Monday, June 27, 1994

5737 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 27, 1994 10 4:15 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 5738 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Senators please take 4 their places. Ask the members of the gallery to 5 join us in saying the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 ACTING PRESIDENT KUHL: We're 9 pleased to have a constituent of Senator 10 Padavan's with us from Queens, the Reverend 11 Monsignor George T. Deas from Our Lady of the 12 Blessed Sacrament. 13 REVEREND MONSIGNOR GEORGE T. 14 DEAS: I'd like to offer two thoughts as prelude 15 to our prayer. 16 There was a young man who was 17 taking his first flight and ran into a lot of 18 turbulence and, in the midst of his anxiety 19 prayed, "O God, if you get me out of this, I 20 will give you half of what I earn." Suddenly 21 the sun came out and about a half hour later the 22 plane landed evenly and uneventfully. But just 23 behind him was a preacher who tapped him on the 5739 1 shoulder as he got up to go out and said, "I 2 heard the prayer that you uttered and so I would 3 like to collect for the Lord," and the man 4 turned and said to him, "No deal," he said. 5 "I've -- I've changed the terms;" and he said, 6 "What do you mean?" And he said, "Well, I said 7 to the Lord, if you ever catch me in one of 8 these things again, you can have it all." 9 We take from that that God cuts 10 no deals and in the end he gets it all. The 11 second thought comes from Teresa of Avila who 12 says that God sees us all the time but, when we 13 pray, we see God seeing us. So let us bow our 14 heads and ask for the wit to take this 15 conversation seriously. 16 We call You Almighty, the all 17 powerful one because in You alone all power 18 resides and in You alone absolute power is in 19 corruptible. What power we possess derives from 20 You and threatens to corrupt us only when we 21 forget that. Give us the humility to remember 22 that You made the world. It is Yours to save. 23 You made us stewards of the world, and it is 5740 1 ours to serve, and so we pray for our nation and 2 especially our state on whose soil our feet are 3 planted and in whose history we see Your 4 provident hand. 5 Help us to find our soul. We 6 develop swift means of transportation. Show us 7 the place to go. We develop incredible methods 8 of communication. Teach us what to say. We 9 have amassed immense wealth. Give us the goals 10 worthy of Your love on which to spend it. Bless 11 this nation, this state, this chamber of Senate 12 and the women and men within it for the 13 resurgence of integrity. Give us courage to be 14 strong in assisting the weak, wisdom to rebuild 15 our cities well, humility to live the trust in 16 You which is engraved on our currency and our 17 coins, and at last sharpen our sense of humor so 18 as to see all things from Your perspective and 19 know when we have said enough. Amen. 20 ACTING PRESIDENT KUHL: Reading 21 of the Journal. 22 THE SECRETARY: In Senate, 23 Sunday, June 26th. The Senate met pursuant to 5741 1 adjournment, Senator Bruno in the Chair upon 2 designation of the Temporary President. The 3 Journal of Saturday, June 25th, was read and 4 approved. On motion, Senate adjourned. 5 ACTING PRESIDENT KUHL: Hearing 6 no objection, the Journal stands approved as 7 read. 8 Presentation of petitions. 9 Messages from the Assembly. 10 Senator Present, there's one at 11 the desk. I ask the Secretary to read. 12 THE SECRETARY: The Assembly 13 returned Senator Padavan's bill, Senate Bill 14 Number 5904-B, Assembly Reprint Number 30005, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to the offense of unlawful solicitation 17 of ground transportation services, with 18 amendments. 19 ACTING PRESIDENT KUHL: Concur in 20 the amendments. Senate bill is restored to the 21 calendar. 22 Messages from the Governor. 23 Reports of standing committees. 5742 1 THE SECRETARY: Senator Marino, 2 from the Committee on Rules, reports the 3 following bills directly for third reading: 4 Senate Bill Number 2491-A, by 5 Senator Montgomery, authorizing the city of New 6 York to reconvey its interest in certain real 7 property; 8 3185-C, by Senator Spano, an act 9 to amend the Retirement and Social Security Law; 10 3276-B, by Senator Spano, an act 11 to amend the Retirement and Social Security Law; 12 3674, by Senator Present, Real 13 Property Tax Law; 14 5499-A, by Senator Saland, an act 15 to amend the Social Services Law; 16 5571, by Senator Padavan, an act 17 to amend the Public Authorities Law; 18 5871, by Senator Velella, an act 19 to amend the Judiciary Law; 20 6081-A, by the Senate Committee 21 on Rules, an act to amend the Vehicle and 22 Traffic Law. 23 6706-B, by Senator Stachowski, 5743 1 authorizing the city of Lackawanna to 2 discontinue the use and sell certain park lands; 3 6885-A, by Senator Seward, an act 4 to amend the Election Law; 5 7015, by Senator Johnson, an act 6 to amend the General Municipal Law; 7 7024, by Senator Lack, an act to 8 amend the Labor Law; 9 7704, by Senator Present, 10 Environmental Conservation Law; 11 7758, by Senator Velella, an act 12 to amend the Insurance Law; 13 7811-A, by Senator Johnson, an 14 act to amend the General Municipal Law; 15 7968-A, by Senator Daly, an act 16 to amend the Environmental Conservation Law 17 reported with amendments; 18 8029, by Senator Ohrenstein, 19 authorize the city of New York to reconvey its 20 interests in certain real property; 21 8064, by Senator Lack, an act to 22 amend the General Obligations Law; 23 8090-A, by Senator Goodman, an 5744 1 act to amend the Vehicle and Traffic Law; 2 8145, by Senator Lack, Uniform 3 City Court Act; 4 8189-A, by Senator Present, 5 Environmental Conservation Law; 6 8288-A, by Senator Present, an 7 act to amend the Town Law and the Public 8 Officers Law; 9 8398, by Senator Daly, an act to 10 amend the Vehicle and Traffic Law; 11 8503, by Senator Skelos, amends 12 Chapter 1014 of the Laws of 1984; 13 8520, by Senator Sears, authorize 14 the town of Massena in St. Lawrence County to 15 construct office facilities; 16 8648, by Senator Nozzolio, an act 17 to amend the Election Law; 18 8661, by Senator Libous, 19 Surrogate's Court Procedure Act; 20 8679, by the Committee on Rules, 21 Public Authorities Law; 22 8684, by Senator Daly, authorize 23 the sale and lease of real property at the 5745 1 Rochester Psychiatric Center; 2 8694, by Senator Saland, 3 Environmental Conservation Law; 4 8695, by Senator Spano, amends 5 Chapter 318 of the Laws of 1991; 6 8704, by Senator Holland, an act 7 to amend the Social Services Law; and 8 8739, by Senator Tully, an act to 9 amend the Public Health Law. 10 All bills reported directly for 11 third reading. 12 ACTING PRESIDENT KUHL: All bills 13 are reported directly to third reading. 14 Reports of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. 18 Senator Libous. 19 SENATOR LIBOUS: Thank you, Mr. 20 President. 21 On behalf of Senator Stafford, on 22 page 42, I offer the following amendments to 23 Calendar Number 1106, Senate Print Number 8030, 5746 1 and ask that said bill retain its place on the 2 Third Reading Calendar. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and adopted. 5 SENATOR LIBOUS: And, Mr. 6 President, would you also please remove the star 7 on that bill. 8 ACTING PRESIDENT KUHL: Star is 9 removed. 10 SENATOR LIBOUS: Mr. President, 11 also on behalf of Senator Stafford, I wish to 12 call up his bill, Senate Print Number 7467 13 recalled from the Assembly which is now at the 14 desk. 15 ACTING PRESIDENT KUHL: Secretary 16 will read. 17 THE SECRETARY: By Senator 18 Stafford, Senate Bill Number 7467, an act to 19 amend the General Construction Law. 20 ACTING PRESIDENT KUHL: Senator 21 Libous. 22 SENATOR LIBOUS: Mr. President, I 23 now move to reconsider the vote by which this 5747 1 bill was passed. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the roll, or call the roll on 4 reconsideration. 5 (The Secretary called the roll on 6 reconsideration. ) 7 THE SECRETARY: Ayes 41. 8 ACTING PRESIDENT KUHL: Senator 9 Libous. 10 SENATOR LIBOUS: Mr. President, I 11 now offer up the following amendments. 12 ACTING PRESIDENT KUHL: 13 Amendments are received and adopted. 14 Senator Libous. 15 SENATOR LIBOUS: Again, Mr. 16 President, on behalf of Senator Stafford, I wish 17 to call up his bill 441-C recalled from the 18 Assembly which is now at the desk. 19 ACTING PRESIDENT KUHL: Secretary 20 will read. 21 THE SECRETARY: By Senator 22 Stafford, Senate Bill Number 441-C, an act to 23 amend the Tax Law. 5748 1 SENATOR LIBOUS: Mr. President, I 2 now move to reconsider the vote by which this 3 bill was passed. 4 ACTING PRESIDENT KUHL: Call the 5 roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration. ) 8 THE SECRETARY: Ayes 41. 9 SENATOR LIBOUS: Mr. President, I 10 offer up the following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 Senator Libous. 14 SENATOR LIBOUS: Mr. President, 15 on behalf of Senator Marchi, I wish to call up 16 his bill, Print Number 6521-A recalled from the 17 Assembly which is now at the desk. 18 ACTING PRESIDENT KUHL: Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Marchi, Senate Bill 6521-A, an act to amend the 22 Environmental Conservation Law. 23 SENATOR LIBOUS: Mr. President, I 5749 1 now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT KUHL: Call the 4 roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration. ) 7 THE SECRETARY: Ayes 41. 8 SENATOR LIBOUS: I now offer the 9 following amendments. 10 ACTING PRESIDENT KUHL: 11 Amendments are received and adopted. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, on 14 behalf of myself, may I please put a sponsor's 15 star on Calendar Number 854. 16 ACTING PRESIDENT KUHL: Senator 17 Gold, why do you rise? 18 SENATOR GOLD: Would you please 19 recognize Senator Markowitz. 20 SENATOR MARKOWITZ: I would like 21 to be recorded on 1289, which the Senate 22 approved on June 12th, 1289, I would have voted 23 in the affirmative enthusiastically. 5750 1 ACTING PRESIDENT KUHL: Senator 2 Markowitz, the record will show that had you 3 been present when that bill was voted on, you 4 would have voted in the affirmative. 5 Senator Seward. 6 SENATOR SEWARD: Mr. President, 7 on behalf of Senator Tully, I wish to call up 8 his bill Print Number 8180-A recalled from the 9 Assembly which is now at the desk. 10 ACTING PRESIDENT KUHL: Secretary 11 will read. 12 THE SECRETARY: By Senator Tully, 13 Senate Bill 8180-A, authorize the village of 14 Westbury to discontinue the use of certain park 15 lands. 16 SENATOR SEWARD: Mr. President, I 17 now move to reconsider the vote by which this 18 bill was passed. 19 ACTING PRESIDENT KUHL: Secretary 20 will call the roll on reconsideration. 21 (The Secretary called the roll on 22 reconsideration. ) 23 THE SECRETARY: Ayes 43. 5751 1 SENATOR SEWARD: Mr. President, I 2 now offer the following amendments. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and adopted. 5 Senator Seward. 6 SENATOR SEWARD: Also on behalf 7 of Senator Tully, I wish to call up his bill 8 Print Number 233 recalled from the Assembly 9 which is now at the desk. 10 ACTING PRESIDENT KUHL: Secretary 11 will read. 12 THE SECRETARY: By Senator Tully, 13 Senate Bill 233, an act to amend the Criminal 14 Procedure Law. 15 SENATOR SEWARD: I now move to 16 reconsider the vote by which this bill was 17 passed. 18 ACTING PRESIDENT KUHL: Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 43. 23 SENATOR SEWARD: Mr. President, I 5752 1 now offer the following amendments. 2 ACTING PRESIDENT KUHL: 3 Amendments are received and adopted. 4 Senator Seward. 5 SENATOR SEWARD: On behalf of 6 Senator Goodman, I wish to call up Calendar 7 Number 709, Assembly Print Number 6114-C. 8 ACTING PRESIDENT KUHL: Secretary 9 will read. 10 THE SECRETARY: Assembly Bill 11 Number 6114-C, an act to amend the Arts and 12 Cultural Affairs Law. 13 SENATOR SEWARD: I now move to 14 reconsider the vote by which this Assembly bill 15 was substituted for Senator Goodman's bill, 16 Senate Print Number 3874-B on April 27th. 17 ACTING PRESIDENT KUHL: Secretary 18 will call the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration. ) 21 THE SECRETARY: Ayes 43. 22 SENATOR SEWARD: I now move that 23 Assembly Bill Number 6114-C be committed to the 5753 1 Committee on Rules and Senate -- the Senate bill 2 be restored to the order of Third Reading 3 Calendar. 4 ACTING PRESIDENT KUHL: The 5 Assembly bill will be recommitted and the Senate 6 bill will be restored to the Third Reading 7 Calendar. 8 Senator Seward. 9 SENATOR SEWARD: Mr. President, I 10 now offer the following amendments to that bill. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 SENATOR SEWARD: O.K. And finally 14 on behalf of Senator Levy, I wish to call up 15 Calendar 1028, Assembly Print Number 2235-A. 16 ACTING PRESIDENT KUHL: Secretary 17 will read. 18 THE SECRETARY: Assembly Bill 19 2235-A, an act to amend the Public Authorities 20 Law. 21 SENATOR SEWARD: I now move to 22 reconsider the vote by which this Assembly bill 23 was substituted for Senator Levy's bill, Senate 5754 1 Bill Number 8300, on May 11th. 2 ACTING PRESIDENT KUHL: Secretary 3 will call the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 43. 7 SENATOR SEWARD: I now move that 8 Assembly Bill Number 2235-A be recommitted to 9 the Committee on Rules, and that Senator Levy's 10 bill be restored to the Third Reading Calendar. 11 ACTING PRESIDENT KUHL: The 12 Assembly bill will be recommitted, and the 13 Senate bill will be restored to the Third 14 Reading Calendar. 15 SENATOR SEWARD: I now offer the 16 following amendments. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. 19 Senator Farley. 20 SENATOR FARLEY: Thank you, Mr. 21 President. 22 On behalf of Senator Levy, please 23 remove a sponsor's star from Calendar Numbers 5755 1 293 and 328. 2 ACTING PRESIDENT KUHL: Sponsor's 3 stars will be removed from 293 and 328. 4 SENATOR FARLEY: On behalf of 5 Senator Kuhl, please place a sponsor's star on 6 Calendar Number 1164. 7 ACTING PRESIDENT KUHL: Sponsor's 8 star is placed on Calendar Number 1164. 9 SENATOR FARLEY: Also on behalf 10 of Senator Daly, on page 4, Calendar Number 261, 11 Senate Print 4583-D, I offer the following 12 amendments. 13 ACTING PRESIDENT KUHL: 14 Amendments are received and adopted. 15 SENATOR FARLEY: I have a number 16 of these. 17 On behalf of Senator Daly 18 amendments are also offered on page 10, Calendar 19 Number 593, Senate Print 7281-A, offer the 20 following amendments. 21 On behalf of Senator Hannon, on 22 page 28, Calendar Number 1246, Print Number 8530 23 I offer the following amendments. 5756 1 Behalf of Senator Johnson, page 2 32, Calendar Number 1337, Senate Print 6851, I 3 offer amendments. 4 On behalf of Senator Skelos, on 5 page 33, Calendar 1345, Senate Print 8452, I 6 offer the following amendments. 7 On behalf of Senator Skelos, on 8 page 38, Calendar Print -- Calendar Number 600, 9 Senate Print 7412, I offer the following 10 amendments. 