Thursday, June 15, 1995

10060 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 15, 1995 10 10:00 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 LIEUTENANT-GOVERNOR BETSY McCAUGHEY, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 10061 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 repeat with me the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Reverend Shirley Daniels from the 9 Evangel Temple of Albany. 10 Welcome, Reverend Daniels. 11 REVEREND SHIRLEY DANIELS: Let us 12 pray. Eternal God our Father, You said in 13 everything we should give thanks. We do thank 14 You for this day and we thank You for all these 15 Senators and the staff who have worked 16 untiringly throughout this session. We thank 17 You for the budget that they have passed, and 18 now, eternal God, we ask Your blessings upon 19 these Senators as well as the staff on this last 20 day of session. We pray as they start this 21 meeting that You would give them the wisdom and 22 the knowledge to complete all the necessary 23 transactions and discussions that they need to 10062 1 wrap up this session. 2 We pray for their continued 3 health, devotion and dedication as they serve as 4 Senators of this great state. Guide them 5 throughout this day in all the matters. In Your 6 holy name we pray. Amen. 7 THE PRESIDENT: Thank you. 8 That was very eloquent. 9 The reading of the Journal. 10 THE SECRETARY: In Senate, 11 Wednesday, June 14th. The Senate met pursuant 12 to adjournment, Senator Kuhl in the Chair upon 13 designation of the Temporary President. Prayer 14 by the Rabbi Jeffrey Miller, Congregation 15 Marathon Jewish Center, Douglaston, New York. 16 The Journal of Tuesday, June 13th, was read and 17 approved. On motion, the Senate adjourned. 18 THE PRESIDENT: Without 19 objection, the Journal stands approved as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 10063 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Madam 7 President, on behalf of Senator Libous, may we 8 please place a sponsor's star on Calendar Number 9 1324. 10 THE PRESIDENT: Without 11 objection. 12 SENATOR MARCELLINO: Thank you. 13 THE PRESIDENT: We have one 14 substitution. The Secretary will read. 15 THE SECRETARY: On page 36, 16 Senator Padavan moves to discharge from the 17 Committee on Rules, Assembly Bill Number 7667 18 and substitute it for the identical Calendar 19 Number 1376. 20 THE PRESIDENT: The substitution 21 is ordered. 22 Senator Larkin. 23 SENATOR LARKIN: Madam President, 10064 1 I would like to remove the sponsor's star from 2 Calendar 215, Senate Print 2090-C. 3 THE PRESIDENT: The star is 4 removed. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 can we at this time take up the noncontrovers 8 ial calendar. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 110, by Member of the Assembly Weinstein, 13 Assembly Print Number 3222-B, an act to amend 14 the Estates, Powers and Trusts Law, in relation 15 to division of trusts. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 32. 23 THE PRESIDENT: The bill is 10065 1 passed. 2 THE SECRETARY: Calendar Number 3 215, by Senator Larkin, Senate Print 2090-C, an 4 act to amend Chapter 545 of the Laws of 1938, 5 relating to a system of coordinates. 6 THE PRESIDENT: Read the last 7 section, please. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 30th day. 10 THE PRESIDENT: Call the roll. 11 SENATOR BRUNO: Madam President, 12 can I ask the indulgence of the Minority and ask 13 you for unanimous consent to at this time take 14 up Senator Larkin's bill? It's Calendar Number 15 215. 16 THE PRESIDENT: Without 17 objection, the Secretary will read. 18 THE SECRETARY: Calendar Number 19 215, by Senator Larkin, Senate Print 2090-C, an 20 act to amend Chapter 545 of the Laws of 1938, 21 relating to a system of coordinates. 22 THE PRESIDENT: Read the last 23 section, please. 10066 1 THE SECRETARY: Section 4. This 2 act shall take effect on the 30th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 37. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 222, by Senator Velella, Senate Print 2764-C, an 10 act to amend the Insurance Law, in relation to 11 reciprocal insurers. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 7. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 THE SECRETARY: Ayes 37. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 251, by Senator Hoblock, Senate Print 1635, an 23 act to amend the Social Services Law, in 10067 1 relation to designation of the Capital District 2 Youth Center. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 37. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 387, by Senator Lack, Senate Print 2833-B, an 15 act to amend Chapter 689 of the Laws of 1993, 16 amending the Criminal Procedure Law. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10068 1 THE SECRETARY: Ayes 37. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 414, by Senator Levy, Senate Print 4050-A, an 6 act to amend the Highway Law, in relation to 7 transportation facility emergency work. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. 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 37. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 425 - 20 ACTING PRESIDENT KUHL: The bill 21 is high. Lay the bill aside. 22 THE SECRETARY: Calendar Number 23 447, by Senator DiCarlo, Senate Print 2419-A, an 10069 1 act to amend the Executive Law, in relation to 2 creating a long-term care ombudsman. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 6. 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 37. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 462, by Senator Levy, Senate Print 4168-A, an 16 act to amend the Highway Law and the Public 17 Authorities Law, in relation to the dedicated 18 highway and bridge trust fund cooperative. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 10070 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 507, by Senator Lack, Senate Print 3775-A, an 8 act to amend the Family Court Act, in relation 9 to the duty to support recipients. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 37. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 543 - 22 ACTING PRESIDENT KUHL: The bill 23 is high. Lay the bill aside. 10071 1 THE SECRETARY: Calendar Number 2 554, by Senator Volker, Senate Print 2367-A, an 3 act to amend Chapter 207 of the Laws of 1994, 4 relating to incorporating the Twin District 5 Firemen's Benevolent Association. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 37. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 566, by Senator Levy, Senate Print 339-A, an act 18 to amend the Transportation Law, in relation to 19 expanding the definition of "school". 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect September 1. 10072 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Announce 5 the results when tabulated. 6 THE SECRETARY: Ayes 38, nays 1, 7 Senator Wright recorded in the negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 583, by Senator Levy, Senate Print 41... 12 SENATOR PATERSON: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 607 - 17 ACTING PRESIDENT KUHL: The bill 18 is high. Lay the bill aside. 19 THE SECRETARY: Calendar Number 20 665, by Senator Cook, Senate Print 4384, an act 21 relating to the apportionment of building aid 22 and reorganization incentive building aid. 23 ACTING PRESIDENT KUHL: There's a 10073 1 local fiscal impact note at the desk. The 2 Secretary will read the last section. 3 THE SECRETARY: Section 4. 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 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 705, by Senator Solomon, Senate Print 4223-A, an 13 act to amend Chapter 60 of the Laws of 1994, 14 relating to certain provisions. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT KUHL: The bill 10074 1 is passed. 2 THE SECRETARY: Calendar Number 3 748, by Senator Gold, Senate Print 193-B, an act 4 to amend the General Business Law, in relation 5 to requiring child safety devices. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect - 10 SENATOR BRUNO: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1198, by Senator Velella, Senate Print 3817-B, 15 an act to amend the Insurance Law, in relation 16 to extending the expiration date for Article 54. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10075 1 THE SECRETARY: Ayes 39. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1218, by Senator Maltese - 6 SENATOR PATERSON: Lay it aside. 7 ACTING PRESIDENT KUHL: There is 8 no home rule message at the desk. The bill will 9 be laid aside. 10 THE SECRETARY: Calendar Number 11 1221 - 12 ACTING PRESIDENT KUHL: The bill 13 is high. Lay the bill aside. 14 THE SECRETARY: Calendar Number 15 1233 - 16 ACTING PRESIDENT KUHL: The bill 17 is high. Lay the bill aside. 18 THE SECRETARY: Calendar Number 19 1238 - 20 ACTING PRESIDENT KUHL: The bill 21 is high. Lay the bill aside. 22 THE SECRETARY: Calendar Number 23 1239, by Senator Tully, Senate Print 5027-B, an 10076 1 act to amend Chapter 237 of the Laws of 1993, 2 amending the Environmental Conservation Law. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 18. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 39. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1244, by Senator Farley, Senate Print 5331, an 15 act to amend the Banking Law, in relation to the 16 licensing of money transmitters. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10077 1 THE SECRETARY: Ayes 38, nays 1, 2 Senator Spano recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1245, by Senator Farley, Senate Print 5332, an 7 act to amend the Banking Law, in relation to 8 banging records. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 41. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1267, by Senator Marchi, Senate Print 3873-A, an 21 act to amend the Real Property Law, in relation 22 to establishing a New York State Real Estate 23 Board. 10078 1 SENATOR PATERSON: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1270, by Senator Velella, Senate Print - 6 SENATOR PATERSON: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1276, by Senator - 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1283 - 16 ACTING PRESIDENT KUHL: The bill 17 is high. Lay the bill aside. 18 THE SECRETARY: Calendar Number 19 1293, by Senator Lack, Senate Print 1297-A, an 20 act to amend the Surrogate's Court Procedure 21 Act, in relation to the statute of limitations. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 10079 1 SENATOR PATERSON: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1297, by Senator Padavan, Senate Print 3093, an 6 act to amend the Social Services Law, in 7 relation to - 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1314, by Senator Leibell, Senate Print 5286-A, 13 an act to amend the Private Housing Finance Law, 14 in relation to tax exemption. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 41. 23 ACTING PRESIDENT KUHL: The bill 10080 1 is passed. 2 THE SECRETARY: Calendar Number 3 1315, by Senator Seward, Senate Print 5304, an 4 act to amend the Tax Law, in relation to 5 extending the expiration of provisions 6 authorizing the county of Herkimer. 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 41. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1318, by Senator Sears, Senate Print 5327, an 19 act to amend the Tax Law, in relation to 20 extending the effectiveness of provisions 21 authorizing the county of Oneida. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 10081 1 THE SECRETARY: Section 3. 