Regular Session - May 9, 2005
2485
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 9, 2005
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Sunday, May 8, the Senate met pursuant to
18 adjournment. The Journal of Saturday, May 7,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 ACTING PRESIDENT MEIER: Reports
3 of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Fuschillo.
9 SENATOR FUSCHILLO: Thank you,
10 Mr. President.
11 On behalf of Senator Volker, on
12 page number 37 I offer the following
13 amendments to Calendar Number 468, Senate
14 Print Number 918, and ask that said bill
15 retain its place on Third Reading Calendar.
16 ACTING PRESIDENT MEIER: The
17 amendments are received and adopted, and the
18 bill will retain its place on the Third
19 Reading Calendar.
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, on behalf of Senator Maziarz, I
23 wish to call up Senate Print Number 976,
24 recalled from the Assembly, which is now at
25 the desk.
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1 ACTING PRESIDENT MEIER: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 120, by Senator Maziarz, Senate Print 976, an
5 act to amend the Highway Law.
6 ACTING PRESIDENT MEIER: Senator
7 Fuschillo.
8 SENATOR FUSCHILLO: I now move to
9 reconsider the vote by which the bill was
10 passed.
11 ACTING PRESIDENT MEIER: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 SENATOR FUSCHILLO: I now offer
16 the following amendments.
17 ACTING PRESIDENT MEIER: The
18 amendments are received.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President,
21 are there any substitutions at the desk?
22 ACTING PRESIDENT MEIER: Yes,
23 there are.
24 SENATOR BRUNO: I move we accept
25 the substitutions.
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1 ACTING PRESIDENT MEIER: The
2 Secretary will read the substitutions.
3 THE SECRETARY: On page 4,
4 Senator Morahan moves to discharge, from the
5 Committee on Mental Health and Developmental
6 Disabilities, Assembly Bill Number 2972 and
7 substitute it for the identical Senate Bill
8 Number 2704, First Report Calendar 800.
9 ACTING PRESIDENT MEIER:
10 Substitution ordered.
11 Senator Bruno.
12 SENATOR BRUNO: Mr. President, I
13 believe there's a resolution at the desk by
14 Senator Morahan. I would ask that the title
15 be read and move for its immediate adoption.
16 ACTING PRESIDENT MEIER: The
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Morahan, Legislative Resolution Number 1767,
20 honoring Marie Solange Francois upon the
21 occasion of her designation as recipient of
22 the 2005 Outstanding Contribution by a Senior
23 Citizen Award.
24 ACTING PRESIDENT MEIER: On the
25 resolution, all those in favor signify by
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1 saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MEIER: Those
4 opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MEIER: The
7 resolution is adopted.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President, I
10 believe there's a Resolution 1748, by Senator
11 Golden. I would ask that the title be read
12 and move for its immediate adoption.
13 ACTING PRESIDENT MEIER: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 Golden, Legislative Resolution Number 1748,
17 honoring Clarence and Jeannie Soule upon the
18 occasion of their designation as recipients of
19 the 2005 Senior Citizens of the Year Award.
20 ACTING PRESIDENT MEIER: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MEIER: Those
25 opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT MEIER: The
3 resolution is adopted.
4 Senator Bruno.
5 SENATOR BRUNO: Mr. President, I
6 believe there's another resolution by Senator
7 Golden, Number 1749. I ask that the title be
8 read and move for its immediate adoption.
9 ACTING PRESIDENT MEIER: The
10 Secretary will read.
11 THE SECRETARY: By Senator
12 Golden, Legislative Resolution Number 1749,
13 memorializing Governor George E. Pataki to
14 proclaim May 2005 as Older Americans Month in
15 the State of New York.
16 ACTING PRESIDENT MEIER: Senator
17 Golden.
18 SENATOR GOLDEN: Thank you,
19 Acting Chairman.
20 I rise today to speak with pride
21 about the resolution proclaiming May as Older
22 Americans Month.
23 For over forty years, the month of
24 May has been recognized as Older Americans
25 Month, to honor and celebrate the merits and
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1 achievements of our nation's senior citizens.
2 Older Americans Month is celebration of our
3 past, our present and our future. It is a
4 time to commemorate the exceptional
5 contributions that older Americans have made
6 and continue to make to the welfare and
7 achievements of our nation.
