Monday, May 22, 1995

6090 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 22, 1995 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 6091 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to find 4 their places, staff to find their seats. 5 Ask everybody in the chamber to 6 rise and join with me in the Pledge of 7 Allegiance to the Flag. 8 (Whereupon, the Senate and those 9 present joined in the Pledge of Allegiance to 10 the Flag.) 11 In the absence of clergy, may we 12 bow our heads in a moment of silence. 13 (Whereupon, there was a moment of 14 silence.) 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, May 21st. The Senate met pursuant to 18 adjournment, Senator Hoblock in the Chair upon 19 designation of the Temporary President. The 20 Journal of Saturday, May 20th, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT KUHL: Hearing 23 no objection, the Journal stands approved as 6092 1 read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 The Chair recognizes Senator 11 Farley. 12 SENATOR FARLEY: I have one long 13 motion, Mr. President. These are amendments 14 offered to the following Third Reading Calendar 15 bills: 16 For Senator Cook, page 4, 17 Calendar 90, Senate Print 290B. 18 Senator Trunzo, page 11, Calendar 19 359, Senate Print 3661A. 20 Senator Farley, page 12, Calendar 21 374, Senate Print 3058. 22 Senator Velella, page 15, 23 Calendar 440, Senate Print 3614. 6093 1 Senator Rath, page 28, Calendar 2 710, Senate Print 3904. 3 Senator Marchi, page 31, 744, 4 Senate Print 3842. 5 Senator Kuhl, page 31, 745, 6 Senate Print 3909. 7 Senator Cook, page 35, Calendar 8 792, Senate Print 4172. 9 Senator Sears, page 35, Calendar 10 796, Senate Print 2125. 11 For Senator Rath, page 37, 12 Calendar 812, Senate Print 1101. 13 Senator Holland, page 46, 14 Calendar 889, Senate Print 2124. 15 For Senator Saland, on page 55, 16 Calendar print 952, Senate Print 3953. 17 For Senator Kuhl, page 57, 18 Calendar 972, Senate Print 3932. 19 And for Senator Saland, on page 20 68, Calendar 958, Senate Print 4987. 21 Mr. President, I move that these 22 bills be amended and that they retain their 23 places on the Third Reading Calendar. 6094 1 ACTING PRESIDENT KUHL: The 2 amendments to those calendar numbers that you 3 set forth, Senator Farley, are received and 4 adopted. The bills will retain their place on 5 the Third Reading Calendar. 6 Senator DiCarlo. 7 SENATOR DiCARLO: Mr. President, 8 on behalf of Senator Holland, please place a 9 sponsor's star on Calendar Numbers 727, 975. 10 On behalf of Senator Seward, 11 please place a sponsor's star on Calendar 579. 12 On behalf of Senator Libous, 13 please place a sponsor's star on Calendar 939. 14 And on my behalf, please remove 15 the sponsor's star from Senate 3362 and place a 16 sponsor's star on Senate 4358. 17 Thank you. 18 ACTING PRESIDENT KUHL: Those 19 calendar numbers are starred at the request of 20 the sponsor, and the star removed at the request 21 of Senator DiCarlo. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Mr. 6095 1 President, I'd like to place a sponsor's star on 2 Calendar Number 957, my bill, Senate 4951, ask 3 that it retain its place on the Third Reading 4 Calendar. 5 ACTING PRESIDENT KUHL: Calendar 6 Number 957 will be starred at the request of the 7 sponsor. 8 Senator Saland. 9 SENATOR SALAND: Mr. President, I 10 would request that you remove the star, 11 sponsor's star, on Calendar 607, Senate 3918, 12 and Calendar 955, Senate 4219. 13 ACTING PRESIDENT KUHL: Sponsor's 14 stars are removed on Calendar Number 607 and 15 955. 16 Senator Skelos, we have a 17 substitution at the desk if you would like to 18 take that up now. 19 SENATOR SKELOS: Please make the 20 substitution. 21 ACTING PRESIDENT KUHL: Secretary 22 will read it. 23 THE SECRETARY: On page 17, 6096 1 Senator Sears moves to discharge from the 2 Committee on Rules Assembly Bill Number 2471B 3 and substitute it for the identical Calendar 4 Number 499. 5 ACTING PRESIDENT KUHL: 6 Substitution is ordered. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President. 9 On behalf of Senator Stafford, there will be an 10 immediate meeting of the Finance Committee in 11 Room 332 of the Capitol. 12 ACTING PRESIDENT KUHL: There 13 will be an immediate meeting of the Senate 14 Finance Committee in the Majority Conference 15 Room, Room 332. Immediate meeting of the 16 Finance Committee. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos. 20 SENATOR SKELOS: I believe there 21 is a resolution at the desk by Senator Holland. 22 May we please have it read in its entirety and 23 adopted, and then I believe Senator Holland 6097 1 would like to comment on the resolution. 2 ACTING PRESIDENT KUHL: There is 3 a privileged resolution on behalf of Senator 4 Holland at the desk. 5 The Secretary will read it in its 6 entirety. 7 THE SECRETARY: By Senator 8 Holland, Legislative Resolution memorializing 9 Governor George E. Pataki to proclaim May 22 10 through 26, 1995, as Bone Marrow Donor Awareness 11 Week in New York State. 12 Whereas, this Legislative Body is 13 justly proud to memorialize Governor George E. 14 Pataki to proclaim May 22 through 26, 1995, as 15 Bone Marrow Donor Awareness Week; and 16 Whereas, bone marrow transplants 17 now give people dying of blood-related diseases 18 such as leukemia and aplastic anemia a chance to 19 be cured if a donor can be found whose bone 20 marrow matches their own; and 21 Whereas, an individual has only a 22 30 percent chance of finding a donor among his 23 or her own family members; once family members 6098 1 have been tested and a match is not found, an 2 individual is faced with only about 1 in 20,000 3 unrelated people who will match closely enough 4 to allow the opportunity for a bone marrow 5 donation; 6 Although the national donor 7 registry was begun in 1987 to assist finding 8 suitable donors from a pool of typed, readily 9 available volunteers, it is estimated that at 10 least one million potential donors worldwide 11 must be listed on the registry if the majority 12 of 9,000 afflicted individuals presently waiting 13 for matches in the United States are to be 14 saved; many people in the United States have 15 died because their desperate searches have not 16 produced a matching donor in time; 17 It is vital, therefore, that 18 every effort be made to assure that the donor 19 pool is as large and diverse as possible; 20 Marrow transplants require 21 matching tissue types which are characterized by 22 complex genetic traits often unique to a 23 particular race; and, currently, 92 percent of 6099 1 the volunteer donors are Caucasian; it is of 2 critical importance that African-Americans, 3 Hispanics, Asians, and Native Americans who are 4 presently underrepresented on the registry 5 become volunteers so that the same hope can be 6 offered to all Americans in need; and 7 Whereas, in memory of the late 8 Eugene Levy, it is the intent of this 9 Legislative Body to designate May 22 through 26, 10 1995, as Bone Marrow Donor Awareness Week in New 11 York State, recognizing and honoring all of 12 those who have selflessly donated marrow or have 13 been tested as a potential donor and to enhance 14 public awareness of the desperate need for bone 15 marrow donors, particularly minority donors; 16 During Bone Marrow Donor 17 Awareness Week, the Bone Marrow Resource 18 Foundation will distribute educational material 19 and conduct a donor drive to test individuals as 20 potential donors in the Concourse; donors will 21 be registered with the National Donor Marrow 22 Program through a local donor center at the 23 American Red Cross in Albany; and 6100 1 Whereas, funds to test 2 individuals as potential donors during Bone 3 Marrow Donor Awareness Week are raised through a 4 legislative bowl-a-thon held May 16, 1995, and 5 an individual tested and added to the registry 6 as a result of funds raised through the 7 legislative bowl-a-thon has actually been 8 matched with a patient in need and donated their 9 marrow to save a life; everyone has the ability 10 to give the gift of life by donating bone marrow 11 to someone who faces imminent death from a 12 blood-related disease; and 13 Whereas, through its commitment 14 to the preservation and enhancement of human 15 life Bone Marrow Donor Awareness Week so clearly 16 advances that spirit of unified purpose and 17 shared concern which is the unalterable 18 manifestation of our American experience; now, 19 therefore, be it 20 Resolved, that this Legislative 21 Body pause in its deliberations to memorialize 22 Governor George E. Pataki to proclaim May 22 23 through 26, 1995, as Bone Marrow Donor Awareness 6101 1 Week in New York State; and be it further 2 Resolved, that copies of this 3 resolution, suitably engrossed, be transmitted 4 to the Bone Marrow Resource Foundation, the 5 National Marrow Donor Program, and the New York 6 State American Red Cross of Albany in 7 recognition of their efforts in educating the 8 public and assisting those in need of a bone 9 marrow donation. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Holland on the resolution. 12 SENATOR HOLLAND: Mr. President, 13 as the resolution says, this was originally an 14 idea of former Senator Gene Levy. We picked it 15 up after the Senator died; and because of 16 everybody in this chamber and the other chamber 17 and lobbyists in this capital, in the last four 18 years we have raised over $55,000 to type people 19 for bone marrow transplant. In fact, as the 20 resolution further says, we have already saved 21 one life. 22 Besides the $55,000 that we have 23 raised, we have typed over 1,000 people, and we 6102 1 have been in the hallways of this Capitol every 2 year; and when that wasn't good enough, we went 3 out to the departments and typed people in the 4 departments. 5 I want to say one or twice during 6 these few words that they will be typing blood 7 types today in the basement of the LOB from 8 11:00 to 5:30 today and tomorrow. If you would 9 like to have your blood typed and possibly save 10 a life in the future, we really would appreciate 11 your going down there and doing that. 12 Now, as far as the bowl-a-thon 13 goes, that is an absolutely great time. 14 Everybody has a good time, and we raised about 15 $17,000 this year. I might say that Senators 16 DeFrancisco, Maltese, Maziarz, Rath, Skelos, 17 Spano and even Commissioner Daly came into the 18 bowl-a-thon. We had a great time. There were 19 two 279 games; and I have to say this, Senator 20 Skelos has a 224 game. He required that I say 21 that. That was a great, great game by Senator 22 Skelos. 23 Just thanks to everybody, 6103 1 lobbyists, bowlers, donators, legislators. You 2 have saved one life. You will save many more. 3 It's today and tomorrow from 11:00 o'clock until 4 5:00 to have your blood typed. 5 Thank you very much. 6 ACTING PRESIDENT KUHL: Question 7 is on the resolution. All those in favor, 8 signify by saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The resolution is adopted. 13 Senator Maziarz. 14 SENATOR MAZIARZ: Mr. President, 15 may we please take up the noncontroversial 16 reading of the Calendar. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the noncontroversial calendar. 19 THE SECRETARY: On page 13, 20 Calendar 415, by Senator Levy, Senate Print 21 4051A, an act to amend the Vehicle and Traffic 22 Law, in relation to speeding violations 23 committed within a work area. 6104 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 442, by Senator Velella, Senate Print 3777A, an 13 act to amend the Insurance Law, in relation to 14 the period of duration of certain licenses 15 issued by the Superintendent of Insurance. 16 ACTING PRESIDENT KUHL: Senator 17 Dollinger, why do you rise? 18 SENATOR DOLLINGER: Just a point 19 of order, Mr. President. What happened to 374? 20 ACTING PRESIDENT KUHL: That was 21 amended by Senator Farley, I believe, earlier 22 today, so it's not live. 23 Secretary will continue to call 6105 1 the noncontroversial calendar. 2 Read the last section. 3 THE SECRETARY: Section 7. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 473, by Senator Maziarz, Senate Print 3341A, an 13 act to amend the Education Law, in relation to 14 courses of instruction in patriotism and 15 citizenship. 16 SENATOR DOLLINGER: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 475, by Senator Cook, Senate Print 4140A, an act 21 to amend the Education Law, in relation to 22 establishing a suspension period for students 23 determined to have brought a weapon to school. 6106 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 495, by Senator Cook, Senate Print 3156A, an act 5 to amend the General City Law, the Town Law, and 6 the Village Law, in relation to the recording of 7 subdivision plats. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the first day of July. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 45. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 496, by Senator Cook, Senate Print 3157A, an act 20 to amend the General City Law, the Town Law, the 21 Village Law and the General Municipal Law. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 6107 1 THE SECRETARY: Section 12. This 2 act shall take effect July 1. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 45. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 497, by Senator Cook, Senate Print 3223A, an act 11 to amend the General City Law, the Town Law, and 12 the Village Law, in relation to subdivision plat 13 review. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 19. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 45. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 6108 1 THE SECRETARY: Calendar Number 2 499, substituted earlier today, by Member of the 3 Assembly Lafayette, Assembly Print 2471B, an act 4 to amend the Personal Property Law, in relation 5 to buyer's right to cancel a telephone sale. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first day of 10 January. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 501, by Senator Farley, Senate Print 2674, an 19 act to amend the Personal Property Law and the 20 General Business Law, in relation to the taking 21 of a purchase money security interest. 22 SENATOR PATERSON: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 6109 1 bill aside. 2 THE SECRETARY: Calendar Number 3 508, by Senator Hoblock, Senate Print 2731B, an 4 act to amend the Education Law, in relation to 5 electioneering within the polling place. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 3. 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 17 575, by Senator Levy, Senate Print 979, an act 18 to amend the Vehicle and Traffic Law and the 19 General Business Law, in relation to bicycle 20 helmets. