Regular Session - February 29, 2012

                                                                   603

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                February 29, 2012

11                    3:33 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH E. ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               604

 1              P R O C E E D I N G S

 2               ACTING PRESIDENT ROBACH:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and join me in the Pledge of Allegiance.

 6               (Whereupon, the assemblage 

 7  recited the Pledge of Allegiance to the Flag.)

 8               ACTING PRESIDENT ROBACH:   In the 

 9  absence of clergy, may we all bow our heads in 

10  a moment of silence.  

11               And I'd ask you to keep in mind 

12  the victims of the shooting tragedy at the 

13  Chardon High School in Ohio that took place 

14  earlier this week.  

15               (Whereupon, the assemblage 

16  respected a moment of silence.)

17               ACTING PRESIDENT ROBACH:   The 

18  reading of the Journal.

19               THE SECRETARY:   In Senate, 

20  Tuesday, February 28th, the Senate met 

21  pursuant to adjournment.  The Journal of 

22  Monday, February 27th, was read and approved.  

23  On motion, Senate adjourned.

24               ACTING PRESIDENT ROBACH:    

25  Without objection, the Journal stands approved 

                                                               605

 1  as read.

 2               Presentation of petitions.

 3               Messages from the Assembly.

 4               Messages from the Governor.

 5               Reports of standing committees.

 6               Reports of select committees.

 7               Communications and reports from 

 8  state officers.

 9               Motions and resolutions.

10               Senator Libous.  

11               SENATOR LIBOUS:   Mr. President, 

12  would you call on Senator Carlucci for a 

13  motion, please.

14               ACTING PRESIDENT ROBACH:    

15  Senator Carlucci.

16               SENATOR CARLUCCI:   Yes, 

17  Mr. President.  I move that the following bill 

18  be discharged from its respective committee 

19  and be recommitted with instructions to strike 

20  the enacting clause:  Senate Number 6304.

21               ACTING PRESIDENT ROBACH:   So 

22  ordered.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  thank you.  I too have some motions, if I may.

                                                               606

 1               On behalf of Senator Lanza, on 

 2  page 14 I offer the following amendments to 

 3  Calendar Number 195, Senate Print 5878A, and ask 

 4  that said bill retain its place on the Third 

 5  Reading Calendar.

 6               ACTING PRESIDENT ROBACH:   The 

 7  amendments are accepted, and the bill will retain 

 8  its place on the Third Reading Calendar.

 9               Senator Libous.

10               SENATOR LIBOUS:  Mr. President, on 

11  behalf of Senator Ball, I move that the following 

12  bill be discharged from its respective committee 

13  and be recommitted with instructions to strike 

14  the enacting clause.  And that would be Senate 

15  Print 5433A.

16               ACTING PRESIDENT ROBACH:   So 

17  ordered.

18               SENATOR LIBOUS:   And I have 

19  another one.  On behalf of Senator Nozzolio, 

20  Mr. President, on page 6 I offer the following 

21  amendments to Calendar Number 44, Senate Print 

22  5208, and ask that said bill retain its place on 

23  the Third Reading Calendar.

24               ACTING PRESIDENT ROBACH:   The 

25  amendments are received, and the bill will retain 

                                                               607

 1  its place on the Third Reading Calendar.  

 2               Senator Libous.

 3               SENATOR LIBOUS:   Mr. President, at 

 4  this time could we have the reading of the 

 5  noncontroversial calendar.

 6               ACTING PRESIDENT ROBACH:   The 

 7  Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  46, by Senator Saland, Senate Print 2192A, an act 

10  to amend the Vehicle and Traffic Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the 90th day.

15               ACTING PRESIDENT ROBACH:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 53.

19               ACTING PRESIDENT ROBACH:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  49, by Senator Ritchie --

23               SENATOR BRESLIN:   Lay it aside.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is laid aside.

                                                               608

 1               THE SECRETARY:   Calendar Number 

 2  53, by Senator Nozzolio, Senate Print 4673A --

 3               SENATOR BRESLIN:   Lay it aside.

 4               ACTING PRESIDENT ROBACH:   The bill 

 5  is laid aside by Senator Breslin.

 6               THE SECRETARY:   Calendar Number 

 7  109, by Senator Marcellino, Senate Print 948A, an 

 8  act to amend the Vehicle and Traffic Law.

 9               ACTING PRESIDENT ROBACH:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the 60th day.

13               ACTING PRESIDENT ROBACH:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 53.

17               ACTING PRESIDENT ROBACH:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  110, by Senator Marcellino, Senate Print 957, an 

21  act to amend the Vehicle and Traffic Law.

22               ACTING PRESIDENT ROBACH:   Read the 

23  last section.

24               THE SECRETARY:   Section 4.  This 

25  act shall take effect on the first of November.

                                                               609

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 52.  Nays, 

 5  1.  Senator Duane recorded in the negative.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  114, by Senator Huntley, Senate Print 3022, an 

10  act to amend the Vehicle and Traffic Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the first of November.

15               ACTING PRESIDENT ROBACH:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 53.

19               ACTING PRESIDENT ROBACH:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  132, by Senator Seward, Senate Print 2557, an act 

23  to amend the Insurance Law.

24               ACTING PRESIDENT ROBACH:   Read the 

25  last section.

                                                               610

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT ROBACH:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 52.  Nays, 

 7  1.  Senator Avella recorded in the negative.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  141, by Senator Bonacic, Senate Print 5533, an 

12  act to amend the Business Corporation Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 17.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 53.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  153, by Senator DeFrancisco --

25               SENATOR BRESLIN:   Lay the bill 

                                                               611

 1  aside.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is laid aside.

 4               THE SECRETARY:   Calendar Number 

 5  168, by Senator Gallivan, Senate Print 5557A, an 

 6  act to amend the Real Property Tax Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 55.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  169, by Senator Martins, Senate Print 6307A, an 

19  act to amend the Real Property Tax Law.

20               ACTING PRESIDENT ROBACH:   Read the 

21  last section.

22               THE SECRETARY:   Section 4.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               612

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 55.

 3               ACTING PRESIDENT ROBACH:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  178, by Senator Maziarz, Senate Print 241, an act 

 7  to amend the Penal Law.

 8               ACTING PRESIDENT ROBACH:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the first of November.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 55.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  179, by Senator Golden, Senate Print 641B, an act 

20  to amend the Penal Law.

21               ACTING PRESIDENT ROBACH:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect on the first of November.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               613

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 54.  Nays, 

 4  1.  Senator Duane recorded in the negative.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  180, by Senator Marcellino, Senate Print 943, an 

 9  act to amend the Penal Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the first of January.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 55.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  181, by Senator Saland, Senate Print 2599, an act 

22  to amend the Penal Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               614

 1  act shall take effect on the first of November.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 55.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  182, by Senator Zeldin, Senate Print 4073B, an 

10  act to amend the Election Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 3.  This 

14  act shall take effect on the 120th day.

15               ACTING PRESIDENT ROBACH:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 55.

19               ACTING PRESIDENT ROBACH:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  183, by Senator Flanagan, Senate Print 4396, an 

23  act to amend the Penal Law.

24               ACTING PRESIDENT ROBACH:   Read the 

25  last section.

                                                               615

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect on the 90th day.

 3               ACTING PRESIDENT ROBACH:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 54.  Nays, 

 7  1.  Senator Duane recorded in the negative.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  187, by Senator Ritchie, Senate Print 5161, an 

12  act to amend the Environmental Conservation Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 55.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  188, by Senator Little, Senate Print 6127, an act 

25  to amend the Environmental Conservation Law.

                                                               616

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT ROBACH:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 55.

 9               ACTING PRESIDENT ROBACH:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  191, by Senator DeFrancisco, Senate Print 6064, 

13  an act to amend the Education Law.

14               ACTING PRESIDENT ROBACH:   Read the 

15  last section.