8 In 1963, there were 17 million.
9 Today, that number has doubled. And as
10 77 million baby boomers approach retirement
11 age, Older Americans Month serves as a
12 reminder to all of us of the challenges that
13 the future holds. In New York, older
14 Americans will soon outnumber children, for
15 the first time ever in this great state.
16 Older Americans Month is our
17 opportunity to celebrate the changing face of
18 aging and to pay tribute to senior citizens
19 for all they have done to strengthen our
20 state, our nation, and our world.
21 It is my honor to commemorate
22 May 2005 as Older Americans Month in the State
23 of New York, and I'd like to also open up that
24 resolution to all of my colleagues.
25 And there are some of New York
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1 State's best sitting up above us here. Two of
2 New York State's six interstate commissions
3 dealing with water pollution and water supply
4 are here today. They are the Interstate
5 Environmental Commission, IEC, and the
6 Delaware River Basin Commission, DRBC.
7 From the IEC, we have Chairperson
8 Judith Baron, who is a New York commissioner
9 of IEC; Executive Director Howard Golub; and
10 Assistant Executive Director Boris Rukovets.
11 From the DRBC, we have the
12 secretary and assistant general counsel Pam
13 Bush.
14 Thank you for being here today.
15 ACTING PRESIDENT MEIER: The
16 question is on the resolution. All those in
17 favor signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT MEIER: Those
20 opposed, nay.
21 (No response.)
22 ACTING PRESIDENT MEIER: The
23 resolution is adopted.
24 Senator Bruno.
25 SENATOR BRUNO: Mr. President,
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1 can I suggest to Senator Golden, if there be
2 no objections, that we put the members in the
3 chamber on this resolution.
4 SENATOR GOLDEN: No objection,
5 sir.
6 SENATOR BRUNO: Thank you,
7 Senator Golden.
8 And if anyone would like not to be
9 on it, please let the desk know at your own
10 discretion.
11 ACTING PRESIDENT MEIER: Those
12 members wishing not to be on the resolution
13 please inform the desk.
14 Senator Bruno.
15 SENATOR BRUNO: Mr. President, I
16 move to take from the table Senate Bill
17 Number 2, as vetoed by the Governor.
18 ACTING PRESIDENT MEIER: So
19 ordered.
20 SENATOR BRUNO: Mr. President, I
21 now move to override the veto of the Governor
22 of Senate Bill Number 2.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1, by Senator Bruno, Senate Print Number 2, an
2 act to amend the State Finance Law and others.
3 ACTING PRESIDENT MEIER: The bill
4 is before the house.
5 Senators, ought the same become a
6 law notwithstanding the veto of the Governor?
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 39. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: The
12 Secretary will call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MEIER: The
15 Secretary will announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1 are Senators
18 Andrews, Breslin, Diaz, Duane,
19 Hassell-Thompson, L. Krueger, Montgomery,
20 Parker, Savino, Schneiderman, Serrano and
21 Stavisky.
22 Ayes, 47. Nays, 12.
23 ACTING PRESIDENT MEIER: The
24 motion to override the Governor's veto is
25 carried.
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1 Senator Bruno.
2 SENATOR BRUNO: Mr. President,
3 can we at this time take up the
4 noncontroversial reading of the calendar.
5 ACTING PRESIDENT MEIER: The
6 Secretary will conduct the noncontroversial
7 reading of the calendar.
8 THE SECRETARY: Calendar Number
9 203, by Senator LaValle, Senate Print 685A, an
10 act to amend the State Finance Law, in
11 relation to commodities.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 266, by Senator Morahan, Senate Print 2751A,
24 an act to amend the Mental Hygiene Law, in
25 relation to patients.
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1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 180th day.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 318, by Senator Fuschillo, Senate Print 3344,
13 an act to amend the General Business Law, in
14 relation to proceedings.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 343, by Senator Volker, Senate Print 3117, an
2 act to amend the Penal Law, in relation to
3 unlawful operation.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of
8 November.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58. Nays,
13 1. Senator Duane recorded in the negative.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 387, by Senator Balboni, Senate Print 3095A,
18 an act authorizing the assessor of the County
19 of Nassau.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58. Nays,
3 1. Senator Bonacic recorded in the negative.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 389, by Senator Winner, Senate Print 1387, an
8 act to amend the Parks, Recreation and
9 Historic --
10 SENATOR SCHNEIDERMAN: Lay it
11 aside.
