418B and substitute it
for the identical Senate Bill Number 6033B,
Third Reading Calendar 1876.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1876, by Member of the Assembly Brodsky,
Assembly Print Number 9418B, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT BONACIC: There
is a home-rule message at the desk.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1877, Senator Montgomery moves
to discharge, from the Committee on Rules,
5327
Assembly Bill Number 9723 and substitute it
for the identical Senate Bill Number 6133,
Third Reading Calendar 1877.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1877, by Member of the Assembly Robinson,
Assembly Print Number 9723, an act authorizing
the City of New York to reconvey its interest.
ACTING PRESIDENT BONACIC: 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 BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1878, Senator Connor moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11662 and substitute it
5328
for the identical Senate Bill Number 7578,
Third Reading Calendar 1878.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1878, by the Assembly Committee on Rules,
Assembly Print Number 11662, an act to
authorize the City of New York to discontinue
the use as parkland.
ACTING PRESIDENT BONACIC: 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 BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1879, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11570 and substitute it
5329
for the identical Senate Bill Number 7649,
Third Reading Calendar 1879.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1879, by the Assembly Committee on Rules,
Assembly Print Number 11570, an act to amend
the Town Law.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1880, by Senator Trunzo, Senate Print 7670, an
act to amend the Real Property Tax Law, in
relation to limitation.
ACTING PRESIDENT BONACIC: Read
the last section.
5330
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1881, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4709A and substitute it
for the identical Senate Bill Number 7671,
Third Reading Calendar 1881.
ACTING PRESIDENT BONACIC:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1881, by Member of the Assembly Brennan,
Assembly Print Number 4709A, an act to amend
the Public Authorities Law.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
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ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1882, by Senator Leibell, Senate Print 7672,
an act authorizing the Pawling Central School
District.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1883, by Senator Farley, Senate Print 7674, an
act to amend a chapter of the Laws of 2004,
relating to an audit of receipts.
ACTING PRESIDENT BONACIC: Read
5332
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
1884, by Senator Skelos, Senate Print 7673, an
act to amend the Penal Law, in relation to
causing the false report.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BONACIC: The
bill is passed.
THE SECRETARY: Calendar Number
5333
1885, by Senator Robach, Senate Print 7677, an
act to amend the General Municipal Law and
others, in relation to retirement
contribution.
ACTING PRESIDENT BONACIC: Read
the last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
Senator Skelos, that completes the
noncontroversial reading of the Rules report.
SENATOR SKELOS: Thank you, Mr.
President. I believe there's one bill left.
So if we could take up Calendar Number 1875,
by Senator Flanagan, at this time.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Calendar Number
1875, by Senator Flanagan, Senate Print 5663,
an act to amend Chapter 594 of the Laws of
5334
1996.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT BONACIC:
Senator Flanagan, an explanation has been
requested.
SENATOR FLANAGAN: Thank you, Mr.
President.
Briefly, this bill would extend for
four years the leases on certain cottages that
exist within the town of Brookhaven. At a
place known as West Meadow Beach, there's
approximately 93 cottages.
And this would provide for
additional revenue to the town. And there is
a -- while it is not required, we do have a
home rule message from the town board of the
Town of Brookhaven that was passed last week.
ACTING PRESIDENT BONACIC: Thank
you, Senator Flanagan.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
If, through you, the sponsor would yield
please, Mr. President.
ACTING PRESIDENT BONACIC: Will
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the sponsor yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT BONACIC:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
Is this a two-house bill or a
one-house bill?
SENATOR FLANAGAN: Right now it's
a one-house bill.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT BONACIC:
Senator Flanagan, will you continue to yield?
SENATOR FLANAGAN: Yes.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Mr. President.
So my understanding of the history
is that these properties were supposed to be
turned back over to the town so that the town
could use this as a park, as had been agreed
upon previously by the town, and that in fact
this even was an agreement driven by a court
decision.