16               THE SECRETARY:   Section 4.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT ROBACH:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 55.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  192, by Senator Martins, Senate Print 6296, an 

                                                               617

 1  act to amend Chapter 359 of the Laws of 2010.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 5.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 53.  Nays, 

10  2.  Senators Duane and Rivera recorded in the 

11  negative.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  194, by Senator Ranzenhofer, Senate Print 5370, 

16  an act to amend the Not-for-Profit Corporation 

17  Law.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 3.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 55.

                                                               618

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  196, by Senator Bonacic, Senate Print 6287, an 

 5  act to amend Chapter 672 of the Laws of 1993.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 55.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is passed.

16               Senator Libous, that completes the 

17  noncontroversial reading of the calendar.

18               SENATOR LIBOUS:   Mr. President, 

19  quite efficiently, I might add.  Could we now go 

20  to the reading of the controversial calendar.

21               ACTING PRESIDENT ROBACH:   If we 

22  can ring the bells and get the members into the 

23  chamber for the controversial reading of the 

24  calendar.  

25               The quicker members get in, the 

                                                               619

 1  more expeditiously we can get to our calendar and 

 2  our business here.

 3               SENATOR LIBOUS:   Mr. President, if 

 4  we can proceed to the controversial calendar.  

 5               ACTING PRESIDENT ROBACH:   The 

 6  Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  49, by Senator Ritchie, Senate Print 3318, an act 

 9  to amend the Vehicle and Traffic Law.

10               SENATOR BRESLIN:   Explanation.

11               ACTING PRESIDENT ROBACH:   Senator 

12  Ritchie, Senator Breslin has asked for an 

13  explanation, please.

14               SENATOR RITCHIE:   The bill just 

15  redefines "all-terrain vehicle."  It increases 

16  the drive weight from 1000 pounds to 1500.  

17               ACTING PRESIDENT ROBACH:   If there 

18  is no other Senator wishing to be heard, the 

19  debate is closed.  

20               The Secretary will ring the bell, 

21  and I again ask the members to come to the 

22  chamber to cast their vote.  

23               Read the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect on the 30th day.

                                                               620

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               ACTING PRESIDENT ROBACH:   The 

 5  Secretary will announce the results.

 6               THE SECRETARY:   Those recorded in 

 7  the negative in relation to Calendar Number 49 

 8  are Senators Addabbo, Avella, Ball, Breslin, 

 9  Diaz, Duane, Espaillat, Gianaris, 

10  Hassell-Thompson, Huntley, Kennedy, LaValle, 

11  Marcellino, Montgomery, Parker, Peralta, Rivera, 

12  Serrano, Squadron, Stavisky and Stewart-Cousins.

13               Absent from voting:  Senator 

14  Perkins.  

15               Absent from voting pursuant to 

16  Rule 9:  Senator Krueger.  

17               Ayes, 36.  Nays, 21.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               SENATOR LIBOUS:   Mr. President.

21               ACTING PRESIDENT ROBACH:   Senator 

22  Libous.

23               SENATOR LIBOUS:   Could we just 

24  jump out of order and go to Number 153, by 

25  Senator DeFrancisco.

                                                               621

 1               ACTING PRESIDENT ROBACH:   

 2  Certainly.  I want to alert the members that we 

 3  will be going directly to Calendar 153.  

 4               The Secretary will read Calendar 

 5  Number 153.

 6               THE SECRETARY:   Calendar Number 

 7  153, by Senator DeFrancisco, Senate Print 6063A, 

 8  an act to amend the Labor Law.

 9               SENATOR BRESLIN:   Explanation.

10               ACTING PRESIDENT ROBACH:   An 

11  explanation has been asked for, Senator 

12  DeFrancisco.

13               SENATOR DeFRANCISCO:   Yes.  Back 

14  in 2010, Section 195 of the Labor Law was 

15  amended, and there were several significant 

16  amendments to the Labor Law.  This bill would 

17  repeal only one of those.  

18               The part that it would repeal is 

19  the section of the law that requires employers on 

20  an annual basis to provide the following notice 

21  to employees:  Whether the employee is paid by 

22  hour, shift, day, week, salary; any employee 

23  allowances as part of the minimum wage, including 

24  tip, meal or lodging; the regular pay day 

25  designated by the employer in accordance with 

                                                               622

 1  Section 191 of the Labor Law; the name of the 

 2  employer; any "doing business as" designation of 

 3  the employer; the physical address of the 

 4  employer's main office or principal office, and a 

 5  mailing address, if different; the telephone 

 6  number of the employer; plus any other 

 7  information the commissioner deems material and 

 8  necessary.

 9               This resulted this year in every 

10  employer sending out notices to every employee 

11  and requiring a confirmation of these terms of 

12  employment on an annual basis.  And if you don't 

13  do it and you violate the law, you can be fined 

14  $50 per employee that didn't receive the notice 

15  and provide a confirmation of receipt of the 

16  notice.

17               We're in the State of New York -- 

18  and most states are in this situation now, of an 

19  economic decline.  We're trying to get out of the 

20  economic doldrums.  It's not the time to provide 

21  notifications such as this on an annual basis to 

22  employees.  

23               And this bill, by eliminating this 

24  requirement, would be saving substantial dollars 

25  for employers and hopefully allow employers to 

                                                               623

 1  actually make profits so that they create some 

 2  jobs and have other taxpayers that pay taxes and 

 3  provide more revenue to the State of New York.  

 4  That's what this bill would do if passed.

 5               ACTING PRESIDENT ROBACH:   Thank 

 6  you, Senator DeFrancisco.

 7               Senator Savino.

 8               SENATOR SAVINO:   Thank you, 

 9  Mr. President.  On the bill.

10               ACTING PRESIDENT ROBACH:   On the 

11  bill.

12               SENATOR SAVINO:   I was the author 

13  of the Wage Theft Prevention act two years ago.  

14  It was probably one of the most comprehensive 

15  pieces of legislation I've ever been involved in 

16  the development of.  

17               And in fact when it came to the 

18  floor in this house, it passed by 33 votes -- 

19  32 Democrats and Senator Frank Padavan.  

20               By the time the bill came to the 

21  floor, it was an H print.  It had gone through 

22  numerous revisions and input from various people, 

23  including a lot of small business owners.  

24               The Business Council chose not to 

25  participate in the discussion around the wage 

                                                               624

 1  theft bill.  And if they had participated in the 

 2  discussion at the time, they might have been able 

 3  to make the case that the annual notification was 

 4  in fact unnecessary.  But they didn't.  They 

 5  chose to be in opposition to the bill, and they 

 6  didn't engage in the conversation.

 7               Well, two years later we're in a 

 8  different place.  Now, the Wage Theft Prevention 

 9  Act has only been in effect a few months.  It is 

10  very difficult to assume that this particular 

11  notification, it's one piece of paper -- we're 

12  not allowed to use props on the floor of the 

13  Senate, but this is it, in case anybody is 

14  looking -- is going to put anybody out of 

15  business.  

16               However, that being said, our goal 

17  always with the Wage Theft Prevention Act was not 

18  going after good employers.  We wanted to 

19  eliminate the competitive disadvantage that they 

20  were up against with bad actors, people who short 

21  their employees, people who don't pay them their 

22  hourly rate of pay, people who don't compensate 

23  them for their overtime, people who don't give 

24  them a biweekly notice, people who deprive them 

25  of their rights under the law.  

                                                               625

 1               That's who our goal was.  We were 

 2  focusing on them.  We don't want to create a 

 3  burden for good businesses.  

 4               I've met with some of the business 

 5  owners.  And as we speak, I'm working on 

 6  legislation that will address a couple of things 

 7  that actually will provide real solutions to 

 8  businesses, which could address the issue of the 

 9  annual notification.  