11 On behalf of Senator Velella, 12 page 19, Calendar 882, Senate Print 6787-A, 13 offer amendments. 14 And on behalf of Senator Kuhl, on 15 page 32, Calendar Number 1338, Senate Print 16 7406-A, I offer the following amendments, and I 17 ask that these bills retain their place on the 18 Third Reading Calendar. 19 ACTING PRESIDENT KUHL: 20 Amendments are received and accepted on 21 Calendars Number 593, 1246, 1337, 1345, 600, 882 22 and 1338. The bills will retain their place on 23 the Third Reading Calendar. 5757 1 Senator Rath. 2 SENATOR RATH: Mr. President, I 3 wish to call up my bill, Print Number 7054-B 4 recalled from the Assembly which is now at the 5 desk. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: 7054-B, an act to 9 amend the State Administrative Procedure Act. 10 SENATOR RATH: Mr. President, I 11 now move to reconsider the vote by which the 12 bill was passed. 13 ACTING PRESIDENT KUHL: Secretary 14 will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 43. 18 SENATOR RATH: Mr. President, I 19 now offer the following amendments. 20 ACTING PRESIDENT KUHL: 21 Amendments are received and adopted. 22 SENATOR RATH: Mr. President, 23 additionally I wish to call up my bill, Print 5758 1 Number 7743-A recalled from the Assembly which 2 is now at the desk. 3 ACTING PRESIDENT KUHL: Secretary 4 will read. 5 THE SECRETARY: By Senator Rath, 6 Senate Print Number 7743-A, an act to amend the 7 State Administrative Procedure Act. 8 SENATOR RATH: Mr. President, I 9 now move to reconsider the vote by which the 10 bill was passed. 11 ACTING PRESIDENT KUHL: Secretary 12 will call the roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 43. 16 SENATOR RATH: Mr. President, I 17 now offer the following amendments. 18 ACTING PRESIDENT KUHL: 19 Amendments are received and adopted. 20 SENATOR RATH: Additionally, Mr. 21 President, I wish to remove the sponsor's star 22 from my Bill Number 1064. 23 ACTING PRESIDENT KUHL: Sponsor's 5759 1 star is removed from Calendar Number 1064. 2 SENATOR RATH: Thank you. 3 ACTING PRESIDENT KUHL: Senator 4 Maltese. 5 SENATOR MALTESE: Mr. President, 6 I wish to call up Calendar Number 813, Assembly 7 Print Number 10571. 8 ACTING PRESIDENT KUHL: Secretary 9 will read. 10 THE SECRETARY: Assembly Bill 11 Number 10571, an act to amend the County Law. 12 SENATOR MALTESE: I now move to 13 reconsider the vote by which this Assembly bill 14 was substituted for my bill, Senate Print Number 15 4571-B on May 10th. 16 ACTING PRESIDENT KUHL: Secretary 17 will call the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration. ) 20 THE SECRETARY: Ayes 43. 21 SENATOR MALTESE: I now move that 22 Assembly Bill Number 10571 be committed to the 23 Committee on Rules and my Senate bill be 5760 1 restored to the order of the Third Reading 2 Calendar. 3 ACTING PRESIDENT KUHL: The 4 Assembly bill will be recommitted and the Senate 5 bill will be restored to the Third Reading 6 Calendar. 7 Senator Maltese. 8 SENATOR MALTESE: Mr. President, 9 I now offer the following amendments. 10 ACTING PRESIDENT KUHL: 11 Amendments are received and adopted. 12 Senator Cook. 13 SENATOR COOK: Mr. President, 14 would you please remove the sponsor's start from 15 Senate Print Number 7231, Calendar Number 1306. 16 ACTING PRESIDENT KUHL: Sponsor's 17 star will be removed from Calendar Number 1306. 18 Senator Johnson. 19 SENATOR JOHNSON: Mr. President, 20 I wish to call up my bill, Print Number 2802-A 21 recalled from the Assembly which is now at the 22 desk. 23 ACTING PRESIDENT KUHL: Secretary 5761 1 will read. 2 THE SECRETARY: Senate Bill 3 Number 2802-A, by Senator Johnson, an act to 4 amend the Education Law. 5 SENATOR JOHNSON: Mr. President, 6 I now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT KUHL: Secretary 9 will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 47. 13 ACTING PRESIDENT KUHL: Senator 14 Johnson. 15 SENATOR JOHNSON: Mr. President, 16 I now offer the following amendments. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. 19 Senator Johnson. 20 SENATOR JOHNSON: Mr. President, 21 on page 5, I offer the following amendments to 22 Calendar Number 285, Senate Print Number 4369-B 23 and ask that said bill retain its place on the 5762 1 Third Reading Calendar. 2 ACTING PRESIDENT KUHL: 3 Amendments are received and adopted. The bill 4 will retain its place on the Third Reading 5 Calendar. 6 Senator Johnson. 7 SENATOR JOHNSON: Mr. President, 8 on page 31, please place a sponsor's star on 9 Calendar Number 1329, Senate Print Number 10 3181-A. 11 ACTING PRESIDENT KUHL: Sponsor's 12 star will be placed on 1329. 13 Senator Spano. 14 SENATOR SPANO: On behalf of 15 Senator Bruno, I wish to call up his bill, 16 Senate Print 6727 recalled from the Assembly 17 which is now at the desk. 18 ACTING PRESIDENT KUHL: Secretary 19 will read. 20 THE SECRETARY: By Senator Bruno, 21 Senate Bill Number 6727, an act to amend the 22 Vehicle and Traffic Law. 23 ACTING PRESIDENT KUHL: Senator 5763 1 Spano. 2 SENATOR SPANO: Now move to 3 reconsider the vote by which the bill was 4 passed. 5 ACTING PRESIDENT KUHL: Secretary 6 will call the roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration.) 9 THE SECRETARY: Ayes 47. 10 SENATOR SPANO: Offer the 11 following amendments. 12 ACTING PRESIDENT KUHL: 13 Amendments are received and adopted. 14 Senator Spano. 15 SENATOR SPANO: Also on behalf of 16 Senator Bruno, I wish to call up his bill, Print 17 Number 6937, recalled from the Assembly which is 18 now at the desk. 19 ACTING PRESIDENT KUHL: Secretary 20 will read. 21 THE SECRETARY: By Senator Bruno, 22 Senate Bill Number 6937, Racing, Pari-Mutuel 23 Wagering and Breeding Law. 5764 1 SENATOR SPANO: Move to 2 reconsider the vote by which the bill was 3 passed. 4 ACTING PRESIDENT KUHL: Secretary 5 will call the roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration.) 8 THE SECRETARY: Ayes 47. 9 SENATOR SPANO: Offer the 10 following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 Senator Spano. 14 SENATOR SPANO: Mr. President, I 15 wish to call up my bill, Senate Print Number 16 5738-A recalled from the Assembly which is now 17 at the desk. 18 ACTING PRESIDENT KUHL: Secretary 19 will read. 20 THE SECRETARY: By Senator Spano, 21 Senate Bill Number 5738-A, an act to amend the 22 Vehicle and Traffic Law. 23 SENATOR SPANO: I now move to 5765 1 reconsider the vote by which the bill was 2 passed. 3 ACTING PRESIDENT KUHL: Secretary 4 will call the roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 47. 8 SENATOR SPANO: Offer the 9 following amendments. 10 ACTING PRESIDENT KUHL: 11 Amendments are received and adopted. 12 SENATOR SPANO: Thank you. 13 ACTING PRESIDENT KUHL: Senator 14 Present, we have some substitutions. Secretary 15 will read the substitutions. 16 THE SECRETARY: On page 6 of 17 today's calendar, Senator Kuhl moves to 18 discharge the Committee on Rules from Assembly 19 Bill Number 10374-A and substitute it for the 20 identical Third Reading 331. 21 On page 7, Senator Levy moves to 22 discharge the Committee on Rules from Assembly 23 Bill Number 9806-A and substitute it for the 5766 1 identical Third Reading 392. 2 On page 18, Senator Libous moves 3 to discharge the Committee on Rules from 4 Assembly Bill Number 10877-A and substitute it 5 for the identical Third Reading 853. 6 On page 24, Senator Levy moves to 7 discharge the Committee on Transportation from 8 Assembly Bill Number 9612, and substitute it for 9 the identical Third Reading 1001. 10 On page 30, Senator Paterson 11 moves to discharge the Committee on Rules from 12 Assembly Bill Number 4218-A and substitute it 13 for the identical Third Reading 1324. 14 On page 32, Senator Volker moves 15 to discharge the Committee on Rules from 16 Assembly Bill Number 9338, and substitute it for 17 the identical Third Reading 1336. 18 And on page 34, Senator Volker 19 moves to discharge the Committee on Local 20 Government from Assembly Bill Number 9057 and 21 substitute it for the identical Third Reading 22 1353. 23 ACTING PRESIDENT KUHL: 5767 1 Substitutions are ordered. 2 Senator Present, that brings us 3 to the calendar. 4 SENATOR PRESENT: Take up the 5 non-controversial calendar. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the non-controversial calendar. 8 THE SECRETARY: On page 4, 9 Calendar Number 193, by Senator Daly, Senate 10 Bill Number 1098-A, an act to amend the 11 Environmental Conservation Law. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 47. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 331, substituted earlier today, by member of the 5768 1 Assembly Doran, Assembly Bill Number 10374-A, an 2 act to amend the Public Officers Law. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 48. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 359, by Senator Wright, Senate Bill Number 6861 15 C, authorize the city of Ogdensburg School 16 District to finance the projected accumulated 17 deficit. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5769 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 485, by Senator Levy, Senate Bill Number 193-D, 7 an act to amend the Public Authorities Law and 8 the Railroad Law. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 47, nays 17 one, Senator Seward recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 538, by Senator Levy, Senate Bill Number 7431-A, 22 an act to amend the Vehicle and Traffic Law. 23 ACTING PRESIDENT KUHL: Secretary 5770 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT KUHL: The 9 bill's passed. 10 THE SECRETARY: Calendar Number 11 648, by Senator Kruger, Senate Bill Number 7102, 12 an act to amend the Penal Law. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 48. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5771 1 659, by Senator Seward, Senate Bill Number 2 7410-A, authorizing the State University of New 3 York to lease certain lands. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The 13 bill's passed. 14 THE SECRETARY: Calendar Number 15 663, by member of the Assembly Pheffer, Assembly 16 Bill Number 825-A, an act to amend the Insurance 17 Law. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5772 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT KUHL: Announce 3 the results. 4 THE SECRETARY: Ayes 44, nays 4, 5 Senators Cook, DeFrancisco, Kuhl and Seward 6 recorded in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 715, by Senator Daly, Senate Bill - 11 SENATOR GOLD: Could we have a 12 day on that, please. 13 SENATOR DALY: Lay it aside. 14 SENATOR PRESENT: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 771, by Senator Skelos, Senate Bill Number 7797 19 B, an act to amend the Real Property Tax Law. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5773 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 48. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 779, by Senator Saland, Senate Bill Number - 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 823, by Senator Stafford, Senate Bill Number 13 7023-A, authorizing the town of Waverly, county 14 of Franklin to discontinue the use and transfer 15 certain park lands. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 48. 5774 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 850, by Senator Libous, Senate Bill Number 7034 5 A, an act to amend the Mental Hygiene Law. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 48. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 898, by Senator Rath, Senate Bill Number 7999-A, 18 State Administrative Procedure Act. 19 SENATOR GOLD: Lay aside, 20 please. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 5775 1 1010, by Senator Levy. 2 SENATOR PRESENT: Lay it aside 3 for the day. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside for the day. 6 THE SECRETARY: Calendar Number 7 1067, by Senator LaValle, Senate Bill Number 8 8063-A, an act to amend the Education Law. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 48. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1095, by Senator Skelos, Senate Bill Number 21 6699, an act to amend the General Municipal Law, 22 in relation to bingo. 23 ACTING PRESIDENT KUHL: Secretary 5776 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 45, nays 8 three, Senators Cook, Seward and Tully recorded 9 in the negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Also Senators 13 LaValle and Padavan recorded in the negative; 14 also Senator Gold in the negative. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1165, by Senator Trunzo, Senate Bill Number 19 3463-B, an act to amend the Real Property Tax 20 Law. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 5777 1 act shall take effect immediately. 2 SENATOR PRESENT: Lay aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1191, by Senator Cook. 7 SENATOR STAVISKY: Lay aside, 8 please. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1210, by Senator Holland, Senate Bill Number 13 1012-G, an act to amend the Agriculture and 14 Markets Law. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 48. 23 ACTING PRESIDENT KUHL: The bill 5778 1 is passed. 2 THE SECRETARY: Calendar Number - 3 ACTING PRESIDENT KUHL: Senator 4 Farley. 5 SENATOR FARLEY: Could I be 6 recorded in the negative on 663. 7 ACTING PRESIDENT KUHL: Without 8 objection, Senator Farley will be recorded in 9 the negative on Calendar Number 663. Secretary 10 will continue to call the non-controversial 11 calendar. 12 THE SECRETARY: Calendar Number 13 1261, by Senator Larkin. 14 SENATOR PRESENT: Lay that aside 15 for the day, please. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside for the day. 18 THE SECRETARY: Calendar Number 19 1287, by Senator Rath. 20 SENATOR PRESENT: Lay it aside 21 temporarily. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside temporarily. 5779 1 THE SECRETARY: Calendar Number 2 1290, by Senator Stafford. 3 SENATOR STAFFORD: Lay that aside 4 for the day. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside for the day. 7 THE SECRETARY: Calendar Number 8 1315, by Senator Tully. 9 SENATOR PRESENT: Lay it aside 10 for the day, please. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside for the day. 13 THE SECRETARY: Calendar Number 14 1317, by the Senate Committee on Rules, Senate 15 Bill Number 8528, an act to amend the General 16 Municipal Law. 17 ACTING PRESIDENT KUHL: There's a 18 home rule message at the desk. Secretary will 19 read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5780 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 49, nays 3 one, Senator Leichter recorded in the negative. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1323, by the Senate Committee on Rules, Senate 8 Bill Number - 9 SENATOR PRESENT: Lay aside 10 temporarily. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside temporarily. Lay the bill aside 13 temporarily. 14 THE SECRETARY: Calendar Number 15 1324, substituted earlier today, by member of 16 the Assembly Wright, Assembly Bill Number 4218 17 A, city of New York to reconvey certain real 18 property in the borough of Manhattan. 