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 5. This 6110 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes - 6 ACTING PRESIDENT KUHL: Announce 7 the results when tabulated. 8 THE SECRETARY: Ayes 47, nays 1. 9 Senator Farley recorded in the negative. 10 ACTING PRESIDENT KUHL: Bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 582, by Senator Levy, Senate Print 3996, an act 14 to amend the Vehicle and Traffic Law, in 15 relation to the transportation of persons in 16 wheelchairs. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 6111 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 586, by Senator Levy, Senate Print 4197, an act 6 to amend the Vehicle and Traffic Law, in 7 relation to the proper use of certain wheelchair 8 securement devices. 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 20 647, by Senator Seward, Senate Print 4046A, an 21 act to amend the Public Service Law and the 22 General Business Law, in relation to the 23 protection of underground facilities. 6112 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 9. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 651, by Senator Johnson, Senate Print 2185, an 13 act to amend the State Finance Law, in relation 14 to allocations from the State Police Motor 15 Vehicle Enforcement Account. 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. 6113 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar number 4 656, by Senator Levy, Senate Print 2884, an act 5 to amend the Executive Law and the Estates, 6 Powers and Trusts Law, in relation to exempting 7 Parent-Teacher Associations from registration 8 and reporting. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 3. 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 20 664, by Senator Rath, Senate Print 4312, an act 21 to legalize, ratify, and confirm the acts and 22 proceedings of the board of education of the 23 Oakfield-Alabama Central School District. 6114 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 677, by Senator LaValle, Senate Print 1994, an 13 act to amend the Education Law, in relation to 14 enacting the Higher Education Community Service 15 Act. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first day of 20 September. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 6115 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 686, by Senator Farley, Senate Print 2846, an 6 act to amend the Retirement and Social Security 7 Law, in relation to credit for certain members 8 employed by educational institutions. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 5. 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 20 687, by Senator Trunzo, Senate Print 3027, an 21 act to amend the Retirement and Social Security 22 Law, in relation to optional retirement for 23 detective investigators in the office of the 6116 1 district attorney. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 48. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 691, by Senator Marchi, Senate Print 3749A, an 14 act to amend the Public Authorities Law and the 15 Administrative Code of the City of New York, in 16 relation to the retirement rights of officers 17 and employees of the New York City Municipal 18 Water Finance Authority. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 6117 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 698, by Senator Marchi, Senate Print 4431, an 8 act to amend the Public Authorities Law, in 9 relation to the general powers of the New York 10 State Environmental Facilities Corporation. 11 ACTING PRESIDENT KUHL: Secretary 12 will 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 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 707, by Senator Saland, Senate Print 2916, an 23 act to amend the State Administrative Procedure 6118 1 Act, in relation to including the Workers' 2 Compensation Board under the scope of the act's 3 provisions. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 30th day. 8 SENATOR DOLLINGER: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar number 12 722, by Senator Saland, Senate Print 2039, an 13 act to amend the Public Health Law and the 14 Executive Law, in relation to court 15 authorization for human immunodeficiency virus 16 related testing of certain sex offenders. 17 SENATOR SMITH: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 757, by Senator Sears, Senate Print 3791, an act 22 to amend the General Business Law, in relation 23 to going out of business sales. 6119 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 759, by Senator Sears, Senate Print 5057A, an 13 act to amend the General Business Law, in 14 relation to licenses of persons engaged in the 15 practice of nail specialty, natural hair 16 styling, aesthetics, or cosmetology. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 6120 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 760, by Senator Marchi, Senate Print 742, an act 6 to amend the Real Property Law, in relation to 7 modifying the real estate continuing education 8 requirement. 9 SENATOR LEICHTER: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 762, by Member of the Assembly Eve, Assembly 14 Print 2660A, an act to amend the Judiciary Law, 15 in relation to the appeals and disclosure 16 procedures for the bar examination. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first day of 21 November. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 6121 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 6 769, by Senator DiCarlo, Senate Print 3962, an 7 act to amend the Real Property Law, in relation 8 to occupation of premises for unlawful purposes. 9 SENATOR DOLLINGER: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 776, by Senator Lack, Senate Print 4788, an act 14 to amend the Estates, Powers, and Trusts Law, in 15 relation to the exercise of powers of 16 appointment in further trust. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 6122 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 779, by Senator Lack, Senate Print 4853, an act 6 to amend the Surrogate's Court Procedure Act, in 7 relation to service of process. 8 ACTING PRESIDENT KUHL: Senator 9 Maziarz. 10 SENATOR MAZIARZ: Mr. President. 11 On behalf of Senator Lack, could we lay that 12 bill aside for the day, please. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day at the request of the 15 sponsor. That was Calendar Number 779. 16 Secretary will continue to call 17 the noncontroversial calendar. 18 THE SECRETARY: Calendar number 19 787, by the Senate Committee on Rules, Senate 20 Print 3553, an act in relation to permitting the 21 establishment of the town of Champlain Sewer 22 Benefit Area Number 1 and legalizing, 23 validating, ratifying and confirming certain 6123 1 proceedings. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. 4 Secretary will read the last 5 section. 6 THE SECRETARY: Section 9. 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 bill 13 is passed. 14 SENATOR JOHNSON: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Johnson, why do you rise? 17 SENATOR JOHNSON: Mr. President, 18 did 677 pass? 19 ACTING PRESIDENT KUHL: Senator 20 Johnson, Calendar Number 677 did pass. 21 SENATOR JOHNSON: Mr. President, 22 I would like unanimous consent to be recorded in 23 the negative on that bill. 6124 1 ACTING PRESIDENT KUHL: Without 2 objection. Hearing no objection, Senator 3 Johnson recorded in the negative on Calendar 4 Number 677. 5 Secretary will continue to call 6 the noncontroversial calendar. 7 THE SECRETARY: Calendar Number 8 811, by Senator Tully, Senate Print 184, an act 9 to amend the Penal Law, in relation to menacing 10 in the first degree. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first day of 15 November. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 48. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 813, by Senator Sears, Senate Print 1189, an act 6125 1 to amend the Penal Law, in relation to including 2 the use of a firearm in the commission of a 3 Class A felony. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 814, by Senator Goodman, Senate Print 1618A, an 17 act to amend the Penal Law, in relation to 18 consecutive terms of imprisonment under certain 19 circumstances. 20 SENATOR MONTGOMERY: Lay it 21 aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 6126 1 THE SECRETARY: Calendar Number 2 816, by Senator Kuhl, Senate Print 3234. 3 SENATOR PATERSON: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar number 7 819, by Senator Volker, Senate Print 3773, an 8 act to amend the Criminal Procedure Law, in 9 relation to submission of written materials to 10 the jury during deliberation. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect in 90 days. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 820, by Senator Volker, Senate Print 3804, an 23 act to amend the Civil Practice Law and Rules, 6127 1 in relation to the issuance of a subpoena. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of 6 January. 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 14 821, by Senator Volker, Senate Print 3822, an 15 act to amend the Criminal Procedure Law, in 16 relation to fingerprinting persons arrested for 17 aggravated unlicensed operation of a motor 18 vehicle. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT KUHL: Call the 6128 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 823, by Senator Volker, Senate Print 3979, an 8 act to amend the Penal Law, in relation to the 9 sale of a firearm by an unauthorized person. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 824, by Senator Padavan, Senate Print 4068, an 23 act to amend the Penal Law, in relation to 6129 1 including police officers in the violent felony 2 offense of aggravated assault. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 826, by Senator Volker, Senate Print 4297, an 16 act to amend the Civil Rights Law, in relation 17 to access to personal files of parole officers 18 and warrant officers. 19 SENATOR SMITH: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 829, by Senator Marcellino, Senate Print 4425, 6130 1 an act to amend the Penal Law, in relation to 2 criminally negligent homicide. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first day of 7 January. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 839, by Senator Lack, Senate Print 2826A. 16 SENATOR DOLLINGER: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 840, by Senator Levy, Senate Print 348, an act 21 directing the Commissioner of Transportation to 22 develop test pilot programs on certain school 23 bus safety devices. 6131 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect April 1. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT KUHL: Announce 9 the results when tabulated. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 840 are Senators 12 Cook, Farley, Present, Sears, Seward and 13 Stafford. Ayes 43, nays 6. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 881, by Senator Padavan, Senate Print 2793, an 18 act to amend the State Finance Law, in relation 19 to contracts for architectural and engineering 20 services. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 6132 1 act shall take effect on the 60th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 SENATOR SEWARD: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Seward. 11 SENATOR SEWARD: Yes, I would ask 12 unanimous consent to be recorded in the negative 13 on Calendar Number 575 which passed earlier 14 today. 15 ACTING PRESIDENT KUHL: Without 16 objection. Hearing no objection, Senator Seward 17 will be recorded in the negative on Calendar 18 Number 575. 19 Senator Montgomery, why do you 20 rise? 21 SENATOR MONTGOMERY: Mr. 22 President, I would like unanimous consent to be 23 recorded in the negative on Calendar Number 824. 6133 1 ACTING PRESIDENT KUHL: Without 2 objection. Hearing no objection, Senator 3 Montgomery will be recorded in the negative on 4 Calendar Number 824. 5 Chair recognizes Senator 6 Maziarz. 7 SENATOR MAZIARZ: Yes, Mr. 8 President, may we please return to reports of 9 standing committees. I believe there is a 10 report from the Finance Committee at the desk. 11 ACTING PRESIDENT KUHL: Senator 12 Maziarz, you are absolutely correct. We will 13 return to reports of standing committees. I 14 will ask the Secretary to read the report of the 15 Finance Committee. 16 THE SECRETARY: Senator Stafford 17 from the Committee on Finance reports the 18 following bills: 19 Senate Print 5189, Budget Bill, 20 an act to provide for payments to licensed day 21 care centers and family day care homes under the 22 child and adult care food program and making an 23 appropriation therefor. 6134 1 Senate Print 5190, Budget Bill, 2 an act making an appropriation for the support 3 of government. 4 Senate 5191, Budget Bill, an act 5 making an appropriation for the support of 6 government. 7 Senate 5193, Budget Bill, an act 8 to provide for payments to pharmacies under the 9 elderly pharmaceutical insurance coverage 10 program and making an appropriation therefor. 11 Senate Print 5193, Budget Bill, 12 an act to provide for payments to vendors under 13 the marketing and advertising program and making 14 an appropriation therefor. 15 Senate Print 5194, Budget Bill, 16 an act to provide for payments to municipalities 17 and to providers of medical services under the 18 medical assistance program. 19 All bills ordered directly to 20 third reading. 21 ACTING PRESIDENT KUHL: Without 22 objection, all bills are reported directly to 23 third reading. 6135 1 Senator Maziarz, that completes 2 the noncontroversial calendar and the report of 3 the Finance Committee. What's your pleasure? 4 SENATOR MAZIARZ: Mr. President, 5 may we please take up the reading of the 6 controversial calendar. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the controversial calendar. 9 THE SECRETARY: On page 16, 10 Calendar 473, by Senator Maziarz, Senate Print 11 3341A, an act to amend the Education Law, in 12 relation to courses of instruction in patriotism 13 and citizenship. 14 SENATOR DOLLINGER: Explanation, 15 Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Maziarz, an explanation of Calendar Number 473 18 has been asked for by Senator Dollinger. 19 SENATOR MAZIARZ: Yes, Mr. 20 President. This bill would require the Board of 21 Regents to promulgate rules to allow school 22 boards and administrators to read or post 23 excerpts of primary source historical documents 6136 1 in public school buildings, classrooms or at 2 school events. Such rules would provide that 3 there would be no content-based censorship of 4 American history or heritage with reference to 5 these documents. In other words, there would be 6 no editing of the contents to modify the 7 document's intent or meaning. 