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 41. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1319, by Senator Stachowski, Senate Print 5352, 11 an act to authorize the city of Buffalo, Erie 12 County to lease certain parklands. 13 ACTING PRESIDENT KUHL: There's 14 no home rule message at the desk. Lay the bill 15 aside. 16 THE SECRETARY: Calendar Number 17 1322, by Senator Skelos, Senate Print 2458-A, an 18 act to amend the Family Court Act, in relation 19 to orders of protection. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 10082 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1354, by Senator Maziarz, Senate Print 5321, an 4 act to amend the Criminal Procedure Law, in 5 relation to period of limitation. 6 SENATOR PATERSON: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1355, by Senator Cook, Senate Print 563, an act 11 to amend the Real Property Tax Law, in relation 12 to making certain state lands in Sullivan County 13 subject to taxation. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 43. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 10083 1 THE SECRETARY: Calendar Number 2 1356, by Senator Spano, Senate Print 1119, an 3 act to amend - 4 SENATOR PATERSON: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 1357, by Senator LaValle, Senate Print 1652, an 9 act to amend the Town Law, in relation to 10 initiation of a criminal history check. 11 ACTING PRESIDENT KUHL: The 12 Secretary 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 43. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1358, by Senator Hoblock, Senate Print 1985 - 23 SENATOR PATERSON: Lay it aside. 10084 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1359, by Senator Leibell, Senate Print 2615, an 5 act in relation to authorizing the reconveyance 6 to the Lakeview Manor Community Association of 7 certain lands. 8 ACTING PRESIDENT KUHL: There's a 9 home rule message at the desk. The 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 43. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1360, by Senator Leibell, Senate Print 2677, an 21 act authorizing the town of Southeast, Putnam 22 County to establish a road or highway 23 improvement district. 10085 1 ACTING PRESIDENT KUHL: There's a 2 home rule message at the desk. The Secretary 3 will read the last section. 4 THE SECRETARY: Section 5. 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 43. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1361, by Senator Leibell, Senate Print 2682, an 14 act to amend the Town Law, in relation to 15 dissolution of the Lakeview Manor Park District. 16 ACTING PRESIDENT KUHL: There's a 17 home rule message at the desk. The Secretary 18 will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10086 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1362, by Senator Johnson, Senate Print 3002-A - 6 SENATOR PATERSON: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1363, by Senator Oppenheimer, Senate Print 3915, 11 an act to amend the Real Property Tax Law, in 12 relation to the town of Rye to levy taxes. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 43. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 10087 1 1364, by Senator Johnson, Senate Print 3966, an 2 act in relation to granting Joseph Donnelly 3 certain service credit. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 3. 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 43. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1365, by Senator Nozzolio - 16 SENATOR SMITH: Lay it aside, 17 please. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 1367, by Senator Velella, Senate Print 4451-B, 22 an act to amend the Retirement and Social 23 Security Law, in relation to making certain 10088 1 technical corrections. 2 ACTING PRESIDENT KUHL: The 3 Secretary 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 43. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1368, by Senator Farley, Senate Print 4544-A, an 14 act to amend the Civil Practice Law and Rules 15 and the Surrogate's Court Procedure Act 16 authorizing deposits into credit unions. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10089 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1369, by Senator Johnson, Senate Print 4648, an 6 act in relation to authorizing Perry S. Reich to 7 purchase certain retirement service credit. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. 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 43. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 SENATOR TULLY: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Tully, why do you rise? 21 SENATOR TULLY: Did we call 22 Calendar 1365? 23 ACTING PRESIDENT KUHL: We did 10090 1 and it was laid aside. 2 SENATOR TULLY: Thank you, Mr. 3 President. 4 ACTING PRESIDENT KUHL: The 5 Secretary will continue to call the 6 non-controversial calendar. 7 THE SECRETARY: Calendar Number 8 1370, by Senator Libous, Senate Print 4919, an 9 act to amend the Tax Law, in relation to 10 extending the authorization granted to the 11 county of Tioga. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 43. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1371, by Senator Hoblock, Senate Print - 10091 1 SENATOR PATERSON: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1372, by Senator Present, Senate Print 5247, an 6 act to amend the Education Law, in relation to 7 authorizing the establishment of a community 8 college region. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 7. 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 43. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 -- Calendar Number 1373, by Senator Hoffmann, 21 Senate Print 5283-A, an act to authorize the 22 city of Oneida, Madison County to sell, transfer 23 and convey the Oneida City Hospitals. 10092 1 ACTING PRESIDENT KUHL: There's a 2 home rule message at the desk. The 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 43. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1374, by Senator Levy, Senate Print 5342-A, an 14 act to amend the Vehicle and Traffic Law, in 15 relation to establishing an advisory committee. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 1375 - 21 ACTING PRESIDENT KUHL: The bill 22 is high. We'll lay the bill aside. 23 Senator Bruno, that completes the 10093 1 reading of the non-controversial calendar. 2 SENATOR BRUNO: Mr. President, 3 can we at this time take up the controversial 4 calendar. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the controversial calendar. 7 THE SECRETARY: On page 12, 8 Calendar Number 583, by Senator Levy, Senate 9 Print 4146-A, an act to amend the Transportation 10 Law, in relation to requiring the Commissioner 11 of Transportation. 12 SENATOR PATERSON: Explanation. 13 SENATOR BRUNO: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside temporarily. 16 THE SECRETARY: Calendar Number 17 748, by Senator Gold, Senate Print 193-B, an act 18 to amend the General Business Law, in relation 19 to requiring child safety devices. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect 360 days next succeeding 10094 1 the date. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 43. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. Announce the results when tabulated. 8 SENATOR GOLD: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Gold. 11 SENATOR GOLD: If I can explain 12 my vote. 13 I first of all want to point out 14 to the members, this bill which is a Gold-Sears 15 bill is in a "B" print and was negotiated with 16 the parties concerned, and I have in my hand a 17 letter dated June 14th from Michael Rosen which 18 thanks us for amending the bill to address their 19 concerns and appreciates our willingness to work 20 with them. 21 Having explained my vote, Mr. 22 President, for the time being, I would like to 23 lay the bill aside and take it up later in a 10095 1 more enlightened, hopefully, atmosphere. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside temporarily. 4 The Secretary will continue to 5 call the controversial calendar. 6 THE SECRETARY: Calendar Number 7 1267, by Senator Marchi, Senate Print 3873-A, an 8 act to amend the Real Property Law, in relation 9 to establishing a New York State Real State 10 Board. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 Marchi, an explanation of Calendar Number 1267 14 has been asked for by Senator Paterson. 15 Senator Marchi, would you wait 16 just a minute so you don't have to yell in a 17 loud way. There's an awful lot of noise, an 18 awful lot of movement in the chamber. The 19 members please take their seats, the staff 20 please take their places. If you have to have a 21 conversation, take it out of the chamber or 22 we'll take you out of the chamber. 23 Thank you, Senator Marchi, for 10096 1 the interruption. An explanation has been asked 2 for by the Deputy Minority Leader, Senator 3 Paterson. 4 SENATOR MARCHI: I would only be 5 too happy to give the explanation, but I have 6 just received some information of another 7 concern that surfaced and I would like to lay 8 this bill aside temporarily. 9 ACTING PRESIDENT KUHL: Calendar 10 Number 1267 will be laid aside temporarily. 11 The Secretary will continue to 12 call the controversial calendar. 13 THE SECRETARY: Calendar Number 14 1270, by Senator Velella, Senate Print 2586, an 15 act to amend Chapter 576 of the Laws of 1975, 16 relating to authorizing the Commissioner of 17 Education. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Velella, an explanation of Calendar Number 1270, 21 Senate Print 2586 has been asked for by the 22 Deputy Minority Leader, Senator Paterson. 23 SENATOR VELELLA: Mr. President, 10097 1 can we lay that bill aside for today? 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside for the day. The Secretary will 4 continue to call the controversial calendar. 5 The Chair recognizes Senator 6 Bruno. 7 SENATOR BRUNO: Mr. President, 8 can we at this time return to reports of 9 standing committees and hear the report from the 10 Judiciary Committee. 11 ACTING PRESIDENT KUHL: We'll 12 return to reports of standing committees. The 13 Secretary will read the report of the Judiciary 14 Committee. 15 THE SECRETARY: Senator Lack, 16 from the Committee on Judiciary, reports the 17 following nomination: Richard Martin Klein of 18 Huntington, New York State Court of Claims. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Lack. 21 SENATOR LACK: Thank you, Mr. 22 President. 23 Mr. President, we are and will 10098 1 complete this morning a series of judicial 2 confirmations and by the end of this morning, we 3 will have over the last couple of weeks 4 confirmed 23 new judges in this state. Nine of 5 those judges are already judges in other 6 positions and are assuming new duties. 7 It's an extraordinary accom 8 plishment for Governor Pataki. He appointed a 9 Temporary Judicial Screening Committee comprised 10 of former Chief Judge Lawrence Cooke of the 11 state of New York, and as a result, the Governor 12 has sent us, and if I can quote Senator Gold and 13 Senator Dollinger over the last couple of 14 meetings of the Judiciary Committee, an 15 extraordinary list of judicial candidates, all 16 of whom are very well deserving of office. 