12 ACTING PRESIDENT MEIER: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 456, by Senator Larkin, Senate Print 2348A, an
16 act to amend the Penal Law, in relation to
17 cemetery desecration.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 10. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 521, by the Senate Committee on Rules, Senate
5 Print Number 3644, an act to amend the Tax
6 Law, in relating to extending.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 572, by Senator Marcellino, Senate Print 3764,
19 an act in relation to granting active-duty
20 status.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 579, by Senator Spano, Senate Print 3282, an
8 act to amend the Labor Law, in relation to
9 lists of independent contractors.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MEIER: Senator
18 Montgomery, to explain her vote.
19 SENATOR MONTGOMERY: Yes, Mr.
20 President, briefly to explain my vote.
21 This is a very important bill. I'm
22 very happy to see this on the calendar. I
23 hope that it becomes law.
24 And to the sponsor, it's not only a
25 problem for union -- trades union people, but
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1 it's a huge problem for minority- and
2 women-owned businesses.
3 And so if the contractor is forced
4 to list the subcontractors and independent
5 contractors, that I think would be helpful to
6 keep them from hiding and providing false
7 information as it relates to minority- and
8 women-owned contractors.
9 So I fully support this and
10 certainly will be voting yes. Thank you.
11 ACTING PRESIDENT MEIER: Senator
12 Montgomery will be recorded in the
13 affirmative.
14 The Secretary will announce the
15 results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 580, by Senator Trunzo, Senate Print 3358, an
21 act to amend the Labor Law, in relation to
22 requiring employers.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the 30th day.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 596, by Member of the Assembly O'Donnell,
10 Assembly Print Number 7254, an act to amend
11 the Estates, Powers and Trusts Law, in
12 relation to the effect of dispositions.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 608, by Member of the Assembly Bing, Assembly
25 Print Number 4762, an act to amend the
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1 Executive Law, in relation to posting.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 620, by Senator Volker, Senate Print 3822, an
14 act to amend the Penal Law, in relation to the
15 causing of death.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 644, by Senator Robach, Senate Print 4131, an
3 act to authorize Joseph Palermo to transfer
4 certain prior service.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 651, by Senator Maziarz, Senate Print 23, an
17 act to amend the Correction Law, in relation
18 to authorizing.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 660, by Senator Nozzolio, Senate Print Number
6 507, an act to authorize the Village of Victor
7 to convey certain parklands.
8 ACTING PRESIDENT MEIER: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 664, by Senator Morahan, Senate Print 3350, an
21 act to amend the Real Property Tax Law, in
22 relation to providing.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of January.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 665, by Senator Golden, Senate Print 3543, an
10 act to authorize the Muslim American Society
11 to file an application.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58. Nays,
20 1. Senator Bonacic recorded in the negative.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 Senator Skelos, that completes the
24 noncontroversial reading of the calendar.
25 SENATOR SKELOS: Thank you, Mr.
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1 President. If we could go to the
2 controversial reading at this time.
3 ACTING PRESIDENT MEIER: Members
4 are asked to come to the chamber for the
5 controversial reading of the calendar.
6 The Secretary will sound the bells.
7 The Secretary will conduct the
8 controversial reading of the calendar.
9 THE SECRETARY: Calendar Number
10 389, by Senator Winner, Senate Print 1387, an
11 act to amend the Parks, Recreation and
12 Historic Preservation Law and the General
13 Municipal Law.
14 SENATOR SCHNEIDERMAN:
15 Explanation.
16 ACTING PRESIDENT MEIER: Senator
17 Winner, an explanation has been requested by
18 Senator Schneiderman.
19 SENATOR WINNER: Thank you, Mr.
20 President.
21 This is a very simple bill that
22 provides for expansion of the current law
23 regarding the ability of volunteers to
24 participate in adopt-a-park municipal
25 activities, whereby they can clean up
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1 municipal parks for the benefit of the
2 taxpayers and those that would like to utilize
3 those parks.
4 The bill would also authorize, with
5 regard to the existing adopt-a-park
6 legislation or law, which went into effect in
7 1991, it would allow volunteers to enter into
8 a --
9 ACTING PRESIDENT MEIER: Excuse
10 me, Senator Winner.