19 ACTING PRESIDENT KUHL: There's a 20 home rule message at the desk. Secretary will 21 read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5781 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 51. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1326, by Senator Cook. 9 SENATOR GOLD: Could we have a 10 day on that? 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside for the day. 13 THE SECRETARY: Calendar Number 14 1327, by Senator LaValle, Senate Bill Number 15 2486, an act to amend the General Municipal Law. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 51. 5782 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1328, by Senator Mendez, Senate Bill Number 5 2579-B, to permit Robin L. Liberman to revoke a 6 previous election of death benefit coverage. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 ACTING PRESIDENT KUHL: Announce 15 the results. 16 THE SECRETARY: Ayes 48, nays 3, 17 Senators Dollinger, Gold and Leichter recorded 18 in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1330, by Senator Seward, Senate Bill Number 23 4262-A, an act to amend the Tax Law and the 5783 1 Public Service Law. 2 SENATOR GOLD: Can we have one 3 day on that, please? One day. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside for the day. 6 THE SECRETARY: Calendar Number 7 1331, by Senator Skelos, Senate Bill Number 8 5322-B, an act to amend Chapter 879 of the Laws 9 of 1936. 10 ACTING PRESIDENT KUHL: There's a 11 home rule message at the desk. Secretary will 12 read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 51. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1332, by Senator Volker, Senate Bill Number 23 5396-A, an act to amend the Retirement and 5784 1 Social Security Law. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section - 5 SENATOR LEICHTER: Will you hold 6 on a minute? Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1335, by Senator Tully. 11 SENATOR PRESENT: Lay it aside 12 for the day, please. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1336, substituted earlier today, by member of 17 the Assembly Johnson, Assembly Bill Number 9338, 18 an act to amend Chapter 644 of the Laws of 19 1993. 20 ACTING PRESIDENT KUHL: There's a 21 home rule message at the desk. Secretary will 22 read the last section. 23 THE SECRETARY: Section 2. This 5785 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 50, nays 6 one, Senator Leichter recorded in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1339, by Senator Spano, Senate Bill Number 7512, 11 an act to amend the Labor Law. 12 ACTING PRESIDENT KUHL: Secretary 13 will read - 14 SENATOR GOLD: Lay it aside, 15 please. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 1340, by Senator Larkin, Senate Bill Number 20 7634, an act to amend Chapter 545 of the Laws of 21 1938. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 5786 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 51. 7 ACTING PRESIDENT KUHL: The 8 bill's passed. 9 THE SECRETARY: Calendar Number 10 1341, by Senator Spano, Senate Bill Number 8088, 11 an act to amend Chapter 78 of the Laws of 1989. 12 SENATOR PRESENT: Lay it aside 13 for the day, please. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 1342, by Senator Seward, Senate Bill Number 18 8227, an act to amend the Public Authorities 19 Law. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5787 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 51. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1343, by Senator Rath, Senate Bill Number 8254, 9 an act to amend the General Municipal Law. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 51. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1344, by Senator Saland, Senate Bill Number 22 8440, an act to amend the Family Court Act. 23 SENATOR GOLD: Lay aside, please. 5788 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1346, by Senator Bruno, Senate Bill Number 8573 5 A, authorizing the town of Clifton Park, 6 Saratoga County, to lease certain park lands. 7 SENATOR PRESENT: Lay it aside 8 for the day. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 1347, by Senator Lack, Senate Bill Number 13 8582-A, an act to amend the General Obligations 14 Law. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 51. 23 ACTING PRESIDENT KUHL: The bill 5789 1 is passed. 2 THE SECRETARY: Calendar Number 3 1348, by Senator Spano, Senate Bill Number 8590, 4 authorizing the city of Yonkers to discontinue 5 as a park land certain lands. 6 ACTING PRESIDENT KUHL: There's a 7 home rule message at the desk. Secretary will 8 read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 51. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1349, by Senator Padavan, Senate Bill - 19 SENATOR PRESENT: Lay aside for 20 the day. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 5790 1 1350, by Senator DeFrancisco, Senate Bill Number 2 8619, an act to amend the Vehicle and Traffic 3 Law. 4 ACTING PRESIDENT KUHL: There's a 5 home rule message at the desk. Secretary will 6 read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 51. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1351, by Senator Stafford. 17 SENATOR GOLD: Can we have one 18 day on that, please? 19 SENATOR STAFFORD: Please, lay 20 the bill aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 5791 1 1352, by the Senate Committee on Rules, Senate 2 Bill Number 8682, an act to amend the Retirement 3 and Social Security Law. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 51. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1353, substituted earlier today, by member of 16 the Assembly Pordum, Assembly Bill Number 9057, 17 an act to amend the General Municipal Law. 18 ACTING PRESIDENT KUHL: There's a 19 home rule message at the desk. Secretary will 20 read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 5792 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 51. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: On Calendar 7 Number 1353, Senator Leichter is recorded in the 8 negative. Ayes 50, nays one. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Present, that completes 12 the non-controversial calendar. What's your 13 pleasure, sir? 14 SENATOR PRESENT: Let's take up 15 the controversial calendar, please. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the controversial calendar. 18 THE SECRETARY: On page 15, 19 Calendar Number 715, by Senator Daly. 20 SENATOR GOLD: Can we have a day 21 on that, please? 22 SENATOR DALY: Lay the bill aside 23 for the day. 5793 1 ACTING PRESIDENT KUHL: Lay the 2 aside for the day. 3 THE SECRETARY: On page 21, 4 Calendar Number 898, by Senator Rath, Senate 5 Bill Number 7999-A, State Administrative 6 Procedure Act. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Gold. 10 SENATOR GOLD: Would the 11 distinguished Senator yield for a question? 12 ACTING PRESIDENT KUHL: Senator 13 Rath, do you yield to Senator Gold? 14 SENATOR RATH: Certainly. 15 SENATOR GOLD: Yeah, Senator. 16 I'd just like to know what the amendment is in 17 the "A" print, please. 18 SENATOR RATH: What the what is? 19 SENATOR GOLD: I'd like to know 20 what the amendment is in the "A" print, please. 21 SENATOR RATH: O.K. What happened 22 when it went over to the Assembly for discussion 23 -- and by the way they passed it with the 5794 1 changed language. The original had the word 2 "reason" in it, the reason that the proposed 3 rule-making, proposed reason of rule was not 4 anticipated. 5 We've taken the word "reason" out 6 of it because it's a very subjective kind of 7 thing and could have been challenged and we've 8 just made it that the notice of proposed rule 9 making, that rule was not under consideration at 10 the time the regulatory agenda was submitted for 11 publication, very objective now rather than 12 subjective. 13 SENATOR GOLD: Thank you. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 SENATOR LEICHTER: I have a 17 question. 18 ACTING PRESIDENT KUHL: Senator 19 Leichter. 20 SENATOR LEICHTER: I just wanted 21 to ask Senator Rath a question if she would be 22 kind enough to yield. 23 ACTING PRESIDENT KUHL: Senator 5795 1 Rath, would you be kind enough to yield? Senator 2 yields. 3 SENATOR LEICHTER: Senator, my 4 notes indicate that this bill was passed last 5 year, was vetoed by the Governor; is that 6 correct? 7 SENATOR RATH: I understand 8 that's right, Senator. 9 SENATOR LEICHTER: Now, the 10 amendments that you were just explaining or 11 possibly some other amendment to the bill, does 12 that meet the objection that the Governor had? 13 SENATOR RATH: Senator, I would 14 have to check with counsel. One moment. 15 SENATOR LEICHTER: Sure. 16 SENATOR RATH: Thank you for the 17 delay. Yes, we have worked with the Governor's 18 people on this as we changed the bill from last 19 year's draft. This latest amendment was at the 20 request of the Assembly, our -- in the negotia 21 tion with the Assembly staff and with my staff 22 from the ARRC. 23 ACTING PRESIDENT KUHL: Senator 5796 1 Leichter. 2 SENATOR LEICHTER: Senator, I 3 don't have the Governor's veto message. I have 4 a note here, I don't know if this is accurate, 5 that says that the Governor vetoed the bill 6 because, in his view, existing requirements for 7 regulatory impact and regulatory flexibility 8 make the bill unnecessary. 9 Now, if that's a correct 10 statement of the Governor's reason, it wouldn't 11 seem that the amendments that you've made to the 12 bill meet the Governor's objections. 13 SENATOR RATH: Well, I can -- you 14 don't see that the amendments meet the Govern 15 or's objection, Senator, is that correct? 16 SENATOR LEICHTER: As -- the note 17 that I have. I don't have the veto message 18 there, but it would seem that the reasons that 19 he vetoed the bill last year are not met by the 20 amendments that you describe to us and those 21 amendments you told us had been worked out with 22 the Assembly. Apparently it was not worked out 23 with the Governor's Counsel. 5797 1 SENATOR RATH: I believe, 2 Senator, that we have a difference possibly in 3 philosophy here. The bill is requiring rather 4 than permitting the Departments of Health, 5 Education, Insurance and EnCon and Social 6 Services to submit for publication to the State 7 Register regulatory agendas forced upon us. 8 I think there may be a difference 9 in the way the administration would feel about a 10 requirement rather than a permission to submit 11 regulatory agendas. Here we're saying that they 12 must submit regulatory agendas, so I think we 13 have a philosophical difference here with the 14 administration, but the Assembly agrees with us 15 that they should be required. 16 SENATOR LEICHTER: Yeah, Senator 17 Rath. Let me say, I have -- I have no problem 18 in where we disagree with the Governor's view in 19 passing a bill. The one thing that sort of 20 surprises me, and I raised this last week with 21 Senator Holland, he had a bill that had been 22 vetoed by the Governor and he submitted the very 23 same bill for our consideration, and it seemed 5798 1 to me that if we have this disagreement with the 2 Governor, and we feel that we're right, then 3 maybe the appropriate thing to do is to move to 4 override the veto rather than sending him a bill 5 which he'll veto, which will come back which 6 then you will resubmit. Doesn't seem that we 7 ever get any resolution then. 8 SENATOR RATH: Well, this is a 9 substantially different bill. I was again 10 advised by our staff who were here as this went 11 through last year, that substantially this is 12 different, and I recall last week we had one 13 that was not substantially different, but this 14 one is a different circumstance. This one is 15 substantially different. 16 SENATOR LEICHTER: Thank you, 17 Senator. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 1st day of November 22 next succeeding the date on which it shall have 23 become law. 5799 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 51. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1165, by Senator Trunzo, Senate Bill Number 9 3463-B, an act to amend the Real Property Tax 10 Law. 11 SENATOR GOLD: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 Trunzo, an explanation has been asked for by 14 Senator Gold on Calendar Number 1165. 15 SENATOR TRUNZO: Senator Gold, 16 this is bill to grant counties and other 17 localities an ability to develop and implement a 18 tax abatement program which targets strategic 19 industries. It's an option, you know, a local 20 option program, to provide localities the 21 flexibility, the authority needed to target 22 these heavy tax abatements to key industries 23 within their areas. 5800 1 SENATOR LEICHTER: Yes, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter. 5 SENATOR LEICHTER: Would Senator 6 Trunzo yield, please? 7 ACTING PRESIDENT KUHL: Senator 8 Trunzo, do you yield to Senator Leichter? 9 SENATOR TRUNZO: Yes. 10 ACTING PRESIDENT KUHL: Senator 11 Trunzo yields. 12 SENATOR LEICHTER: Senator, what 13 are the standards under which you determine that 14 the ICIB that you're establishing for Suffolk 15 County will have the authority to grant tax 16 exemptions? 17 SENATOR TRUNZO: Well, under 380 18 -- Section 385(b) -- 385(b) of the Real Proper 19 ty Law, there is a tax exemption, but it covers 20 everybody; in other words the town, by local 21 option, would cover every individual or heavy 22 industry with a tax abatement. 23 This section of law we're 5801 1 creating now would permit a particular community 2 to -- you know, to set up with a board that's 3 being set up at all levels of government to take 4 -- partake in the decision-making of what 5 industries should receive some preferential 6 treatment in tax abatements such as in Suffolk 7 County where a lot of technical industries are 8 moving out there, maybe some incentive for them 9 to come if they can get some tax abatements. 10 SENATOR LEICHTER: Yes, Senator, 11 if you would be good enough to continue to 12 yield. 13 ACTING PRESIDENT KUHL: Senator, 14 you continue to yield? 15 SENATOR TRUNZO: Yeah. 16 ACTING PRESIDENT KUHL: Senator 17 Trunzo continues to yield. 18 SENATOR LEICHTER: If I under 19 stand what you're saying, there is presently 20 authority for ICIB tax exemption, is that 21 correct? 22 SENATOR TREUNZO: There is 23 authority for tax exemptions right now under 485 5802 1 (b) of the Real Property Tax Law. 2 SENATOR LEICHTER: Right, and 3 could you explain again how your bill modifies 4 or alters the grant of that tax exemption? 5 SENATOR TRUNZO: What happens 6 right now under that particular section of law, 7 a town board can elect to go in and give tax 8 exemptions, you know, starting with 50 percent, 9 40, 30, working for a period or number, I 10 believe of ten years of tax exemption to all 11 industry within that particular community and 12 the town can opt in or opt out of that 13 particular section. If they feel, you know, 14 which I know many towns feel that they can't 15 afford to do this any longer, have stopped 16 giving that exemption. 