8 SENATOR DOLLINGER: Would Senator 9 Maziarz yield to a question? 10 ACTING PRESIDENT KUHL: Senator 11 Maziarz, do you yield to a question from Senator 12 Dollinger? 13 SENATOR MAZIARZ: Certainly, Mr. 14 President. 15 ACTING PRESIDENT KUHL: The 16 Senator yields, Senator Dollinger. 17 SENATOR DOLLINGER: Senator, I 18 voted for this bill in the past, and I guess 19 question my own vote sometimes, because this 20 bill looks like a patriotic solution desperately 21 searching for a problem. 22 Could you tell me what specific 23 problem this bill was designed to remedy, if 6137 1 any? 2 SENATOR MAZIARZ: First of all, 3 let me say, Senator, I'm glad you voted for this 4 bill in the past. 5 What this bill would do is, we're 6 all painfully aware, Senator, today, and being a 7 former history teacher myself, I know that there 8 are revisionist historians out there who are at 9 tempting to interpret the writings of the great 10 Americans who wrote the Declaration of Independ 11 ence, the Constitution of the United States, the 12 Constitution of the State of New York; and what 13 this bill would do would encourage, not require 14 but encourage school boards and school teachers 15 to post these documents in the public schools as 16 they were written so as not to deface or 17 question the intent that the authors of these 18 great documents intended and to let the students 19 decide for themselves what the author intended. 20 I will give you one example, 21 Senator. We've seen cause today to have the 22 reference of God deleted from the Pledge of 23 Allegiance to the flag. That's just one 6138 1 example, Senator. 2 ACTING PRESIDENT KUHL: Senator 3 Dollinger. 4 SENATOR DOLLINGER: Again, 5 through you, Mr. President. 6 ACTING PRESIDENT KUHL: Do you 7 continue to yield, Senator Maziarz? 8 SENATOR MAZIARZ: Yes, I do. 9 ACTING PRESIDENT KUHL: Senator 10 continues to yield. 11 SENATOR DOLLINGER: Do you have 12 any specific instances where there has been 13 censorship exercised in our public schools about 14 these founding father documents, as you refer to 15 them? Do you have any personal experience with 16 censorship where someone censored the 17 documents? 18 SENATOR MAZIARZ: No, I do not, 19 Senator. 20 SENATOR DOLLINGER: On the bill, 21 Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Dollinger, on the bill. 6139 1 SENATOR DOLLINGER: I voted for 2 this bill in the past. I don't want to be 3 against patriotism. I don't want to be against 4 the founding fathers and their documents. I 5 don't want to see anybody censor those docu 6 ments. I guess I'm not afraid of revisionism 7 since it seems to be going on all the time. 8 People are going back and looking at documents 9 that were written in the past, constantly 10 reinterpreting them. I guess we're -- I believe 11 both as a lawyer and as an elected official that 12 you're bound by the wording of the original 13 documents. Nothing wrong with going back and 14 figuring out what those documents mean, 15 reinterpreting them. 16 I still think this is a bill -- I 17 said it when Senator Daly was here so I'm 18 applying the same rationale as I applied to him 19 and that is, this is a wonderful patriotic 20 solution looking for a problem that I'm not sure 21 exists. If it does exist, this bill will solve 22 it. I'm just not sure that it does. 23 I will vote in favor of it, Mr. 6140 1 President, as I have in the past, but I still 2 think we're looking for the problem that this 3 bill solves. 4 ACTING PRESIDENT KUHL: Chair 5 recognizes Senator Waldon. 6 SENATOR WALDON: Thank you very 7 much, Mr. President. 8 Will the learned gentleman, 9 Senator Maziarz, yield to a question? 10 ACTING PRESIDENT KUHL: Senator 11 Maziarz, do you yield to a question from Senator 12 Waldon? 13 SENATOR MAZIARZ: Yes, Mr. 14 President. 15 ACTING PRESIDENT KUHL: The 16 Senator yields. 17 SENATOR WALDON: Thank you very 18 much. Senator Maziarz, in your representation 19 of Niagara, Orleans, and Monroe County, do you 20 have occasion to visit the schools in your 21 respective counties? 22 SENATOR MAZIARZ: Yes, I have, 23 Senator. 6141 1 SENATOR WALDON: Have you visited 2 the grade schools and high schools recently? 3 SENATOR MAZIARZ: Yes, I have, 4 Senator. 5 SENATOR WALDON: Have you had 6 occasion -- if I may continue, Mr. President? 7 ACTING PRESIDENT KUHL: Senator 8 continues to yield, Senator Waldon. 9 SENATOR WALDON: Thank you, sir. 10 Have you had occasion to visit 11 the classrooms in those schools? 12 SENATOR MAZIARZ: I spoke before 13 a seventh grade class just last Thursday, 14 Senator. 15 SENATOR WALDON: In any of your 16 visits to the schools, have any of the teachers 17 or guidance counselors or principals or 18 assistant principals indicated to you that there 19 has been a radical change in the approach to 20 teaching in those schools in terms of basic 21 history courses, basic civics courses? Have 22 they told you that they no longer refer to the 23 Constitution of the United States, the 6142 1 Declaration of Independence, the Bill of Rights, 2 or the Constitution of the State of New York? 3 SENATOR MAZIARZ: No, they have 4 not, Senator. 5 SENATOR WALDON: If I may 6 continue, Mr. President? 7 ACTING PRESIDENT KUHL: Senator 8 Maziarz, do you continue to yield? 9 SENATOR MAZIARZ: Yes, I do. 10 ACTING PRESIDENT KUHL: The 11 Senator continues to yield. 12 SENATOR WALDON: I appreciate 13 your indulgence, Senator Maziarz, I really do. 14 In your capacity as a Senator and 15 in your previous life before joining us in this 16 place that's sometimes described as a gluttony 17 for punishment, have you had occasion to visit 18 the colleges of the State of New York? 19 SENATOR MAZIARZ: Yes, I have, 20 Senator. 21 SENATOR WALDON: If I may 22 continue, Mr. President? 23 ACTING PRESIDENT KUHL: Senator 6143 1 Maziarz, do you yield to another question from 2 Senator Waldon? 3 SENATOR MAZIARZ: Yes, I do. 4 ACTING PRESIDENT KUHL: The 5 Senator yields. 6 SENATOR WALDON: In your visits 7 to colleges which prepare people to teach in the 8 state of New York, have you ever had occasion to 9 discuss the curriculum or curricula of those 10 various institutions? 11 SENATOR MAZIARZ: Yes, I have, 12 Senator. 13 SENATOR WALDON: If I may 14 continue, Mr. President? 15 SENATOR MAZIARZ: Yes, I do. 16 ACTING PRESIDENT KUHL: Senator 17 continues to yield. 18 SENATOR WALDON: Thank you very 19 much, Mr. President. 20 In that regard, Senator, have you 21 ever found in your trips, visits, conversations, 22 dialogue, an occasion where someone told you 23 that there has been a change in the preparation 6144 1 of our teachers in the State of New York? By 2 that, I mean specifically have they stopped 3 teaching about the Constitution, have they 4 stopped teaching about the Constitution of the 5 State of New York, the Bill of Rights, have they 6 stopped teaching about the Federalist Papers? 7 Have they stopped speaking to all of the issues 8 that were taught when I was in college? -- which 9 was way before you went to college, Senator 10 Maziarz, but I would suspect that similar 11 courses taught when I attended college were 12 taught when you attended, and they certainly had 13 at that time all of those items of concern for 14 our students who wanted to become teachers. 15 I am a licensed teacher, by the 16 way, Senator Maziarz. Mr. President. 17 SENATOR MAZIARZ: Senator, if 18 your question was have they indicated to me that 19 they've been told to stop teaching it, the 20 answer is no. 21 SENATOR WALDON: Thank you very 22 much. Mr. President, if I may, on the bill. 23 ACTING PRESIDENT KUHL: Senator 6145 1 Waldon on the bill. 2 SENATOR WALDON: Thank you very 3 much Senator Maziarz, I appreciate your 4 indulgence. 5 I am going to, for once in my 6 life, echo my learned colleague from the area of 7 Rochester. I'm going to vote as will Senator 8 Dollinger because no one here wishes to be 9 labeled anti-patriotic, and I think this is a 10 situation where we may sink into the quicksand 11 of indecision by voting on principle though we 12 should always vote on principle. 13 But I wonder what is the real 14 deal? I go into the schools of my district all 15 of the time, and the students there are con 16 stantly taught not only about the Constitution, 17 the Bill of Rights, the Declaration of 18 Independence but respect -- not respect - 19 reverence to those documents and what they mean 20 historically to this nation and to all of the 21 people of this nation. 22 So I don't understand what we're 23 trying to address with this legislation; but, 6146 1 certainly, rather than be labeled anti-patriotic 2 I will support this recommendation by Senator 3 Maziarz. 4 Thank you very much, Mr. 5 President. Thank you, Senator Maziarz. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Leichter on the bill. 8 SENATOR LEICHTER: Good. Mr. 9 President, thank you; and I'm grateful to my 10 friends Senator Dollinger and Senator Waldon for 11 addressing this bill. It gave me a chance to 12 look at it. 13 I think there's a very easy 14 answer to the question that you raised, why deal 15 with a bill that concerns itself with a matter 16 when there is no problem. It's a lot easier to 17 deal with it when there is no problem than when 18 there is a problem, so that part doesn't bother 19 me. That I can understand. 20 But I wonder whether Senator 21 Maziarz would be good enough to yield. 22 ACTING PRESIDENT KUHL: Senator 23 Maziarz, do you yield to a question from Senator 6147 1 Leichter? 2 SENATOR MAZIARZ: Yes, I do. 3 ACTING PRESIDENT KUHL: The 4 Senator yields. 5 SENATOR LEICHTER: Senator, while 6 I was listening to my colleagues here, I had a 7 chance to read the bill more carefully than I 8 might have when I voted for it and I did vote 9 for it the last time, and the thing that 10 intrigued me is, what is the definition of 11 content-based censorship? 12 SENATOR MAZIARZ: Content-based 13 censorship would be the elimination of some of 14 the original verbiage. It would be posting 15 shall we say the Pledge of Allegiance without 16 the word God in it, if I use that as an example. 17 SENATOR LEICHTER: Senator, if 18 you would be good enough to yield? 19 SENATOR MAZIARZ: Yes, I do. 20 ACTING PRESIDENT KUHL: Senator 21 Maziarz, do you continue to yield? 22 The Senator yields. 23 SENATOR LEICHTER: Does that mean 6148 1 that in the Declaration of Independence if I 2 just wanted to put on that school bulletin board 3 the beginning, that wonderful beginning, "When 4 in the course of human events," and so on, if I 5 just wanted to put that sentence, could I do 6 that or would that - 7 SENATOR MAZIARZ: As long as you 8 put it in as it was written originally. 9 SENATOR LEICHTER: What you are 10 saying is that as long as I quote the language 11 exactly as it is in the document, I can take a 12 sentence here or a sentence there; is that 13 correct? 14 SENATOR MAZIARZ: No, I would say 15 not "a sentence here or a sentence there," 16 Senator. If you were going to put the preamble 17 of the Constitution, then you would put the 18 entire preamble in, all two paragraphs. 19 SENATOR LEICHTER: Well, Senator, 20 if you will continue to yield? 21 ACTING PRESIDENT KUHL: Senator 22 Maziarz, do you continue to yield? 23 SENATOR MAZIARZ: Yes, I do, Mr. 6149 1 President. 2 ACTING PRESIDENT KUHL: The 3 Senator continues to yield. 4 SENATOR LEICHTER: It gets, 5 frankly, more and more confusing. For the 6 Declaration of Independence, I could take the 7 first sentence, but the preamble for the 8 Constitution, I've got to take the whole 9 preamble. Is that correct? 10 SENATOR MAZIARZ: No. 11 SENATOR LEICHTER: I thought 12 that's what you just said. 13 SENATOR MAZIARZ: No. I'm 14 sorry. You used the example of the Declaration 15 of Independence and I used the example of the 16 Constitution. The Declaration of Independence, 17 you wanted just the - 18 SENATOR LEICHTER: Can I just 19 take that first sentence, "When in the course of 20 human events..."? 21 SENATOR MAZIARZ: As long as it 22 was as written, Senator. 23 SENATOR LEICHTER: Okay. But 6150 1 why - 2 ACTING PRESIDENT KUHL: Senator 3 Leichter, are you asking Senator Maziarz to 4 continue to yield? 5 SENATOR LEICHTER: Yes. 6 ACTING PRESIDENT KUHL: Senator 7 Maziarz, can I just ask you to do one thing. 8 Take one step back to your right. That way your 9 conversation will be recorded on the microphone 10 in front of you. 11 Okay. Thank you. 12 SENATOR LEICHTER: All right. 13 Senator, so Declaration of Independence, I can 14 take the first sentence as long as I take it in 15 haec verba, in the exact words; and, obviously, 16 that's what should be done. However, the 17 preamble to the Constitution -- frankly, I don't 18 remember if it's more than one sentence. I 19 believe it is. But, there, I can not just take 20 the first sentence; I have to take the whole 21 preamble? 22 SENATOR MAZIARZ: No, you could 23 take whatever part you want to take, Senator, as 6151 1 long as you take it as was written. That was my 2 point, as was originally written. 3 SENATOR LEICHTER: But, Senator, 4 I asked you if I could take let's say the first 5 sentence of the Declaration of Independence and 6 then the last sentence. Can I do that? 7 SENATOR MAZIARZ: As written? 8 SENATOR LEICHTER: As written. 9 SENATOR MAZIARZ: Yes. 10 SENATOR LEICHTER: All right. 11 Because, previously, when I asked you, can I 12 take a sentence here and a sentence there, you 13 said I could not do that, but now that we look 14 at it a little more carefully, you're changing 15 your answer; is that correct? 16 SENATOR MAZIARZ: And correct it, 17 Senator. You could post it as it was written. 18 SENATOR LEICHTER: All right. So 19 it's clear that as long as I identify with 20 quotes and so on, I could take sentences here 21 and there. 22 Now, Senator, can a teacher write 23 any sort of explanatory material on a matter in 6152 1 the Declaration of Independence? I mean could 2 the teacher, for instance, where it says all men 3 are created equal -- could the teacher write 4 underneath that, "This does not include 5 slaves"? Would that be permitted or would that 6 be content-based censorship? 7 SENATOR MAZIARZ: I don't think 8 that's addressed at all in this bill, Senator. 9 I don't think that would be content-based 10 censorship. 11 SENATOR LEICHTER: Well, what is 12 addressed? 13 ACTING PRESIDENT KUHL: Senator 14 Leichter, are you asking Senator Maziarz to 15 continue to yield? 16 SENATOR LEICHTER: If you will 17 continue to. Yield? 18 SENATOR MAZIARZ: Yes. 19 ACTING PRESIDENT KUHL: The 20 Senator continues to yield. 