11 Can we have some quiet in the
12 chamber. It is very difficult to hear Senator
13 Winner.
14 Senator Winner.
15 SENATOR WINNER: Thank you, Mr.
16 President.
17 It would allow municipalities to
18 enter into agreements with volunteers for the
19 purposes of maintaining and enhancing
20 municipal-owned parks, including remediating
21 vandalism, preserving wetlands, cleaning and
22 maintaining park property, and establishing
23 and maintaining access to nature trails, dog
24 runs, planting and maintaining flower beds and
25 other, you know, all-American-type activities
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1 that I'm sure that I would be absolutely
2 astonished that anybody could be opposed to.
3 So with those great purposes in
4 mind, the only thing that this wouldn't allow
5 would be to allow somebody to sue somebody,
6 sue one of the municipalities if they happen
7 to fall down in the park. And I'm sure that's
8 why there's great consternation on the part of
9 those that would have opposition to this bill,
10 because, you know, we all know that those
11 targets of opportunities to get thirds are
12 diminishing all the time.
13 And so under those circumstances,
14 for the purposes of establishing increased
15 volunteerism, preserving and enhancing our
16 municipal parks, and all those other good
17 government purposes, I would urge the adoption
18 of this measure, which has passed in the last
19 legislative session.
20 ACTING PRESIDENT MEIER: Senator
21 Schneiderman.
22 SENATOR SCHNEIDERMAN: Thank you,
23 Mr. President, on the bill.
24 We've debated this bill. Senator
25 Winner is new here, but this bill is not.
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1 And, I guess, you know, as the old expression
2 goes, you have to take the bitter with the
3 sweet when you inherit things.
4 The reason that many of us have
5 opposed this bill in the past is very simple.
6 Section 3, on the second page of this bill,
7 essentially creates a two-tier system of civil
8 liability for the parks of the State of
9 New York. It states that no city, town or
10 village which would ordinarily be responsible
11 for maintaining a park shall be liable for
12 damages suffered by any persons resulting from
13 the actions or activities of volunteers or
14 groups that Senator Winner has identified.
15 So in other words, if you're in a
16 park and you're walking along and a parks
17 department employee has negligently left their
18 chainsaw running and you're injured by it,
19 then you could sue the municipality. If you
20 walk through and a volunteer has negligently
21 left their chainsaw running and you're injured
22 by it, you couldn't sue.
23 So it creates a two-tier system
24 which really just doesn't make any sense,
25 frankly. It's something that I don't think is
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1 going to become law, because it's of this sort
2 of provision which is not really so much an
3 anti-civil justice provision as it is an
4 irrational provision.
5 If anything, I would think that we
6 would be more concerned that volunteers might
7 be negligent, might do things that might cause
8 injury because they're volunteers, they're not
9 professional employees, they don't have the
10 training, they're not subject to the
11 jurisdiction that public employees would be in
12 performing their duties.
13 And yet this law would
14 counterintuitively set up a situation in
15 which, if volunteers commit negligence acts
16 and you're injured -- the public should not
17 have to worry about whether their park is
18 maintained by parks employees or by
19 volunteers. If you're injured and there is
20 fault, you should have the same right to sue.
21 I personally -- and we may have a
22 disagreement over whether the civil justice
23 system is a good thing, whether it helps make
24 the world a safer place to have securities
25 lawsuits and to have tort actions against
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1 people who commit negligent acts. I happen to
2 think the civil justice system is an important
3 part of our economic structure and the system
4 of justice in this country, and Senator Winner
5 may disagree.
6 But I don't think there's a
7 coherent argument that we should have a
8 two-tier system of justice in parks where your
9 right to recovery depends on whether a
10 particular act was performed by a volunteer or
11 a park worker, which would be the effect of
12 this bill.
13 So I think it's -- I think that
14 this is not a bill that's going to become law
15 soon. And I would suggest that if we want to
16 move forward with adopt-a-park programs and
17 other programs like this, that we take out
18 this sort of irrational poison pill and move
19 ahead.
20 In the absence of that, Mr.
21 President, I will once again be voting no on
22 this piece of legislation.
23 Thank you.
24 ACTING PRESIDENT MEIER: Any
25 other Senator wish to be heard?