17 Now, under this particular 18 legislation, the strategic industries, we are 19 creating a board within the county that includes 20 the cities, the towns, the villages, the school 21 districts and all involved who will make general 22 decisions as to what type of industry, not all 23 industry, but what type of industry should get 5803 1 an exemption. 2 SENATOR LEICHTER: So am I 3 correct, as I understand it, that your bill then 4 sets up this board which will have the right and 5 the power to limit the grant of the ICIB 6 exemption to particular industries or industries 7 that create certain number of jobs? 8 SENATOR TRUNZO: That's right. 9 SENATOR LEICHTER: And am I also 10 correct there's no standards in your bill as to 11 how they exercise this? 12 SENATOR TRUNZO: No, there are no 13 standards. This would be a determination by the 14 representatives of all levels of government 15 within that county - 16 SENATOR LEICHTER: But they have 17 to - 18 SENATOR TRUNZO: -- to make the 19 decision. 20 SENATOR LEICHTER: They have the 21 right to limit or modify the grant now which you 22 say is all-encompassing. 23 SENATOR TRUNZO: Would be all 5804 1 encompassing, right. 2 SENATOR LEICHTER: And I'm not 3 sure what I would like to see as the answer to 4 this question, but do you think it would be wise 5 for the Legislature to try to set some 6 parameters, some criteria, some standards as 7 to - 8 SENATOR TRUNZO: You've got 9 different towns - 10 SENATOR LEICHTER: What we think 11 makes - 12 SENATOR TRUNZO: -- different 13 sections of the state; it's a statewide bill. 14 It's not only a Suffolk County bill and you find 15 different industries in different parts of the 16 state that may be, you know, the main industry 17 in that area that they would want to continue 18 attracting and, therefore, those municipalities 19 can make the decision as to who they should give 20 the tax abatement to, to try to encourage the 21 retention of that particular industry in that 22 area. 23 SENATOR LEICHTER: I tend to 5805 1 agree with you. I think it makes sense. 2 SENATOR TRUNZO: Last section. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 1st day of January 7 next succeeding the date on which it shall have 8 become a law. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 52. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1191, by Senator Cook, Senate Bill Number 2549 17 A, an act to amend the Education Law. 18 SENATOR STAVISKY: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Cook, an explanation has been asked for on 21 Calendar Number 1191 by Senator Stavisky. 22 SENATOR COOK: Mr. President, in 23 a word, that bill conforms the process by which 5806 1 small cities would adopt budgets to be the same 2 as the process that's currently utilized by 3 central school districts. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Stavisky. 6 SENATOR STAVISKY: Would the 7 sponsor yield for one or two questions? 8 SENATOR COOK: Yes. 9 ACTING PRESIDENT KUHL: Senator 10 Cook, do you yield? 11 SENATOR COOK: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 Cook yields. Senator Stavisky. 14 SENATOR STAVISKY: Is it true 15 that NYSUT, representing many of the teachers 16 employed in these small city school districts 17 has filed a memo in opposition? 18 SENATOR COOK: Yes, it is, 19 Senator. 20 SENATOR STAVISKY: Is it true 21 that the Association of Small City School 22 Districts, the employers has also filed a memo 23 in opposition? 5807 1 SENATOR COOK: Yes, it is, 2 Senator. 3 SENATOR STAVISKY: I'm not sure 4 about the next question, but has the New York 5 State School Boards Association also opposed 6 this bill? 7 SENATOR COOK: I don't have a 8 filing, but it's our understanding they oppose 9 it. 10 SENATOR STAVISKY: They oppose 11 it, but I've not seen the memo. 12 Thank you very much, Senator. 13 ACTING PRESIDENT KUHL: Senator 14 Stavisky, on the bill. 15 SENATOR STAVISKY: The sponsor, 16 unintentionally I believe, has managed to unite 17 the employer, and the employees in opposition to 18 this legislation. That means that the school 19 boards in the small city school districts and 20 the teachers in the small city school districts 21 think this is a bad idea. 22 Under those circumstances, there 23 should be some signals to sponsors of 5808 1 legislation that perhaps there are enough 2 unanswered questions that have generated the 3 opposition of very responsible organizations. 4 It's not often that we find that the school 5 boards as employers and the employee 6 organizations, the teachers' union are in 7 agreement, and I think under the circumstances 8 we in the Legislature should be very careful not 9 to move for the adoption of this bill. 10 What you have here is a confusion 11 between the things that the voters will be able 12 to vote on and the things they will not be able 13 to vote on. Throughout the state of New York, 14 there's a lot of unhappiness with wasteful 15 expenditures or questionable expenditures, by 16 all types of governments, not just school 17 districts. Towns, cities, villages, counties, 18 are all -- and the state of New York are all 19 subject to the adoption of policies which the 20 voters are not happy with. 21 If I may quote an organization 22 called CHANGE New York, that's what CHANGE New 23 York was trying to change, and it's not that I 5809 1 embrace their philosophy, I'm simply saying that 2 they have touched upon a raw nerve. But do we 3 give to the voters throughout the state of New 4 York the opportunity to comment on appropria 5 tions by the state, by the counties, by the 6 towns, by the villages and other units of local 7 government? Absolutely not. 8 The school districts themselves 9 stand out there as lightning rods to voter 10 dissatisfaction with taxes and expenditures 11 inflicted upon school budgets, and I think that 12 that's unfair, very much unfair in terms of 13 public dissatisfaction with things that are done 14 by government where the only retaliation can be 15 against the school districts. Children do not 16 vote. Therefore, there is an obligation on the 17 part of the Legislature to live up to the 18 provisions of Article XI, Section 1, of the New 19 York State Constitution that we shall provide 20 for a system of free common schools and the 21 funding for such schools wherein all of the 22 children of the state maybe educated; and that 23 doesn't mean that all of the children are 5810 1 educated in public institutions, but we should 2 not set up a vulnerability, an unintentional 3 vulnerability for the school funding when no 4 other policies of government are subject to 5 voter approval or disapproval. 6 So what happens? There's a 7 movement to stop unnecessary funding. Bang! 8 The only place where you can express your 9 opposition is in the school vote, and I think 10 given that circumstance, that this is a terribly 11 unfair piece of legislation. It's also unfair 12 because there is not a clear distinction between 13 what is permitted after the defeat of a school 14 budget and what is not permitted after the 15 defeat of a school budget, and the idea of the 16 austerity budget should be clarified. 17 Right now, even if this were 18 approved, many parts of the school budget are 19 still in limbo. Yes, they can knock out certain 20 expenditures. Yes, they can knock out certain 21 things that they don't like in the budget. But 22 did you note that the basic educational program 23 can't be knocked out? Did you know also that 5811 1 only discretionary transportation and libraries 2 and the extracurricular activities, including 3 the sports programs which keep many kids 4 interested in the school, interested in 5 attending classes so they can participate in the 6 athletic programs, that will fall victim to this 7 kind of legislation? 8 I think that, under the circum 9 stances, many of the programs for remediation, 10 some of the needy programs and others will also 11 fall victim to this kind of legislation. Let us 12 decide what should be funded. Let us provide 13 adequate funding at the state level. Let us 14 encourage those cities, small cities, the 15 so-called "Hurd decision" cities, to be able to 16 support at their end with local funding in a 17 fair way the kinds of educational programs that 18 need to be funded. 19 I live in a large city. 20 Nevertheless I do not wish to see any school 21 child vulnerable because there has been an 22 unfair repudiation of the school budget that is 23 not extended to any other appropriation of 5812 1 government and, under the circumstances, I urge 2 you to follow the advice of the New York State 3 School Boards Association, the New York State 4 Association of Small City School Districts and 5 NYSUT representing many of the teachers in these 6 school districts. Follow their advice and vote 7 "No" on this bill. 8 SENATOR COOK: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Cook. 11 SENATOR COOK: Mr. President, I 12 thought it was kind of interesting that Senator 13 Stavisky mentioned the employees and the 14 employers. The one group he didn't mention was 15 -- and didn't ask me, and that's the people who 16 pay the bill, who are the taxpayers. 17 Senator Stavisky certainly 18 remembers as well as anyone, probably better 19 than anyone in this chamber, when the 20 constitutional tax limit on small cities was 21 removed. That was done, I forgot how many years 22 ago now. That was done by a Constitutional 23 Amendment, and it was done at the time when a 5813 1 commitment was made to the people in those 2 districts that, if we removed the constitutional 3 tax limit which was their protection at the time 4 against excessive taxation, that we would 5 substitute for it the vote on school budgets 6 which is what all the other school districts in 7 the state have and that is the reason Senator 8 Donovan, before me, and I have persisted in 9 trying to get this bill passed year after year. 10 I think it is a commitment that 11 we made to the residents of small city school 12 districts all those years ago, and I won't even 13 argue whether it's a good idea or a bad idea, 14 but it was a commitment on the part of the 15 leadership of this state at the time and, for 16 that reason, if for no other reason, it ought to 17 be passed. 18 SENATOR STAVISKY: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Stavisky. 21 SENATOR STAVISKY: Would you 22 yield for just one more question? 23 ACTING PRESIDENT KUHL: Senator 5814 1 Cook, do you yield? 2 SENATOR COOK: Yes. 3 SENATOR STAVISKY: Are these 4 taxpayers for whom you speak the taxpayers who 5 finance local expenditures for education, are 6 they the same taxpayers who also pay taxes for 7 county government, city government, town and 8 village government and state government as well 9 as the federal government? 10 SENATOR COOK: Senator, they are, 11 but indeed they are also the only taxpayers that 12 indeed is the only entity of government that 13 does not have a constitutional tax limit. The 14 school districts are the only entity of 15 government that does not have a constitutional 16 tax limit. That's why they have votes on the 17 budgets because that is a quid pro quo for not 18 having a constitutional tax limit. 19 These people, the folks who live 20 in small city school districts, are the only 21 people who have neither the constitutional tax 22 limit nor the vote. 23 SENATOR STAVISKY: It seems to me 5815 1 that it's just ludicrous - 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator Stavisky. 4 SENATOR STAVISKY: -- that we 5 should not be concerned with waste and 6 inefficiency in any level of government whether 7 under Republican or Democratic jurisdiction or 8 non-partisan jurisdiction, because waste is 9 waste and unnecessary taxes are unnecessary 10 taxes, and until we give to the voters, the 11 ability to knock out wasteful expenditures by 12 any level of government, and to zero in on these 13 expenditures, to be able to judge what the 14 officials, the local officials of the towns and 15 villages and counties in the state and the 16 federal government have done, I think this beats 17 up on children and they're the ones who suffer 18 and they're the ones who can't vote and they're 19 the ones who do have to be protected, and I 20 think for these reasons and the others that I've 21 stated, this is not the best way to go and we 22 should be prepared to follow the advice of the 23 employers and the employees and responsible 5816 1 advocates for education by voting "no". 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on this bill? 4 Senator Stachowski. 5 SENATOR STACHOWSKI: Mr. 6 President, on this bill, I have memos from the 7 city, the small city I represent, Lackawanna, in 8 opposition to this as well as the memos that 9 Senator Stavisky mentioned, and my problem is 10 that I don't know any school districts where 11 their budgets are constantly defeated or not 12 whose local school taxes go down, and in the 13 case of these small cities, the only thing I see 14 happening by having a separate school board 15 budget vote is that their taxes are going to go 16 up eventually and in most of these small cities 17 and in the one I represent in particular, the 18 businesses that are located there want anything 19 but to have school taxes go up and, in their 20 case, most of the business people that have the 21 businesses there do not live there, so they 22 won't even be voting on these school budgets. 23 The school budgets will be increasing, and these 5817 1 businesses will be taxed to the point that 2 they'll be leaving this city that has all kinds 3 of financial difficulties anyway, mainly because 4 of the departure of Bethlehem Steel's presence 5 and here's a city that's barely surviving, a 6 school district that is in immense turmoil and, 7 although I'd love to see the people have the 8 opportunity to vote, at this point in time, I 9 just can't support this and, for that reason, 10 I'm rising to speak against it and to vote 11 against it. 12 Thank you. 13 ACTING PRESIDENT KUHL: Senator 14 Jones. 15 SENATOR JONES: Yes. On the 16 bill. 17 ACTING PRESIDENT KUHL: Senator 18 Jones, on the bill. 19 SENATOR JONES: I voted for the 20 bill last year, and I will vote for it this 21 year, but only because I do believe that voters 22 should have every opportunity for input, but I 23 have to warn, maybe the word I want to say our 5818 1 colleagues and actually say, you well know we 2 are not giving them a gift. We are giving them 3 something that they have less than ten percent 4 control of, and I live in -- happen to be in a 5 district that has both sides of this fence. 6 I live in a -- I have many 7 suburban school districts, one of whom this year 8 put up an eight percent tax increase that was 9 resoundingly voted down only to return with a 10 contingency budget that was 8.3. Now, what does 11 that say to voters? It really doesn't say much, 12 what we've given them in the line of voting and 13 then I have on the other hand the big city that 14 you end up with a war between your government 15 entity and your school district, one who's 16 taxing, the other who is setting the budget. 