21 SENATOR LEICHTER: What are we 22 addressing? I would like to know. Give me an 23 example of content-based censorship. 6153 1 SENATOR MAZIARZ: All right. We 2 will use the example that I used earlier about 3 the preamble to the Constitution, not to delete 4 the word "God," as an example, in the preamble, 5 to post the Pledge of Allegiance to the Flag 6 deleting the word "God". 7 SENATOR LEICHTER: Well, Senator, 8 suppose I take it the preamble -- or take the 9 Pledge of Allegiance and I quote it but I show 10 that I'm leaving out words. Could I do that, 11 with an identification as we often do? When 12 authors are quoted, you may leave out certain 13 words but indicating. Could I do that? 14 SENATOR MAZIARZ: I would say 15 no. You mean post the Pledge of Allegiance and 16 leave out certain words? 17 SENATOR LEICHTER: But indicating 18 that I've left out some words. 19 SENATOR MAZIARZ: I would say no. 20 SENATOR LEICHTER: Senator, how 21 about in a decision of our Supreme Court, where, 22 as you know, sometimes these decisions go on for 23 many, many pages. Sometimes a sentence will go 6154 1 on for a page or more with quotes, and so on. 2 Could I take a sentence from a Supreme Court 3 decision and leave out the citation of 4 precedents? 5 SENATOR MAZIARZ: I would say no. 6 SENATOR LEICHTER: I would have 7 to -- this is a fifth grade class, Senator, and 8 I want to give them a wonderful statement, let's 9 say, from one of our great Chief Justices. But 10 you are saying for that fifth grade class, I've 11 got to give them all the citations. I've got to 12 give them all the words; and then afterwards 13 when they say, "56 US 9484 Supreme Court AD 2d" 14 and so on, if I have left that out, that would 15 be censorship? 16 SENATOR MAZIARZ: I don't know 17 how many fifth grade classes would post 18 something like that in, Senator, but I would say 19 you would do that maybe in a high school or in a 20 college. I would say to post the entire matter 21 and let the student decide what is important and 22 what is not. 23 SENATOR LEICHTER: Excuse me. 6155 1 ACTING PRESIDENT KUHL: Senator 2 Leichter, are you asking Senator Maziarz to 3 continue to yield? 4 SENATOR LEICHTER: Yes, if you 5 would do so. 6 SENATOR MAZIARZ: Yes. 7 ACTING PRESIDENT KUHL: Senator 8 Maziarz continues to yield. 9 SENATOR LEICHTER: Senator, you 10 were a teacher. I wasn't. You would write 11 things on the blackboard. Now, here you're 12 writing -- this is an eleventh or twelfth grade 13 class, studying constitutional history, and 14 you're writing out an important decision of the 15 Supreme Court, Brown versus Maryland or 16 something like that, where there is a 17 particularly important sentence that includes 18 within that sentence a long string of 19 citations. You are saying that I have to write 20 down all those citations? 21 SENATOR MAZIARZ: I would say - 22 no, Senator, you're way off the mark here. I'm 23 talking about posting in a classroom information 6156 1 of historical significance, historical 2 documents. You know, you are talking about 3 writing information on the blackboard about a 4 particular decision. I think you are carrying 5 it a little bit too far, Senator. You are 6 carrying it beyond the meaning, beyond my intent 7 of this resolution. 8 SENATOR LEICHTER: Senator 9 Maziarz, then, as I understand it, your bill 10 would not include writing anything on the 11 blackboard. Is that correct? 12 SENATOR MAZIARZ: No, Senator. I 13 think you don't understand the bill. The bill 14 simply requests the Education Department to 15 promulgate rules to encourage teachers to post 16 in the classroom historical documents. 17 SENATOR LEICHTER: Senator, I'm 18 trying to understand the bill. Obviously, it's 19 clear in your mind; but as we find out sometimes 20 when we start looking at legislation what's 21 clear in the sponsor's mind, when questions are 22 raised, sometimes it's not that clear to other 23 people or to agencies that then have to 6157 1 interpret the bill and sometimes it isn't clear 2 to courts when they have to deal with it, so 3 that sort of discussion helps; and, frankly, I 4 have a little trouble understanding as a clear 5 guide to the Education Department and then to 6 teachers throughout the state what they are 7 allowed to do and what they are not allowed to 8 do; and if you are talking about posting, that 9 would seem to include writing on blackboards. 10 So that in the example that I 11 gave, where there are decisions of the Supreme 12 Court, very important documents in our 13 constitutional history which include a very long 14 string of citations, I would like to know 15 whether now I've got to post that whole string 16 of citations, if it's included within one 17 sentence? 18 SENATOR MAZIARZ: Again, Senator, 19 I'm going to answer you the same way I answered 20 you previously. I think you're carrying it - 21 you are carrying it much beyond the meaning and 22 the intent of this resolution. 23 SENATOR LEICHTER: Mr. President, 6158 1 on the bill. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter on the bill. 4 SENATOR LEICHTER: Let me thank 5 Senator Maziarz. 6 Senator, one of the things that 7 we find out here -- and I don't mean to presume 8 to lecture you, and so on, or anybody, but we 9 find out that when you write bills -- and they 10 are extremely well-intentioned. I think if you 11 go to somebody and say, "I put in a bill against 12 censorship," and everybody will say, "Gee, 13 that's wonderful. We hate censorship." We 14 particularly hate it if you a take a great 15 American constitutional document and twist its 16 meanings, and so on. 17 The problem is, however, when you 18 interpret that and when you put it in practice, 19 sometimes you find that very difficult. So when 20 you say "no content-based censorship," I submit 21 to you that, far from achieving your purpose, it 22 actually precludes teachers from doing their job 23 and helping to teach children about what the 6159 1 meaning of our history is and the meaning of our 2 wonderful historical documents, because what is 3 clear to you as far as censorship is certainly 4 not clear to me; and I must say the questions I 5 asked you and your answers would seem to leave a 6 lot of doubt as to what is included. When you 7 have to have a whole sentence, you have to have 8 the whole document, you have to put in the 9 citation; and as was pointed out by Senator 10 Dollinger and Senator Waldon, we don't even have 11 that problem. 12 I mean nobody's been able -- you 13 were asked, "Well, where is there a problem?" 14 Where do we find in the schools in this state 15 that anybody is twisting our wonderful tradition 16 of liberty, of democracy, of individual 17 freedom? Where are they twisting it? Where is 18 there a problem? Where has the school board 19 come to us and said, "Oh, my God, we're having 20 such a terrible time; you got to give us some 21 legislation because our teachers don't know what 22 to do?" 23 I have no problem passing bills 6160 1 that -- you know, that try to deal with non 2 problems, but I have problems passing bills that 3 deal with non-problems that create problems, and 4 I think that you are achieving the very thing 5 that you are trying to prevent, if it were a 6 problem which is, by writing it in this way, you 7 are in a certain sense imposing censorship 8 because you are making it difficult for teachers 9 to really express themselves and to do what I'm 10 sure you did in your classroom, which was to try 11 to educate the students in your classroom within 12 the purpose and aim of the class that you were 13 teaching. 14 I'm sure you did an excellent 15 job. I don't think anybody had to tell you 16 about content-based censorship. So I submit to 17 you that really this bill just is going to end 18 up creating a problem, and I think your answers 19 made it very clear that there is no guide that 20 we have, no sensible, logical, clear guide of 21 what is content-based censorship; and, indeed, 22 you are creating that sort of censorship by this 23 bill. 6161 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Paterson. 3 SENATOR PATERSON: Thank you, Mr. 4 President. I was wondering if Senator Maziarz 5 would yield for a couple of brief questions. 6 ACTING PRESIDENT KUHL: Senator 7 Maziarz, do you yield to Senator Paterson? 8 SENATOR MAZIARZ: Sure. 9 ACTING PRESIDENT KUHL: The 10 Senator yields. 11 SENATOR PATERSON: Thank you, 12 Senator. Senator Maziarz, we have in our 13 Constitution Article I, Section 2, Clause 3, 14 which was the section of the Constitution that 15 allowed for slavery in this country and, for 16 purposes of population counting, counted these 17 slaves as 3/5 of an individual for purposes of 18 taxation. 19 Also in the Constitution, there 20 was added Article IV, Section 2, Clause 3, which 21 was the article that provided for the recovery 22 of runaway slaves. 23 Now, because of the passage of 6162 1 the Thirteenth, Fourteenth and Fifteenth 2 Amendments, in many copies of the Constitution, 3 it is said in a sort of scholarly way that this 4 article, Article IV, Section 2, Clause 3, 5 doesn't have any real meaning based on the 6 subsequent passage of the Thirteenth, Fourteenth 7 and Fifteenth Amendments. So, many times, when 8 the Constitution is actually printed out that 9 section, Article IV, is deleted. 10 Are you saying that that section 11 should be put in because in the original 12 drafting of the Constitution, it was there? 13 SENATOR MAZIARZ: I would say, 14 Senator, that in the original drafting it was 15 there, but in the Constitution as it now reads, 16 it is not there, and what I'm saying is if the 17 teacher wants to post the Constitution of the 18 United States or the Constitution of the State 19 of New York, they should post it the way that it 20 is in the form that it's in right now. 21 ACTING PRESIDENT KUHL: Senator 22 Paterson. 23 SENATOR PATERSON: Senator, 6163 1 that's the question I'm asking you. Do you 2 think that the articles should be or should not 3 be there? 4 SENATOR MAZIARZ: The articles 5 that have been deleted from the Constitution? 6 SENATOR PATERSON: Mr. 7 President. What I'm saying, Senator Maziarz, is 8 that those articles have never been deleted from 9 the Constitution. 10 ACTING PRESIDENT KUHL: Senator 11 Maziarz. 12 SENATOR MAZIARZ: I'm saying that 13 the Constitution should be posted in the manner 14 that it is in law right now and on the books. I 15 guess I don't understand the question. 16 SENATOR PATERSON: Okay. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Let me try to 20 explain again. The article that I am referring 21 to has never been deleted from the Constitution. 22 It's never been taken out. It's always been 23 there. But due to the passage of the 6164 1 Thirteenth, Fourteenth and Fifteenth Amendments, 2 it doesn't have any real meaning. So when the 3 Constitution is printed-- and you will see many 4 manuals that print the Constitution -- they 5 don't list it any more, and I'm asking you, 6 would they be in violation of your law if they 7 did not list it? 8 SENATOR MAZIARZ: No, they would 9 not be, Senator. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: What I'm 13 saying, Senator Maziarz, is my interpretation of 14 your bill is that they would be in violation of 15 the spirit of your legislation if they don't 16 list it, because in the original Constitution 17 it's never been deleted; and so, therefore, it 18 should stay. It should not be deleted by 19 anybody when printing a copy of the 20 Constitution. So I'm saying my interpretation 21 of your bill without, you know, giving you any 22 personal comment but just my interpretation of 23 the legislation, is that under what your bill 6165 1 says, that the historic documents have to be 2 printed accurately, that the most accurate way 3 to reflect what Article IV, Section 2, Clause 3, 4 means is to list it. 5 SENATOR MAZIARZ: I'm sorry, 6 Senator. You have an incorrect interpretation. 7 That's your interpretation. You can certainly 8 vote based on your interpretation if you like. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson, you have the floor. 11 SENATOR PATERSON: Mr. President, 12 before I even vote, I just want to understand 13 and what I'm trying to understand is -- if 14 Senator Maziarz would yield for a question? 15 SENATOR MAZIARZ: Yes. 16 ACTING PRESIDENT KUHL: Senator 17 Maziarz, do you yield? The Senator yields. 18 SENATOR PATERSON: I just want 19 you to explain to me how I'm wrong. The article 20 that I'm referring to has never been deleted. 21 It has never been deleted by any government 22 body; and so, since it hasn't been deleted, why 23 do they continue to print the Constitution and 6166 1 not put it there? In other words, what I'm 2 saying under your bill is, it should be printed 3 and you are saying that's an incorrect 4 interpretation, and I don't understand that 5 because I'm relying on your bill to provide me 6 with the scope for which I'm making the 7 interpretation. 8 SENATOR MAZIARZ: Well, certainly 9 those amendments have been superseded by the 10 Thirteenth, Fourteenth and Fifteenth Amendments, 11 as you pointed out, Senator. 12 SENATOR PATERSON: Well, Senator, 13 if I would give an example, I would go back to 14 your example of the Pledge of Allegiance 15 because, although the references to God are in 16 the Pledge of Allegiance now, they were not in 17 the original version which was -- we started 18 using the Pledge of Allegiance in 1911, and the 19 reference to God, which I would always want to 20 keep and I'm sure you would too, was first 21 brought into being in 1953 during the Eisenhower 22 Administration. 23 So I'm just using your example to 6167 1 say that in the original form, now that we have 2 added the reference to God, it would seem to me 3 that I would want to know whether or not anyone 4 printing the original form would be wrong under 5 your legislation, based on how you answered the 6 question relating to Article IV. 7 SENATOR MAZIARZ: Would they be 8 wrong? 9 SENATOR PATERSON: That's what 10 I'm asking. 11 SENATOR MAZIARZ: Yes, because 12 the document has the word "God" in it now. 13 SENATOR PATERSON: Okay. And 14 that part I understand totally, because what you 15 are attempting to do in this legislation is to 16 stop someone who wants to substitute their own 17 interpretation of what the Constitution or the 18 Declaration of Independence should be, based on 19 their opinion, particularly to school children 20 who could, in many ways, be manipulated to think 21 one thing when, in reality, that's not what the 22 Constitution or the Declaration of Independence 23 says, and that's what I think your bill means, 6168 1 and I'm going to vote for your bill. 2 All I'm asking is that in these 3 other situations where based on superseding 4 legislation there has been an interpretation to 5 remove the preexisting verbiage just for 6 purposes of clarity that your bill does not 7 strike that down. 8 SENATOR MAZIARZ: No, it does 9 not. 10 SENATOR PATERSON: All right. 