17 I want to compliment the Governor 18 on the nominees that he has sent to the floor of 19 the Senate. I want to thank the Governor's 20 staff, Michael Finnegan, his counsel, Michael 21 Ambrecht, deputy counsel to the Governor, James 22 McGuire, deputy counsel to the Governor, Brian 23 Maloney, Mr. Finnegan's staff, as well as the 10099 1 extraordinary work of my own staff, my counsels 2 Dave Gruenberg and Amy Karp, my committee clerk, 3 Sue Zimmer and, Senator Bruno, you will be 4 particularly happy to know that with your 5 admonition that we must try to save money in the 6 Senate, that Ned Cole who is the chief counsel 7 to the Senate Judiciary Committee and retired a 8 couple months ago at his own time and expense 9 has come back to the Senate as a volunteer to 10 work with us to try to get these judges 11 confirmed and, Ned, regardless of prior titles 12 that you've had, you will now always be known as 13 worthy counsel in this chamber and thank you so 14 very much. 15 And last but not least, I want to 16 thank the members of the Judiciary Committee who 17 have had to sit through four early morning 18 special meetings to bring to the floor the 23 19 judges that we have either confirmed or will be 20 in the process of confirming this morning. 21 As I have said, they have been an 22 extraordinary group. They range from a partner 23 in one of New York City's best known and largest 10100 1 law firms who we will be confirming in a couple 2 of minutes, to a three-hat judge that we did 3 last week who fascinated the members of the 4 committee on how you can serve as a Surrogate, 5 County Court judge and a Family Court judge all 6 at the same time, sometimes indeed during the 7 very same day; to the first woman judge ever 8 appointed or elected in the history of Oneida 9 County who Senator DeFrancisco quite aptly 10 pointed out was also probably the most qualified 11 person in Oneida County to receive that 12 judgeship; to the United States federal 13 magistrate from Rochester, New York who wanted 14 to come back and serve in the state courts and 15 who's being appointed to the Supreme Court; and 16 last but not least, to our colleague yesterday 17 from Ticonderoga who is so self-effacing that 18 many members of this chamber, while knowing that 19 he had served in the military, did not realize 20 that he was in the Marine Corps, that he was a 21 General and, indeed, was the Judge Advocate 22 General of the United States Marines. 23 And that, Mr. President, brings 10101 1 me, if I may, to the nominee we currently have 2 on the floor, my favorite, of course, of the 23 3 because he is an old and dear friend of mine. 4 Richard Martin Klein I first met when I became 5 an assistant district attorney in Suffolk County 6 in 1972. 7 I had been doing consumer work 8 here for the state, was counsel to the state 9 Consumer Protection Board and knew virtually 10 little about criminal law and I was very 11 fortunate, that one of the first A.D.A.s I met 12 when I got to Suffolk County from -- both from 13 the standpoint of trying to work in the office 14 and protect the people from Suffolk County was 15 Dick Klein. We became old and very good friends 16 when I came Commissioner of Consumer Affairs in 17 Suffolk County and established a Consumer Crime 18 Task Force under a Law Enforcement Assistance 19 Administration grant; Dick Klein became the 20 attorney in charge and counsel to that. 21 He subsequently -- he served for 22 a number of years in the municipal court bureaus 23 and other bureaus of the Suffolk County county 10102 1 attorney's office achieving an admirable record 2 in that office, became the deputy town attorney 3 for the town of Huntington. He was appointed by 4 Suffolk County Executive Bob Gaffney, a former 5 member of the Assembly, to a position in the 6 Suffolk County District Court in 1992, 7 unanimously concerned -- confirmed by all the 8 members of the Suffolk County Legislature, 9 thereafter elected to a full term as a Suffolk 10 County District Court judge and has sat and 11 presided over numerous trials over the last 12 three years that he's been a Suffolk County 13 District Court judge. 14 It takes a very special person to 15 be able to sit in judgment upon his peers. Dick 16 Klein, quite frankly, is that kind of a special 17 person. 18 I can remember in law school in 19 studying various comparative law -- laws, that 20 Germany, before World War II, had special 21 education just for judges. Like England which 22 divides barristers and solicitors into two 23 classifications, Germany at the time divided 10103 1 lawyers and judges and you studied to actually 2 be a judge and that's the only thing that you 3 did. You sat in judgment. 4 While I'm not advocating that in 5 this country, I can't help but thinking that if, 6 indeed, this was our system, then Dick Klein 7 certainly would have studied to be a judge. He 8 is very good at it. He is very evenhanded at 9 it. He operates an efficient and efficacious - 10 efficaciously run courtroom, and if there's 11 anything that the recent televised trials have 12 certainly known and that is that Perry Mason, 13 indeed, was fiction and the ability to run a 14 courtroom and to run a courtroom fairly and to 15 sit in judgment upon fellow men is, indeed, a 16 highly trained skill, and I'm proud to say that 17 the nominee before this body at this moment, 18 Richard Martin Klein, is just such a person, has 19 aptly and amply proven that over the years and I 20 commend the Governor sincerely for his 21 nomination on the floor this day. 22 And since he is no longer my 23 constituent but that of Senator Marcellino, Mr. 10104 1 President, I most respectfully would yield the 2 floor to Senator Marcellino. 3 ACTING PRESIDENT KUHL: Senator 4 Marcellino on the nomination. 5 SENATOR MARCELLINO: Yes, Mr. 6 President. 7 I rise to second the nomination 8 of Richard Martin Klein to the Court of Claims. 9 Mr. Klein, Judge Klein, is well known in the 10 judicial community, if you will, for lack of a 11 better word. He's -- his honesty, his 12 integrity, his intelligence are unquestioned. 13 If you go into the area and you talk to judges 14 in the area, they know Mr. Klein. They know 15 Judge Klein well. He is well spoken of by 16 attorneys on both sides, both prosecutors and 17 the defending attorneys. He treats his people 18 who come before him with respect and dignity and 19 which is all you can ask of a judge and all that 20 should be considered. 21 With pleasure, I second the 22 nomination. 23 ACTING PRESIDENT KUHL: Is there 10105 1 any other Senator wishing to speak on the 2 nomination? 3 (There was no response.) 4 Hearing none, the question is on 5 the confirmation of Richard Martin Klein of 6 Huntington, New York, to the position of judge 7 of the New York State Court of Claims. All 8 those in favor signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The nominee is unanimously 13 confirmed. We're very pleased to have Richard 14 Martin Klein with us, his wife Ceceil, daughter 15 Stephanie and son Randy in the chamber to your 16 left. 17 Congratulations on your 18 appointment. Good luck. 19 (Applause.) 20 The Secretary will read. 21 THE SECRETARY: Senator Lack, 22 from the Committee on Judiciary, reports the 23 following nomination: Thomas J. McNamara of 10106 1 Ballston Spa, New York State Court of Claims. 2 ACTING PRESIDENT KUHL: Senator 3 Lack. 4 SENATOR LACK: Thank you, Mr. 5 President. 6 I rise to move the nomination of 7 Thomas J. McNamara of Ballston Spa to be a judge 8 to the New York State Court of Claims. 9 Mr. McNamara was examined by the 10 Governor's screening committee, found qualified, 11 has been nominated by the Governor, has been 12 examined by the staff of the Judiciary 13 Committee, was found qualified. The nomination 14 was considered by the committee this morning. 15 Mr. McNamara was unanimously nominated and 16 confirmed by the committee to come to the floor 17 this morning. 18 Mr. President, I most 19 respectfully would yield the floor to the 20 Majority Leader, Senator Bruno, for purposes of 21 seconding. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Bruno on the nomination. 10107 1 SENATOR BRUNO: Thank you, 2 Senator Lack, and thank you, Mr. President. 3 Mr. President, I am honored and 4 privileged to be on my feet in support of Thomas 5 McNamara. He has served with great distinction 6 in his town of Ballston Spa, presently as town 7 attorney, currently a partner in Trieble, 8 McNamara and Rider. Most important, last year, 9 served as Assistant District Attorney, served on 10 many panels with great distinction, dedicating 11 himself to the support of the public. 12 He's here with his wife Mary 13 Jane, and I want to just welcome him here and 14 indicate how proud I am that such a qualified 15 individual would be here from the 43rd 16 Senatorial District prepared to take on the 17 responsibilities of representing a larger 18 constituency. 19 Thank you, Mr. President. 20 ACTING PRESIDENT KUHL: Is there 21 any other speaker on the nomination? 22 Senator Farley on the nomination. 23 SENATOR FARLEY: I'm pleased to 10108 1 rise to support the nomination of Tom McNamara, 2 an outstanding citizen of his community and 3 somebody that has really participated and become 4 an outstanding -- who will become an outstanding 5 judge. 6 Let me just say something about 7 him. He's been president of the board of 8 education for Ballston Spa, a community in 9 Saratoga County. He was treasurer of the bar 10 association, secretary and president of the 11 Saratoga Bar Association. He was president of 12 Ballston Spa Rotary Club, active in his parish 13 and let me just say this, that he is a person 14 that has come from a small community, has served 15 his county and his community well, not only as 16 an assistant district attorney but in private 17 practice. He's -- comes from the finest school 18 in this area, the State University of New York 19 at Albany. I did not have him as a student. 20 Graduate of Albany Law School, but Tom McNamara 21 will be an outstanding judge, and it is with 22 enthusiasm that I support his nomination. 23 ACTING PRESIDENT KUHL: The 10109 1 question is on the nomination of Thomas J. 2 McNamara of Ballston Spa to the position of 3 judge of the New York State Court of Claims. 4 All those in favor of the nomination signify by 5 saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The nominee is unanimously 10 confirmed. 11 We're happy to have Judge 12 McNamara in the chamber with us. He's to your 13 left, along with his wife Mary Jane, his son 14 Michael and his wife Mary, their friends David 15 Steenberg, Mark Rider and Marrietta Smith and 16 the rest of Ballston Spa in the chamber to the 17 left. 18 Congratulations, Judge. Good 19 luck. 20 (Applause.) 21 The Secretary will read. 22 THE SECRETARY: Senator Lack, 23 from the Committee on Judiciary, reports the 10110 1 following nomination: William A. Wetzel of 2 Briarcliff Manor, New York State Court of 3 Claims. 4 ACTING PRESIDENT KUHL: Senator 5 Lack. 6 SENATOR LACK: Thank you, Mr. 7 President. 8 I rise once again to move the 9 nomination of Thomas J. McNamara -- Wetzel, 10 sorry -- of Briarcliff Manor to be a judge of 11 the New York State Court of Claims. 12 Mr. Wetzel also has been examined 13 and found qualified by the screening committee, 14 has been nominated by the Governor, has been 15 examined by the staff of the Senate Judiciary 16 Committee and found qualified in all respects. 17 He appeared earlier this morning before a 18 meeting of the committee, was unanimously moved 19 by the committee to the floor, and I would yield 20 at this time to my colleague to my immediate 21 left, Senator Nicholas Spano. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Spano on the confirmation. 10111 1 SENATOR SPANO: Thank you very 2 much, Mr. President. 