17 So I will support it only 18 because, you know, I do believe in everyone 19 having an opportunity to vote, but I think we're 20 just passing the buck. I think we also have an 21 additional obligation to start looking at a 22 contingency budget and looking at the whole 23 issue of funding schools and not just be passing 5819 1 it on to a school district that takes the flack 2 from everybody for what's happening here. 3 So you know, I have every 4 confidence. I know Senator Cook has been 5 looking for -- at lots of areas in education 6 where we can fix this problem, so I have 7 confidence he will continue to do that, but I 8 think we need to keep that in mind. We really 9 are not giving any gift to a taxpayer who really 10 has say in less than ten percent of what they're 11 voting on. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Mr. 15 President, I concur with the comments that 16 Senator Jones expresses with respect to change 17 in the -- in the way we handle austerity budget 18 and budget votes. 19 I rise simply to speak in favor 20 of this. I represent, I believe, the eighth 21 largest school district in New York State in the 22 town of Greece, a school district with none - 23 which nonetheless has to put its budgets up for 5820 1 a vote and, last year in 1993, drew almost 2 18,000 people out for a school board election, 3 and it seems to me that the -- if we were making 4 a determination that had to do with size, there 5 might be some way to justify an exclusion for 6 big entities that require extensive votes. 7 But we're not doing that. What 8 we -- what this bill tends to do is to extend to 9 small cities the same requirement that applies 10 to suburban school districts like the one I 11 represent. 12 I will be voting in favor of this 13 because of the consistency that this bill 14 creates. 15 SENATOR GOLD: Last section. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 18. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 ACTING PRESIDENT KUHL: Announce 5821 1 the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1191 are 4 Senators Connor, Espada, Gold, Kruger, Leichter, 5 Markowitz, Mendez, Onorato, Paterson, Smith, 6 Solomon, Stachowski and Stavisky. Ayes 40, nays 7 13. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1287, by Senator Rath, Senate Bill Number 8605. 12 SENATOR PRESENT: Lay aside 13 temporarily. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside temporarily. 16 THE SECRETARY: Calendar Number 17 1290, by Senator Stafford, Senate Bill Number 18 443, Environmental Conservation Law. 19 SENATOR GOLD: Explanation. 20 SENATOR PADAVAN: Lay it aside 21 for the day. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day. 5822 1 THE SECRETARY: Calendar Number 2 1323, by the Senate Committee on Rules, Senate 3 Bill Number 86.... 4 SENATOR PADAVAN: Lay it aside 5 for the day. 6 ACTING PRESIDENT KUHL: Lay aside 7 for the day. 8 THE SECRETARY: Calendar Number 9 1332, by Senator Volker, Senate Bill Number 10 5396-A, an act to amend the Retirement and 11 Social Security Law. 12 SENATOR LEICHTER: Explanation. 13 SENATOR MALTESE: Mr. President, 14 this bill really should be called an attempt at 15 equalizing benefits for members of the State 16 Police. It's at the request of the State Police 17 officers. 18 What this act calls for is the 19 inclusion of 30 days of unused accumulated 20 vacation pay in the final average salary for the 21 purposes of retirement benefits. This bill 22 would liberalize the final average salary 23 calculations for those tier -- all Tier II State 5823 1 Police officers hired after April 1st, 1972 and 2 all Tier II State Police officers. 3 The average cost, the -- I'm 4 sorry. It would entail a one-time service cost 5 of $12 million which would be borne by the state 6 of New York as a one-time payment and would be 7 an increase in the annual contributions of the 8 state of New York of approximately eight-tenths 9 of one percent of the annual salary of Tier II 10 police officers. 11 Tier II members -- Tier II 12 members have, in essence, a cap on the computa 13 tion of final average salaries. These same Tier 14 II police officers are treated very differently 15 than Tier I officers and, in addition, are 16 treated very differently than local police 17 officers. For example, local police officers 18 have the option to convert to a one-year final 19 average salary. 20 In addition, the local officers 21 generally have a higher mandatory retirement 22 age, have a greater amount of eligible maximum 23 termination pay days and overall are treated 5824 1 much better as far as retirement is concerned by 2 the pension plan. 3 So, in essence, what we're trying 4 to do is equalize the benefits of the Tier II 5 police officers and bring them more into line 6 with the benefits already received by Tier I 7 State Police officers. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Leichter. 10 SENATOR LEICHTER: Yeah. Senator 11 Maltese, I notice that in the -- if you will be 12 good enough to yield, please. 13 ACTING PRESIDENT KUHL: Senator 14 yields. 15 SENATOR LEICHTER: And I 16 appreciate your carrying the cudgels for Senator 17 Volker. I'm -- I miss, I know as everybody 18 does, his being here and arguing for his bills, 19 but I know that you do it very effectively. 20 But I am concerned as I look at 21 the fiscal note attached to the bill that 22 there's going to be a one-time contribution of 23 $12 million. That's the -- that's just for the 5825 1 back obligations. Then in addition, of course, 2 there's going to be a continuing cost to the 3 pension system, is that correct? 4 SENATOR MALTESE: That's 5 correct. The continuing cost after the $12 6 million payment, as I indicated, would be .8 - 7 eight-tenths of one percent per year, the 8 continuing cost of the change. It would be the 9 difference between the retirement they receive 10 now and the retirement they would receive adding 11 in the accumulated 30 days of unused vacation 12 pay. 13 SENATOR LEICHTER: Senator, where 14 are we going to find the $12 million for that 15 one lump sum payment? 16 SENATOR MALTESE: I'm advised 17 that some of the $12 million is, in fact, 18 included in the budget. How much? It's going 19 to roll into two fiscal years, so apparently 20 there is -- there is or there has been some 21 steps taken so that the present budget and 22 hopefully next year's budget would cover the $12 23 million expenditure. 5826 1 SENATOR LEICHTER: Senator, was 2 that $6 million put in the -- what, the state 3 appropriations? 4 SENATOR MALTESE: Mr. President, 5 I'm advised that because the -- these 6 expenditures would not be made until these 7 members of the State Police force applied for 8 retirement the majority of this expenditure 9 would not be made except in future years and 10 that apparently they're figuring out that it 11 would be four and eight, $4 million in the 12 coming year and $8 million in the year 13 thereafter. 14 SENATOR LEICHTER: And Senator, 15 did I understand you correctly that we have put 16 money in the budget for that specific payment? 17 SENATOR MALTESE: Is that so? 18 That's what we're advised. 19 SENATOR LEICHTER: Senator, I 20 accept what you say. I'm surprised because that 21 wasn't my belief, but - 22 ACTING PRESIDENT KUHL: Senator 23 Maltese, do you continue to yield? 5827 1 SENATOR MALTESE: Yes. 2 ACTING PRESIDENT KUHL: Senator 3 yields. 4 SENATOR LEICHTER: Let me turn to 5 what, as I understand, the rationale for this 6 bill. There's the difference between what 7 presently exists between Tier I and Tier II as 8 it affects the State Police, is that correct? 9 SENATOR MALTESE: That's 10 correct. 11 SENATOR LEICHTER: Would you be 12 in favor of wiping out all the distinctions 13 between Tier I and Tier II? 14 SENATOR MALTESE: Yes, I -- Mr. 15 President, I don't know how Senator Volker would 16 feel, but I would be in favor of wiping out the 17 distinction as it affects members of the State 18 Police and local police. 19 SENATOR LEICHTER: Senator, can I 20 try to understand your rationale, why you want 21 to wipe out that distinction only for the State 22 Police? There are other employees of the state, 23 in fact, they sit right here. Some are Tier I, 5828 1 some are Tier II, some are Tier III. Would you 2 be in favor of wiping out those distinctions? 3 SENATOR MALTESE: Mr. President, 4 those distinctions have built up over a long 5 period of time. Because I have a personal 6 interest, I'd rather not comment on our -- our 7 benefits, but as to members of the State Police 8 and as to members of local police forces, I feel 9 that they are entitled to the extra recompense, 10 they are entitled to the extra benefits and, if 11 they serve the minimum amount of years, 20 12 years, and if they have reached the permitted 13 age of retirement, 55 I believe, then -- or a 14 combination thereof, then I believe they should 15 receive the same benefits. 16 SENATOR LEICHTER: Senator, I'm 17 still having a difficulty in understanding why 18 you distinguish between State Police and local 19 police and other employees of the state. 20 SENATOR MALTESE: Mr. President, 21 that's the very point I'm making. 22 ACTING PRESIDENT KUHL: Senator 23 Maltese. Senator Leichter, are you asking him 5829 1 to yield to a question? 2 SENATOR LEICHTER: Yes, if you 3 would, please. 4 ACTING PRESIDENT KUHL: Senator 5 Maltese, will you yield to a question? 6 SENATOR MALTESE: Mr. President, 7 that's the very point I'm making. My question 8 to Senator Leichter should be why do you 9 distinguish between members of the local police 10 and members of the State Police who are in Tier 11 II? 12 At the present time, there is a 13 great distinction, and these State Police 14 covered under Tier II are treated differently 15 and are treated and are, in fact, discriminated 16 against by receiving far less benefits. 17 SENATOR LEICHTER: If Senator 18 Maltese will continue to yield. 19 ACTING PRESIDENT KUHL: Senator 20 Maltese, do you continue to yield. Senator 21 continues to yield. 22 SENATOR LEICHTER: Senator, I 23 happened to vote against setting up these 5830 1 various tiers because I think it did create some 2 invidious distinctions, and I think made it 3 difficult people working side by side performing 4 the same duty and yet receiving far different 5 benefits, but what I don't understand is why 6 that problem exists only in the State Police. 7 Doesn't it exist in other services to the state 8 of New York, where we have Tier I and Tier II 9 and the same differences in retirement exist? 10 SENATOR MALTESE: Mr. President, 11 I think the good Senator Leichter would agree 12 that, while service as a state Senator or other 13 service for the state in an administrative 14 capacity or any clerical capacity would have its 15 sacrifices, I don't think that there would be 16 much disagreement that service as a State 17 Policeman would entail more risk, more danger 18 and thus, in my opinion at least, be entitled to 19 additional benefits. 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Maltese, do you continue to yield? Senator 23 yields. 5831 1 SENATOR LEICHTER: You're 2 absolutely correct that State Police, local 3 police take a risk; in some respects, we can 4 never compensate them enough because these are 5 people who risk their lives for us, but that 6 still doesn't explain, Senator, why we would 7 permit discrimination in pension and that's 8 really what you're saying, pension benefit for 9 some employees, but we're saying that for the 10 State Police the nature of their duty makes that 11 sort of discrimination unwise. 12 I don't understand it. I think 13 it's a matter of the compensation that you give 14 the State Police, but I can't -- I can't accept 15 the argument that discrimination and pension 16 benefits is -- is acceptable for all state 17 employees except State Police, but that's your 18 position, isn't it? 19 SENATOR MALTESE: Mr. President, 20 that isn't exactly my position. I am aware that 21 there are many fiscal and financial restraints. 22 There are many restrictions and confines within 23 which we have to operate, and we have to work as 5832 1 a fiscally responsible Legislature. The - 2 certainly many of us would feel that we should 3 be more generous to various of the employees, 4 past and present, of the state who are now 5 receiving retirement benefits. At the same time 6 there are costs involved, and it will take time 7 and it will take legislation and good will on 8 the part of many people to try to, in some 9 cases, equalize but hopefully in all cases 10 utilize the element of fairness so that we can 11 remedy any of the inequities. 12 This appears to be an inequity as 13 it relates to members of the State Police, a law 14 enforcement body, and this legislation is a 15 partial answer as it relates to members of the 16 State Police to equalize their benefits and the 17 benefits of the other members of the State 18 Police in Tier I and local law enforcement 19 officials -- policemen. 20 SENATOR LEICHTER: Yeah, Mr. 21 President. If Senator Maltese will continue to 22 yield. 23 ACTING PRESIDENT KUHL: Senator 5833 1 Maltese, do you continue to yield? 2 SENATOR MALTESE: Yes. 3 ACTING PRESIDENT KUHL: Senator 4 continues to yield. 5 SENATOR LEICHTER: Senator 6 Maltese, this bill deals with the pension 7 discrimination, if you will, or variation 8 between Tier I and Tier II. How about those 9 police officers, State Police, local police that 10 are in Tier III? You're still going to have a 11 distinction between men and women serving in the 12 State Police doing the same duty. Some now are 13 in Tier III; I guess we also have Tier IV, which 14 have different pension benefits. 15 Why does your bill just address 16 the difference between Tier I and Tier II and I 17 understand, it's Senator Volker's bill. 18 SENATOR MALTESE: Well, Mr. 19 President, certainly there is a distinction here 20 and we are working within certain confines, 21 fiscal restraints, and it affects a certain 22 amount of members of the State Police in Tier 23 II. Certainly, if Senator Leichter would care 5834 1 to introduce a bill applying to members of Tier 2 III, it certainly would be -- as it relates to 3 State Police, it would be a bill that I would 4 look sympathetically on and I personally, I 5 don't speak for Senator Volker, but a bill that 6 I could support. 7 SENATOR LEICHTER: Mr. President, 8 first let me thank my good friend for his 9 answers and they're articulate and forceful and 10 somewhat persuasive, but not fully persuasive as 11 always. 