10               Which, by the way, I firmly believe 

11  that this issue could be dealt with 

12  administratively by the Department of Labor, and 

13  we're asking them to do just that before next 

14  year.

15               But we also want to do something 

16  else in the legislation that I will be bringing 

17  to this floor relatively soon and I'm going to 

18  ask all of you to support it.  It will do things 

19  like address this annual notification.  It will 

20  also act on reducing unnecessary paperwork that a 

21  lot of small businesses do have to comply with, 

22  particularly those who use a paycheck system, 

23  particularly those who utilize a direct deposit 

24  system.

25               So I'm going to vote no on this 

                                                               626

 1  because I don't think this really provides a real 

 2  solution.  I understand Senator DeFrancisco's 

 3  concern, and I echo his concern.  I don't agree 

 4  with his solution right now.  

 5               And I would ask my colleagues to 

 6  continue to support me in protecting low-wage 

 7  workers from being cheated by their employers and 

 8  protecting the State of New York from being 

 9  cheated by bad actors, and wait for the 

10  legislation that will be coming shortly that will 

11  address this issue and other issue for small 

12  employers.  

13               Thank you, Mr. President.  

14               ACTING PRESIDENT ROBACH:   Thank 

15  you, Senator Savino.

16               Are there any other Senators 

17  wishing to be heard?

18               Seeing none, the debate is closed.  

19  The Secretary will ring the bell.  We ask the 

20  members to please come to the chamber for the 

21  vote.  

22               Read the last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               627

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT ROBACH:   Senator 

 4  DeFrancisco to explain his vote.

 5               SENATOR DeFRANCISCO:   I'm going to 

 6  vote aye on this bill.  

 7               We're in a state of economic 

 8  decline in the State of New York; hopefully we're 

 9  moving out of it.  But it just boggles my mind 

10  that there's this many people that are going to 

11  vote no on a bill that actually gives information 

12  that the employee already knows.  

13               And to give that information 

14  annually, and to have them sign for that 

15  annually, it's unbelievable that they would want 

16  to require employers to go through that needless 

17  expense.

18               And as to Senator Savino, I don't 

19  quite understand the no vote when she has asked 

20  for the department to do this administratively, 

21  what we're doing by the law, the bill that we're 

22  passing today, and she's going to prepare another 

23  bill that will do the same thing plus other 

24  things.

25               Well, if you agree with this bill, 

                                                               628

 1  it would seem that you would vote yes.  And I 

 2  would urge the other Senators who are raising 

 3  their hands to understand that we want to create 

 4  jobs in this state, and needless paperwork is not 

 5  the way to do it, and needless cost to 

 6  businesses.  

 7               I vote aye.

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  DeFrancisco will be recorded in the affirmative.

10               Senator Rivera to explain his vote.

11               SENATOR RIVERA:   Thank you, 

12  Mr. President.

13               I was not here when this bill was 

14  passed.  I wish I was.  Because Senator Savino 

15  laid it out:  this is an incredibly serious issue 

16  in the State of New York, and it's a serious 

17  issue that was brought about by the experiences 

18  of workers all across the state.  It was a 

19  thoughtful piece of legislation that took some 

20  time to figure out exactly how to make sure that 

21  employees do not have wages stolen from them.

22               This piece of legislation that 

23  we're voting on today would be taking away a part 

24  of this large piece of legislation that, again, 

25  was very well thought out.  And in my view, it 

                                                               629

 1  would be trying to chip away at what ultimately 

 2  some of its opponents would want to do, which 

 3  would be to strip the entire bill completely out 

 4  of the law books in New York State.  

 5               I stand strongly with my colleagues 

 6  that passed this bill.  I congratulate them for 

 7  passing it before.  And I want to make sure that 

 8  we stand very strongly against it on the floor of 

 9  the Senate and in the State of New York.  

10               I will be voting in the negative on 

11  this piece of legislation.  Thank you.  

12               ACTING PRESIDENT ROBACH:   Senator 

13  Rivera will be recorded in the negative.

14               Senator Little to explain her vote.

15               SENATOR LITTLE:   Thank you, 

16  Mr. President.

17               I think if we went back through the 

18  legislative record for the last 10 years we would 

19  see that mandate relief was discussed many, many, 

20  many, many times.  

21               I'm on the Mandate Relief Council.  

22  We are listening to businesses coming in.  This 

23  is one of the things that business would like for 

24  mandate relief, as well as municipalities and 

25  everyone else.

                                                               630

 1               So I would encourage my colleagues 

 2  to, instead of just talking about mandate relief, 

 3  let's take this step and give some mandate relief 

 4  to the businesses in our communities.  And I vote 

 5  aye.

 6               ACTING PRESIDENT ROBACH:   Senator 

 7  Little will be recorded in the affirmative.

 8               Announce the results.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 153, those recorded in the 

11  negative are Senators Addabbo, Avella, Breslin, 

12  Carlucci, Diaz, Dilan, Duane, Espaillat, 

13  Gianaris, Hassell-Thompson, Huntley, Kennedy, 

14  Klein, Montgomery, Parker, Peralta, Rivera, 

15  Sampson, Savino, Serrano, Squadron, Stavisky, and 

16  Stewart-Cousins.  

17               Absent from voting:  Senator 

18  Perkins.  

19               Absent from voting pursuant to 

20  Rule 9:  Senator Krueger.  

21               Ayes, 34.  Nays, 23.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               Senator Libous.

25               SENATOR LIBOUS:   Mr. President, if 

                                                               631

 1  we can go back to Senator Nozzolio's bill, 

 2  Calendar Number 53.

 3               ACTING PRESIDENT ROBACH:   The 

 4  Secretary will read Calendar 53.

 5               THE SECRETARY:   Calendar Number 

 6  53, by Senator Nozzolio, Senate Print 4673A, an 

 7  act to amend the Vehicle and Traffic Law.

 8               SENATOR BRESLIN:   Explanation.

 9               ACTING PRESIDENT ROBACH:   Senator 

10  Breslin has asked for an explanation, Senator 

11  Nozzolio.

12               SENATOR NOZZOLIO:   I'll be glad to 

13  provide that explanation.  

14               Mr. President and my colleagues, 

15  this measure simply allows the use of all-terrain 

16  vehicles, when explicitly for agricultural 

17  purposes, to go from one acreage on the farm to a 

18  public highway back to that acreage, for the 

19  purposes of growing crops, producing revenue, 

20  growing jobs, and growing the economy of the 

21  State of New York.

22               ACTING PRESIDENT ROBACH:   Senator 

23  Squadron.

24               SENATOR SQUADRON:   Will the 

25  sponsor yield for a question.

                                                               632

 1               ACTING PRESIDENT ROBACH:   Senator 

 2  Nozzolio, will you yield for a question?

 3               SENATOR NOZZOLIO:   Yes, 

 4  Mr. President.

 5               ACTING PRESIDENT ROBACH:   Senator 

 6  Squadron.

 7               SENATOR SQUADRON:   Thank you.  

 8               Through you, Mr. President, does 

 9  the sponsor know if ATVs are currently defined as 

10  motor vehicles in the Vehicle and Traffic Law?  

11               SENATOR NOZZOLIO:   I'm sorry, 

12  Mr. President, I couldn't hear the end of Senator 

13  Squadron's question.

14               ACTING PRESIDENT ROBACH:   Senator 

15  Squadron, could you repeat the question, please?  

16               SENATOR SQUADRON:   Sure.  

17               Does the sponsor know if ATVs are 

18  currently defined as motor vehicles in the 

19  Vehicle and Traffic Law?

20               SENATOR NOZZOLIO:   Are they 

21  currently motor vehicles?  

22               SENATOR SQUADRON:   Correct.

23               SENATOR NOZZOLIO:   Yes, they are.  

24  And they are governed, Mr. President, by the 

25  Vehicle and Traffic Law.

                                                               633

 1               SENATOR SQUADRON:   Through you, 

 2  Mr. President, is the sponsor suggesting that 

 3  ATVs are governed by the same registration and 

 4  safety and emissions requirements as passenger 

 5  automobiles?