3 As Senator Farley mentioned, 4 Judge McNamara, he is from a small community. 5 Bill Wetzel is from a small community also, a 6 bit south of me in a small community called the 7 county of Westchester, and it's my pleasure to 8 stand and to second Bill Wetzel's nomination 9 today. 10 When you look at his resume and 11 you look at his background, his years of 12 experience as an attorney, you will find that he 13 is uniquely qualified, a great appointment for 14 the Governor. He continues to serve as an 15 arbitrator, has the experience of serving as a 16 village trustee. He was deputy mayor and a 17 mayor and knows firsthand the problems that we 18 all face and has got the unique sensitivities 19 that he will need to be a fair judge and a 20 hard-working judge. 21 It's my pleasure, Mr. President, 22 to second the nomination of Bill Wetzel and to 23 urge all the members to enthusiastically support 10112 1 his appointment. 2 Thank you. 3 ACTING PRESIDENT KUHL: Is there 4 any other Senator wishing to speak on the 5 nomination? 6 (There was no response.) 7 Hearing none, the question is on 8 the nomination of William A. Wetzel of Briar 9 cliff Manor to be a judge of the New York State 10 Court of Claims. All those in favor of the 11 nomination signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The nominee is unanimously 16 confirmed. 17 We're happy to have Judge William 18 Wetzel with us, along with his wife Patricia, 19 who are in the gallery above you. 20 Judge Wetzel, congratulations and 21 good luck. 22 (Applause.) 23 The Secretary will read. 10113 1 THE SECRETARY: Senator Lack, 2 from the Committee on Judiciary, reports the 3 following nomination: Colleen McMahon of 4 Bronxville, New York State Court of Claims. 5 ACTING PRESIDENT KUHL: Senator 6 Lack. 7 SENATOR LACK: Thank you, Mr. 8 President. 9 Very proudly rise to move the 10 nomination of Colleen McMahon as a judge of the 11 New York State Court of Claims. 12 Not too long ago, every member in 13 this chamber unanimously voted for a bill that I 14 don't think a year ago any of us thought would 15 ever come to the floor of this house, a bill to 16 repeal all jury exemptions in the state of New 17 York. 18 It's very fitting that today we 19 move the nomination of Colleen McMahon because 20 she is the chair of the Jury Project that was 21 established by the chief judge to examine this 22 and many other questions with respect to jury 23 reform, and I should say at the outset, while 10114 1 I'm very proud of the achievements of this house 2 in leading the way and passing the enactment to 3 repeal jury exemptions, it's really only the 4 beginning of a whole series of reforms that Ms. 5 McMahon outlined in her capacity as chair of the 6 Jury Project, having virtually worked on it six 7 months full time and in effect, almost taking a 8 leave of absence from Paul, Weiss to do so, and 9 it's apt this morning that we're here to move 10 her nomination, because just yesterday the 11 Assembly, by a vote of 142 to 2, also passed a 12 bill and will now go to the desk, the Governor's 13 desk, and the Governor has indicated that he 14 will sign it, and shortly there will be no jury 15 exemptions in this state and over 1,200,000 16 people will be added to the jury rolls, ensuring 17 a fair and impartial trial and a trial by a jury 18 of his or her peers. 19 Colleen McMahon wants to go into 20 public service and to serve full time to become 21 a judge of the New York State Court of Claims. 22 She is superbly qualified for that. I won't go 23 into all her bona fides on her resume because my 10115 1 colleague, Nick Spano who is next to me, since 2 this is Westchester Day on the floor of the 3 Senate, will certainly be doing that. I can 4 just tell you that I am very grateful that she 5 is choosing to become a judge and become part of 6 our judicial system and she will do a wonderful 7 job on the New York State Court of Claims. 8 And Colleen, once again, I thank 9 you publicly for showing us the way to begin a 10 long list of what I -- hopefully will be 11 complete jury reform in the state of New York. 12 So thank you very much and 13 congratulations to you. 14 Mr. President, I would once again 15 yield to my colleague to my immediate left, 16 Senator Spano. 17 ACTING PRESIDENT KUHL: Senator 18 Spano on the nomination. 19 SENATOR SPANO: Thank you very 20 much, Mr. President. 21 As was mentioned by Senator Lack, 22 Colleen McMahon has a long list of credentials 23 that will impress all that I will take a minute 10116 1 to read them, starting not only from local 2 activities in the village of Bronxville, but 3 have shown that she has distinguished herself in 4 the profession, not only with the work that was 5 done in the Jury Project that Senator Lack had 6 mentioned, but also her involvement with the 7 Committee for Modern Courts, the studies that 8 she has done on youth crime and violence and 9 reform of the juvenile justice system. 10 She has continued to be an 11 outstanding litigator with Paul, Weiss, the firm 12 Paul, Weiss in the City, and I'm glad that she 13 is before us today. 14 She's also joined by her son 15 Patrick who got a kick out of getting on TV 16 earlier today and I'm glad just to say to 17 Colleen McMahon that it's my pleasure to welcome 18 you here today and, Patrick, this is a proud day 19 for you to witness this of your mom. You also 20 had your gavel so you have a head start as well 21 and a great future. 22 Colleen, it's my pleasure to 23 second your nomination to the Court of Claims. 10117 1 ACTING PRESIDENT KUHL: Is there 2 any other Senator wishing to speak on the 3 nomination? 4 (There was no response.) 5 Hearing none, the question is on 6 the nomination of Colleen McMahon of Bronxville 7 to the position of Judge of the New York State 8 Court of Claims. All those in favor signify by 9 saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The nominee is unanimously 14 confirmed. 15 Judge McMahon is in the chamber, 16 as Senator Spano indicated, with her son 17 Patrick. We welcome you. Good luck. 18 Congratulations. 19 (Applause.) 20 The Secretary will read. 21 THE SECRETARY: Senator Lack, 22 from the Committee on Judiciary, reports the 23 following nomination: Mark Samuel Perla of 10118 1 Tonawanda, Erie County Court Judge. 2 ACTING PRESIDENT KUHL: Senator 3 Lack. 4 SENATOR LACK: Thank you, Mr. 5 President. 6 I rise to move the nomination of 7 Mark Samuel Perla of Tonawanda as an Erie County 8 Court Judge. 9 Judge Perla has been found well 10 qualified by the screening committee, has been 11 nominated by the Governor. His resume has been 12 reviewed by the staff of the Senate Judiciary 13 Committee. He appeared before the committee 14 this morning and was unanimously moved to the 15 floor for confirmation at this time and I would 16 most respectfully, Mr. President, yield to 17 Senator Volker for purposes of seconding. 18 ACTING PRESIDENT KUHL: Senator 19 Volker on the nomination. 20 SENATOR VOLKER: Mr. President, 21 once again, I'd like to also commend the 22 Governor for the various nominations this 23 morning as Senator Lack has said and others. 10119 1 The quality and competence of the 2 judges that have been submitted to us has been 3 absolutely superb and Mark Perla who is to 4 replace, by the way, the spot that was held by 5 Judge Rose LaMendola who we confirmed here last 6 week and elevated to the Supreme Court is 7 without question. Certainly he is one of the 8 top lawyers in western New York, comes from a 9 long family of attorneys. 10 He was an assistant attorney to 11 then U.S. Attorney Dennis Vacco in the Western 12 District for many years, in fact, ran the Civil 13 Division for the Attorney General, in fact, has 14 run it until the present, and he also was in the 15 District Attorney's Office in Erie County for 16 some years, one of the top attorneys in western 17 New York and I know he will make an excellent 18 judge. 19 But let me just say as he said 20 and we said on several occasions and coming 21 myself of a family of attorneys where my father 22 and my grandfather were also attorneys, not only 23 will he make himself and his family very proud 10120 1 of him as an excellent County Court judge but, 2 of course, he will also make his father very 3 proud of him, which I think is extremely 4 important. 5 So, Mark, as a constituent of my 6 colleague, Senator Rath, I would wish you the 7 very best of luck, and I know that you'll have a 8 long and valuable tenure as County Court judge. 9 ACTING PRESIDENT KUHL: Is there 10 any other -- Senator Rath on the nomination. 11 SENATOR RATH: Yes, Mr. 12 President. 13 I rise to join my colleague, 14 Senator Volker, in congratulating Mike Perla for 15 the nomination that he has stood for and for the 16 -- moving through the screening committee so 17 expeditiously. With the excellence of your 18 resume and your background, Mark, I don't think 19 there was any question but that you are highly 20 qualified for the job and, as one of my 21 constituents, of course, I am particularly proud 22 to have you ascending to the bench in Erie 23 County as judge -- as Senator Volker alluded to 10121 1 the fact, the long line of Perla tradition of 2 lawyers, not only did they have a long 3 tradition, but their firm's name being -- was it 4 five Perlas in a row, Perla, Perla, Perla, Perla 5 & Perla was always something of a great deal of 6 interest around Erie County with all the Perla 7 family working together and working well and 8 highly respected in the bench and the bar in 9 Erie County, and as Mark moves to this wonderful 10 position -- he's a young man and I think it's 11 very important to have young people with good 12 experience, because you have many years of 13 service and many years of experience that will 14 not only serve Erie County but all of the state 15 of New York. 16 Congratulations, Mark. 17 ACTING PRESIDENT KUHL: Senator 18 Maziarz on the nomination. 19 SENATOR MAZIARZ: Yes, Mr. 20 President. 21 I rise to second this nomination 22 of Mark Perla. Although I am not personally 23 acquainted with Mr. Perla, having spoken to 10122 1 Senator Volker and Senator Rath, I'm very 2 familiar with his long career in law, 3 particularly in the area of prosecution, and 4 just yesterday I happened to run into the new 5 Attorney General, Dennis Vacco, and Mr. Vacco 6 spoke very highly of Mr. Perla's capabilities in 7 the field of law and I think he'll make a fine 8 judge for Erie County Court, and also he's from 9 the town of Tonawanda which Senator Lack 10 continuously mispronounces, and I'm from North 11 Tonawanda which is right next door, and since he 12 is my neighbor, he can't be all that bad a 13 person, and I have talked to a good friend of 14 mine -- excuse me, Mr. President? Did you - 15 ACTING PRESIDENT KUHL: Senator 16 Maziarz, you have the floor. 17 SENATOR MAZIARZ: I talked to a 18 good friend of mine, an assistant district 19 attorney in Niagara County, Ron Winter, who told 20 me that Mr. Perla is not only a fine lawyer, but 21 he is also a great Buffalo Bills fan and being a 22 Bills fan, he certainly must be an excellent 23 person and I heartily second his nomination. 10123 1 ACTING PRESIDENT KUHL: Is there 2 any other Senator wishing to speak on the 3 nomination? 4 (There was no response.) 5 Hearing none, the question is on 6 the nomination of Mark Samuel Perla of 7 Tonawanda, New York to the position of Erie 8 County Court Judge. All those in favor of the 9 nomination, signify by saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The nominee is unanimously 14 confirmed. 