11 Thank you very much, Senator. 12 ACTING PRESIDENT KUHL: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: Thank you, 15 Mr. President. Would Senator Maziarz yield for 16 a couple of questions. 17 ACTING PRESIDENT KUHL: Senator 18 Maziarz, do you yield to Senator Montgomery? 19 SENATOR MAZIARZ: Yes. 20 ACTING PRESIDENT KUHL: The 21 Senator yields. 22 SENATOR MONTGOMERY: Thank you, 23 Senator Maziarz. You seem to be -- the 6169 1 legislation seems to say that you want to 2 preserve the integrity of the original 3 documents, historical documents, and I notice in 4 the memo in support, you talk about providing 5 young people with an understanding of the 6 foundation of our various cultural heritages, 7 and I'm wondering if you include in the 8 documents that you want to ensure the integrity 9 of writings of people like Fredric Douglass, 10 Dubois, Phyllis Sweetly, those people who were 11 writing during the same period and whose 12 writings are obviously part of our history and 13 culture? 14 SENATOR MAZIARZ: Yes, Senator, 15 if you look on line number 21 at the very end, 16 it says, "and any other primary source or 17 historic document." I put that in there, 18 Senator -- we amended it to put that in there so 19 that it would include -- other documents would 20 be able to be included in the bill. 21 SENATOR MONTGOMERY: Thank you. 22 Senator, if you would yield for one other 23 question. 6170 1 SENATOR MAZIARZ: Yes. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR MONTGOMERY: Recently, 5 there was a school board member in Queens -- I 6 forget his name -- who held up certain books by 7 certain authors. One of those authors was 8 Martin Luther King, and what he was attempting 9 to do was to have any books by Martin Luther 10 King or about Martin Luther King censored from 11 the schools and libraries in that particular 12 school district because he said Martin Luther 13 King was unfit and that he was a thug and it 14 would not be fitting having writings by him in 15 the school. 16 Would your legislation prohibit 17 that kind of decision and action by a school 18 board member in the State of New York? 19 SENATOR MAZIARZ: Yes, I believe 20 it would. I believe it would, Senator. 21 SENATOR MONTGOMERY: All right. 22 Thank you. 23 Mr. President. If Senator 6171 1 Maziarz' bill will, in fact, prevent this kind 2 of outrageous statement and action and attempt 3 to delete from the libraries of a school 4 district or the public libraries in any 5 jurisdiction in this state, prevent people from 6 censoring material by people who have made great 7 contributions to our nation, I certainly support 8 that; and so, therefore, I'm going to vote yes 9 for Senator Maziarz' legislation. 10 Thank you. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger. 13 SENATOR DOLLINGER: Mr. 14 President, just one brief moment. I'll spare 15 Senator Maziarz. Again, I point out that when 16 Senator Daly was up talking about this bill, I 17 asked him a whole bunch of questions as well. 18 I point out this is really a 19 mandate to school districts to tell them what to 20 do. We pass a bill every year that says we will 21 have no more mandates. This Legislature will 22 not mandate anything. But, yet, this bill says 23 we're going to tell you what to do. 6172 1 There's nothing in this bill that 2 says a local school board can't do exactly what 3 Senator Maziarz wants to do. I appreciate 4 that. Let's let local school boards make this 5 decision. They are perfectly capable of doing 6 it. 7 There's no enforcement clause. 8 What happens if they don't do it? No 9 enforcement clause. The whole thing just seems 10 like an idea looking for a problem to solve, and 11 I think the point that Senator Paterson made is 12 absolutely correct. There is revisionism in 13 this country. I'm not afraid of it, but some 14 people would look at the Pledge of Allegiance 15 and say, "My gosh! It was a victim of 16 revisionism." 17 In 1953, in the last Republican 18 contract for America, they decided that the word 19 "under God" should be inserted into the Pledge 20 of Allegiance; and so they revised the Pledge of 21 Allegiance which had been in this country for 22 half a century to conform to their view of what 23 they thought it ought to say. If revisionism is 6173 1 alive and well supposedly in 1990, it was alive 2 and well in the last Republican contract with 3 America back in 1954. We should all be leery of 4 it, yet it's nothing to be afraid of it so long 5 as we understand historically what happened. 6 I repeat, I think this is a 7 solution looking for a problem. I'll vote in 8 favor because I don't want to be unpatriotic. I 9 don't want to tamper with the great documents of 10 America, but I'm not so sure that we're doing 11 anything to solve any real live problem. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the first day of 16 September. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT KUHL: Announce 21 the results when tabulated. 22 THE SECRETARY: Ayes 51, nays 1. 23 Senator Leichter recorded in the negative. 6174 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Chair recognizes Senator 4 Maziarz. 5 SENATOR MAZIARZ: Mr. President, 6 could we please take up Calendar Number 1006. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the title to Calendar Number 1006. 9 THE SECRETARY: Calendar Number 10 1006, Budget Bill, Senate Print 5193, an act to 11 provide for payments to vendors under the 12 marketing and advertising program and making an 13 appropriation therefor. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Paterson. 16 SENATOR PATERSON: Mr. President, 17 do we have a message of appropriation from the 18 Governor on this? 19 ACTING PRESIDENT KUHL: No, we 20 don't, Senator Paterson. We're informed by the 21 second floor that there is no need for a message 22 of appropriation. 23 SENATOR PATERSON: The second 6175 1 floor says there is no need for it. 2 ACTING PRESIDENT KUHL: That's 3 correct. This is similar to many of the 4 appropriation bills that we've taken up for the 5 last, now, about seven weeks. 6 SENATOR PATERSON: Well, Mr. 7 President, I know I have been a little slow. I 8 was spending that time trying to get the staff 9 paid, and so when I finally got past that, I 10 finally got a chance to look at some of this, 11 and it is just the opinion of the Minority 12 Leader, my opinion and that of many others that 13 under Article VII, Section 5, that there should 14 be a message of appropriation from the Governor 15 on an item of necessity such as this, and I 16 would like to make record of the fact that we 17 feel that there should be a message of 18 appropriation. 19 ACTING PRESIDENT KUHL: Certainly 20 the record will reflect your comments, Senator 21 Paterson. 22 Secretary will read the last 23 section. 6176 1 Senator Dollinger. 2 SENATOR DOLLINGER: Which number 3 is this, Mr. President? 4 ACTING PRESIDENT KUHL: Calendar 5 Number 1006. 6 SENATOR DOLLINGER: Is this the 7 "I Love New York" appropriation? 8 ACTING PRESIDENT KUHL: That's 9 correct, Senator Dollinger. 10 SENATOR DOLLINGER: Can we have 11 an explanation of that, and why we need to do 12 this now? Senator Stafford for an explanation? 13 SENATOR STAFFORD: I would just 14 say that Senator DeFrancisco has done and is 15 doing a great deal of work in this field and I'm 16 sure he will explain very clearly why it is 17 necessary for us to take steps which will add to 18 our coffers, and really it's what this budget is 19 all about. 20 ACTING PRESIDENT KUHL: Senator 21 Stafford yields to Senator DeFrancisco for an 22 explanation. 23 SENATOR DeFRANCISCO: In order to 6177 1 have an advertising budget that will mean 2 anything, you have to advertise before the 3 season when people start making plans for their 4 trips. We've had calls in my office from all 5 the area coordinators of tourism indicating that 6 people are already making their plans for the 7 summer. Other states are making their 8 advertising campaigns; they are performing their 9 advertising campaigns and unless we get on 10 board, the most important season, the summer 11 season, is going to be lost and it's essential 12 that we start doing our advertising campaign. 13 ACTING PRESIDENT KUHL: Excuse 14 me, Senator DeFrancisco. 15 Senator Gold, why do you rise? 16 SENATOR GOLD: If he has 17 completed his comments, I wanted to ask him to 18 yield to a question. 19 ACTING PRESIDENT KUHL: Senator 20 Gold, I do have some other members who've 21 indicated that they wanted to speak, prior to 22 your rising. 23 SENATOR GOLD: I'm just asking 6178 1 the gentleman to yield. I want to speak. 2 ACTING PRESIDENT KUHL: If you 3 have no problem with Senator Smith. 4 Senator Smith, do you yield to 5 Senator Gold? 6 Senator DeFrancisco, do you yield 7 to Senator Gold for a question? 8 SENATOR DeFRANCISCO: Yes. 9 ACTING PRESIDENT KUHL: Senator 10 yields. 11 SENATOR GOLD: I don't think 12 there is anybody that I've spoken to on this 13 side who has a problem with what you have said 14 so far, but my understanding, Senator, and if 15 you'll answer this question, is that the $10 16 million is the annual budget that's being 17 requested by the Governor. Isn't that true? 18 SENATOR DeFRANCISCO: That's 19 correct. 20 SENATOR GOLD: Well, if the 21 Senator will yield to another question - 22 SENATOR DeFRANCISCO: Yes. 23 ACTING PRESIDENT KUHL: Senator 6179 1 yields. 2 SENATOR GOLD: Senator, is this 3 advertising budget then for advertising that 4 will take place throughout the whole year? 5 SENATOR DeFRANCISCO: Through the 6 balance of the year, correct. 7 SENATOR GOLD: Well, Senator, if 8 you will yield to one more question. 9 SENATOR DeFRANCISCO: Yes. 10 ACTING PRESIDENT KUHL: Senator 11 continues to yield. 12 SENATOR GOLD: How does 13 advertising next January help people make their 14 plans for this June and July. 15 SENATOR DeFRANCISCO: It doesn't. 16 SENATOR GOLD: Well, Senator, 17 isn't it a fact -- if you will yield to a 18 question? 19 SENATOR DeFRANCISCO: Yes. 20 ACTING PRESIDENT KUHL: Senator 21 continues to yield. 22 SENATOR GOLD: -- that the budget 23 bills that we have out of Finance today are 6180 1 emergency bills for most of it. We give money 2 that gets us through a few weeks here and there, 3 and that all we really need to do at this point 4 with the "I Love New York" program is to 5 authorize advertising money for May and maybe 6 into June, that people making their plans in May 7 and June will see these ads and maybe we'll get 8 them for July and August and maybe at that point 9 maybe have a budget; but I don't understand, and 10 perhaps you can explain it to the house, why the 11 "I Love New York" program rises or falls based 12 upon a budget today for advertising which will 13 not take place until January, February and March 14 of next year. 15 SENATOR DeFRANCISCO: See, 16 advertising doesn't -- even though advertising 17 is airing for the summer season starting now if 18 we can get this passed -- but also there's not 19 only the physical commercial that's out there 20 but there's also agencies that are actually 21 doing planning for the next phase that has to be 22 paid so the commercial will go on time for the 23 next phase. In addition, the local tourism 6181 1 agencies have a matching fund program, as you 2 well know, that will depend upon the type of 3 advertising that we're able to do, and they have 4 to plan as to what we're going to be able to do 5 over the full time. 6 Now, presumably, we can say, "All 7 right, make this a $5 million special 8 appropriation." It's not out of the question. 9 It just happens to be the full amount. It would 10 make most sense for planning to have the 11 advertising agency be able to do the whole 12 planning for the entire year so that the 13 advertising will be ready at the appropriate 14 time. 15 SENATOR GOLD: Will Senator yield 16 to another question? 17 ACTING PRESIDENT KUHL: Senator 18 continues to yield. 19 SENATOR DeFRANCISCO: Yes. 20 SENATOR GOLD: Senator, I saw a 21 note around today, and I don't know whether it's 22 accurate or not, but it seemed to indicate that 23 -- here it is right here. It seemed to 6182 1 indicate that the Assembly was suggesting a 2 version of this that was at $7 million, and we 3 don't have a budget. Senator, can you conceive 4 of any situation where, when we did our final 5 budget, the city of Syracuse would need $3 6 million and that you might say at that point 7 that the "I Love New York" program might do 8 terrific at 7 million if the other 3 million 9 might go to Syracuse? Don't you think that 10 might at some point handle itself into the 11 negotiations of a total budget? 12 SENATOR DeFRANCISCO: No, 13 Senator. I try to look at this as a global 14 state budget rather than my parochial interest 15 in the city of Syracuse, although I have an 16 interest in that, as well. 17 But in all seriousness, I think 18 that the tourism industry is the second largest 19 industry in this state. For years, before my 20 time, we were spending $17-18 million a year in 21 this advertising campaign. The tourism business 22 has been hurt substantially over the last 23 several years; $10 million is not enough to do 6183 1 what we need to generate economic activity and 2 to help all the tourist attractions in this 3 state, so I can conceive of a need for Syracuse, 4 for Buffalo, for whatever other city, but not 5 out of this pot because it's already been 6 depleted, and this will generate a substantially 7 greater income and resources, so maybe there is 8 a bigger tax base that we can use to help 9 Syracuse and your city as well. 10 SENATOR GOLD: Thank you. If the 11 Senator will yield to one more question. 12 ACTING PRESIDENT KUHL: Senator 13 DeFrancisco yield? 14 SENATOR DeFRANCISCO: Yes. 15 ACTING PRESIDENT KUHL: The 16 Senator yields. 17 SENATOR GOLD: Senator, I'm not 18 going to stand here and question your concerns 19 about the people of Syracuse. I think that your 20 sincerity is there, but I remember a day earlier 21 this year, within the last seven weeks, when the 22 Senate was supposedly passing a complete budget 23 one day, and you voted for that, and the next 6184 1 day you had a bill to change and to add on 2 because something important to Syracuse was left 3 out, and my only concern, Senator, is not for 4 the tourism program or not for the tourism 5 industry -- because I am concerned about the 6 tourism industry and I'm concerned about the 7 program. What I am concerned about is the fact 8 that we have been handling emergency bills as we 9 need them, and here is one situation where we do 10 not have to make the total commitment; and in 11 the final judgment on the budget, it may be that 12 the schools need that extra 3 million. Maybe 13 it's $5 million. It may be a lot of things. 