 6               SENATOR NOZZOLIO:   I'm not sure, 

 7  Mr. President.

 8               SENATOR SQUADRON:   So if the 

 9  sponsor wouldn't mind clarifying, then, what he 

10  means when he says yes, they're defined as motor 

11  vehicles in the Vehicle and Traffic Law.

12               SENATOR NOZZOLIO:   I don't know -- 

13  Senator Squadron, Mr. President, I'm having 

14  trouble hearing the end of your comments.  

15  They're kind of trailing off.  Would you be so 

16  kind as to repeat them?  

17               ACTING PRESIDENT ROBACH:   And 

18  maybe, everybody, can we just get a little order 

19  in here so our fellow members can hear the 

20  question and we can all hear the dialogue.

21               Senator Squadron, would you please 

22  repeat the question?  I'm sorry.

23               SENATOR SQUADRON:   Sure.  Thank 

24  you.  And if the sponsor would continue to yield, 

25  I just wanted to understand the answer to the two 

                                                               634

 1  different questions.  

 2               The sponsor seems to say that ATVs 

 3  are defined as motor vehicles in the VTL and 

 4  doesn't know if they are governed by the same 

 5  safety and emissions standards as passenger 

 6  automobiles.  I wanted to ask under what method 

 7  are they governed, in the sponsor's view?  

 8               SENATOR NOZZOLIO:   Mr. President, 

 9  under Section 2281 of the Vehicle and Traffic 

10  Law, ATVs are in fact regulated, that they are 

11  defined, that they have certain provisions that 

12  they are required to put forward.

13               However, they are not allowed 

14  currently on major highways.  And that's hence 

15  this measure, which amends the Vehicle and 

16  Traffic Law, Section 401, to provide the 

17  opportunity, when the vehicles are for 

18  agricultural purposes, that those vehicles be 

19  allowed to go from one part of the farm onto a 

20  public highway to the other part of the farm.

21                Now, there is precedent for this, 

22  Mr. President, precedent for other vehicles.  

23  When an individual, for instance, has a truck 

24  that's not licensed for highway use, that truck 

25  is allowed to go from the north 40 to the 

                                                               635

 1  south 40 as long as the truck is used for 

 2  agricultural purposes.  

 3               This legislation amends the Vehicle 

 4  and Traffic Law to allow ATVs, which are utilized 

 5  by farmers to get from one end of the farm to the 

 6  other, once in a while they have to go on public 

 7  highways to do that.  

 8               This provision, though, does not 

 9  allow ATVs to further ride on highways other than 

10  to get from one portion of a farm to another.

11               SENATOR SQUADRON:   Thank you.  If 

12  the sponsor would continue to yield.

13               ACTING PRESIDENT ROBACH:   Do you 

14  continue to yield, Senator Nozzolio?  

15               SENATOR NOZZOLIO:   Yes, 

16  Mr. President.

17               ACTING PRESIDENT ROBACH:    

18  Continue.

19               SENATOR SQUADRON:   I appreciate 

20  that sort of broader description of the bill from 

21  the sponsor.  But just to get back to the safety 

22  standards for ATVs as compared to motor vehicles 

23  as defined in the Vehicle and Traffic Law, would 

24  the sponsor say that the safety and emissions 

25  standards are less stringent for ATVs than for 

                                                               636

 1  motor vehicles, passenger cars in the VTL?  

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  in response to Senator Squadron's question, I'd 

 4  simply say ATVs are not allowed on the highway 

 5  now, that they're not allowed for taking a Sunday 

 6  afternoon drive, but rather are to be utilized 

 7  for trails and other rural-oriented, 

 8  non-highway-oriented development, to get from one 

 9  end of a rural area to another, primarily.

10               This does not allow ATVs to now 

11  have highway usage other than going from one end 

12  of the farm to the other end of the farm.

13               SENATOR SQUADRON:   If the sponsor 

14  would continue to yield.

15               ACTING PRESIDENT ROBACH:   Will you 

16  continue to yield, Senator Nozzolio?  

17               SENATOR NOZZOLIO:   Yes, 

18  Mr. President.

19               SENATOR SQUADRON:   I appreciate 

20  the sponsor's point that currently ATVs are not 

21  allowed to use the roads and the highways in the 

22  State of New York, and that this bill would allow 

23  that.  

24               Let me ask, does this bill also, in 

25  allowing that, increase the safety standards or 

                                                               637

 1  the emissions standards of ATVs to the level 

 2  allowed for the vehicles currently allowed on 

 3  New York State's highways and roads?  

 4               SENATOR NOZZOLIO:   In response to 

 5  Senator Squadron's question, Mr. President, I 

 6  must report to my colleagues that Section 2406 of 

 7  the Vehicle and Traffic Law talks about and 

 8  speaks to the issue of equipment on ATVs.  

 9               And those equipment qualifications, 

10  as set forth in the statute, clearly, no person 

11  shall operate an ATV under New York State Vehicle 

12  and Traffic Law unless that ATV is equipped with 

13  brakes in good operating condition, has a muffler 

14  system in good operating condition -- which, by 

15  the way, meets federal standards.  

16               It also establishes a requirement 

17  for ATVs, as you are running them, to have a 

18  spark arrester approved by the United States 

19  Forest Service.

20               You also have to have tires that 

21  are at least 2/32nds of an inch of tread with no 

22  visible breaks, cuts, exposed cords, bumps or 

23  bulges.  All these requirements are in the 

24  statute.

25               There are also requirements in the 

                                                               638

 1  statute to have lighted white headlights approved 

 2  by the commissioner of the Department of Motor 

 3  Vehicles, a lighted red taillight approved by the 

 4  commissioner of the Department of Motor Vehicles, 

 5  and that they certainly, when operated at night, 

 6  must have these in good working condition.

 7               There also is a requirement under 

 8  the Vehicle and Traffic Law, Mr. President, that 

 9  a person operating an ATV or riding as a 

10  passenger in an ATV must be wearing a protective 

11  helmet.  As well, that helmet must be approved by 

12  the commissioner of the Department of Motor 

13  Vehicles.

14               ACTING PRESIDENT ROBACH:   Thank 

15  you, Senator Nozzolio.

16               SENATOR NOZZOLIO:   There are other 

17  conditions, Mr. President, within this statute.  

18               And to further explain the 

19  situation that there are qualifications on the 

20  type of tires that you can equip ATVs with and 

21  that -- that, I think, responds in detail to my 

22  colleague's question.

23               ACTING PRESIDENT ROBACH:   Thank 

24  you.

25               SENATOR SQUADRON:   If the sponsor 

                                                               639

 1  would continue to yield.

 2               ACTING PRESIDENT ROBACH:   Senator 

 3  Nozzolio, will you continue to yield?  

 4               SENATOR NOZZOLIO:   Yes, 

 5  Mr. President.

 6               SENATOR SQUADRON:   Through you, 

 7  Mr. President, there are certainly some standards 

 8  laid out.  Again, are those standards lesser than 

 9  or equal to the safety standards that we 

10  currently require on our roads and highways?

11               SENATOR NOZZOLIO:   Mr. President, 

12  I don't know.  

13               But I do know this.  That the ATVs 

14  are established under certain standards, just as 

15  hay wagons are, just as vehicles that may be not 

16  licensed for road operations.  

17               The purpose of these vehicles is 

18  not to take a joyride from one area of the 

19  highway to the next, it's to transport farmers 

20  and farm employees from the north 40 to the 

21  south 40.  That's what the purpose of this 

22  legislation is, Mr. President.  