15 We're very happy to have Mark 16 Perla in the chamber, along with his wife 17 Marilyn, who are seated in the gallery to your 18 left. 19 Judge, congratulations and good 20 luck. 21 (Applause.) 22 The Secretary will read. 23 THE SECRETARY: Senator Lack, 10124 1 from the Committee on Judiciary, reports the 2 following nomination: James C. Tormey III of 3 Syracuse, Justice of the Supreme Court for the 4 Fifth Judicial District. 5 ACTING PRESIDENT KUHL: Senator 6 Lack. 7 SENATOR LACK: Thank you, Mr. 8 President. 9 I rise to move the nomination of 10 James C. Tormey III for Justice of the Supreme 11 Court for the Fifth Judicial District. He has 12 been examined by the Governor's screening 13 committee, nominated by the Governor, examined 14 by the staff of the Judiciary Committee, 15 unanimously moved from -- as a result of the 16 committee meeting this morning to the floor of 17 the Senate today, and I would proudly yield to 18 Senator DeFrancisco for purposes of a second. 19 ACTING PRESIDENT KUHL: Senator 20 DeFrancisco on the nomination. 21 SENATOR DeFRANCISCO: I'm very 22 proud to be here today to second the nomination 23 of Judge Jim Tormey to be elevated to the 10125 1 Supreme Court of the state of New York. 2 I've known Jim and his wife Sue 3 for about 20 years. He served about ten of 4 those years with the county legislature and 5 served with distinction in that capacity. 6 Thereafter, he was elected to the City Court 7 bench, one of the most active benches in the 8 state and handled many, many criminal cases, and 9 I can personally attest to the fact that he 10 handled those cases both fairly and justly for 11 all parties involved, whether it be the 12 defendant, the victim, and treated lawyers the 13 way they should be treated with respect but 14 firmly when the need arose. 15 The family's commitment to 16 community service, I could go on forever, but 17 both of them -- both Sue and Jim are constantly 18 involved in youth activities and they have two 19 beautiful, young children and they share their 20 time with many other children to provide that 21 start that everyone needs to have. 22 You know, it's -- the thing that 23 I think is most important is that oftentimes we 10126 1 honor people and they get ascended to the bench 2 who are from large law firms with much more 3 substantial clients. Jim has gone through the 4 private practice with a small firm and he 5 understands what it is to practice as a small 6 practitioner. The cases may not be of the same 7 dollar value as some of the large firms, but 8 they're just as important for those people who 9 appear before a court, and it's his sense of 10 fairness and his treatment of the little guy 11 that I think is going to be extremely important 12 to our community. 13 So I'm very proud for all of 14 those reasons to be here to second the 15 nomination of Supreme Court Judge James Tormey 16 III. 17 ACTING PRESIDENT KUHL: Is there 18 any other Senator wishing to speak on the 19 nomination? 20 Senator Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President, I'll be very brief. I seconded in 23 the Judiciary Committee Senator DeFrancisco's 10127 1 comments about the importance of a small firm 2 practice and the perspective that that gives a 3 future jurist. 4 I'd also comment just to add one 5 other comment, Mr. President, as I said in the 6 Judiciary Committee; I can't remember when I 7 voted for so many Republican conservatives in 8 the last two weeks, more so than I think in my 9 entire life, but I extend my public commendation 10 to Governor Pataki who is continuing the list of 11 quality candidates for the judiciary and that - 12 their one consistent theme, their one consistent 13 attribute has been quality. This is a candidate 14 who continues that list of quality candidates 15 for the bench. 16 I commend Judge Tormey. I wish 17 him the best as I do all the other candidates 18 that have been confirmed, and I'd just add a 19 commendation to the chair of the Judiciary 20 Committee who's done a great job putting these 21 nominees through. 22 Thank you. 23 ACTING PRESIDENT KUHL: Is there 10128 1 any other Senator wishing to speak on the 2 nomination? 3 (There was no response.) 4 Hearing none, the question is on 5 the nomination of James C. Tormey III of 6 Syracuse, New York, to the position of Justice 7 of the Supreme Court for the Fifth Judicial 8 District. All those in favor of the nomination 9 signify by saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The nominee is unanimously 14 confirmed. 15 We're very pleased to have Judge 16 Tormey in the chamber with us, along with his 17 wife Susan, his son Andrew and daughter Colleen. 18 Judge, congratulations and good 19 luck. 20 (Applause.) 21 The Chair recognizes Senator 22 Velella. 23 SENATOR VELELLA: Mr. President, 10129 1 can we go to the controversial calendar regular 2 order now? 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the controversial calendar. 5 THE SECRETARY: On page 30, 6 Calendar Number 1276, by Senator Larkin, Senate 7 Print 3869-B, an act to amend the Agriculture 8 and Markets Law, in relation to penalties for 9 mistreated animals. 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, an explanation of the bill has been 13 asked for by the Deputy Minority Leader, Senator 14 Paterson. 15 SENATOR LARKIN: Yes, Mr. 16 President. 17 Senator Paterson, this bill 18 allows for the removal of mistreated animals 19 from the custody of their abuser and provides 20 for the adoption or sale of the animals after 21 they have been rehabilitated. 22 The bill further provides that 23 the animals shall be forfeited only following a 10130 1 hearing. Key point here is that this bill does 2 not permit the sale of dogs or cats by the 3 Humane Society to institutions for testing and 4 lab work. 5 Senator Paterson, one other 6 thing. I would like to take -- he's not in the 7 chamber, I don't know where he's hiding, but I 8 wanted to thank personally Senator Onorato who 9 did a lot of work with us with the SPCA in New 10 York City because when we were down on some of 11 the points, George was very kind enough to bring 12 in some of the players that he thought were 13 essential and this bill has been worked out with 14 them. This meets all of their requirements. It 15 also answers a question that was used as a basis 16 for the veto of Governor -- former Governor 17 Cuomo. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson. 20 SENATOR PATERSON: Thank you very 21 much, Senator Larkin. 22 You know, Senator Onorato is very 23 shy and he wouldn't want to be here and have his 10131 1 -- be flattered to this extent. He wouldn't 2 want you all to take pictures of him, so he 3 stepped outside the chamber for a moment when he 4 knew that you would mention him. I just have 5 one question. Under this bill - 6 ACTING PRESIDENT KUHL: Senator 7 Larkin, do you yield to a question from Senator 8 Paterson? 9 SENATOR LARKIN: Yes, Mr. 10 President. 11 ACTING PRESIDENT KUHL: The 12 Senator yields. 13 SENATOR PATERSON: Would it - 14 would there be a risk by the adoption of this 15 bill of diseased dogs and cats being used for 16 scientific research? 17 ACTING PRESIDENT KUHL: We 18 couldn't do it under this -- provisions of this 19 bill. 20 SENATOR PATERSON: Thank you, 21 Senator. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 10132 1 THE SECRETARY: Section 3. 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 50. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 SENATOR LACK: Mr. President. 10 ACTING PRESIDENT KUHL: Senator 11 Lack. 12 SENATOR LACK: (Inaudible.) 13 ACTING PRESIDENT KUHL: Without 14 objection, Senator Lack will be recorded in the 15 negative on Calendar Number 1276. 16 Senator Marchi will be also 17 recorded in the negative on Calendar Number 18 1276. 19 Senator Tully will be recorded in 20 the negative on Calendar Number 1276. Announce 21 the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar 1276 are Senators Lack, 10133 1 Marchi and Tully. Ayes -- also, Senator 2 DiCarlo. Also, Senator Padavan. Ayes 45, nays 3 5. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 The Secretary will continue to 7 call the controversial calendar. 8 THE SECRETARY: Calendar Number 9 1293, by Senator Lack, Senate Print 1297-A, an 10 act to amend the Surrogate's Court Procedure 11 Act, in relation to the statute of limitations. 12 SENATOR VELELLA: Lay it aside, 13 please. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1297, by Senator Padavan, Senate Print 3093, an 18 act to amend the Social Services Law, in 19 relation to the exclusion of illegal aliens. 20 SENATOR PATERSON: Explanation. 21 ACTING PRESIDENT KUHL: Senator 22 Padavan, an explanation of Calendar Number 1297 23 has been asked for by Senator Paterson. 10134 1 SENATOR PADAVAN: Thank you, Mr. 2 President. 3 Yesterday, we had considerable 4 discussion relevant to illegal aliens taking 5 advantage of various social programs. 6 Specifically, we talked yesterday about health 7 care, non-emergency health care. 8 This bill deals with public 9 assistance, welfare, in particular, which are 10 not mandated by federal law. It permits - 11 requires that Social Service agencies in this 12 state determine whether or not an applicant 13 complies with the requirements -- statutory 14 requirements for public assistance such as, of 15 course, being a citizen, lawfully admitted alien 16 either on a permanent resident basis or 17 temporary basis or any other person who is 18 permitted to be in this country by federal law 19 of which there are a number of categories. 20 We are reflecting specifically 21 the recommendations of the U.S. Commission on 22 Immigration Reform which I read to you yesterday 23 where they say specifically that illegal aliens 10135 1 should not be eligible for any -- and I'm quot 2 ing this -- "for any publicly-funded services or 3 assistance except those made available on an 4 emergency basis." 5 I also shared with the members a 6 portion of the speech given by the President on 7 May 6th of this year in which he specifically 8 indicates denying illegal aliens benefits for 9 public services or welfare. That, again, is a 10 direct quote. 11 So our initiative here is 12 consistent with inputs and studies and 13 recommendations that come from myriad sources. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson. 16 SENATOR PATERSON: If Senator 17 Padavan would yield. 18 ACTING PRESIDENT KUHL: Senator 19 Padavan, do you yield to Senator Paterson? 20 SENATOR PADAVAN: Yes. 21 ACTING PRESIDENT KUHL: The 22 Senator yields. 23 SENATOR PATERSON: Senator, I 10136 1 don't think that we need to go through the whole 2 conversation yesterday. I think that the issue 3 was generally well discussed between yourself 4 and Senator Espada and Senator Mendez and 5 Senator Marchi, so we don't need to duplicate 6 that discussion; wouldn't you agree? 7 SENATOR PADAVAN: I would agree 8 with you fully, and unless there's some specific 9 questions that I can answer, I would be happy to 10 proceed on that basis. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson. 13 SENATOR PATERSON: Just that it 14 seems to me that we're duplicating Section 131 15 of the Social -- Section 131 (k), rather, of the 16 Social Services Law where what you're trying to 17 accomplish in this legislation actually already 18 exists. 