14 I don't even know whether the 15 Assembly is committed to this bill, again. God 16 forbid people talk to each other except for in 17 the newspapers, but my understanding is they may 18 not even handle this bill at $10 million, that 19 they are willing to go for the program and maybe 20 even for an emergency appropriation. So I don't 21 know why we have a confrontation on this, when 22 the fact is, Senator, I believe you that we have 23 to encourage tourism. I believe you that the 6185 1 program, the "I Love New York" program, is 2 important, so I don't know why we don't - 3 not -- we depoliticize it and pass an emergency 4 appropriation that gets it rolling and on its 5 way while we finish the budget negotiations. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger, do you wish to speak? 8 (There was no response.) 9 Senator Smith is next. Senator 10 Smith waives. 11 Secretary will read the last 12 section. 13 Senator Paterson. 14 SENATOR PATERSON: Mr. President, 15 earlier, I made an objection just to the failure 16 of the body to be using the message of 17 appropriation from the Governor, and I think 18 this is just a little bit of an example of it 19 because the overriding point that I think 20 Senator Gold -- and he made several points, but 21 the one that he really drove home to me is the 22 fact that we're appropriating the annual amount 23 rather than what would be, say, 1/26 of it, 6186 1 which is what we're doing in these messages of 2 appropriation which are really items of 3 necessity, things that are urgent, that we need 4 right now; and I'm sure that we can plan a 5 budget for advertising to the very important 6 industry of tourism in this state, but I just 7 think that it's not really fair to the rest of 8 the budget process and to all of the other 9 appropriations of need that we have to come to 10 -- being 52 days late, as we are, to be putting 11 this one in front of others. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger now. 14 SENATOR DOLLINGER: Mr. 15 President. Will Senator DeFrancisco yield to 16 one question? 17 ACTING PRESIDENT KUHL: Senator 18 DeFrancisco, do you yield to Senator Dollinger? 19 SENATOR DeFRANCISCO: Yes, I 20 will. 21 ACTING PRESIDENT KUHL: Senator 22 yields. 23 SENATOR DOLLINGER: Senator, how 6187 1 much do you anticipate "I Love New York" would 2 spend in the next month? 3 SENATOR DeFRANCISCO: The next 4 month or what should have been spent in the past 5 three months? 6 SENATOR DOLLINGER: We can't do 7 anything about what should have been spent in 8 the last three months. The question is how much 9 -- I appreciate your comment. If we're going 10 to spend the money, we've got to spend it now, 11 but how much are we going to spend in the next 12 month? Are we going to spend all 10 million? 13 SENATOR DeFRANCISCO: No, we're 14 not going to spend all 10 million, but you got 15 to realize we're also behind from what should 16 have been spent and paid to those providers who 17 got us to this point to get the advertising 18 ready for airing, so I can't precisely tell you, 19 to be honest with you, the amount. It's a 20 percentage of the 10 million. I don't know. 21 SENATOR DOLLINGER: I appreciate 22 that -- through you, Mr. President, just on the 23 bill. 6188 1 I appreciate that dilemma. I 2 think our position, at least mine is, we have 3 handled emergency appropriations to pay for the 4 bills for a two-week period. We have other 5 vendors who are out there, frankly vendors who 6 are calling me saying, "Where is the rent? We 7 are now two months behind in the rent. I'm out" 8 -- in one case -- "$27,000 from the State of 9 New York and I don't have any money." They are 10 a vendor that would love to be paid, too; and we 11 have taken a position -- the second floor has 12 taken a position that those bills are not going 13 to be paid because they are not part of the 14 emergency appropriations to keep the state 15 going. 16 Here we are giving preferential 17 treatment to the people who happen to be in the 18 advertising industry. I understand the basis 19 for that because I agree with you, Senator, if 20 we don't spend the money now, it's going to be a 21 dry summer in our tourist business. 22 This highlights the problems that 23 are created by a delayed budget, but it seems to 6189 1 me to authorize the whole 10 million, as Senator 2 Gold in his questions pointed out, now when what 3 we should do is give it 2.5 million -- this is 4 the big time. Let's put 2.5 million into the "I 5 Love New York" campaign, so while we fiddle 6 around with the budget we can get the tourist 7 message out, but to authorize the thing for the 8 whole year is inconsistent with what we have 9 done in our prior emergency appropriations. 10 ACTING PRESIDENT KUHL: Senator 11 Abate. 12 SENATOR ABATE: Would Senator 13 DeFrancisco yield to a question? 14 ACTING PRESIDENT KUHL: Senator 15 DeFrancisco, do you yield to a question from 16 Senator Abate? 17 SENATOR DeFRANCISCO: Yes, I do. 18 ACTING PRESIDENT KUHL: The 19 Senator yields. 20 SENATOR ABATE: Yes, I just need 21 some clarification. The $10 million, that 22 represents the annual appropriation for this 23 program, does that exceed last year's total 6190 1 appropriation? 2 SENATOR DeFRANCISCO: By a few, a 3 very few dollars. 4 SENATOR ABATE: How many dollars 5 is a few? 6 SENATOR DeFRANCISCO: 500,000, if 7 I'm not mistaken. It was around there, one of 8 the sides - 9 SENATOR ABATE: Right. 10 SENATOR DeFRANCISCO: It's about 11 the same amount. 12 SENATOR ABATE: Wouldn't you say, 13 though, even if it exceeded it by 10,000, now 14 maybe half a million dollars, isn't that an 15 issue that should be addressed through the 16 budget negotiations? 17 SENATOR DeFRANCISCO: Of course. 18 SENATOR ABATE: But, yet, we are 19 now -- if we pass this in the Senate, we are 20 furthering an additional $500,000 appropriation 21 over last year without a full discussion whether 22 this program merits that growth. 23 SENATOR DeFRANCISCO: Well, when 6191 1 you say "full discussion," what full discussion 2 have we had so far in the budget negotiation 3 process? 4 SENATOR ABATE: But there is a 5 process in terms of the budget, and this is, in 6 effect, going through an independent means, and 7 shouldn't -- my suggestion is clearly this is a 8 worthwhile program; it should be funded. We 9 have to make sure it's not paralyzed because of 10 the budget delay, but my concern is, do we need 11 to spend the full year and in excess of last 12 year? That also troubles me, that we're not 13 only funding it a full year but another $500,000 14 which may or may not be warranted, and that 15 really should be within the budget process and 16 in negotiations. 17 SENATOR DeFRANCISCO: From my 18 perspective, I agree with you. It should be 19 part of the process as everything else is, but 20 all I'm guessing is it's been grossly 21 underfunded in comparison to prior years, and 22 from my position as chairman of the tourism 23 committee, I think this is a wonderful 6192 1 opportunity for the tourism people who have been 2 neglected over this period of time to have a 3 decent advertising campaign, and budget 4 negotiations should be talking about more money 5 so that we can have more economic growth in this 6 second biggest industry in this state, so I 7 agree with you in philosophy but from a 8 practical standpoint, from my perspective, this 9 is grossly under what we should have, and we 10 should have more in the budget process. 11 SENATOR ABATE: But isn't this - 12 ACTING PRESIDENT KUHL: Senator 13 DeFrancisco, do you continue to yield? 14 SENATOR DeFRANCISCO: Yes. 15 SENATOR ABATE: Yes. Thank you. 16 ACTING PRESIDENT KUHL: Senator 17 continues to yield. 18 SENATOR ABATE: But isn't this an 19 unusual way to use the emergency appropriation 20 process to now say that not only do we want to 21 fund it so it stays whole and stays on the right 22 track, but we want to fund it beyond last year's 23 growth, and it seems to me that's not the 6193 1 purpose of an emergency appropriation. 2 So I would ask you along with my 3 colleagues to consider an accounting, what's 4 been spent, what needs to be appropriated over 5 the next couple of months so the program is not 6 jeopardized. I don't think through an emergency 7 appropriation process we should be funding this 8 program in excess of last year's dollars. 9 SENATOR DeFRANCISCO: I 10 understand. Thank you. 11 ACTING PRESIDENT KUHL: Senator 12 Waldon. 13 SENATOR WALDON: Thank you very 14 much, Mr. President. 15 Would Senator DeFrancisco yield 16 to a question or two? 17 SENATOR DeFRANCISCO: Yes. 18 ACTING PRESIDENT KUHL: The 19 Senator yields. 20 SENATOR WALDON: Senator, are you 21 able to tell us which company will be the lead 22 company on this advertising campaign? 23 SENATOR DeFRANCISCO: I can tell 6194 1 you. I just can't remember the name. It was 2 hired a while back. I can find that out for you 3 momentarily, but it has been selected. It was 4 selected some time ago. 5 SENATOR WALDON: If I may 6 continue, Mr. President. 7 ACTING PRESIDENT KUHL: Senator, 8 do you continue to yield? 9 SENATOR WALDON: Senator, can you 10 advise us if this was one of three companies 11 which submitted bids for this opportunity? 12 SENATOR DeFRANCISCO: It was part 13 of a bid process, correct. 14 SENATOR WALDON: If I may 15 continue, Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 DeFrancisco, do you continue to yield? 18 SENATOR DeFRANCISCO: Yes. 19 ACTING PRESIDENT KUHL: Senator 20 continues to yield. 21 SENATOR WALDON: Senator, I have 22 an awareness -- and I'm going to say this and 23 then ask a question. I have an awareness of the 6195 1 advertising industry. My wife was an assistant 2 art director of one of the major advertising 3 firms in this state and at a very young age 4 received national recognition in that capacity. 5 So I understand story boards. I understand what 6 it means to buy print. I understand what it 7 means to do air time, the whole nine yards, not 8 from personal experience, but just observing her 9 for many, many years. 10 Can you tell us what kind of 11 campaign has been proposed for the $10 million 12 dollars and why we had to do it all at once in 13 that regard to the specific program, because 14 normally in these situations you pay as you go. 15 You don't pay the whole thing up front; you pay 16 a part. When that piece is delivered, you pay 17 the second part; that piece is finished, you pay 18 the next part. 19 SENATOR DeFRANCISCO: I don't 20 know the payment schedule, but I do know we had 21 a committee meeting of the tourism committee 22 about a month and half ago where the advertising 23 agency came up, showed us all the story boards, 6196 1 all the print, gave us examples of the items 2 they were considering. I remember Senator 3 Hoffmann was there, made suggestions as to other 4 types of commercials that she felt would be more 5 appropriate, for example, using the canal system 6 as one of the bases, and using some of our 7 historic battlefields as another tourism 8 attraction. 9 That was done about a month and 10 half ago. The payment schedule, I really can't 11 tell you. I know it's not the full 10 million. 12 I can clearly say that, but the process is 13 ongoing for the rest of the year, as well. 14 SENATOR WALDON: If I may, Mr. 15 President. 16 ACTING PRESIDENT KUHL: Senator 17 DeFrancisco, do you continue to yield? 18 SENATOR DeFRANCISCO: Yes. 19 SENATOR WALDON: Senator, I don't 20 want to - 21 ACTING PRESIDENT KUHL: Senator 22 continues to yield, Senator Waldon. 23 SENATOR WALDON: Yes, thank you, 6197 1 Senator. I don't want to really ask the 2 question. I would like to make a request in 3 closing, that when you get the information on 4 the payment schedule and which company is being 5 utilized and other information, for those of us 6 who are not on the tourism committee, if you 7 would be kind enough to share that information 8 with us, I'd greatly appreciate it. 9 Thank you, Mr. President. Thank 10 you, Senator. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Smith. 13 SENATOR SMITH: Thank you, Mr. 14 President. Would Senator DeFrancisco yield for 15 one question? 16 SENATOR DeFRANCISCO: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 yields. 19 SENATOR SMITH: Senator, could 20 you possibly tell me what amount was set aside 21 in the Senate Republican version of the budget 22 that was voted on in this house in March of this 23 year? 6198 1 SENATOR DeFRANCISCO: The same 2 amount as the Governor had, 10 million, last 3 year's amount. It was last year's. I think - 4 I got to correct myself. The extra 500,000 was 5 actually for the matching funds for the 6 agencies, the TPAs throughout the state. The 7 actual advertising budget was actually the same 8 as this past year. 9 SENATOR SMITH: You are saying 10 that this is the amount that you had originally 11 requested for the entire year in the -- in your 12 particular budget? 13 SENATOR DeFRANCISCO: That's 14 correct. 15 SENATOR SMITH: The one that you 16 then changed a few days later? 17 SENATOR DeFRANCISCO: No, no. 18 The Governor recommended 10 million in 19 advertising. The Senate passed the same 10 20 million in the advertising budget which was the 21 same as last year. 22 SENATOR SMITH: Thank you. 23 ACTING PRESIDENT KUHL: Secretary 6199 1 will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 SENATOR GOLD: Mr. President. 5 ACTING PRESIDENT KUHL: Call the 6 roll. Senator Gold to explain his vote. 7 (The Secretary called the roll.) 8 SENATOR GOLD: Mr. President. I 9 don't think the issue is the "I Love New York" 10 program. I think it's a wonderful program, and 11 I'm glad the Governor is committed to continue 12 it. But there is a major principle here. 13 If I listen to Senator 14 DeFrancisco about localities having to plan, 15 Senator, I know you are in a hurry but the 16 localities also have to plan about their school 17 budgets, and we're driving them crazy on their 18 school budgets. They have to plan on 19 transportation costs, whether they are going to 20 have increases in the transportation costs. 