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1 Senator Hassell-Thompson.
2 SENATOR HASSELL-THOMPSON: Thank
3 you, Mr. President.
4 Each year that this bill has come
5 to the table, I have stood and perhaps said
6 the same thing, and that is that in principle
7 I am very supportive of adopt-a-park projects.
8 But I continue to have the same concern as my
9 colleague Senator Schneiderman that there is
10 no liability coverage for volunteers.
11 I remember being involved in a
12 community organizational project for our
13 community, and one of our volunteers got his
14 hand -- lost a couple of fingers in helping us
15 to set up this amusement area that we were
16 preparing for the children. And we had no
17 coverage for the volunteers, and we had to
18 sustain a lawsuit. And of course we had to
19 encourage the lawsuit, because the person
20 didn't -- he was not insured.
21 I'm not only a proponent of
22 adopt-a-parks, but I have created them in my
23 own community in the past, and they are very
24 important for the involvement of
25 public/private sector participation. And
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1 certainly it takes the weight off of
2 government in terms of how we fund different
3 projects that we do, whether it's
4 adopt-a-highway or adopt-a-park.
5 I would like to hope that the
6 sponsor of this bill would look at the
7 liability issues so that we can all support
8 this bill and make sure that there is passage,
9 because there are too many good things in this
10 bill for us to lose it based upon the issue of
11 liability.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MEIER: Senator
14 Hannon.
15 SENATOR HANNON: Yes, Mr.
16 President.
17 I think the provision of the bill
18 that the floor leader for the Minority has
19 pointed out, which he articulated very well,
20 points out an essential flaw in his argument.
21 He talks about two-tier. The point is that
22 there is activity that is not going on now
23 because people will not volunteer because
24 they're afraid of liability.
25 So to anybody who's worried about
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1 what's happening now, they don't have to
2 worry; it's not taking place. But by giving
3 people a status that if they volunteer, come
4 in and benefit society in general and the
5 people who are users of this facility, then
6 the activity will occur. But you're not going
7 to have it unless you give them some type of
8 protection.
9 So, yes, it may not happen, but the
10 trouble is, who will suffer? It will be the
11 residents of this state who won't have the
12 help, won't have the volunteers that go out
13 there to try to better the facilities for the
14 rest.
15 Thank you.
16 ACTING PRESIDENT MEIER: Senator
17 Connor.
18 SENATOR CONNOR: Thank you, Mr.
19 President.
20 You know, I've debated over the
21 years all these various little twists and
22 exemptions and carve-outs that different
23 legislation has attempted with respect to the
24 liability of tortfeasors.
25 And the reality is that, and I've
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1 said it before, any exception that doesn't
2 relate to the duty of care owed to the public,
3 the relationship between the tortfeasor and
4 the injured person and the conduct, the actual
5 conduct, whether it was negligent or not,
6 ought not be allowed.
7 The old example for years and years
8 and years in New York City, when Mayor Koch
9 was mayor, he pushed very, very hard for
10 municipal liability exemptions. And the
11 classic example was we then, and until
12 recently, had private buses operating under
13 franchise in New York City as well as the City
14 Transit Authority buses.
15 And I've said it before, to the
16 person who got run over by the negligent
17 driving of a bus, what does it really matter
18 whether the person behind the wheel was a
19 public employee or a private employee? It
20 should be the conduct, it should be the duty
21 of care anyone driving a bus or operating it
22 owes to the public, and that particular
23 conduct.
24 In terms of the insuring the
25 volunteers, as Senator Hannon pointed out, or
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1 getting volunteers to volunteer, there's a
2 simple answer to all this. It's called
3 insurance. It's called indemnification. The
4 municipality, if they want the program, can
5 indemnify and they can buy insurance.
6 Now, you say is such insurance
7 available. Well, once upon a time, about ten
8 years ago when I became leader in this
9 conference, we had a campaign committee. And
10 when I started, we had no insurance policies,
11 and when I left we had half a dozen of them.
12 And one of them, I recollect -- and
13 I assume it's still in effect; I would hope
14 so -- insured volunteers in campaigns and
15 their conduct. I.e., if a campaign volunteer
16 injured someone, it covered that.