19 As a matter of fact, the 20 individual has to show this identification 21 before they could receive the public service 22 and, in addition, we now have finger-imaging, 23 which we're incorporating into this system, so I 10137 1 really don't know why we need to go much further 2 than that which already exists. 3 I do understand that when an 4 issue is important and an individual feels that 5 in spite of the fact that laws are on the books 6 that we're -- the conduct is not following the 7 law and this wouldn't be the first time we have, 8 in a sense, restated the law to send a message 9 about the importance of the issue, but other 10 than that, it seems to me that the law is well 11 spoken on this subject. 12 SENATOR PADAVAN: Let me respond 13 briefly, very briefly. 14 First, this bill has certain 15 provisions in it that are not in Section 131 16 (k), specifically the reporting provisions, but 17 beyond that, let me share with you specific 18 input from the welfare inspector general of the 19 state of New York and the New York City 20 Department of Social Services. 21 At one of a number of public 22 hearings we had in the city of New York, Mr. 23 Toro, whom I think you know, Elmer Toro, 10138 1 appeared before our committee and spent a 2 considerable amount of time sharing with us in 3 detail the fact of widespread fraud in our 4 welfare system in which he outlined chapter and 5 verse -- and his statements are in the reports 6 that we prepared last year and this year. He 7 outlined in chapter and verse the methodology 8 and the ways that people were getting into our 9 social services system in a fraudulent fashion. 10 He was followed on that day by 11 several representatives of the New York City 12 Department of Social Services, and I asked them 13 directly and again, this is a -- we have a 14 transcript of that dialogue for your perusal, if 15 you wish. I asked them directly what the 16 procedures were relevant to fraudulent 17 applications on the part of illegal immigrants 18 in our welfare system, and they said, "Well, we 19 comply with the law, 131 (k) and we do this and 20 we do that." My next question is "How many 21 persons" -- you have heard Mr. Toro say 22 widespread welfare fraud, thousands of people 23 getting in the system, costing us millions of 10139 1 dollars, "How many people last year did you 2 identify in this category?" The answer was 3 none, because in the city of New York we have 4 something known as Executive Order 124 which 5 literally precludes the intake person from even 6 making an inquiry, nevertheless without seeking 7 the support of some higher up supervisor -- I'll 8 wait until you confer with your staff and finish 9 my answer. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PADAVAN: So what I'm 13 telling you, Senator, is that while 131 (k) is 14 on the books in the city of New York, in 15 particular, it's virtually, if not specifically, 16 entirely ignored, and as far as the number of 17 persons who are coming into that system -- and 18 we have specific data, estimates provided to us 19 by the state division of social services as to 20 the magnitude of that problem. We're not 21 talking about small sums, we're talking about 22 millions and millions of dollars which I might 23 add again, to repeat what I said yesterday, 10140 1 hurts most of all those individuals legitimate 2 ly -- both immigrants and citizens, legitimately 3 entitled to social services. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Thank you, 7 Senator, if you would continue to yield. 8 SENATOR PADAVAN: Yes. 9 SENATOR PATERSON: At the point 10 that individuals are suffering and are now in 11 great need and we are compelled to treat them 12 even if they are illegal aliens, does not this 13 legislation put some people in the position of 14 not even reaching out to an agency only to find 15 later on that they become bad debt and charity 16 cases or so severely impaired by illness that we 17 are, in a sense, forced to treat them? 18 SENATOR PADAVAN: I don't -- when 19 you said "treat them", you're talking about 20 health care? 21 SENATOR PATERSON: Health care 22 situations, yes. 23 SENATOR PADAVAN: Again, we 10141 1 discussed that at great length yesterday. 2 Emergency medical health care is required by 3 federal law to be provided by the state, 4 parenthetically, may I say, at our total 5 expense. We had no compensation from the 6 federal government for it, but nevertheless, it 7 is mandated. So someone who is in need of 8 health care in the manner you just described 9 would be entitled to it and would receive it. 10 SENATOR PATERSON: And my 11 question, Senator, is are we, in effect, by 12 creating a situation where our social service 13 agencies -- in other words, the way we have a 14 law now, the individual can actually withdraw 15 their application once it becomes clear that 16 they're being referred to INS or they're being 17 referred to the consulate if they're a visitor 18 or they're being referred to some other agency, 19 what I'm saying, if we put them in the position 20 where we're turning the workers into INS agents, 21 do you think there would be a significant number 22 of individuals who would eschew the opportunity 23 to seek this type of assistance only to find out 10142 1 later that they become those medical cases that 2 we are actually talking about? 3 SENATOR PADAVAN: Senator, your 4 question is, forgive me for saying this, 5 somewhat ambiguous. These are people in this 6 country in violation of federal law. They are 7 law breakers. 8 SENATOR PATERSON: No, I 9 understand that, Senator. 10 SENATOR PATERSON: To quote the 11 President, "While we are a nation of immigrants, 12 we are also a nation of laws", and if someone 13 violates the law coming into this country in a 14 myriad of ways, they are doing so. Read 15 yesterday's New York Times that Senator Marchi 16 provided for us in terms of highlighting how 17 they're coming in from all over the world, 18 coming in by plane, by boat, across the border 19 from Canada, across the St. Lawrence in boats, 20 being put on buses, sent down to New York City, 21 being provided for a few hundred dollars a 22 complete set of fraudulent documents and getting 23 in our social service system. That is a fact. 10143 1 There is nothing that I'm saying 2 to you that is not verifiable in a variety of 3 ways, but in the city of New York, we turn a 4 blind eye to that illegality, and these 5 individuals are getting into our system, and 6 again I quote the welfare inspector general and 7 the state Department of Social Services who tell 8 us chapter and verse the estimates of costs 9 associated with that illegality. 10 So, Senator, I don't know what 11 you're asking me, unless you're saying that even 12 though that person is here illegally, violating 13 our laws, federal and state laws, we should 14 provide social services. If you're saying that, 15 then we really don't have a basis for dialogue. 16 SENATOR PATERSON: Senator, I'm 17 actually saying the same thing you're saying. 18 I agree with you and I understand 19 what you're saying about individuals who are 20 here illegally, who are, in a sense, trying to 21 manipulate and take advantage of the system and 22 you were -- it was a good point that you made 23 that it probably, in many respects, hurts others 10144 1 who legitimately are citizens who need social 2 services, but what I'm saying to you -- and let 3 me try to be clear since we're quoting great 4 Democrats today; you quoted the President's 5 speech on May 6, I want to quote Senator Pedro 6 Espada, his comments on June 14th right here in 7 the chamber yesterday, when he said that often 8 the children of illegal aliens who are citizens 9 of this country won't get to the medical 10 services they need because the parents are 11 afraid to go near the social services for fear 12 that they'll be caught. 13 So, in other words, what I'm 14 saying to you, Senator Padavan, is I'm not 15 trying to stand here and make a case for people 16 who are acting illegally. What I'm trying to do 17 is to -- to amplify the need beyond that need 18 where an individual is in a serious medical 19 condition and even you said that we have to 20 treat those cases. Cases where it's a life 21 threatening illness, we treat them, in a sense 22 as bad debt and charity cases in our hospitals. 23 What I'm saying to you is there 10145 1 is kind of an ancillary application to something 2 that we both agree on -- agree upon and that is 3 those individuals who, but for the fact that 4 they might seek this other assistance, may wind 5 up in that same situation. 6 Now, it is probably something 7 that you would regard as a stretch, but I'm 8 saying that what Senator Espada did yesterday 9 was he documented cases where it actually 10 happens. And so what I'm saying to you is are 11 we going to be that strict? Are we going to set 12 a standard that is that stern that we are going 13 to possibly lose those individuals who are in 14 need of health care; and before you answer, let 15 me just assure you that under the law, you are 16 absolutely right, but what I'm talking to you 17 about is not necessarily the application of the 18 law, but the reality of its ramifications. 19 SENATOR PADAVAN: Let me -- let 20 me answer the question in this fashion. First, 21 I think this country has demonstrated 22 compassion, perhaps more than some would like 23 but, nevertheless, there. When we must conform 10146 1 the federal mandates that say if an individual 2 shows up at a hospital, both public and private, 3 is in need of emergency health care which is 4 broadly defined, including a serious disease, 5 such as TB or anything else, that person will 6 receive that health care without question, the 7 full cost to the state, the locality involved. 8 That is compassion. 9 Federal law says that if a child 10 shows up at a public school irrespective of how 11 that child is in this country, there shall be 12 not even a question asked relevant to their 13 legal status. That is compassion, and all the 14 way down the list of every service that we have 15 to provide, federal mandates require that we 16 demonstrate, as you, I think, are saying, 17 indirectly or directly, compassion, but there is 18 a limit. 19 Now, let me repeat what -- or 20 give you a more specific fact. Inspector 21 General Toro informed our committee, quote, 22 "According to statistical data recently received 23 from the New York State Department of Social 10147 1 Services, a staggering $68,832,000 was expended 2 for emergency medical services for undocumented 3 aliens, illegal aliens ineligible for public 4 assistance for three years. The costs covered 5 the period from August '92 through July '93. 6 Approximately 63 million of the total figure was 7 expended in New York City." 8 Now, Senator, there's compassion 9 for you. That's a lot of money, and we're 10 spending it. A lot of it is being spent 11 consistent with federal law, a lot of it is not, 12 because those individuals who have gotten into 13 the system in a fraudulent way should not be the 14 beneficiaries of that type of compassion. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: I want to 18 thank Senator Padavan, Mr. President, for his 19 answers. 