21 There are day care centers, there 22 are senior centers, all wondering whether they 23 will be kept open throughout the year. 6200 1 The Assembly, as I'm told, will 2 not pass the 10 million. So we wind up doing 3 nothing for the "I Love New York" program. I 4 personally would have no trouble voting for 2 5 million, 2.5 million, if that's what it takes to 6 get us going and get us back through the summer; 7 but as a matter of principle, it's totally 8 irresponsible to vote for one item of the budget 9 and say that this 10 million must be held in 10 place, but we don't know what the school kids 11 are going to get; we don't know what's going to 12 happen to SUNY and CUNY; we don't know what's 13 going to happen to medical costs, and nursing 14 homes. It's a ridiculous way to do a budget. 15 An emergency bill is fine. This is not an 16 emergency bill. This is one isolated item, and 17 it shouldn't be handled at the 100 percent 18 level. 19 I vote no. 20 ACTING PRESIDENT KUHL: Senator 21 Gold in the negative. 22 Senator Dollinger to explain his 23 vote. 6201 1 SENATOR DOLLINGER: To explain my 2 vote, Mr. President. 3 I concur with everything that 4 Senator Gold said except I would add one other 5 one. There are construction workers in my 6 district who are sitting in the hall waiting to 7 be called out because this state hasn't passed 8 the budget. They would like to go to work on 9 projects that are going to be authorized by this 10 state in the budget. There are projects that 11 are going to be bonded that are going to put 12 those people to work. They are waiting for us 13 to finish the budget, just like the day care 14 workers and everyone else that Senator Gold 15 mentioned. 16 I got that idea from my 17 colleague, Senator Jones, who perhaps isn't as 18 interested in jumping up to point that out, but 19 I think that's critical too. There are lots of 20 people waiting for that budget. If we're going 21 to prefer "I Love New York" for funding, we 22 should just give them what's needed, $2 million, 23 $2.5 million. If it's $3 million due, give them 6202 1 the $3 million and deal with the issue later. 2 I will be voting no. 3 ACTING PRESIDENT KUHL: Senator 4 Jones to explain her vote. 5 I apologize. If I had known 6 Senator Dollinger was going to steal your 7 thunder, I would have called on you first. 8 SENATOR JONES: I am very 9 uncomfortable the way we're approaching this. I 10 certainly support the tourism. I think we have 11 to get it started for the summer, but, you know, 12 we made people worry from week to week whether 13 or not they were going to be able to pay their 14 mortgage. As Senator Dollinger pointed out, and 15 I know I'm getting those phone calls, we got 16 people sitting there waiting. Are they even 17 going to be able to get enough weeks work on 18 construction to get unemployment, because the 19 season is going to end before they start work. 20 So I feel very uncomfortable 21 singling out one single piece here and giving 22 them their entire year's budget with so many 23 things left hanging. 6203 1 I certainly would have supported 2 it if you could have given me the figure that it 3 would have taken to get the summer going and 4 whatever number of months, I could have 5 supported it, but I can't support it the way 6 it's out here today. 7 I vote no. 8 ACTING PRESIDENT KUHL: Senator 9 Jones in the negative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1006 are 13 Senators Abate, Connor, Dollinger, Gold, Jones, 14 Mendez, Montgomery, Onorato, Paterson, Smith and 15 Senator Waldon. Ayes 42, nays 11. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Chair recognizes Senator Maziarz. 19 SENATOR MAZIARZ: Mr. President. 20 Could we please take up Calendar Number 1002, 21 please. 22 ACTING PRESIDENT KUHL: Secretary 23 will read Calendar Number 1002. 6204 1 THE SECRETARY: Calendar Number 2 1002, Budget Bill, Senate Print 5189, an act to 3 provide for payments to licensed day care 4 centers and family day care homes under the 5 child and adult care food program. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 3. 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 53. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Mr. President. 18 Can we please take up Calendar Number 1003. 19 ACTING PRESIDENT KUHL: Secretary 20 will read Calendar Number 1003. 21 THE SECRETARY: Calendar Number 22 1003, Budget Bill, Senate Print 5190, an act 23 making an appropriation for the support of 6205 1 government. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Mr. President. 14 May we please take up Calendar Number 1004, 15 please. 16 ACTING PRESIDENT KUHL: Secretary 17 will read Calendar Number 1004. 18 THE SECRETARY: Calendar Number 19 1004, Budget Bill, Senate Print 5191, an act 20 making an appropriation for the support of 21 government. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 6206 1 THE SECRETARY: Section 4. 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 53. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Maziarz. 10 SENATOR MAZIARZ: Mr. President. 11 Can we please take up Calendar Number 1007. 12 ACTING PRESIDENT KUHL: Secretary 13 will read Calendar Number 1007. 14 THE SECRETARY: Calendar Number 15 1007, Budget Bill, Senate Print 5194, an act to 16 provide for payments to municipalities and to 17 providers of medical services under the medical 18 assistance program. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 6207 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Maziarz. 7 SENATOR MAZIARZ: Mr. President. 8 Can we please take up Calendar Number 1055. 9 ACTING PRESIDENT KUHL: Secretary 10 will read Calendar Number 1005. 11 THE SECRETARY: Calendar Number 12 1005, Budget Bill, Senate Print 5192, an act to 13 provide for payments to pharmacies under the 14 Elderly Pharmaceutical Insurance Coverage 15 Program and making an appropriation therefor. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 3. 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 53. 6208 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Maziarz. 4 SENATOR MAZIARZ: Mr. President. 5 May we return to the controversial calendar, 6 please. 7 ACTING PRESIDENT KUHL: Secretary 8 will continue to call the controversial calendar 9 commencing with Calendar Number 475. 10 THE SECRETARY: On page number 11 16, Calendar Number 475, by Senator Cook, Senate 12 Print 4140A, an act to amend the Education Law. 13 SENATOR COOK: Lay it aside for 14 the day. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day at the request of the 17 sponsor. 18 THE SECRETARY: Calendar Number 19 501, by Senator Farley, Senate Print 2674, an 20 act to amend the Personal Property Law and the 21 General Business Law, in relation to the taking 22 of a purchase money security interest. 23 SENATOR PATERSON: Explanation. 6209 1 ACTING PRESIDENT KUHL: Senator 2 Farley, an explanation has been asked for by 3 Senator Paterson. 4 SENATOR FARLEY: Thank you, Mr. 5 President. This bill would entail -- excuse 6 me. It would enable retail merchants in New 7 York to take a security interest in certain high 8 value merchandise sold under the revolving 9 credit agreement. New York is the only state in 10 the nation which prohibits a security interest. 11 There is no evidence that in the other 49 states 12 that the consumers are harmed or merchants 13 unduly enriched by the ability to receive 14 payment for goods purchased. 15 This bill also contains consumer 16 protection provisions far in excess of any other 17 state. They have been described by a committee 18 of the State Bar Association as landmark in 19 nature. That's in consumer protection. 20 The retail industry in New York 21 State employs nearly a million people, many 22 part-time and low-income people. Retail 23 employment is in decline. Restrictive laws 6210 1 which prevent merchants from collecting payment 2 for items sold can only contribute to business 3 losses which lead to job losses. 4 This bill is essentially the same 5 which passed both houses in 1992. The Senate 6 vote was 44 to 16, and it was vetoed by then 7 Governor Cuomo. 8 The veto referenced the overall 9 interest rate deregulation issue, and that issue 10 was resolved in 1994. That was the reason for 11 his veto because he wanted to see deregulation 12 of interest. 13 The companion Assembly bill is 14 sponsored by Assemblymen Feldman, Farrell, 15 Lafayette, Green, Kaufman and Ramirez. I expect 16 that this bill will become law. 17 ACTING PRESIDENT KUHL: Chair 18 recognizes Senator Paterson. 19 SENATOR PATERSON: Thank you, Mr. 20 President. Would Senator Farley be willing to 21 yield for a question? 22 SENATOR FARLEY: I would be happy 23 to. 6211 1 ACTING PRESIDENT KUHL: Senator 2 Farley, do you yield? Senator yields. 3 SENATOR PATERSON: Senator 4 Farley, why is there no minimum financial amount 5 level that would be the level that would trigger 6 a repossession process? 7 SENATOR FARLEY: Why is there no 8 minimum? 9 SENATOR PATERSON: Right. For 10 instance, if a person is $5 in arrears, after 11 the 30-day period has elapsed, theoretically you 12 might be able to come over and repossess 13 something that costs thousands of dollars. 14 SENATOR FARLEY: We're talking 15 about a significant item and, of course, again, 16 it has to be more than $200. 17 I understand your question. I'm 18 just checking to see if there is -- the account 19 must be in default for 30 days before the notice 20 is sent. The buyer is given an additional 30 21 days. 22 All right. I don't have that. 23 Gosh, he's got about 15 pages here of 6212 1 information. 2 I can't answer that question, 3 Senator Paterson. I'm sorry. Why is there no 4 minimum? I guess there isn't one. There is on 5 almost all security interest, I could answer it 6 that way. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Thank you, 10 Senator Farley. I have a couple of other 11 questions, if Senator Farley will yield. 12 ACTING PRESIDENT KUHL: Senator 13 Farley, do you continue to yield? 14 SENATOR FARLEY: All right. 15 ACTING PRESIDENT KUHL: Senator 16 does. 17 SENATOR PATERSON: Senator 18 Farley, I notice that the agreements are not 19 written in large type. Also for those who might 20 not have had the presentation made in English, 21 the agreements are not written in the same 22 language as the presentation may have been, and 23 you said earlier that it has the strongest 6213 1 consumer protection issues that are involved in 2 any other state, but I find the two of them to 3 be important issues. 4 But if you would yield for a 5 question, and you said that you would, my 6 question is, at the time that the account is 7 actually opened, there has to be a notification 8 of the buyer that there is this security 9 interest, but the item that may be bought at 10 that time might not actually be one that is over 11 $200, so it is not necessarily eligible; in 12 other words, we're just allowing the consumer to 13 know that a security interest exists, that they 14 are in an account that could later have a 15 security interest. 16 My question is, at the point that 17 they actually purchase the item that could be 18 repossessed, do you think it would have been 19 better to have written the legislation to 20 reflect it at that time as well, because that's 21 the real big ticket item, and that's -- the 22 consumer down the road may not realize he would 23 incur the repossession? 6214 1 SENATOR FARLEY: Okay. Let me, 2 generally speaking, discuss disclosure 3 requirements, and we did expand them. You know, 4 over the last two decades, several changes have 5 taken place in both the state and federal 6 treatment of these types of financing agreements 7 and in the practical application and management 8 of consumer financing accounts, the major change 9 in federal regulation in 1982 was the "truth in 10 lending." That is Federal Reserve Regulation 11 Z. Because New York's closed end agreements 12 permit more than one transaction on an account, 13 the amendments treated them as open-ended for 14 federal disclosure purposes. 15 Similarly New York's personal 16 property law subjects both types of accounts to 17 the disclosures required in the "Truth in 18 Lending" regulation; hence, as far as the 19 consumer can see, there is no distinction 20 between the types of account as far as regulated 21 disclosure is concerned. 22 SENATOR PATERSON: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 6215 1 Paterson. 2 SENATOR PATERSON: I have one 3 last question, Senator Farley. 4 ACTING PRESIDENT KUHL: Senator 5 Farley, do you yield to one more question? The 6 Senator yields. 7 SENATOR FARLEY: I'll try. 8 ACTING PRESIDENT KUHL: Senator 9 Farley, as you know, many of these retailers 10 have in their agreements very high, almost 11 astronomical, interest rates, 18 to 23 percent 12 at times and, if we are going to pass this bill 13 which is going to be adding protection for 14 retailers, why are we not insisting that the 15 retailers bring these interest rates down to 16 consumers of New York State? 17 SENATOR FARLEY: Well, that's an 18 ongoing question. So many times on the interest 19 rates with credit cards, and so forth -- I don't 20 want to go into past history, but when Senator 21 D'Amato proposed capping credit card interest 22 rates, it really blew up from the point of view 23 -- from the general public's point of view that 6216 1 they just will not make them available to people 2 that -- that want the credit cards and revolving 3 credit. 4 I couldn't agree with you more, 5 and I would have -- probably concur that, for 6 instance, some of these retail rates are very, 7 very high, but people that want to use them and 8 avail themselves to it that need that item and 9 they're willing to pay that, that's all part of 10 the marketplace and, believe me, even in the 11 area of credit cards -- because I'll use that as 12 a retail credit situation -- there are 13 competitive rates that are down to seven and 14 eight percent. 15 You can see those -- Senator 16 Markowitz, I think, announced last year in Money 17 Magazine and in some of the other financial 18 magazines where you can apply for a credit card 19 that has lower interest rates as I'm sure that 20 retailing, which is very competitive, will 21 probably bring down the rates on some of these 22 security interests in order to attract business. 23 SENATOR PATERSON: Mr. President. 6217 1 SENATOR FARLEY: I can't justify 2 the high rates standing here, Senator Paterson. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Mr. President, 6 may I make a suggestion to Senator Farley? 