23               And that we're establishing that 

24  the ATVs have no additional standards than 

25  already exist in Vehicle and Traffic Law to 

                                                               640

 1  achieve this objective, except for the condition 

 2  that it is strictly for agricultural purposes.

 3               ACTING PRESIDENT ROBACH:   Thank 

 4  you, Senator Nozzolio.

 5               SENATOR SQUADRON:   Thank you.  If 

 6  the sponsor would continue to yield.

 7               ACTING PRESIDENT ROBACH:   Will you 

 8  continue to yield, Senator Nozzolio?  

 9               SENATOR NOZZOLIO:   Yes, 

10  Mr. President.

11               SENATOR SQUADRON:   Through you, 

12  Mr. President.  Under this legislation would an 

13  ATV, for example, be allowed on the New York 

14  State Thruway?

15               SENATOR NOZZOLIO:   Mr. President, 

16  I'm not sure if there are too many farms that 

17  require Thruway transport from the north 40 to 

18  the south 40.  

19               I'm not sure Senator Squadron is 

20  asking this question with -- maybe he's asking 

21  this question with a specific circumstance in 

22  mind.  But in the six counties, all the parts of 

23  six counties that I represent -- and I have the 

24  longest stretch of Thruway of any Senator 

25  representing in this body -- I cannot envision 

                                                               641

 1  someone taking an ATV to go from one end of their 

 2  farm to the other using the New York State 

 3  Thruway.

 4               ACTING PRESIDENT ROBACH:   Maybe if 

 5  I could chime in.  Unless you're an authorized 

 6  vehicle, you have to go through a tollbooth to 

 7  access the Thruway.  So the answer would be 

 8  technically, under this case, no.

 9               SENATOR SQUADRON:   Thank you, 

10  Mr. President.  I'm not familiar with the 

11  parliamentary procedure of that clarification, 

12  but I --

13               ACTING PRESIDENT ROBACH:   Maybe 

14  I'll go one step further.  You could {inaudible} 

15  Senator Nozzolio's district out of Brooklyn and 

16  Manhattan and take a ride on an ATV.  Maybe that 

17  would help clear it up for you.

18               SENATOR SQUADRON:   Thank you, 

19  Mr. President.  Thank you to the sponsor.  If the 

20  sponsor would continue to yield in the interim.

21               ACTING PRESIDENT ROBACH:   Senator 

22  Nozzolio, will you continue to yield?

23               SENATOR NOZZOLIO:   Yes, 

24  Mr. President.

25               SENATOR SQUADRON:   How about any 

                                                               642

 1  other interstate in the State of New York, any 

 2  divided interchange highway?  Would this allow an 

 3  ATV to travel on any of those?  

 4               SENATOR NOZZOLIO:   I can't 

 5  envision such a situation, Mr. President.  

 6               Again, Senator Squadron needs only 

 7  to look at current law, which allows the use of 

 8  nonregistered vehicles that are implemented for 

 9  work on the farm, to see if in fact his 

10  hypothetical -- as far-fetched as it is, I 

11  believe it's simply not a circumstance that 

12  currently exists in New York.

13               SENATOR SQUADRON:   If the sponsor 

14  would continue to yield.

15               ACTING PRESIDENT ROBACH:   Senator 

16  Nozzolio, will you continue to yield?  

17               SENATOR NOZZOLIO:   Yes, 

18  Mr. President.

19               ACTING PRESIDENT ROBACH:    

20  Continue.

21               SENATOR SQUADRON:   Does the 

22  sponsor think that it would be a good idea if an 

23  ATV met the safety guidance that we've discussed 

24  today, for a driver of an ATV to take it on a 

25  separated highway, on an interstate highway?

                                                               643

 1               SENATOR NOZZOLIO:   Mr. President, 

 2  I appreciate Senator Squadron's reaching out to 

 3  me and asking my opinion on some hypothetical 

 4  measure.  I always enjoy colloquy between 

 5  colleagues and expressing individual opinions.

 6               However, this measure has nothing 

 7  to do with the hypothetical presented by Senator 

 8  Squadron, and therefore I think that my 

 9  question -- my answer, rather, to his question is 

10  "asked and answered."

11               SENATOR SQUADRON:   Thank you.

12               If Senator Duane would be willing 

13  to yield to a question.

14               SENATOR DUANE:   No, Mr. President, 

15  would you yield for a question, please?  

16               ACTING PRESIDENT ROBACH:   Senator 

17  Duane, why do you rise?

18               SENATOR DUANE:   I was wondering if 

19  you, Mr. President, would yield for a question.  

20  You spoke on the bill, Mr. President.

21               ACTING PRESIDENT ROBACH:   I 

22  probably did speak a little out of turn.  

23               And I really can't yield for a 

24  question.  But if you really would like me to 

25  answer a question, I could have somebody else 

                                                               644

 1  come up here and I'll go down to my seat.

 2               SENATOR DUANE:   Mr. President, you 

 3  spoke on the bill, it doesn't matter whether it 

 4  was long, short, in between.  Actually twice, I 

 5  believe you did so.  Actually, I was wondering if 

 6  you would yield for a question.

 7               ACTING PRESIDENT ROBACH:   I was 

 8  just trying to move the dialogue along, Senator.

 9               Senator Libous, why do you rise?

10               SENATOR LIBOUS:   Well, since 

11  you're going to move the dialogue along, I'll sit 

12  down.  

13               But I just wanted to point out that 

14  we need to move on to debate.  I believe Senator 

15  Nozzolio has the floor, and I'd like to continue 

16  with the debate.

17               ACTING PRESIDENT ROBACH:   Senator 

18  Squadron.  

19               SENATOR SQUADRON:   I believe, 

20  Mr. President, that I have the floor still.

21               SENATOR BRESLIN:   Point of order, 

22  please.

23               ACTING PRESIDENT ROBACH:   Senator 

24  Breslin, why do you rise?

25               SENATOR BRESLIN:   I think that we 

                                                               645

 1  can solve this.  That the chair is not to be 

 2  answering questions.  And when the chair attempts 

 3  to either be facetious or otherwise, it's out of 

 4  order.  And if we proceed with the rules, I don't 

 5  think we'll have any of these problems at all.

 6               ACTING PRESIDENT ROBACH:   Point 

 7  well taken.  Let's continue.

 8               SENATOR LIBOUS:   Mr. President, on 

 9  that point, I concur that Senator Squadron has 

10  the floor.

11               ACTING PRESIDENT ROBACH:   Senator 

12  Squadron.  

13               SENATOR DUANE:   Mr. President, I 

14  would like to agree to that and be satisfied by 

15  it.  So -- because I did ask the question, since 

16  you did speak on the bill.  And since -- I 

17  therefore am permitted to ask you, since I 

18  technically have the floor.  But in the 

19  interests --

20               ACTING PRESIDENT ROBACH:   Senator 

21  Squadron has the floor.

22               SENATOR DUANE:   But in the 

23  interests of just so that everyone understands 

24  the parliamentary procedures.  And we've made 

25  that point clear now, I think.  

                                                               646

 1               I believe that Senator Squadron is 

 2  doing an excellent job, and I'd be thrilled to 

 3  allow him to continue, even though I'm greatly 

 4  disappointed that you were not inclined to answer 

 5  a question after having spoken on the bill.  

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT ROBACH:   Thank 

 8  you, Senator Duane.

 9               Senator Squadron.

10               SENATOR SQUADRON:   Thank you, 

11  Mr. President.  And thank Senator Duane for that 

12  clarification as well.

13               I believe that in my conversation 

14  with the bill's sponsor, the unmediated portion 

15  of it, the bill's sponsor declined to say whether 

16  it was a good idea to take an ATV onto a 

17  separated highway, interstate highway.

18               I would say that I understand the 

19  reluctance to answer that question because 

20  certainly the answer is it's not safe, it is not 

21  advisable, and it shouldn't be allowed.