5336
Could you clarify why we're being
asked to change this now, after an agreement
was reached, after a court decision was made,
and after the timeline has come to an end?
SENATOR FLANAGAN: A couple of
different things.
First of all, I would respectfully
suggest that we change laws all the time.
This would be no different in that basic and
fundamental respect.
The second thing is I have worked
with the town, I have also worked with people
within the town of Brookhaven, people who are
cottage renters right now, and they have all
advocated for an extension on this.
And I would suggest, too, that this
provides a stream of revenue to the Town of
Brookhaven that would help further the
acquisition of open space.
SENATOR LIZ KRUEGER: Mr.
President.
ACTING PRESIDENT BONACIC:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
If, through you, the sponsor would continue to
5337
yield.
ACTING PRESIDENT BONACIC:
Senator Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
SENATOR LIZ KRUEGER: Thank you.
My reading of some materials from
this district show that actually it's fairly
controversial, not total agreement with your
proposal here today.
And since you mention the desire to
raise money for acquisition of public lands,
as I read this, the current law doesn't allow
a transfer or a conveyance of a cottage when
it becomes empty, but rather there should be
some kind of open lottery, but that in most
cases this has not taken place.
But there are subtenants for many
of these cottages who are paying as much as
$40,000 for the summer season, when the annual
rent to the town for the lease payments is
only $7,000.
One of the issues that's been
raised in some of the newspaper stories I was
reading is that a small number of people who
are involved in the cottages are actually
5338
collecting a significant portion of the income
from these subleases, rather than that money
actually going to the town, which technically
should have the rights to this property to be
turning it back into a park.
Don't we see a conflict between the
interests of a small number of people who seem
to be making some money on this deal and
continuing to try to hold onto cottages where
there was a previous agreement that it should
go back into being parkland for the district?
SENATOR FLANAGAN: Well, a couple
of different things.
First of all, I know facts. I
don't know the speculation that you're
referring to. I know what the rent is, I know
what the town gets now. I know what this bill
says, I know what the town would get if this
bill became law.
The prospect or the idea that there
might be subtenants, I'm not aware of any of
them. There are 93 cottages. I couldn't tell
you right now who's in them, who's not in
them. I do know that it's a stream of revenue
that exists for the town right now. I do
5339
believe that it is considered parkland. And I
also do believe that the town already has
title to the property.
SENATOR LIZ KRUEGER: Mr.
President.
ACTING PRESIDENT BONACIC:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
If, through you, the sponsor would continue to
yield.
ACTING PRESIDENT BONACIC:
Senator Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
SENATOR LIZ KRUEGER: Thank you.
The notes I have, Senator, say it's
$7,000 per year to the town on 93 cottages.
That would be about $630,000 in income. But
the reports are that at least a third of these
cottages have been transferred or conveyed to
new subtenants, even though there has only
been one lottery for one vacant cottage on
record.
So it does appear that there's a
significant number of transfers of these
cottages, even though only one has been
5340
recorded.
But I guess I'm a little confused.
Are these cottages now, under the law as you
understand it, publicly owned and in a public
park?
SENATOR FLANAGAN: Yes.
SENATOR LIZ KRUEGER: They are
publicly owned in a public park.
Mr. President, through you, if the
sponsor would continue to yield.
ACTING PRESIDENT BONACIC:
Senator Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT BONACIC:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
So if they are, as you said, public
cottages in a designated public park, why are
we now, in the middle of summer, with a
one-house bill, trying to change the rules of
the game as they exist and as they're
understood to exist in that community?
SENATOR FLANAGAN: Well, Senator
Krueger, I believe I've -- I'll answer one
more time, but I'm going to leave it at that.
5341
This provides additional revenue
for the town. The money can be used for the
preservation of open space within the town of
Brookhaven. The town of Brookhaven has
provided a home-rule message in support of
this bill.