17 So there is insurance you can buy.
18 If you're going to be responsible about
19 running the program -- and I would think any
20 municipality with a parks department would --
21 you buy insurance. And then you go ahead.
22 That way you protect the public, just as
23 they're protected if it were a municipal
24 employee's negligence, by the fact that the
25 municipality probably self-insures in those
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1 cases. It may not. They may have insurance.
2 The answer is insurance, Mr.
3 President.
4 ACTING PRESIDENT MEIER: Senator
5 Sabini.
6 Senator Sabini waives.
7 Any other Senator wish to be heard?
8 The debate is closed, then.
9 The Secretary will ring the bells.
10 Members are asked to come to the
11 chamber for a vote.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MEIER: Senator
19 Winner, to explain his vote.
20 SENATOR WINNER: Very briefly,
21 Mr. President.
22 The arguments in opposition to this
23 bill with regard to opening up the whole
24 liability debate is precisely not really what
25 this bill is about. That debate is already
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1 over. That's been in the law since 1991 and
2 1985, when we had the adopt-a-highway program.
3 All this is doing is adding the State of
4 New York and its parks to the existing
5 statutory scheme of escaping from liability.
6 And the argument with regard to
7 insurance is just as specious. The reason why
8 we don't have anybody doing this is because
9 they can't afford the insurance. And
10 therefore, that's the reason why the
11 volunteers who want to participate in this
12 good government opportunity are being
13 foreclosed by municipalities who don't have
14 and can't afford the insurance to cover those
15 activities.
16 So, Mr. President, this legislation
17 ought to be passed, due to the fact that all
18 it does is add the state park system into the
19 already existing municipal parks that are
20 already allowed to have these adopt-a-park
21 programs.
22 ACTING PRESIDENT MEIER: Senator
23 Winner will be recorded in the affirmative.
24 Senator DeFrancisco, to explain his
25 vote.
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1 SENATOR DeFRANCISCO: I think the
2 older you get, the -- you start losing some
3 brain cells. Because I've voted consistently
4 against this bill, and I find my name as a
5 cosponsor.
6 (Laughter.)
7 SENATOR DeFRANCISCO: And it must
8 have been one of those late evenings.
9 So I'd like to vote no. And if
10 there's a procedural way to remove myself as
11 cosponsor, I would like that to happen too.
12 ACTING PRESIDENT MEIER: Senator
13 DeFrancisco will be recorded in the negative.
14 Senator Volker, to explain his
15 vote.
16 SENATOR VOLKER: Mr. President,
17 to explain my vote.
18 I just do want to say that anyone
19 who leaves a running chainsaw has got another
20 problem.
21 (Laughter.)
22 SENATOR VOLKER: So I think that
23 might be an intentional tort. I don't think
24 you can escape liability from that. So I
25 think that maybe that's a little specious.
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1 But in any case, I happen to agree
2 with Senator Winner. And I certainly
3 understand the reason for the opposition to
4 this.
5 But I have to say that the cost of
6 insurance would drop a ton if we could get rid
7 of some of these situations that I think lend
8 more to trial lawyers' importance than
9 anything else.
10 I vote aye.
11 ACTING PRESIDENT MEIER: Senator
12 Volker will be recorded in the affirmative.
13 The Secretary will announce the
14 results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 389 are
17 Senators Andrews, Brown, Connor, DeFrancisco,
18 Duane, Gonzalez, Hassell-Thompson, Klein,
19 L. Krueger, Onorato, Parker, Sabini, Savino,
20 Schneiderman, Serrano, A. Smith, Stachowski,
21 and Stavisky. Also Senator Montgomery.
22 Ayes, 40. Nays, 19.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 Senator Skelos, that completes the
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1 controversial reading of the calendar.
2 SENATOR SKELOS: Mr. President,
3 is there any further business to come before
4 the Senate?
5 ACTING PRESIDENT MEIER: There's
6 no further business at the desk.
7 SENATOR SKELOS: There being no
8 further business to come before the Senate, I
9 move we stand adjourned until Tuesday,
10 May 10th, at 3:00 p.m.
11 ACTING PRESIDENT MEIER: On
12 motion, the Senate stands adjourned until
13 Tuesday, May 10th, at 3:00 p.m.
14 (Whereupon, at 3:48 p.m., the
15 Senate adjourned.)
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