22               In addition, there are many roads 

23  throughout the State of New York that aren't 

24  tolled, aren't separated highways, but where 

25  vehicles are traveling at clips well over the 

                                                               647

 1  speed that would be safe for an ATV where you 

 2  have --

 3               ACTING PRESIDENT ROBACH:   Are you 

 4  on the bill, Senator Squadron, now?  Or are you 

 5  going to ask a question?

 6               SENATOR SQUADRON:   Mr. President, 

 7  I'm on the bill.  Thank you.

 8               ACTING PRESIDENT ROBACH:   On the 

 9  bill.

10               SENATOR SQUADRON:   As I was 

11  saying, there are many roads throughout the state 

12  where those who would travel at a speed much 

13  greater than would be safe on an ATV -- this bill 

14  would allow for that.  

15               This bill would allow for behavior 

16  that is absolutely not safe.  It's the reason, in 

17  fact, that we treat ATVs and passenger vehicles 

18  differently under the state law.  And a 25-mile 

19  radius is a very large radius.  

20               And the simple idea of opening up 

21  an unregistered vehicle without the same 

22  emissions standards, without the same safety 

23  standards, to the roads of the State of New York 

24  is not safe for the users of those vehicles nor 

25  for other users of the road.  Whether pedestrians 

                                                               648

 1  or bicyclists or automobile drivers, it raises 

 2  any number of concerns.  

 3               And the fact that this bill 

 4  potentially authorizes something that the bill's 

 5  sponsor would not state here on the floor of the 

 6  State Senate is safe and advisable I think is 

 7  deeply concerning.

 8               I appreciate the need to link 

 9  different portions of farms.  I'd be interested 

10  in the number of examples where you have 

11  different portions separated by 25 miles of road 

12  in this way in which, in addition, an ATV trip is 

13  required to go from one to the other, very 

14  different than a tractor, than a vehicle that has 

15  a very specific purpose and is needed in that 

16  case.

17               So for a lot of reasons, it seems 

18  that to gut the protections that we give to 

19  vehicles on the roads in this way, to potentially 

20  allow behavior that I think no one here would 

21  want to advise, and to vote in favor of that 

22  behavior, doesn't make any sense.  

23               So I am going to vote no on this 

24  bill, and I urge my colleagues to do it.  If we 

25  want to open the roads to all sorts of 

                                                               649

 1  unregistered vehicles without safety standards, 

 2  let's admit we're doing that and have a debate 

 3  about that.  Let's not today vote yes cloaked in 

 4  some other purpose.

 5               Thank you, Mr. President.

 6               ACTING PRESIDENT ROBACH:   Thank 

 7  you, Senator Squadron.

 8               Senator Nozzolio on the bill.

 9               SENATOR NOZZOLIO:   On the bill, 

10  Mr. President.

11               I'm asking you to consider, in the 

12  spirit of allowing Senator Squadron to sleep 

13  better this evening, in knowing that this measure 

14  does not allow ATVs to be given any access to 

15  those limited-access highways, including the 

16  New York State Thruway and all those enterprises 

17  that -- all those roads in our state that are 

18  defined as limited-access highways.

19               ACTING PRESIDENT ROBACH:   Senator 

20  Squadron, why do you rise?

21               SENATOR SQUADRON:   Would the 

22  sponsor yield for a question?  

23               Thank you for the clarification.  

24  It seems to speak directly to our conversation.

25               ACTING PRESIDENT ROBACH:   Senator 

                                                               650

 1  Nozzolio, will you yield?  

 2               SENATOR NOZZOLIO:   In spite of 

 3  interrupting my closing remarks, Mr. President, 

 4  I'd be glad to yield to Senator Squadron.

 5               SENATOR SQUADRON:   I thank the 

 6  sponsor for that clarification.  And that 

 7  analysis is one that is consistent with ours, in 

 8  fact.  

 9               And so I want to ask the sponsor, 

10  who previously declined to say whether it was 

11  advisable or not for an ATV to be on a 

12  limited-access highway, on an interstate-type 

13  highway, whether at this point the sponsor 

14  has a view about whether it makes sense for an 

15  ATV to be on such a road.

16               SENATOR NOZZOLIO:   Mr. President, 

17  I've already responded to the question.  That it 

18  is a hypothetical that's not relevant to this 

19  bill because this bill does not allow ATVs to be 

20  on limited-access highways.  It also does not 

21  allow ATVs to be operational after sunset or 

22  before sunrise.  

23               So that those interests of Senator 

24  Squadron I'm sure are legitimate and of concern.  

25  I rose to further define for our colleagues 

                                                               651

 1  exactly what this bill does and what it doesn't 

 2  do.  

 3               And it certainly does not allow 

 4  ATVs to go on limited-access highways.  It does 

 5  not allow them to run in any type of operation 

 6  that's non-agricultural-oriented, traveling from 

 7  one end of the farm to the other.  It also does 

 8  not allow ATVs to be running during the darkness 

 9  of night or early morning.

10               SENATOR SQUADRON:   If the sponsor 

11  would continue to yield.

12               ACTING PRESIDENT ROBACH:   Will you 

13  continue to yield, Senator Nozzolio?

14               SENATOR NOZZOLIO:   Yes, 

15  Mr. President.

16               ACTING PRESIDENT ROBACH:    

17  Continue, Senator Squadron.

18               SENATOR SQUADRON:   Would the 

19  sponsor say why such prohibitions are put on ATVs 

20  in this bill that don't exist for passenger 

21  vehicles under the law?  The prohibitions that 

22  were just laid out newly in the sponsor's latest 

23  response.

24               SENATOR NOZZOLIO:   Mr. President, 

25  I think the question from Senator Squadron is 

                                                               652

 1  that why those prohibitions aren't placed on 

 2  other farm vehicles that are allowed to go from 

 3  the north 40 to the south 40.  

 4               Is that correct, Senator?  Is that 

 5  the correct question, Mr. President, that Senator 

 6  Squadron is asking?

 7               SENATOR SQUADRON:   I will restate 

 8  the question for the sponsor.  I'm happy to do 

 9  so.

10               The prohibitions that were laid 

11  out -- the limited-access highways, the darkness, 

12  different prohibitions on ATVs in this bill that 

13  don't exist, as far as I know, for passenger 

14  vehicles -- why did the sponsor put those 

15  prohibitions in this bill?  What is the reason?

16               SENATOR NOZZOLIO:   Mr. President, 

17  the nature of that question shows that the 

18  questioner is asking something far beyond the 

19  scope of this legislation.  

20               This proposed measure deals with 

21  the ability of farm vehicles that are not 

22  registered to be able to go from the north 40 to 

23  the south 40.  This only adds, this measure only 

24  adds ATVs to the list of vehicles that can go 

25  from the north 40 to the south 40.  It does not 

                                                               653

 1  create a special transportation ability of any 

 2  vehicle.  

 3               Those vehicles that currently are 

 4  allowed to go from the north 40 to the south 40 

 5  are also banned from the highway.  Regardless of 

 6  their equipment, regardless of the standard of 

 7  regulation, they're unregistered vehicles or 

 8  registered as farm vehicles, not vehicles that 

 9  otherwise could be placed on the highway.  

10               And we're saying that ATVs now 

11  should have -- because they perform a similar 

12  function for agriculture, that they should be 

13  allowed also to be able to go from one end of the 

14  farm to the other end of the farm.

15               SENATOR SQUADRON:   If the sponsor 

16  would continue to yield.

17               ACTING PRESIDENT ROBACH:   Senator 

18  Nozzolio, will you continue to yield?  

19               SENATOR NOZZOLIO:   Yes, 

20  Mr. President.

21               SENATOR SQUADRON:   The sponsor 

22  suggested that my question was outside the scope 

23  of the bill, so I would direct the sponsor to the 

24  bill itself in asking why the prohibitions are 

25  put on ATVs in this bill that do not exist for 

                                                               654

 1  other vehicles.