12 ACTING PRESIDENT KUHL: Senator 13 Leichter, on the bill. 14 SENATOR LEICHTER: Just on the 15 bill. 16 My colleagues, I've often gotten 17 up on the floor and tried to argue for consist 18 ency and logic and, much as I'd like to benefit 19 members of the State Police for many reasons, 20 primarily, of course, the service that they do 21 to the people of the state of New York, but I 22 have difficulty with the rationale of this 23 bill. 5835 1 Even if I could accept, and I do 2 not, the argument that we have to treat State 3 Police differently because of the nature of 4 their work, it seems to me that ought to be 5 reflected, and I think is reflected in their pay 6 and since we've established a state policy that 7 we would have various tiers on pension benefits, 8 I can't say that I can exempt members of the 9 State Police from that. 10 But this bill doesn't even wipe 11 out all of the distinctions. All it does, it 12 deals with one distinction that exists between 13 Tier I and Tier II and far from creating greater 14 uniformity, this creates greater exceptions and 15 I -- I've argued against that on the floor in 16 any number of areas. I -- I don't think, 17 Senator Maltese, it's an answer to say, well, 18 you made a good point. Why don't you put in a 19 bill. If -- if the logic of your argument is 20 going to prevail, Senator, then it seems to me 21 that it's the obligation of the sponsor or you, 22 as the person who is defending this bill, to 23 say, You know something? You're right. I'm 5836 1 going to wipe out all the distinctions and I 2 can't see that we would say, Well, you know, 3 we've got $12 million, we'll apply it just to 4 wiping out the -- this difference between Tier I 5 and Tier II for one class of people. 6 I have a lot of question that 7 there really is money in the budget for this, 8 because I can not understand why we would put up 9 money solely for this class of state employees. 10 I don't think there's any basis or rationality 11 for it and, for that reason, much as I'd like to 12 assist and help and compensate and reward State 13 Police, I just don't think there's a logic to 14 this, and I just don't think that we can respond 15 in this helter-skelter fashion to this group, 16 that group, part of a group, this individual, 17 that individual. 18 We have a responsibility. We're 19 legislating for 18 million people. We need a 20 consistency in our laws. We need uniformity in 21 our laws. We need fairness in our laws and, 22 frankly, under those tests, Senator Maltese, I'm 23 afraid that Senator Volker's bill fails. 5837 1 ACTING PRESIDENT KUHL: Senator 2 Dollinger. 3 SENATOR DOLLINGER: Mr. 4 President, will the sponsor yield to just one 5 question? 6 ACTING PRESIDENT KUHL: Senator 7 Maltese, do you yield to just one question? 8 SENATOR MALTESE: Yes. 9 ACTING PRESIDENT KUHL: Senator 10 yields. 11 SENATOR DOLLINGER: As I 12 understand it, this bill would require an annual 13 employer contribution of .8 percent of the Tier 14 II salaries for State Police officers? 15 SENATOR MALTESE: Yes, 16 eight-tenths of one percent. 17 SENATOR DOLLINGER: Eight-tenths 18 of one percent of what number is the question? 19 What's the annual payroll for Tier II State 20 Police officers, if you know? 21 SENATOR MALTESE: We -- Mr. 22 President, I understand that Senator Volker's 23 office requested a fiscal note. They did not 5838 1 give the annual payroll of the State Police but 2 simply indicated that it was eight-tenths of one 3 percent of the annual payroll. 4 SENATOR DOLLINGER: O.K. So we 5 don't know what that annual contribution will be 6 on the state. 7 Just a follow-up question, again 8 if Senator Maltese will - 9 ACTING PRESIDENT KUHL: Senator 10 Maltese, do you yield to a follow-up 11 question? 12 SENATOR MALTESE: Mr. President, 13 I understood there was only one question, but 14 I'll be glad to yield. 15 SENATOR DOLLINGER: I thank my 16 colleague for his deference, Mr. President. 17 My question is, obviously there's 18 a difference between the Tier I and Tier II 19 approach to State Police officers. There must 20 be a logic behind that differential. What was 21 the differential and what, if anything, has 22 changed that would require us to re-examine it? 23 SENATOR MALTESE: Mr. President, 5839 1 I didn't hear the end of the question. 2 SENATOR DOLLINGER: Well, there 3 is a difference between the Tier I and the Tier 4 II pension requirements and benefits with 5 respect to vacation, the others that are 6 outlined in the sponsor's memo. My question is, 7 why are those differences -- why do they, exist 8 because they are obviously part of when we 9 passed the Tier II system there is obviously an 10 explanation as to why we couldn't continue Tier 11 I, and my question is what has changed now since 12 then to have us re-examine that rationalization 13 for the difference? 14 SENATOR MALTESE: Mr. President, 15 the differentiation between Tier I and Tier II, 16 of course, relates to the point of beginning of 17 service. As to what has changed, I think the 18 passage of time and the fact that probably a 19 majority of the Tier I employees have already 20 retired in view of the mandatory retirement age 21 of 55, and obviously, the class that we're 22 dealing with now is a much larger proportion of 23 the present members of the State Police. 5840 1 But, Mr. President, I'm aware 2 that doesn't completely answer the question as 3 to what factor brought this change about. I 4 don't know. 5 SENATOR DOLLINGER: I guess, Mr. 6 President, I guess my final question then would 7 be, was it because we couldn't afford it the 8 first time around; is that why we changed from 9 Tier I to Tier II and changed the requirements 10 because it was too expensive? 11 SENATOR MALTESE: Mr. President, 12 obviously most of the decisions relating to 13 pension are made over a period of time taking 14 into consideration the number of people 15 affected, taking into consideration the 16 comparable pension plans in private industry, in 17 government service, and I imagine the most 18 compelling factor is a -- the fiscal situation 19 prevailing at the time as far as taxpayer 20 dollars available for those priorities. 21 SENATOR DOLLINGER: Thank you, 22 Mr. President. 23 ACTING PRESIDENT KUHL: Secretary 5841 1 will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 ACTING PRESIDENT KUHL: Announce 8 the results. 9 THE SECRETARY: Ayes 51, nays 10 two, Senators Leichter and Paterson recorded in 11 the negative. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1339, by Senator Spano. 16 ACTING PRESIDENT KUHL: Senator 17 Gold. 18 SENATOR GOLD: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Spano, an explanation has been asked of you for 21 Calendar Number 1339 by Senator Gold. 22 SENATOR SPANO: Mr. President, 23 this bill would require that when a temporary 5842 1 employee does not contact the temporary help 2 firm for reassignment when that original 3 assignment is completed, it would be deemed a 4 voluntary quit and the employee would not be 5 eligible for unemployment insurance benefits. 6 SENATOR GOLD: Mr. President. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Gold. 9 SENATOR GOLD: I just want to 10 point out that there is a memorandum in 11 opposition on this from the New York State 12 AFL-CIO, which basically says there is no set 13 definition of, quotes, "temporary employee" in 14 New York State law. The definition is important 15 given the issue of employee leasing which has 16 consumed so much attention of late. A recurrent 17 question is whether the temporary agency is, in 18 fact, an employer and whether appropriate levels 19 of social insurance premium are being paid on 20 behalf of workers referred by such agencies. 21 Senator Spano, maybe you want to 22 comment on that? 23 SENATOR SPANO: Mr. President. 5843 1 ACTING PRESIDENT KUHL: Senator 2 Spano. 3 SENATOR SPANO: I believe that 4 this bill does address some of the concerns of 5 AFL-CIO. I don't quite understand some part of 6 the memo. They're mixing apples and oranges by 7 comparing temporary employees to employee 8 leasing, but it is a fact here that the 9 temporary agencies are, in fact, employers and 10 must pay all of the benefits that are due to the 11 employees who are working for them. 12 SENATOR GOLD: Well, Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Gold. 16 SENATOR GOLD: The memo which I 17 just referred to has a time stamp in my file of 18 May of this year, and it's been around and I see 19 no amendment, Senator Spano, so there's been no 20 withdrawal of their opposition and apparently no 21 attempt to change any language to make them more 22 secure. So they stand apparently where they 23 were in the beginning, opposed to the 5844 1 legislation for the reasons stated. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day after it 6 shall have become a law. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1339 are 12 Senators Espada, Gold, Leichter, Markowitz, 13 Mendez, Onorato, Paterson, Smith, Solomon, 14 Stachowski and Stavisky. Ayes 42, nays 11. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1344, by Senator Saland, Senate Bill Number 19 8440, an act to amend the Family Court Act. 20 SENATOR GOLD: Mr. President, 21 will the Senator yield to a question? 22 ACTING PRESIDENT KUHL: Senator 23 Saland, do you yield to Senator Gold? 5845 1 SENATOR SALAND: Certainly. 2 ACTING PRESIDENT KUHL: Senator 3 Gold. 4 SENATOR GOLD: Senator, I'll try 5 and move this along a little bit. 6 My understanding from the memo on 7 the bill is that we're trying to create a 8 statutory proceeding which you say does not now 9 exist if someone is in violation of an order, is 10 that correct? 11 SENATOR SALAND: Presently, I 12 believe it deals with the 600 section of the 13 Family Court Act. 14 SENATOR GOLD: This basically 15 deals in an area of terminating parental rights, 16 is that correct? 17 SENATOR SALAND: Correct, right. 18 There's reference to the suspended sentence or 19 suspended judgment, but there's no mechanism 20 that has been created to basically deal with 21 that if, in fact, it occurs. 22 SENATOR GOLD: Right. Well, 23 Senator, now that I think we all understand 5846 1 generally what we're talking about, this is the 2 concern that's been raised by our counsel, 3 Senator Saland. These are proceedings and these 4 are areas dealing with the termination of one's 5 parental rights, not in a voluntary manner but 6 by hearing, et cetera, and under existing law, 7 as I understand it, if you want to terminate the 8 rights, under Section 624, the evidence must be 9 competent, material and relevant and further, if 10 there's a dispositional hearing on terminating 11 parental rights, it says "material and 12 relevant." 13 Now, under your bill which sets 14 up a procedure, and I'm not arguing with the 15 concept of the procedure, you only make 16 reference to competent evidence, and that seems 17 to be a lower degree of evidence than it would 18 be if it was in line with the other sections, 19 material and relevant and competent, and the 20 only question we have is, not setting up the 21 procedure, Senator, but when you're dealing with 22 such a sensitive area of terminating parental 23 rights of a human being, why would we want to 5847 1 lower the standard of evidence? 2 SENATOR SALAND: Senator Gold, 3 I'm not quite certain that there's any intention 4 here to reduce the standard, and I would 5 certainly think that, in any proceeding, any 6 material and relevant evidence would be 7 admitted. Whether this was an oversight in 8 draftsmanship, I'd be more than happy - 9 SENATOR GOLD: Will the Senator 10 yield to a question? 11 SENATOR SALAND: Yes. 12 SENATOR GOLD: Senator Saland, 13 knowing your reasonableness, I would have spoken 14 to you about it. This was given to me at a late 15 moment. Is it something that you might want to 16 lay it aside a day? 17 SENATOR SALAND: I will lay it 18 aside for the day. 19 SENATOR GOLD: And look it over. 20 I think the concept of having the procedure, 21 you're absolutely right. Thank you, Senator. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day. 5848 1 THE SECRETARY: Calendar Number 2 1349, by Senator Padavan, Senate Bill Number 3 8610, an act to amend the Vehicle and Traffic 4 Law. 5 SENATOR GOLD: One moment, 6 please. 7 Explanation. 8 ACTING PRESIDENT KUHL: Senator 9 Padavan, an explanation has been asked for by 10 Senator Gold. 11 SENATOR PADAVAN: Yeah. This 12 bill relates to the matter of driver's licenses 13 or non-driver identification cards. It requires 14 that such documents be issued upon presentation 15 that the individual is a lawful resident of this 16 country. 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Mendez. 19 SENATOR MENDEZ: Would the 20 Senator yield for a question? 21 SENATOR PADAVAN: Yes. 22 ACTING PRESIDENT KUHL: Senator 23 Padavan yields. 5849 1 SENATOR MENDEZ: Senator Padavan, 2 we know about the pre-occupation that all of us 3 have in terms of illegal immigration. Don't you 4 think that this bill of yours is assuming the 5 function of the federal government? Shouldn't 6 it be the federal government the one who should 7 be checking whether or not people are here 8 illegally or not without burdening our agency 9 with another function of finding out whether 10 someone who is applying for a driver's license 11 is a legal resident, a citizen or an illegal 12 alien? 13 SENATOR PADAVAN: Let me answer 14 your question, Senator. The prerogative and 15 authority to issuing driver's licenses remains 16 with the state. We obviously do not want to 17 issue driving license or identification cards 18 which, as you know, you don't have to be a 19 driver, you can go to Motor Vehicle Bureau and 20 get an I.D. card photo to someone who is in this 21 country illegally, because sometimes things 22 happen that we don't want to happen. 23 As an example, a bus driver 5850 1 driving family members on the New York State 2 Thruway from one of our prisons to the city of 3 New York involved in a very serious accident, a 4 number of people seriously hurt, including 5 children, one fatality, police came to the 6 scene, they found out, number one, he was an 7 illegal alien; number two, he had a driver's 8 license that had been issued to him, and he also 9 had a forged Social Security card. Now, I don't 10 think we want that sort of thing to happen. 11 Now, the federal government, INS 12 which you mention, neither has the resources nor 13 the mechanism for monitoring a state's issuance 14 of a driver's license. They're nowhere in that 15 system. That's why the state of California, the 16 state of Colorado and most recently the state of 17 New Jersey have adopted this particular 18 proposal. 19 You must also keep in mind that 20 when someone who should not be in this country, 21 and I say is here illegally, and you could be 22 here legally in many ways, you know; you don't 23 have to be -- you could be here on a visa, 5851 1 student visa, work permit, asylum, all kinds of 2 ways of being here legally, but people use motor 3 vehicle driver's licenses to then become the way 4 of entering into other programs such as social 5 services, which also we certainly don't want to 6 have happen, and that's the reason for this. 7 If INS was equipped, designed, 8 authorized to check all our drivers' licenses 9 that we issue, it would be right, but they're 10 not. 11 SENATOR MENDEZ: So then, your 12 reason then for this bill it follows that 13 whenever the federal government, any federal 14 agency, is unable to do the job that they're 15 supposed to do, then we at the state level must 16 take on those functions. But I have another 17 question for you, Mr. President, if he yields. 