20 Mr. President, on the bill. 21 Senator Padavan is right, this is a country of 22 compassion. This is a country that has 23 demonstrated compassion and yet, Mr. President, 10148 1 it's exactly my fear that we are beginning to 2 lose that element that sets us apart from other 3 countries in the world that caused me to ask the 4 questions in the first place, if we're going to 5 start promulgating laws that are going to turn 6 our teachers, our social service providers and 7 our medical health care professionals into 8 immigration and naturalization agents, and so I 9 think in this particular circumstance, that 10 Senator Padavan is right if he says that the 11 current law, Section 131 (k) of the Social 12 Services Law is not actually working to the - 13 to a point where we're actually catching illegal 14 aliens, but I think that we are a system and we 15 also have laws. That may relate to how our 16 system operates, and I think that relates to 17 where we may need to make changes in our -- our 18 immigration detection and that kind of thing. 19 What I think we're doing is we're 20 taking this situation into a lot of different 21 areas where it really doesn't belong, in a 22 sense, turning all issues and all procedures 23 into some kind of a reflection on individual's 10149 1 immigration status which, I think, is going to 2 unfairly stigmatize a lot of Americans, and 3 that's what Senator Padavan was saying, if 4 illegal aliens come in and they take advantage 5 of our social services, that they are going to, 6 in a sense, impede the progress of citizens of 7 this country. 8 What I'm saying is that some of 9 these laws are also going to impede the progress 10 of Americans who happen to be either foreign 11 born or demonstrate some characteristic that 12 makes it clear that at some point they were from 13 a foreign land, and I don't want those 14 individuals to be walking around, literally in a 15 sense being checked at every point even when 16 they need help as if we were living in 1960s 17 Johannesburg. And so that's really my objection 18 to the legislation. 19 I think the point of it is well 20 made and I think that Senator Padavan raises an 21 important issue when he says that the federal 22 government has caused the state to have to pick 23 up a lot of these costs. I'm just saying that 10150 1 right now I think that we are taking this 2 legitimate problem that we have into a lot of 3 areas of government where it really doesn't need 4 to be focused. 5 Thank you. 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Marchi. 8 SENATOR MARCHI: Mr. President, 9 to reiterate some of the considerations I 10 advanced yesterday. Hard facts, difficult and 11 mistaken execution of the laws that we do have 12 sometimes invoke a terrible prejudice on the 13 very people that we all sympathize with, the 14 person who is exposed to major difficulties, and 15 I certainly respect the sentiments that Senator 16 Paterson gave testimony to in his remarks, but 17 it simply fails to deal with the -- with the 18 circumstances of evasion and what it does even 19 to those who are allegedly victimized by the 20 policy that I co-sponsor with Senator Padavan. 21 I recall my experience in the 22 hospital, the -- oh, if I can remember it right 23 now, the name of it -- in Tel Aviv where people 10151 1 come across -- at that time there was a state of 2 tension between Jordan and Israel, but they came 3 across the Allenby Bridge or through the various 4 points of access on a Wednesday afternoon and 5 could go and get treatment, hospital operations, 6 and then when the person was able to walk again 7 and navigate, then they were escorted out of the 8 country again. 9 This was an enlightened policy 10 that they followed and it did not victimize 11 people, and you have the problem of the -- of 12 the person who comes in under the circumstances 13 that Senator Padavan is addressing with really 14 no solution at all. 15 This bill requires a 180-day wait 16 before the effective date kicks in. Hopefully, 17 they may get some feeling, some reaction to this 18 in places where immigration policy is 19 formulated, but as I stated yesterday and I want 20 to circulate -- one of the Senators asked me for 21 the copy of the Times article where people 22 really bleed themselves to death practically to 23 get passage, elicit passage and then they lose 10152 1 all that money, because in some cases they are 2 caught and those who have exploited them keep 3 the money. 4 Then those that get here, I have 5 a feeling that there's a built-in interest by 6 people who support this system because it 7 enables them to use slave labor. The threat and 8 the powerless circumstances, the tragic 9 circumstances of the person who comes here un... 10 illegally and then is working in a factory being 11 paid substandard wages, living on the edge of 12 the razor simply because any -- any -- anything 13 they might do might invite the whistle blower. 14 It's a form of human slavery, and unless we 15 jettison poor public policy and proceed on a 16 constructive basis as some countries have done, 17 I feel that really there are no alternatives to 18 -- to what is being proposed here. 19 It does address the question of 20 dire need or persons who are in urgent need of 21 medical treatment and it does say we will extend 22 that assistance, but it's a terrible weapon and 23 there are people who are in slavery in this 10153 1 country, in 1995 who are literally slaves as a 2 result of this policy, because they're not in a 3 position to even lift their arms to fend off the 4 blows. It's bad public policy and we ought to 5 put an end to it. 6 ACTING PRESIDENT KUHL: Senator 7 Mendez. 8 SENATOR MENDEZ: Mr. President, I 9 -- even though I think -- I'm totally convinced 10 that Senator Padavan is correct in his bill in 11 wanting to deny all sorts of services to illegal 12 aliens, I think that the way that he is going 13 about it is in the wrong way. 14 The question of the -- the 15 compassion that our nation has had through the 16 years for the needy, it's not a question here. 17 The question here, Mr. President, will be 18 whether or not in this bill we would be 19 resolving the issue of illegal aliens, that they 20 should not be here and we all know it. Illegal 21 aliens shouldn't be here. 22 Now, I feel, Mr. President, that 23 New York State is a part of a federal 10154 1 government, and immigration is a function of the 2 federal government, and the question that I want 3 to ask Senator Padavan, if he will yield -- Mr. 4 President, will Senator Padavan yield for a 5 question? 6 Mr. President -- Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Mendez. 9 SENATOR MENDEZ: Will Senator 10 Padavan yield for a question? 11 ACTING PRESIDENT KUHL: Senator 12 Padavan, do you yield to Senator Mendez? The 13 Senator yields. 14 SENATOR MENDEZ: Mr. -- Senator 15 Padavan, you mentioned $68 million as a figure 16 that you were given for the total cost of these 17 services to the illegal aliens. That's the 18 figure that you cited. I know I was given the 19 figure of 300,000 illegal aliens in the entire 20 country. In fact, yesterday Senator Marchi 21 mentioned - 22 SENATOR PADAVAN: Excuse me, 23 Senator. Would you repeat that because I didn't 10155 1 hear you. 2 SENATOR MENDEZ: I will. Senator 3 Marchi mentioned yesterday that in the state of 4 New York there are 75,000 illegal immigrants. 5 SENATOR PADAVAN: Coming in every 6 year. 7 SENATOR MENDEZ: Every year. 8 Let's talk on a yearly basis. 9 SENATOR PADAVAN: We have over a 10 half a million. 11 SENATOR MENDEZ: Yes, but you 12 mentioned the $68 million that you mentioned 13 that are used, they are yearly expenditures as 14 well, so let's take it one year at a time. 15 SENATOR PADAVAN: Sure. 16 SENATOR MENDEZ: Say in any one 17 given year, there are 75,000 illegal aliens in 18 New York State. The figure that was given to 19 you of $68 million for services, that boils down 20 -- in health services, for example, that boils 21 down to close to $1 million per illegal alien. 22 There is something wrong in that figure and I 23 will tell you why. That is not - 10156 1 SENATOR PADAVAN: Mr. President, 2 will the Senator yield for just a minute? 3 SENATOR MENDEZ: Let me finish. 4 ACTING PRESIDENT KUHL: In a 5 moment. 6 SENATOR MENDEZ: Yes, I will, in 7 a second. 8 ACTING PRESIDENT KUHL: She will 9 yield in a moment. 10 SENATOR MENDEZ: So that 68- - 11 so that figure probably includes -- the figure 12 given to you by Health and Hospitals Corporation 13 probably includes all those charges in Medicaid 14 that are made by hospitals in the city of New 15 York for people who do not have any health 16 insurance. 17 Now, that bulk of people include 18 the working poor American citizens and -- and 19 those who are on public assistance, American 20 citizens, which is, in fact, an inflated figure 21 of medical costs that does not necessarily 22 include all -- only those illegal aliens. 23 Senator Padavan. 10157 1 ACTING PRESIDENT KUHL: Senator 2 Padavan, Senator Mendez will now yield. 3 SENATOR PADAVAN: Senator, I love 4 you dearly, but your arithmetic, you got to go 5 back to school. 6 SENATOR MENDEZ: I won't comment 7 on that. After we get out of the chamber, then 8 I will comment on that privately to you. 9 SENATOR PADAVAN: All right, all 10 right, all right. Senator, according to INS, 11 conservatively - 12 SENATOR MENDEZ: I'm sorry? 13 SENATOR PADAVAN: According to 14 the Immigration and Naturalization Service, 15 conservatively, there are 510,000 illegal aliens 16 in New York State, roughly 80 percent of them in 17 New York City. Now, that is a fact. Senator 18 Marchi - 19 SENATOR MENDEZ: Senator - 20 SENATOR PADAVAN: Sh-h-h. Bear 21 with me for a moment. Senator Marchi was 22 talking about the number coming in every year, 23 but they don't just come in and leave. That 10158 1 figure of over a half a million is a cumulative 2 figure as of, I think, 1993 when they provided 3 us that information. 4 Okay. Now, if you use - 5 SENATOR MENDEZ: Mr. President, 6 but the $68 million figure, is that a yearly - 7 yearly expenditure? 8 SENATOR PADAVAN: Yes. 9 SENATOR MENDEZ: On 500- -- on 40 10 percent of 500,000 illegal aliens? 11 SENATOR PADAVAN: Listen to me. 12 The $68 million as reported to us by state 13 division of social services is a figure expended 14 in a particular year. I think I quoted before 15 the specific year they were talking about. Even 16 if you took that figure and divided it by the 17 500,000, you would be talking like $100 a 18 person. I don't know where you got a million 19 from, but not all of the half a million illegal 20 aliens are on social services. A percentage of 21 them are, and the Department of Social Services 22 has provided us with specific information as to 23 what percentage and what the dollars are 10159 1 relevant to that population. That is where they 2 came up with the 68 million, specifically 63 3 million in the city of New York where the bulk 4 of it is. I hope you got your arithmetic 5 straight. 6 SENATOR MENDEZ: $63 million on a 7 yearly basis on 40 percent of whatever illegal 8 aliens are in the city of New York. 9 SENATOR PADAVAN: 80 percent are 10 in the city of New York. 11 SENATOR MENDEZ: 80 percent. So 12 how much is that? 13 SENATOR PADAVAN: It's over 14 400,000. 15 SENATOR MENDEZ: Yes. Okay. 16 Okay. In health care alone? 17 SENATOR PADAVAN: No, in social 18 services. Health care -- I will give you health 19 care. I'll repeat from yesterday. Health care 20 portion, they estimate around 30 million. 21 SENATOR MENDEZ: Senator Padavan, 22 the reality is that figures that have been 23 published in terms of the taxes paid by 10160 1 immigrants, legal immigrants and illegal aliens 2 as well, the taxes that these individuals pay 3 every year is $72 billion, and in terms of 4 services that they use, they're only using 43 5 -- around $43 billion a year, so we still have 6 43- to 72 million. Please, you're the good one 7 in arithmetic. We still have an excess of 8 billions of dollars on a yearly basis that we're 9 paying taxes for. 10 SENATOR PADAVAN: Senator, if - 11 Mr. President, if you're telling me that illegal 12 aliens are providing the state of New York two 13 billion, I think you said annually -- did you 14 say two billion? 