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  in trying to understand Senator Squadron's 

 4  question, I only can state the following.  That 

 5  the prohibitions -- or the requirements, the 

 6  safety requirements for the ATVs are already 

 7  listed in statute today.  What we have 

 8  established is that the all-terrain vehicle must 

 9  comply with Department of Motor Vehicle 

10  regulations as they exist in current law.

11               SENATOR SQUADRON:   If I could stop 

12  you there for clarification.  I think I may not 

13  have been clear enough in my question.

14               ACTING PRESIDENT ROBACH:   Senator 

15  Nozzolio.

16               SENATOR NOZZOLIO:   I would always 

17  welcome Senator Squadron clarifying his 

18  questions.

19               SENATOR SQUADRON:   Thank you.  In 

20  the interests of time, I would appreciate that 

21  opportunity.  I thank the sponsor.

22               I'm not referring to the safety 

23  issues that we talked about earlier today, I'm 

24  talking specifically about the limitations, the 

25  limitations sunset to sunrise, the limitations on 

                                                               655

 1  certain kinds of roads, the limitations on a 

 2  25-mile radius.  Those limitations that are put 

 3  on ATVs in this bill have nothing to do with the 

 4  safety requirements of the vehicles themselves.  

 5               Those specific limitations, the 

 6  three that I just listed, why are those put in 

 7  this bill?

 8               SENATOR NOZZOLIO:   Mr. President, 

 9  Senator Squadron's question about the reasons is 

10  that we wanted to ensure that ATVs were in fact 

11  used for agricultural purposes, that those 

12  agricultural purposes are best suited during the 

13  daytime rather than at night, they're best suited 

14  for going from the north 40 to the south 40 when 

15  you have the types of agricultural needs that are 

16  necessary, and that it seemed also in line with 

17  the current law which allows nonregistered 

18  vehicles to go that same route.

19               SENATOR SQUADRON:   If the sponsor 

20  would yield for a final question.

21               ACTING PRESIDENT ROBACH:   Senator 

22  Nozzolio, will you yield for a final question?  

23               SENATOR NOZZOLIO:   I'd be happy 

24  to, Mr. President.

25               SENATOR SQUADRON:   So safety was 

                                                               656

 1  not a concern?

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  we're always concerned with safety.  That the 

 4  safety is a paramount concern for any time you 

 5  change the motor vehicle and traffic law.  

 6               What we're saying here is these are 

 7  utilized vehicles, they're strictly regulated 

 8  under current law in terms of their ability to 

 9  even operate them on off-road experiences.  We're 

10  saying that the only on-road experience that 

11  could exist under this exemption will be for 

12  agricultural purposes and limiting the time, the 

13  scope, the manner of which those agricultural 

14  experiences can be further defined.

15               That's the purpose of this 

16  legislation, and I hope that it will be helpful 

17  to New York State agriculture.  I urge my 

18  colleagues to pass it.

19               ACTING PRESIDENT ROBACH:   Senator 

20  Krueger, why do you rise?

21               SENATOR KRUEGER:   Thank you, 

22  Mr. President.

23               I do apologize I had to miss some 

24  of the debate; I was at the revenue conference 

25  with some of our colleagues and the economists.  

                                                               657

 1               But I did have some questions for 

 2  the sponsor that I believe were not asked 

 3  already, so I don't think I'll be duplicating 

 4  questions, if he wouldn't mind.

 5               ACTING PRESIDENT ROBACH:   I 

 6  certainly don't mind.  

 7               Senator Nozzolio, would you yield 

 8  for some questions?  

 9               SENATOR NOZZOLIO:   I'd be happy to 

10  yield to Senator Krueger, Mr. President.

11               SENATOR KRUEGER:   Thank you.  

12               Listening to the debate and looking 

13  quickly at the bill, there's a discussion of 

14  actually having these vehicles registered through 

15  the DMV commissioner and a little bit of a layout 

16  of how that would work.

17               So would this require annual 

18  inspection, as for automobiles?  Because there's 

19  another section of the bill before it, talking 

20  about ensuring that these vehicles do not have 

21  any out-of-service defects leading to load 

22  securement, brake systems, steering components 

23  and/or coupling devices.  

24               So I'm wondering will there be an 

25  inspection system created on an annual basis, 

                                                               658

 1  like for automobiles and trucks?

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  in current law I know that there needs to be 

 4  certain safety requirements met.  Senator 

 5  Krueger, I read a portion of the law, referred to 

 6  it in response to Senator Squadron's earlier 

 7  question, regarding what type of safety 

 8  components of ATVs should be required.  

 9               And the Department of Motor 

10  Vehicles requires a number of them, including 

11  tire safety, taillight safety, headlight safety, 

12  other types of equipment that has to be 

13  reviewed.  

14               That the inspection -- are you 

15  saying that there's a specific inspection 

16  requirement?  

17               SENATOR KRUEGER:   I'm asking if 

18  there would be a specific inspection on an annual 

19  basis the way we do so --

20               SENATOR NOZZOLIO:   Thank you for 

21  that clarification, Senator.

22               That we're not asking for any 

23  additional requirements above existing law for 

24  the utilization of those vehicles.

25               SENATOR KRUEGER:   Mr. President, 

                                                               659

 1  if through you the sponsor would continue to 

 2  yield.

 3               ACTING PRESIDENT ROBACH:   Senator 

 4  Nozzolio, will you continue to yield?  

 5               SENATOR NOZZOLIO:   Yes, 

 6  Mr. President.

 7               SENATOR KRUEGER:   So now I'll 

 8  clarify my question.  Is there an annual 

 9  inspection already by the Department of Motor 

10  Vehicles under existing law, so this would simply 

11  be expanding that somehow?

12               SENATOR NOZZOLIO:   Mr. President, 

13  it's my understanding that under existing law 

14  there is a registration requirement for ATVs and 

15  that registration requirement must comply with -- 

16  just as any other vehicle registration 

17  requirement in the state has certain standards 

18  that must be met, and that registration 

19  requirement, as articulated by the Vehicle and 

20  Traffic Law, sets forward certain criteria for 

21  each of those vehicles.

22               SENATOR KRUEGER:   Mr. President, 

23  through you, if the sponsor would continue to 

24  yield.

25               ACTING PRESIDENT ROBACH:   Senator 

                                                               660

 1  Nozzolio, will you continue to yield?  

 2               SENATOR NOZZOLIO:   Yes, 

 3  Mr. President.

 4               ACTING PRESIDENT ROBACH:    

 5  Continue.

 6               SENATOR KRUEGER:   Thank you.

 7               So I confess I'm still a little 

 8  confused.  It is true there's registration for 

 9  different kinds of vehicles in this state.  But 

10  vehicles that actually drive on our roads and 

11  public highways actually go through a formal 

12  inspection on an annual basis.  

13               So my question again, to try to 

14  make sure I'm saying it right, is if your bill 

15  passed and these vehicles which currently are not 

16  used on public roads and highways could be used 

17  under certain circumstances on public roads and 

18  highways, is it your belief that this would 

19  require an actual safety inspection of the 

20  vehicle on some schedule as we do with cars, 

21  trucks, buses, police and fire vehicles, other 

22  vehicles that ride on our roads and highways?  

23               SENATOR NOZZOLIO:   Mr. President, 

24  in response to Senator Krueger's question I want 

25  to make it very clear, particularly to the entire 

                                                               661

 1  agriculture community in this state, that this 

 2  measure has no intention of establishing an 

 3  additional inspection, regulation, requirement on 

 4  vehicles that are not meant for long highway use 

 5  in the first place.