18 ACTING PRESIDENT KUHL: Senator 19 Padavan, do you continue to yield? Senator 20 yields. 21 SENATOR MENDEZ: And that is 22 that, you know that the last immigration law 23 that was passed, I believe in 1986 established 5852 1 the - 2 SENATOR PADAVAN: 1990. 3 SENATOR MENDEZ: -- functions, 4 penalties for employers who would, in fact, hire 5 illegal aliens. 6 SENATOR PADAVAN: Right. 7 SENATOR MENDEZ: How would this 8 affect the aliens? This bill will be affecting 9 a lot of businesses. Hopefully, we would like 10 all the businesses not to hire illegal aliens 11 but unfortunately the law of the land is that 12 they would have to pay a penalty, so your bill 13 will be affecting businesses because many - 14 assuming that there are businesses that are 15 hiring illegal aliens, they go to the Motor 16 Vehicle Bureau and upon finding that -- that 17 documentation presumes that they are illegal 18 aliens, then it's very easy to go after this 19 business person. 20 Who knows, maybe accidentally - 21 SENATOR PADAVAN: I don't know if 22 that's a question or not, Senator, but that's 23 just simply not the case. This bill places, as 5853 1 you accurately stated, your first question, a 2 responsibility on the Department of Motor 3 Vehicle Bureau to ensure that driver's licenses 4 are not issued to people who are in this country 5 illegally and it has no relevance to employers. 6 Matter of fact, I guess you could think, if you 7 wanted to really carry this out, it might help 8 employers who unwittingly -- unwittingly might 9 hire an illegal alien and violate federal law 10 because someone showed them a driver's license 11 that they shouldn't have got in in the first 12 place, so I see no negative impact on 13 employers. 14 SENATOR MENDEZ: Look -- thank 15 you. Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Mendez. 18 SENATOR MENDEZ: On the bill. 19 ACTING PRESIDENT KUHL: Senator 20 Mendez, on the bill. 21 SENATOR MENDEZ: I know that 22 Senator Padavan is very meticulous in trying to 23 -- in the legislation that he submits, to this 5854 1 chamber. I know that he cares and he is very 2 well intentioned. On the other hand, my problem 3 with this bill is that it is an instance more in 4 which, although it appears to be all right on 5 the surface and that all of us red-blooded 6 Americans will support that concept, that those 7 that are not supposed to be in this country, we 8 should chase them out, and that is acceptable; 9 yet on the other hand, it gives me the feeling, 10 Mr. President, that there are I am seeing now 11 too many, too many instances of immigrant 12 bashing occurring throughout the country, and 13 this bill definitely will have, I believe, an 14 impact on small businesses, who unwantingly 15 might or knowingly might hire an illegal alien 16 and that person suddenly would find him' or 17 herself with a heavy fine for something that he 18 or she didn't know that they were breaking the 19 law. 20 Also, why should we at the state 21 level impose a greater burden on those employees 22 and on that agency to do their work when we are 23 not providing extra amounts of monies to do so? 5855 1 The -- the illegal aliens, it is important to 2 apprehend them and to deport them, that is a 3 function of the United States federal government 4 and I don't think -- we have plenty of troubles 5 in New York, in New York State. I don't think 6 that we should take on that function. 7 Therefore, Mr. President, I will 8 not be supporting this bill. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Leichter. 11 SENATOR LEICHTER: Mr. President, 12 on the bill. 13 ACTING PRESIDENT KUHL: Senator 14 Leichter, on the bill. 15 SENATOR LEICHTER: You know, at 16 least the first response to this bill is that, 17 well, this is reasonable. I mean why should we 18 make this benefit of driving a car in New York 19 available to somebody who isn't here legally? 20 The more I think about it, Senator Padavan, 21 well, the more I'm inclined to agree with our 22 colleague, Senator Mendez, but I'll tell you one 23 thing that from the very beginning in looking at 5856 1 this bill that somewhat disturbed me, and that's 2 your legislative findings and declaration which 3 I guess embodies the view that seem to underlie 4 the report that you recently put out that 5 undocumented aliens are such a burden on the 6 state of New York, and you have statements in 7 here that I, frankly, think are somewhat 8 inaccurate as well as maybe being somewhat 9 offensive. 10 For instance, you state the 11 Legislature also finds increasing evidence that 12 undocumented immigrants account for a growing 13 percentage of the under custody population of 14 our state prison system, implying that 15 undocumented aliens or undocumented persons in 16 this state are inclined to criminality. 17 You state: The Legislature 18 hereby finds and declares that illegal 19 immigration in New York State is a serious and 20 growing problem for the state. I don't believe 21 that's the case. In fact, just recently, I 22 think Mayor Giuliani was heard to say that he 23 found that the number of undocumented people was 5857 1 actually a help and a boon to the city of New 2 York. I believe that I have read that statement 3 and I'm -- and I'm representing it accurately. 4 So I -- even if I were in favor 5 of the bill, I would have some problem with your 6 declaration of findings and legislative intent. 7 But also the more I think of the bill, Senator, 8 I think that it is the role of the federal 9 government to deal with the problem of 10 immigration. I assume that, if the state wanted 11 to and thought it was necessary and thought it 12 was appropriate and had the money for it, there 13 are a number of things that we could do to 14 enforce the federal immigration laws. We could 15 volunteer any sort of action, but I don't -- I 16 don't know what the benefit is for the people of 17 the state of New York in doing this. 18 I also don't know what the 19 consequences are, of saying that now Department 20 of Motor Vehicle has to check everybody's right 21 to be legally in the country. In some respects 22 that could be easily done if you can locate your 23 birth certificate which I believe most people 5858 1 can't. If you could, if you have a passport, 2 although even now, frankly, to my surprise the 3 Department of Motor Vehicles doesn't even - 4 doesn't even accept a passport as sufficient 5 identification. 6 SENATOR PADAVAN: Senator, will 7 you yield? You know, I've listened to about a 8 half a dozen errors, and so I'm disposed to rise 9 and this last point is particularly erroneous. 10 I would give you a list, I'll 11 hand it to you, but let me read you some of 12 them, of all the documents that are acceptable 13 to get a driver's license: The birth certificate 14 obviously, passports, visa -- all -- it's a 15 whole list of documents that you can produce at 16 the Motor Vehicle Bureau as a basis for getting 17 a license. 18 You can even be an asylee, 19 someone who has come to this country seeking 20 asylum, given that entree, and get a driver's 21 license. You also get a Social Security card. 22 There are dozens and dozens of ways to legally 23 make application and receive a driver's 5859 1 license. 2 All we're saying in this bill is 3 make sure there is one of them. They are not 4 odious in any extent. We are not enforcing the 5 immigration laws. We are simply issuing a 6 license in this state an appropriate valid way 7 because it's necessary to do that. We don't 8 want people with driver's licenses in New York 9 State who are in this country illegally. 10 Yes, a number of them are here 11 illegally to break our laws. That's why 8,000 12 of them are in our state prisons. Half of that 13 number are here illegally. It is a problem 14 whether you care to acknowledge it or not. 15 SENATOR LEICHTER: Senator. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter has the floor. 18 SENATOR LEICHTER: Since you 19 started off saying you wanted to ask me a 20 question, let me -- let me respond. Insofar as 21 the documentation that the Department now 22 accepts, I just went through that because my 23 wife, as happens occasionally, lost her driver's 5860 1 license. To get a new license, to my surprise, 2 it was not sufficient to give them a copy of her 3 passport and, if you'll read the paper that you 4 have, they provide that you have to establish 5 your identity by various documents that add up 6 to a number of, I believe it's six. A passport 7 to my disbelief, if you read this, is -- is a 8 value of only two or three, so by itself, it was 9 not sufficient. 10 SENATOR PADAVAN: True. 11 SENATOR LEICHTER: And, in fact, 12 I wrote to the Commissioner and said I felt that 13 was absurd. I think if somebody comes in and 14 shows I have a valid U.S. Passport which says "I 15 am Nina Leichter," that that is sufficient 16 identity and, therefore, I think I am correct, 17 Senator, when I say that the problem of 18 establishing your legal right to be in this 19 country is not that easy. 20 You are imposing a burden on 21 everybody in this state. Just think about it 22 for a moment, particularly if a passport is not 23 sufficient to show that you're legally in this 5861 1 country, and I would hope the Department, if 2 your bill should become law, would make 3 regulations that would accept the passport and 4 I'd be inclined to believe that they couldn't be 5 so foolish as not to do this. 6 But a lot of people don't have 7 passports. A lot of people can't find their 8 birth certificates. How do you begin to 9 establish that? 10 Senator, it is a burden and 11 Senator Mendez is also correct when she says it 12 imposes a whole range of duties upon the 13 Department of Motor Vehicles that certainly is 14 going to be expensive. So I think we've got to 15 ask ourselves, what benefit do we get from it? 16 What is the cost? What is the burden that we put 17 on all the people of the state? 18 And finally, what is the 19 rationality? If the rationality is that we in 20 New York State should do everything we can to 21 push undocumented aliens out of this state, 22 leaving aside the whole question of whether 23 Mayor Giuliani is right or wrong when he says 5862 1 that we benefit from undocumented aliens, but I 2 just question whether that's a function that the 3 state should take on, and in some instances as 4 you know, constitutionally we can't even do it. 5 Do you want to go one step 6 further and say undocumented aliens cannot be 7 admitted to emergency rooms of hospitals? Do you 8 want to say undocumented aliens can't be 9 admitted to the schools? Undocumented aliens 10 cannot receive other benefits or rights that 11 other people in this state have and that we want 12 to give or up to now at least until your bill 13 came along, that we said that we would give to 14 everybody in this state? 15 So Senator, I think as we look at 16 the bill and think about it a little more, it 17 certainly raises, I think some serious questions 18 and I think it's probably, on balance, an unwise 19 bill. 20 ACTING PRESIDENT KUHL: Senator 21 Padavan, why do you rise? 22 SENATOR PADAVAN: I'd like to 23 speak to the comments raised. 5863 1 ACTING PRESIDENT KUHL: Senator 2 Connor. Got a list going. 3 SENATOR PADAVAN: I didn't know 4 you did. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Connor. 7 SENATOR CONNOR: Thank you, Mr. 8 President. 9 Will Senator Padavan yield for a 10 question? 11 ACTING PRESIDENT KUHL: Senator 12 Padavan yields. 13 SENATOR CONNOR: Thank you, 14 Senator, and I apologize. I came in after the 15 debate began, and you may have answered this, 16 but I'm curious about the part of your bill that 17 talks about the Commissioner of Motor Vehicle 18 entering into an agreement with INS. 19 SENATOR PADAVAN: Yes, the 20 computer exchange. 21 SENATOR CONNOR: Does INS agree 22 to a statement like this? 23 SENATOR PADAVAN: They are 5864 1 working that out in California, so it's 2 something else to be explored. 3 SENATOR CONNOR: Thank you. 4 SENATOR PADAVAN: Just to answer 5 your question more fully and while I'm answering 6 yours, it might answer Senator Leichter's. 7 The bill does require the 8 Department to develop regulations which could 9 correct even what he was talking about with 10 regard to the visa because we are giving them 11 that mandate which gives regulations as to how 12 to identify someone who is here legally which 13 could not only serve a useful purpose dealing 14 with the illegal population but those who are 15 her legally. 16 SENATOR CONNOR: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Connor on the bill. 19 SENATOR CONNOR: Perhaps I can 20 clarify something. Senator Padavan says, well, 21 they're working it out in California and they'll 22 work it out here. 23 Well, my colleague, Senator 5865 1 Nozzolio, held hearings last year on election 2 law matters and the testimony from the state 3 officials who administer elections in our state 4 is that, when they go to INS to determine if 5 somebody is a citizen or an alien or whatever, 6 somebody who is actually voting, that INS tells 7 them it's confidential, and they won't tell the 8 state officials that. 9 Now, I can not believe they're 10 going to suddenly give the Motor Vehicle 11 Department this information if they won't give 12 the election officials this information. They 13 don't give this out. This is wonderful. I read 14 this bill. I say yeah, you have to prove all 15 this stuff to get a driver's license, and I 16 assure you, someone can register to vote, show 17 no identification. We don't require that, show 18 no proof of citizenship, merely answer the 19 question, are you a citizen, and if they check 20 "yes," they vote, they are voting, but Senator 21 Padavan thinks driving is a sacred fundamental 22 underpinning of American democracy, I suppose, 23 and we ought to have this extraordinary length 5866 1 here. 2 The fact of the matter is this 3 bill is not well thought out. It's a reaction, 4 it's a "me-tooism" to places like California, I 5 think perhaps Colorado where "know-nothingism" 6 seems to prevail, and everybody is in a panic 7 over the numbers of illegal immigrants in those 8 states, and so now we have a bill where, well, 9 we're sure the Commissioner of Motor Vehicles 10 can work out with the Immigration and 11 Naturalization Service an exchange of informa 12 tion by computer when, in fact, our own state 13 election officials can't even get INS to give 14 them any information about the alien status of 15 alleged citizen voters, and we require none of 16 this proof or information for people to vote. 17 Now, perhaps that comparison, Mr. 18 President, ought to convince my colleagues just 19 how silly and off-the-mark this bill is. You 20 know, if you're not going to chase aliens away, 21 making their life miserable, you're not going to 22 stop somebody who is illegally in the country 23 from driving by not giving them a driver's 5867 1 license. 