I would respectfully suggest to you
that this is a local bill, confined to the
town of Brookhaven. And if any of the issues
that you raise -- which I consider to be
speculative, because I don't have any facts
before me to indicate what you're saying is
accurate. I believe that the town has the
authority to act now to address any concerns
that they may have. They haven't even raised
any concerns with me.
I have reached out to and have
tried to work with Assemblyman Englebright to
potentially extend this, with no other idea
than the cottages seem to be a good idea,
people do enjoy them, there's a massive public
beach right adjoining this parkland.
I don't really see any downside to
this legislation.
SENATOR LIZ KRUEGER: Thank you,
5342
Mr. President. On the bill.
ACTING PRESIDENT BONACIC:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate Senator Flanagan's
answers to the questions. And I find myself
with a dilemma. Because on the one hand, it
seems to me that this state passed a law that
it was recognized that this would go back to
being public land for the community of about
450,000 residents, that a deal was struck,
that agreements were made, and now that the
timeline is over, a relatively small number of
cottage, technically, renters seem to be able
to be changing the deal. And it's not clear
to me that's in the best interests of the
public or the Town of Brookhaven.
On the other hand, I'm hearing that
the Town of Brookhaven has sent a home-rule
message and they have asked us to do this.
And I'm a big supporter of the concept that
local issues should be decided at the local
level.
And it's one of my frustrations, in
fact, that when my city, the City of New York,
5343
sends home-rule message messages up here and
asks for changes that will affect the City of
New York and not affect the rest of the state,
that we are often not allowed to bring those
bills to the floor.
For example, I don't know why we
still haven't done Urstadt repeal, allowing
the City of New York to determine its own
housing policies rather than the State
Legislature making that determination.
I don't know why we're not
reevaluating proposals for Mitchell-Lama
development buyouts. The City Council, the
Mayor have each had proposals to change the
law to protect tens of thousands of low-income
and middle-income renters who are at risk of
losing their homes because we aren't prepared
to change the rules on Mitchell-Lama housing
decades after we created good programs, not
imagining we would find ourselves 30, 40 years
later, in a worse housing crisis, needing to
hold onto that kind of housing.
So this dilemma for me is this
doesn't feel right to me, and yet I want to
respect the locality's desire to, as Senator
5344
Flanagan said, change the rules as they go
forward. And my frustration is my desire to
respect Brookhaven's wishes with my
frustration that the City of New York's wishes
are often not followed in line by this house
and this town.
So I will vote for the bill,
although I have serious concerns and
reservations about it. But I hope that my
colleagues will think through this analysis
and the importance of recognizing local
control and home-rule messages when other
bills come before us, either in special
session or in whatever we're doing on
Thursday, extraordinary session, that's in the
best interests of the City of New York and has
a home-rule message.
Thank you. I'll vote yes, Mr.
President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Krueger.
Anybody else wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5345
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT BONACIC: The
bill is passed.
Senator Skelos, that completes the
controversial reading of the Rules report.
SENATOR SKELOS: Mr. President,
if we could turn to motions and resolutions, I
believe there's a resolution at the desk by
Senator LaValle. If we could have the title
read and move for its immediate adoption.
ACTING PRESIDENT BONACIC:
Motions and resolutions.
The Secretary will read.
THE SECRETARY: By Senator
LaValle, Legislative Resolution Number 5910,
urging the New York State Congressional
delegation to reconsider the potential closure
or realignment of the New York Air National
Guard 106th Rescue Wing, from Gabreski Airport
in Westhampton Beach, New York.
ACTING PRESIDENT BONACIC: The
question is on the resolution. All in favor
5346
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT BONACIC: There
is none, Senator Skelos.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Wednesday, the
21st of July, at 12:00 noon.
ACTING PRESIDENT BONACIC: On
motion, the Senate stands adjourned until
Wednesday, July 21st, at high noon.
(Whereupon, at 4:45 p.m., the
Senate adjourned.)