 6               That there are certain standards 

 7  that the equipment must be on an ATV, but this 

 8  legislation only allows ATVs to be on the road 

 9  for a very limited purpose.  And that purpose is 

10  to enhance New York agriculture, to make it more 

11  efficient, to make it more effective.  We're not 

12  suggesting in any way, shape or form that this 

13  legislation enhanced the cost of owning an ATV by 

14  a farmer or enhanced the regulatory requirements 

15  of said vehicle.

16               SENATOR KRUEGER:   Mr. President, 

17  if through you the sponsor would continue to 

18  yield.

19               ACTING PRESIDENT ROBACH:   Senator 

20  Nozzolio, would you continue to yield?

21               SENATOR NOZZOLIO:   Yes, 

22  Mr. President.

23               ACTING PRESIDENT ROBACH:    

24  Continue.

25               SENATOR KRUEGER:   Thank you to the 

                                                               662

 1  sponsor for his answers to my questions.  

 2               So again, as I understand it, he 

 3  doesn't want any new requirements placed on the 

 4  owners of the vehicles.  He does want the 

 5  vehicles to be able to travel on public roads and 

 6  highways up to 25 miles from their farms.  

 7               Will this law require vehicles to 

 8  have insurance so that if, unfortunately, there 

 9  is an accident between this vehicle and another 

10  vehicle, this vehicle and a human being, that the 

11  standards of automobile, truck, bus insurance 

12  will be applied to these vehicles when they are 

13  on roadways?

14               SENATOR NOZZOLIO:   Mr. President, 

15  it was a long question.  I'm not sure I got 

16  two-thirds of it.  

17               But if Senator Krueger is asking 

18  for a clarification of whether there should be 

19  additional insurance requirements or other types 

20  of requirements, the law governing ATVs already 

21  establishes those requirements.  We're not 

22  suggesting any additional requirements be set 

23  forth.

24               SENATOR KRUEGER:   Thank you, 

25  Mr. President.  On the bill.

                                                               663

 1               ACTING PRESIDENT ROBACH:   On the 

 2  bill.

 3               SENATOR KRUEGER:   So ATVs, large, 

 4  motorized, with wheels -- moving forward, I 

 5  missed the debate, I guess, on an earlier ATV 

 6  bill which would expand the size of these 

 7  vehicles.  And now with this bill we're being 

 8  asked to support allowing them to function not 

 9  unlike other transport vehicles used for work, 

10  including farm work, trucks of different sizes on 

11  roads and highways.  

12               We require that trucks being used 

13  for moving product from place to place -- could 

14  be farms, could be other places -- we require 

15  them to have annual inspections through 

16  DMV-approved sites to ensure the safety standards 

17  of those vehicles are being met.

18               We require insurance for the 

19  vehicle to ensure -- as opposed to insure -- that 

20  in situations where there are accidents and there 

21  is harm done to body and property that there is 

22  an insurance system in place.  

23               It seems to me that it would be 

24  logical to have a bill that allowed these 

25  vehicles to do what Senator Nozzolio wants them 

                                                               664

 1  to be able to do if it also brought these 

 2  vehicles under the rubric of our other state DMV 

 3  laws and insurance laws so that these vehicles, 

 4  upon riding on our streets and highways, in fact 

 5  met safety standards and ensured that there was 

 6  insurance coverage to handle damages if in fact 

 7  there were accidents.

 8               I don't believe this bill either 

 9  provides for insurance coverage, nor does it 

10  provide for some kind of annual registration 

11  inspection.  And so I do not feel that we 

12  ought to pass this law in the State of New York.  

13               I think it could be amended to 

14  address those concerns, but as it stands now, 

15  through my questions and answers with the 

16  sponsor -- and I greatly appreciate his 

17  answers -- I don't think it passes the test for 

18  allowing a new type of vehicle on our roads and 

19  highways without the same standards applied to 

20  them.  I'll vote no.

21               Thank you, Mr. President.

22               ACTING PRESIDENT ROBACH:   Thank 

23  you, Senator Krueger.

24               Is there any other Senator wishing 

25  to be heard?  

                                                               665

 1               Seeing none, the debate is closed.  

 2  The Secretary will ring the bell.  We ask all 

 3  members to please come to the chamber for the 

 4  vote.  

 5               Read the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect on the 90th day.

 8               ACTING PRESIDENT ROBACH:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT ROBACH:   Senator 

12  Montgomery to explain her vote.

13               SENATOR MONTGOMERY:   Yes, 

14  Mr. President.  I want to rise to just explain 

15  why I'm voting as I'm voting.

16               I appreciate the issues raised by 

17  my colleagues.  I see certainly the merit of some 

18  of those questions that were raised, and I do 

19  hope that we can work some of that out.  

20               But I'm going to, however, support 

21  this bill.  And I want to make sure that my 

22  colleagues understand I'm not doing this to 

23  support Senator Nozzolio.

24               (Laughter.)

25               SENATOR MONTGOMERY:   I just -- I 

                                                               666

 1  think it's important for me to distinguish.  

 2               I am supporting and I want to send 

 3  a message that we should be doing as much as we 

 4  can to support the farmers in our state.  And 

 5  agriculture is a huge business.  It's very, very 

 6  intense, labor-intensive, difficult, and 

 7  certainly important to our economy.

 8               So I am voting yes on this, and 

 9  hopefully we can work out the details, 

10  Senator Nozzolio.

11               ACTING PRESIDENT ROBACH:   Thank 

12  you, Senator Montgomery.  You will be recorded in 

13  the affirmative.

14               (Scattered applause.)

15               ACTING PRESIDENT ROBACH:   Senator 

16  Young to explain her vote.

17               SENATOR YOUNG:   Thank you, 

18  Mr. President.

19               I just want to rise and commend 

20  Senator Nozzolio for putting forward this 

21  important piece of legislation.  

22               I grew up on a farm.  I'm former 

23  chair of the Senate Agriculture Committee.  I 

24  currently serve on the Agriculture Committee.  

25  And we need to do everything that we can in this 

                                                               667

 1  state to help our farmers be able to have 

 2  efficient, effective operations.

 3               On my farm my father actually 

 4  rented three farms that were close to one 

 5  another, but there was property in between.  So 

 6  in order to get from one farm to another, he had 

 7  to use the roadways.  And I think that's just one 

 8  small example of upstate, because it's not all 

 9  cut-and-dried.  You have to get around your 

10  farms, and it's not always just through the 

11  fields.  

12               So I think this is a very important 

13  bill.  And again, I want to thank Senator 

14  Nozzolio for putting it forward because this will 

15  help us continue to make sure that agriculture is 

16  strong, that our economy is strong upstate, and 

17  it's a great idea.

18               ACTING PRESIDENT ROBACH:   Thank 

19  you, Senator Young.

20               Announce the results.

21               THE SECRETARY:   In relation to 

22  Calendar Number 53, those recorded in the 

23  negative are Senators Avella, Gianaris, Kennedy, 

24  Krueger, Parker, Peralta, Rivera, Serrano, 

25  Squadron, Stavisky and Stewart-Cousins. 

                                                               668

 1               Absent from voting:  Senators 

 2  Huntley and Perkins.

 3               Ayes, 46.  Nays, 11.

 4               ACTING PRESIDENT ROBACH:   The bill 

 5  is passed.

 6               Senator Libous, that concludes the 

 7  controversial reading of the calendar.

 8               SENATOR LIBOUS:   Mr. President, is 

 9  there any further business at the desk?  

10               ACTING PRESIDENT ROBACH:   We've 

11  addressed all of it.  There is none.

12               SENATOR LIBOUS:   Thank you, 

13  Mr. President.

14               There being no further business, I 

15  move that we adjourn until Thursday, March 1st, 

16  at 11:00 a.m.

17               ACTING PRESIDENT ROBACH:   On 

18  motion, the Senate stands adjourned until 

19  Thursday, March 1st, at 11:00 a.m.

20               (Whereupon, at 4:50 p.m., the Senate 

21  adjourned.)

22

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