2 You may stop them from driving 3 with insurance, which is something we ought to 4 think about. I don't know that we want to do 5 that. I don't know that an illegal immigrant 6 who is determined to drive ought to be denied a 7 driver's license because they just might go and 8 drive, and the one thing we know is they'll do 9 it without insurance. Who gets hurt then, Mr. 10 President? Who gets hurt then when the accident 11 happens and the driver is uninsured, because he 12 or she couldn't get a driver's license because 13 they were an illegal immigrant? 14 It just seems to me awfully silly 15 to come down on this about driver's license 16 when, in fact, on the other hand, we have 17 absolutely no information, no requirements with 18 respect to voting where we have a clear law in 19 New York State requiring citizenship for a 20 voter, but we don't ask for any of this informa 21 tion and when the election officials get 22 allegations that so and so, a voter in that E.D. 23 is not a citizen and they call up INS, they're 5868 1 told it's confidential, we can't tell you. But 2 somehow or other, Senator Padavan thinks, he's 3 very confident that the Commissioner of Motor 4 Vehicles is going to get this information. 5 ACTING PRESIDENT KUHL: Senator 6 Padavan, to close debate. 7 SENATOR PADAVAN: Very briefly, 8 Mr. President. 9 Senator, you can add New Jersey 10 to your list of those states whom you have a 11 certain amount of disdain for because they, in 12 the latter part of 1993, also adopted this 13 law which is now going into effect just 14 recently. 15 So obviously we now have three 16 states, two very large states. There are six 17 states that have a large immigration problem, 18 New Jersey, California, obviously among those 19 six. 20 The fact remains this is not a 21 panacea to our problems of illegal immigrants 22 which are very numerous, but it's one item of 23 many that have been recommended and many which 5869 1 we will pursue, so you might get used to the 2 idea that we're going to try here to be dealing 3 with in those areas where we can help ourselves 4 in dealing with this problem. Maybe voting will 5 be one of them, and we'll rely upon your 6 expertise, Senator, to deal with that part of it 7 because obviously it's an area that should be 8 dealt with. 9 But that's not the issue today. 10 Driver's licenses obtained fraudulently are 11 being used to gain entree for social services 12 and a whole host of areas where illegal aliens 13 should not be. I gave you one incident. You 14 may not have been here, where someone, an 15 illegal alien who got a driver's license who 16 ended up injuring 14 people and killing a person 17 on the New York State Thruway. 18 Now, the employer didn't know 19 that he was an illegal alien, I presume, but 20 somehow he got a driver's license. 21 SENATOR CONNOR: Mr. President. 22 SENATOR PADAVAN: Senator, I'm not 23 going to yield. 5870 1 ACTING PRESIDENT KUHL: Senator 2 Connor, why do you rise? 3 SENATOR CONNOR: I wanted to ask 4 the Senator to yield to a question. 5 SENATOR PADAVAN: I'm not going 6 to yield. 7 ACTING PRESIDENT KUHL: Senator 8 Padavan refuses to yield. 9 SENATOR PADAVAN: The state is - 10 this is just one area where the state, this 11 state or any other state, has authority and 12 responsibility and that is in issuing a driver's 13 license, and that's the issue we're addressing 14 today. It's not solving all of the problems by 15 a long shot, but it certainly is dealing with 16 one area that I think we should be dealing with 17 as other states have already dealt and have done 18 so. 19 ACTING PRESIDENT KUHL: Senator 20 Gold. 21 SENATOR GOLD: Mr. President, 22 this bill -- and in committee I raised an issue 23 and it comes out of Senator Padavan's memo and 5871 1 it was the reference he just made and that's to 2 somebody who was an illegal alien having an 3 accident and injuring some people, and I think 4 that there's just really no validity to the 5 comparison. I mean there are people, unfor 6 tunately who are running people over all over 7 this state, and we find out that they're driving 8 taxis, they're driving this; we find out their 9 licenses have been suspended 17,000 times. 10 If people are going to drive, 11 Senator Padavan, they are going to drive. I 12 think that the offensive part of the bill goes 13 back to the beginning with Senator Mendez and I 14 have notes here about the non-insurance and the 15 driver's licenses and all that, but the 16 offensive part of the bill goes back to Senator 17 Mendez, and it goes back to the beginning. 18 If you analyze what we do in this 19 legislative session and other legislative 20 sessions, you'll find, if you examine the laws, 21 I'm talking laws now that we make, adjustments 22 to our motor vehicle laws and our health laws 23 and the insurance laws, et cetera, et cetera, 5872 1 and when you finish with all the laws and you 2 finish with everything we've done which is real, 3 why don't you take a look at some of the one 4 house bills and if you now examine the one-house 5 bills that come out of your house in this house, 6 you find that we are concerned about people's 7 draft status and then keeping them out of 8 schools or doing things with them, you'll find 9 out that we have ordered college students to 10 salute the flag, to sing the Star Spangled 11 Banner, you'll find out that all of a sudden, 12 all of a sudden the federal government is 13 incompetent to handle patriotism and to handle 14 all of these issues and, interestingly enough, 15 Jimmy Carter has only been the President a 16 little time, you were passing all of this stuff 17 when we had Bush and we had Reagan and 18 apparently with all of the morality coming out 19 of those two brilliant gentlemen as leaders in 20 Washington, we still felt that we had to take on 21 the obligations of the federal government. 22 We ought to really cut that out. 23 We ought to really cut that out. There was an 5873 1 editorial in the paper today questioning whether 2 we would leave Albany without a significant 3 crime bill. There are editorials throughout the 4 state asking if the Legislature is going home on 5 Friday. Are we taking care of this problem and 6 that problem? There is plenty within the state 7 jurisdiction for us to be able to handle, but 8 when we see these bills, and somebody made the 9 comment, Well, you know, you take a look at it, 10 you get a driver's license maybe, maybe, but 11 when you start to analyze the philosophy that 12 goes behind some of these bills, as Senator 13 Mendez has done, we are the wrong group in the 14 wrong pew and there's enough to do in this 15 state, and I would urge us to vote against this 16 bill and make it clear on each occasion that we 17 ought to redirect our energy, we should be 18 redirecting our energies to those state issues 19 where we can have an impact. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 6. This 23 act shall take effect on the 180th day after it 5874 1 shall have become a law. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1349 are 7 Senators Connor, Espada, Gold, Leichter, 8 Markowitz, Mendez, Paterson, ayes -- also 9 Senator Lack. Ayes 45, nays 8. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Connor. 13 SENATOR CONNOR: Thank you, Mr. 14 President. 15 Mr. President may I have 16 unanimous consent to be recorded in the negative 17 on Calendar Number 1339. 18 ACTING PRESIDENT KUHL: Without 19 objection, Senator Connor will be recorded in 20 the negative on Calendar Number 1339. 21 Return to motions and resolutions 22 for a moment, Senator Present; is that O.K.? 23 O.K. Senator Nozzolio. 5875 1 SENATOR NOZZOLIO: Mr. President, 2 I wish to call up my bill number 813 recalled 3 from the Assembly which is now at the desk. 4 ACTING PRESIDENT KUHL: Secretary 5 will read. 6 THE SECRETARY: By Senator 7 Nozzolio, Senate Bill Number 813, authorizing 8 the county of Cayuga to convey certain 9 easements. 10 SENATOR NOZZOLIO: Mr. President, 11 I move to reconsider the vote by which this bill 12 was passed. 13 ACTING PRESIDENT KUHL: Secretary 14 will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 53. 18 SENATOR NOZZOLIO: Mr. President, 19 I now offer the following amendments. 20 ACTING PRESIDENT KUHL: 21 Amendments are received and adopted. 22 Senator Seward. 23 SENATOR SEWARD: Yes, Mr. 5876 1 President. On page 21, I offer the following 2 amendments to Calendar Number 952, Senate Print 3 Number 7905, and ask that the bail retain its 4 place on the Third Reading Calendar. 5 ACTING PRESIDENT KUHL: 6 Amendments are received and adopted. The bill 7 will retain its place on the Third Reading 8 Calendar. Senator Seward. 9 Senator Present. 10 SENATOR PRESENT: Mr. President, 11 before I lose the audience, as I have informed 12 you before, we intend to conclude business this 13 Friday for this session. Therefore, any member 14 wishing to amend a bill that's on the calendar 15 should do so by tomorrow. Bills amended after 16 tomorrow will not be aged by Friday and, 17 therefore, would not be able to be considered 18 for now. 19 ACTING PRESIDENT KUHL: Thank 20 you, Senator Present. 21 Senator Seward to continue. 22 SENATOR SEWARD: Yes. Along that 23 vein, I have three more amendments to make 5877 1 here. 2 On page -- on behalf of Senator 3 Levy, on page 38, I offer the following 4 amendments to Calendar Number 537, Senate Print 5 Number 7430, and ask that the bill retain its 6 place on third reading. 7 ACTING PRESIDENT KUHL: 8 Amendments are received and adopted. The bill 9 will retain its place on the Third Reading 10 Calendar. 11 Senator Seward to continue. 12 SENATOR SEWARD: Also on behalf 13 of Senator Levy, on page 9, I offer the 14 following amendments to Calendar Number 486, 15 Senate Print Number 1245, and ask that that bill 16 retain its place on the Third Reading Calendar. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted; bill will 19 retain its place on the Third Reading Calendar. 20 SENATOR SEWARD: On behalf of 21 Senator Saland, on page 30, I offer the 22 following amendments to Calendar Number 1325, 23 Senate Print Number 797-B and ask that that bill 5878 1 retain its place on third reading. 2 ACTING PRESIDENT KUHL: 3 Amendments are received and adopted. Bill will 4 retain its place on the Third Reading Calendar. 5 Senator Smith. 6 SENATOR SMITH: Thank you. Mr. 7 President, I would request unanimous consent to 8 be recorded in the negative on Calendar Number 9 1349. 10 ACTING PRESIDENT KUHL: Without 11 objection, Senator Smith will be recorded in the 12 negative on Calendar Number 1349. 13 Senator DiCarlo. 14 SENATOR DiCARLO: Mr. President, 15 I wish to call up, on behalf of Senator Wright, 16 Bill Number 4718, having passed both houses and 17 not delivered to the Governor. 18 ACTING PRESIDENT KUHL: Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Wright, Senate Bill Number 4718, an act to amend 22 the Highway Law. 23 SENATOR DiCARLO: I now move to 5879 1 reconsider the vote by which this bill was 2 passed and ask that the bill be restored to the 3 order of third reading. 4 ACTING PRESIDENT KUHL: Secretary 5 will call the roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration. ) 8 THE SECRETARY: Ayes 53. 9 SENATOR DiCARLO: Mr. President, 10 I now offer the following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 Senator DiCarlo. 14 SENATOR DiCARLO: Mr. President, 15 on page 41, on behalf of Senator Farley, I offer 16 the following amendments to Calendar 1032, 17 Senate Print 6996, and ask that said bill retain 18 its place on the Third Reading Calendar and 19 remove the star. 20 ACTING PRESIDENT KUHL: 21 Amendments are received and adopted. Bill will 22 retain its place on the Third Reading Calendar. 23 The sponsor's star will be removed. 5880 1 Senator DiCarlo. 2 SENATOR DiCARLO: On behalf of 3 Senator Johnson, I wish to call up bill Print 4 Number 661 recalled from the Assembly which is 5 now at the desk. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: By Senator 9 Johnson, Senate Bill 661, an act to amend the 10 Environmental Conservation Law. 11 MR. DiCARLO: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT KUHL: Secretary 15 will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 53. 19 SENATOR DiCARLO: Mr. President, 20 I now offer the following amendments. 21 ACTING PRESIDENT KUHL: 22 Amendments are received and adopted. 23 Senator Rath. 5881 1 SENATOR RATH: Mr. President, on 2 page number 29, on behalf of Senator Larkin, I 3 offer the following amendments to Calendar 4 Number 1261, Senate print Number 1902-B, and ask 5 that said bill retain its place on the Third 6 Reading Calendar. 7 ACTING PRESIDENT KUHL: 8 Amendments are received and adopted. Bill will 9 retain its place on the Third Reading Calendar. 10 Senator Rath. 11 SENATOR RATH: Mr. President, on 12 behalf of Senator Saland, I offer the following 13 amendments on page number 37, to Calendar Number 14 478, Senate Print Number 5881-B, and ask that 15 said bill retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. Bill will 19 retain its place on the Third Reading Calendar. 20 Senator Rath. 21 SENATOR RATH: Mr. President, on 22 page 38, on behalf of Senator Lack, I offer the 23 following amendments to Calendar Number 492, 5882 1 Senate Print Number 6935, and ask that said bill 2 retain its place on the Third Reading Calendar. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and adopted. Bill will 5 retain its place on the Third Reading Calendar. 6 Senator Present, we have 7 some substitutions. Would it be all right to 8 read them at this time? Secretary will 9 read. 10 THE SECRETARY: On page 11, 11 Senator Velella moves to discharge the Committee 12 on Rules from Assembly Bill Number 1302-A and 13 substitute it for the identical Calendar Number 14 606. 15 On page 16, Senator Goodman moves 16 to discharge the committee on Rules from 17 Assembly Bill Number 2761 and substitute it for 18 the identical Third Reading 789. 19 On page 21, Senator Seward moves 20 to discharge the committee on Rules from 21 Assembly Bill Number 10838 and substitute it for 22 the identical Calendar Number 951. 23 Senator Volker moves to discharge 5883 1 the Committee on Rules from Assembly Bill Number 2 5654-B and substitute it for the identical Third 3 Reading 958. 4 On page 22, Senator Skelos moves 5 to discharge the Committee on Rules from 6 Assembly Bill Number 9409-A and substitute it 7 for the identical Calendar Number 967. 8 On page 37, Senator Libous moves 9 to discharge the Committee on Rules from 10 Assembly Bill Number 9958, and substitute it for 11 the identical Third Reading 489. 12 ACTING PRESIDENT KUHL: All 13 substitutions are ordered. Senator Present. 14 SENATOR PRESENT: Mr. President, 15 there being no further business, I move that we 16 adjourn until tomorrow at 11:00 a.m. 17 ACTING PRESIDENT KUHL: All 18 members will note the time change difference. 19 Without objection, the motion to adjourn is 20 approved. Senate will stand adjourned until 21 tomorrow, Tuesday, at 11:00 a.m. 22 (Whereupon at 6:30 p.m., the 23 Senate adjourned.)