7 SENATOR FARLEY: Sure. 8 SENATOR PATERSON: Why don't we 9 sunset this particular legislation, Senator, and 10 then at that point we would be able to gauge 11 whether or not the interest rates went down, and 12 the reason I make the suggestion is because what 13 drove the interest rates to the point that they 14 are now, averaging sometimes 20 percent, which 15 is really quite a lot, was the fact that they 16 were not secured creditors, the fact that they 17 were unsecured so, in other words, this was the 18 reason that they told us they needed to have 19 this interest rate, but now that they've come 20 and told us that they want to create a 21 circumstance where they are secured creditors, 22 they haven't said, "And when you do, we'll let 23 you have the interest rate back." I think 6218 1 they're kind of having their cake and eating it 2 too. 3 So my suggestion is that we have 4 some sort of opportunity to give ourselves a 5 second chance, lest the consumers of New York 6 State, all around the state, would suffer from 7 now being put in this position of having 8 repossessions and at the same time you are 9 paying, I think, exorbitantly high interest 10 rates. 11 SENATOR FARLEY: Well, Senator 12 Paterson, you make the point but, again, let's 13 go back to square one where we started. 49 14 states allow the consumer to be able to buy 15 these items with a security interest. 16 Otherwise, they wouldn't be able to purchase 17 it. We could have a sunset in this, but all 18 we're doing is bringing New York State in line 19 with the rest of the nation in allowing our 20 consumers to make that choice. 21 Now, we could sunset this and do 22 many other things but, again, with deregulation, 23 if there's anything that is competitive in our 6219 1 society -- and I happen to think that the 2 financial industry is competitive, but it's 3 certainly retailing -- we see how viciously 4 competitive sometimes they are as far as driving 5 other people out of business. I think that 6 maybe you're going to see Congress or the 7 Legislature look at some of these unfair trade 8 practices in retailing because they drive people 9 out of business. 10 I truly believe that this offers 11 the consumer the most protection of any security 12 interest legislation in the nation. It's been 13 applauded in different retailing magazines. It 14 also gives the consumer of New York State an 15 opportunity to have security interests to be 16 able to buy rather expensive property when, 17 let's say, their credit is not the best in the 18 world, that they wouldn't be able to go out and 19 get a low interest loan, and you're speaking of 20 persons -- generally speaking young people that 21 are trying to get started, and so forth, 22 building up their credit and building up an 23 opportunity to set up a home. 6220 1 I think it's a good piece of 2 legislation and one that has been pretty 3 generally received in both houses here in the 4 Legislature. 5 ACTING PRESIDENT KUHL: Senator 6 Paterson. 7 SENATOR PATERSON: Mr. President, 8 I want to thank Senator Farley. 9 SENATOR FARLEY: Thank you. 10 SENATOR PATERSON: He was very 11 responsive and just on the bill, if I might add. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson on the bill. 14 SENATOR PATERSON: While Senator 15 Farley made a case for how this is very popular 16 around the country, it's very popular to have 17 this type of added, in a sense, incentive for 18 retailers and gives them a very powerful 19 weapon. What I probably would have wanted that 20 would have enabled me to vote for the bill was 21 some assurance that in those 49 states that now 22 have the purchase money security interest, that 23 the interest rates in those states have gone 6221 1 down. 2 I do not know the answer to that 3 question. If Senator Farley wishes to enlighten 4 us, I'd certainly like to hear it because my 5 fear is that perhaps in a lot of those states 6 you have consumers now wishing they hadn't put 7 the purchase money security interests in, and 8 even with the added consumer protections that we 9 have allowed in this legislation, as I said, we 10 don't require that the security interest be 11 written in the same language as the 12 presentation. They're not required to be 13 written in very large print. 14 We have the situation where the 15 security interest is made available, the 16 possibility of it at the opening of an account, 17 but that when the actual item that meets the 18 threshold for the repossession is purchased, you 19 don't have any notification procedure at that 20 particular point and, finally, as you pointed 21 out earlier, there's no minimum amount of money 22 that the consumer would owe, so the consumer 23 could owe one dollar on a $1200 console and get 6222 1 it repossessed because they are one dollar in 2 arrears. It might have just been a technical or 3 computer problem. 4 And so I think that it's headed 5 in the right direction to be in compliance with 6 the rest of the country, but I just wish that 7 the bill addressed some of the issues that I've 8 raised. 9 Thank you, Mr. President. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT KUHL: Announce 18 the results when tabulated. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 501 are Senators 21 Abate, Gold, Kruger, Leichter, Markowitz, 22 Mendez, Onorato, Oppenheimer, Paterson, Smith, 23 Stavisky and Waldon. Ayes 42, nays 12. 6223 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Stavisky, why do you 4 rise? 5 SENATOR STAVISKY: Mr. President, 6 on Calendar Item 473, would you be kind enough 7 to record me in the negative? 8 ACTING PRESIDENT KUHL: Without 9 objection. No objections being heard, Senator 10 Stavisky will be recorded in the negative on 11 Calendar Number 473. 12 Senator Leichter, why do you 13 rise? 14 SENATOR LEICHTER: Mr. President, 15 may I have unanimous consent to be recorded in 16 the negative on Calendar 1006? 17 ACTING PRESIDENT KUHL: Without 18 objection. No objections being heard, Senator 19 Leichter will be recorded in the negative on 20 Calendar Number 1006. 21 Senator Libous, why do you rise? 22 SENATOR LIBOUS: Mr. President, 23 may I also have with unanimous exception to be 6224 1 recorded in the negative on Calendar Number 840, 2 please? 3 ACTING PRESIDENT KUHL: Without 4 objection. No objection being heard, Senator 5 Libous will be recorded in the negative on 6 Calendar Number 840. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 Senator Goodman informs me that the objection to 10 Calendar Number 814 has been removed, if we 11 could call it up at this time and vote. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the title to Calendar Number 14 814. 15 THE SECRETARY: On page 37, 16 Calendar Number 814, by Senator Goodman, Senate 17 Print 1618-A, an act to amend the Penal Law, in 18 relation to consecutive terms of imprisonment 19 under certain circumstances. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 1st day of 6225 1 November. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 54. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 The Chair recognizes Senator 9 Skelos. 10 SENATOR SKELOS: If we could go 11 back to the controversial calendar, regular 12 order. 13 ACTING PRESIDENT KUHL: The 14 Secretary will continue to call the 15 controversial calendar in order. 16 THE SECRETARY: On page 28, 17 Calendar Number 707, by Senator Saland, Senate 18 Print 2916, an act to amend the State 19 Administrative Procedure Act, in relation to 20 including the Workers' Compensation Board under 21 the scope of the act's provisions. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 6226 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 30th day. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 722, by Senator Saland, Senate Print 2039, an 11 act to amend the Public Health Law and the 12 Executive Law, in relation to court 13 authorization for human immunodeficiency virus 14 related testing for certain sex offenders. 15 ACTING PRESIDENT KUHL: 16 Explanation. 17 SENATOR SALAND: Mr. President, 18 please lay it aside until tomorrow -- tomorrow's 19 calendar. 20 ACTING PRESIDENT KUHL: Calendar 21 Number 722 will be laid aside for the day at the 22 request of the sponsor. 23 The Secretary will continue to 6227 1 call the controversial calendar. 2 THE SECRETARY: Calendar Number 3 760, by Senator Marchi, Senate Print 742, an act 4 to amend the Real Property Law, in relation to 5 modifying the real estate continuing education 6 requirement. 7 ACTING PRESIDENT KUHL: The 8 Secretary 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 THE SECRETARY: Ayes - 15 ACTING PRESIDENT KUHL: Announce 16 the results when tabulated. 17 THE SECRETARY: Ayes 53, nays 1, 18 Senator Leichter recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 769, by Senator DiCarlo, Senate Print 3962, an 23 act to amend the Real Property Law, in relation 6228 1 to occupation of premises for unlawful purposes. 2 SENATOR DOLLINGER: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 DiCarlo, an explanation of Calendar Number 769 5 has been asked for by Senator Dollinger. 6 SENATOR DiCARLO: Yes, Mr. 7 President (inaudible-inoperable microphone). 8 SENATOR DOLLINGER: Mr. 9 President. 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger. 12 SENATOR DOLLINGER: I just rise. 13 I think this is a good bill. I think it -- I 14 know that a number of us have had bills in about 15 bawdy houses and the use of bawdy houses. This 16 is a good bill that I think expands the powers 17 of neighborhood groups to deal with the problem 18 of drug infestation in their neighborhood, and I 19 commend Senator DiCarlo. I know a number of us 20 have pushed similar bills in the past, but it's 21 good to see that we're doing it. This is a good 22 idea. 23 ACTING PRESIDENT KUHL: The 6229 1 Secretary 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 54. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 ACTING PRESIDENT KUHL: Calendar 11 Number 816, by Senator Kuhl, Senate Print 3234, 12 an act to amend the Penal Law, in relation to 13 criminal possession of a weapon in the third 14 degree. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 1st day of 19 November. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 6230 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 826, by Senator Volker, Senate Print 4297, an 5 act to amend the Civil Rights Law, in relation 6 to access to personnel files of parole officers 7 and warrant officers. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 839, by Senator Lack, Senate Print 2826-A, an 20 act to amend the Judiciary Law, in relation to 21 payment of expenses in attorney disciplinary 22 proceedings. 23 ACTING PRESIDENT KUHL: The 6231 1 Secretary will read the last section. 2 SENATOR DOLLINGER: Mr. 3 President, I had asked to lay that bill aside 4 and I've had a discussion with Senator Lack. My 5 questions have been resolved. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect in 90 days. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 54. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Skelos, that completes 17 the controversial calendar. Senator Montgomery 18 has risen to be recognized. 19 Senator Montgomery, why do you 20 rise? 21 SENATOR MONTGOMERY: Thank you, 22 Mr. President. 23 I would like to be recorded in 6232 1 the negative on Calendar Number 501. 2 ACTING PRESIDENT KUHL: Without 3 objection. 4 SENATOR MONTGOMERY: Thank you. 5 ACTING PRESIDENT KUHL: No 6 objection being heard, Senator Montgomery will 7 be recorded in the negative on Calendar Number 8 501. 9 Senator Skelos, we have some 10 housekeeping. 11 SENATOR SKELOS: Please recognize 12 Senator Farley. 13 ACTING PRESIDENT KUHL: We'll 14 return to motions and resolutions. 15 Senator Farley. 16 SENATOR FARLEY: Thank you, 17 Senator Skelos. 18 Mr. President, on behalf of 19 Senator Saland, on page 52, I offer the 20 following amendments to Calendar Number 937, 21 Senate Print 4009, and I ask that that bill 22 retain its place on the Third Reading Calendar. 23 ACTING PRESIDENT KUHL: The 6233 1 amendments are received and adopted. The bill 2 will retain its place on the Third Reading 3 Calendar. 4 Senator Farley. 5 SENATOR FARLEY: On behalf of 6 Senator DiCarlo, on page 61, I offer the 7 following amendments to Calendar Number 195, 8 Senate Print 2503, and I ask that that bill 9 retain its place. 10 ACTING PRESIDENT KUHL: The 11 amendments are received and adopted. The bill 12 will retain its place on the Third Reading 13 Calendar. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, Mr. 16 President. 17 On behalf of Senator Cook, on 18 page 56, I offer the following amendments to 19 Calendar Number 967, Senate Print 3961, and I 20 ask that that bill retain its place too. 21 ACTING PRESIDENT KUHL: Calendar 22 Number 967, the amendments are received and 23 adopted. The bill will retain its place on the 6234 1 Third Reading Calendar. 2 The Chair recognizes Senator 3 DiCarlo -- or, excuse me, DeFrancisco. 4 SENATOR DeFRANCISCO: May I have 5 unanimous consent to be recorded in the negative 6 on Calendar Number 840? 7 ACTING PRESIDENT KUHL: Without 8 objection. Hearing no objection, Senator 9 DeFrancisco will be recorded in the negative on 10 Calendar Number 840. 11 Senator Skelos, we have a couple 12 substitutions at the desk. 13 SENATOR SKELOS: Please make the 14 substitutions. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the substitutions. 17 THE SECRETARY: On page 7, 18 Senator DeFrancisco moves to discharge from the 19 Committee on Rules Assembly Print Number 917-A 20 and substitute it for the identical Calendar 21 Number 206. 22 On page 27, Senator Trunzo moves 23 to discharge from the Committee on Rules 6235 1 Assembly Bill Number 7394 and substitute it for 2 the identical Third Reading Calendar 690. 3 On page 58, Senator Farley moves 4 to discharge from the Committee on Rules 5 Assembly Bill Number 184-A and substitute it for 6 the identical Calendar Number 983. 7 ACTING PRESIDENT KUHL: The 8 substitutions are ordered. 9 The Chair recognizes Senator 10 Wright. 11 SENATOR WRIGHT: Thank you, Mr. 12 President. 13 I would request unanimous consent 14 to be recorded in the negative on Calendar 15 Number 840. 16 ACTING PRESIDENT KUHL: Without 17 objection. Hearing no objection, Senator Wright 18 will be recorded in the negative on Calendar 19 Number 840. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 there being no further business, I move we 23 adjourn until Tuesday at 11:00 a.m. 6236 1 ACTING PRESIDENT KUHL: Without 2 objection, the Senate stands adjourned until 3 tomorrow, Tuesday, May 23rd at 11:00 a.m.. 4 Prior to that, Senator Nozzolio. 5 SENATOR NOZZOLIO: Negative on 6 Calendar Number 840. 7 ACTING PRESIDENT KUHL: Without 8 objection. Hearing no objection, Senator 9 Nozzolio will be recorded in the negative on 10 Calendar Number 840. 11 Again, without objection, the 12 Senate stands adjourned until tomorrow -- note 13 the change of time -- tomorrow, Tuesday, at 14 11:00 a.m. 15 (Whereupon, at at 5:10 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23