15 SENATOR MENDEZ: I said, Senator 16 Padavan, that on a yearly basis the documented 17 as well as undocumented in the -- in the United 18 States pay 72, I believe, billion dollars in 19 taxes and I am also saying that nationally they 20 use only 43 something or other billion dollars, 21 so there is a -- a difference of over $20 22 billion that the nation is receiving because 23 they are paying taxes, but -- but, Senator 10161 1 Padavan, way and above that, what I really - 2 and I know that you're right in one sense. 3 Nobody has the right to be in our country 4 illegally. I completely am in agreement with 5 you on that. 6 I differ from you in terms of the 7 solution that you want to impose in New York 8 State in your urgent desire, correctly so, of 9 doing something about this problem. 10 I differ with you on that because 11 the people that are responsible for the 12 function, for controlling our borders are our 13 government, our federal government, and then all 14 of us, we don't believe in mandates. Why should 15 we at the local level impose hospitals, impose 16 on Social Services agencies, impose upon them 17 the verification of the status of people who go 18 for services? I think that is making little 19 immigration offices everywhere throughout the 20 state a burden on the existing employees, and we 21 are allowing the federal government to get away 22 legally with economic murder. 23 Don't you think that there will 10162 1 be -- Senator Padavan, don't you think that is 2 reasonable to believe that all these places, the 3 hospital, offices of economics, social services 4 departments throughout the entire state, they 5 will be becoming not only the city halls, but 6 little federal immigration offices and we'll be 7 burdening them with that. 8 SENATOR PADAVAN: No. The answer 9 to your question in regard to their becoming 10 what you just described, I don't share at all. 11 I would like to ask you, Senator, 12 when you get a chance, if you would look at 13 Appendix 1 of our most recent report which 14 confirms many of the things you just said. 15 Immigrants in this state and in this nation 16 provide a considerable amount of revenue, and I 17 have outlined it right down the line -- as a 18 matter of fact, in 1992, immigrants paid income 19 taxes of $1.7 billion in New York State. We 20 have it by income range, tax revenue, percent 21 foreign-born. 22 We, in this report, took almost 23 six months in collecting data on the contribu 10163 1 tions that immigrants have made in terms of 2 income taxes and other forms of revenues that 3 flow into our coffers, so I have no problem at 4 all in accepting that. 5 As a matter of fact, we spent, as 6 I said, an awful lot of effort of putting it in 7 here so people could read it, but let us not 8 confuse that with the illegal immigrants that 9 are addressed by this bill. They're not paying 10 income taxes. The only tax they're probably 11 paying is a sales tax because you can't avoid 12 that. 13 Those who are getting into our 14 social service system with fraudulent documents 15 -- and I'm sure you won't disagree with me, 16 because every day it seems we pick up the 17 newspaper and we hear about people arrested for 18 selling those documents and they're buying them 19 for one reason, to get into the system. Those 20 people are not paying taxes. Those are the ones 21 that Mr. Toro and the state Department of Social 22 Services provided us with the data as to what 23 they are costing the state for which we are not 10164 1 getting any compensation neither from the 2 individual nor from the federal government. 3 Now, your question was are our 4 intake offices, whether it be Social Services or 5 wherever, being required to do some checking? 6 Yes, they are, but they're being required to do 7 the checking for everybody. Welfare fraud is a 8 major issue in this state. 9 Now, with regard to immigrants, 10 however, there's a little thing known as 11 Executive Order 124 in the city of New York, and 12 it says you won't ask them about immigration. 13 You can ask them about anything you want that 14 relates to their application, but you won't ask 15 them about immigration. We cannot tolerate 16 that, and that's what this bill is all about. 17 SENATOR MENDEZ: Senator Padavan 18 -- Mr. President, as I said before - 19 ACTING PRESIDENT KUHL: Senator 20 Mendez. 21 SENATOR MENDEZ: -- I do know 22 that the intentions of Senator Padavan with this 23 bill are good intentions. On the other hand, we 10165 1 also know that the way to hell is full of good 2 intentions, and by that I mean an effort to 3 resolve this issue that is really bothering 4 every single person in New York State and 5 nationally, he's proposing a solution that will 6 not resolve the problem and could bring a lot of 7 discrimination on other people that are 8 legitimately American citizens either by birth 9 or by -- or because they have become some - 10 that afterwards. 11 So it is not the way. Why should 12 we except, as I said before, the federal 13 government from discharging their function of 14 dealing with the -- with who should be in the 15 country and for how long, and I think that will 16 be imposing extra work to the -- the offices 17 throughout the state, and that is not -- that 18 shouldn't be their function. 19 So, really, it's a misguided 20 solution to an existing problem, and I hope that 21 my colleagues do not support this bill. 22 Senator Padavan has done a lot of 23 work on that. He must go back to the drawing 10166 1 board and really try to find out more creative 2 ways of finding a solution to this problem. The 3 whole basis in which this is -- this is done are 4 premises that are wrong, wrong because they are 5 based just on gender stereotypes as to who the 6 immigrant is. 7 While I think that this bill has 8 had plenty of discussion yesterday and today, I 9 don't believe that we should beat a dead horse 10 anymore. I just want to ask my colleagues to 11 consider very seriously voting against this 12 measure. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT KUHL: Announce 22 the results when tabulated. 23 The Chair recognizes Senator 10167 1 Leichter to explain his vote. 2 SENATOR LEICHTER: To explain my 3 vote. I think I have made very clear my 4 concerns about some of the legislation that 5 Senator Padavan has advanced. I don't see the 6 problem as he does. I'm a bit concerned about 7 the motivation, but I must say I see no problem 8 and nothing wrong in requiring verification by 9 somebody who applies for public assistance that 10 that person is really entitled to it, and if, 11 among other matters that have to be verified as 12 citizenship or the right to be in the country, I 13 don't find that offensive. 14 We ask a person to identify where 15 they live. We certainly ask them to identify 16 that they are -- that they qualify financially 17 for the public assistance. I have supported 18 finger-imaging. I don't find anything offensive 19 in that. I mean, I think if somebody applies 20 for assistance from government, then government 21 has a right and, in fact, an obligation to 22 establish in a credible, reasonable manner that 23 the person is entitled. 10168 1 So I'm going to support the bill, 2 but I just want to state again as I did in 3 connection with the other bills, my concerns 4 about the -- or the insinuation that really so 5 many of our problems are being caused by illegal 6 immigrants or legal immigrants who come here and 7 are burdening the social service system. 8 I'm also somewhat concerned about 9 language in this bill in Section 2 where it 10 requires entities to provide all sorts of 11 information without really being clear that - 12 what is being referred to, but I think a good 13 faith effort -- and I take this to be a good 14 faith effort -- that people have to establish 15 that they are entitled to public assistance, I 16 have no problem with that. 17 ACTING PRESIDENT KUHL: Senator 18 Leichter will be recorded in the affirmative. 19 Senator Gold to explain his vote. 20 SENATOR GOLD: Yes. I would like 21 the words of Senator Leichter attributed to me. 22 I vote yes. 23 ACTING PRESIDENT KUHL: Senator 10169 1 Gold will be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar 1297 are Senators 5 Abate, Connor, Markowitz, Mendez, Paterson and 6 Smith. Also, Senator Montgomery. Ayes 45, nays 7 7. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 The Secretary will continue to 11 call the controversial calendar. 12 Senator Maltese, why do you 13 rise? 14 SENATOR MALTESE: Mr. President, 15 I ask unanimous consent to be recorded in the 16 negative on Calendar Number 176. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator Maltese 19 will be recorded in the negative on Calendar 20 Number 1276. 21 THE SECRETARY: Calendar Number 22 1322, by Senator Skelos, Senate Print 2458A, an 23 act to amend the Family Court Act, in relation 10170 1 to orders of protection. 2 ACTING PRESIDENT KUHL: Senator 3 Skelos, an explanation has been asked for on 4 Calendar Number 1322. 5 SENATOR SKELOS: Mr. President, 6 under the bill, the court may, as a condition of 7 relief in an order of protection, prohibit the 8 respondent from transferring, encumbering or 9 otherwise disposing of property otherwise 10 mutually owned or leased. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson. 13 SENATOR PATERSON: Mr. President, 14 I think this bill is of very good intent and 15 it's fine really, but do you think that by 16 passing this legislation that we may actually 17 inhibit courts, because since the courts have 18 the power to effect this right now, whatever 19 would be deemed left out of this legislation 20 would be construed to be as intent on the part 21 of the Legislature and now the courts might 22 actually be barred from taking action that it 23 otherwise could take right now? 10171 1 SENATOR SKELOS: I don't believe 2 that. Really what we're trying to do is avoid 3 the control that a person who perpetrates 4 domestic violence against a spouse -- they do it 5 many times to control the person by perhaps 6 saying, "You can't use the car. I'm going to 7 transfer these assets, I'm going to take the 8 keys," and really what we're looking to do is 9 give the court at a critical point when they're 10 going for an order of protection, a little bit 11 more that they can do to protect the spouse that 12 is being abused. 13 SENATOR PATERSON: Now, Senator, 14 if you would continue to yield. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos, do you continue to yield? 17 SENATOR PATERSON: There is 18 concurrent jurisdiction here that the criminal 19 court has, but I notice you haven't amended the 20 Criminal Procedure Law so that the criminal 21 court can, in a sense supervene the Family 22 Court. Is there a reason that you did not amend 23 the Criminal Procedure Law to coincide with what 10172 1 you're trying to accomplish? 2 SENATOR SKELOS: There's no 3 reason for it. It's a suggestion that we'll 4 look at. 5 SENATOR PATERSON: Oh. All 6 right. Thank you very much, Senator. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 52. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1354, by Senator Maziarz, Senate Print 5321, an 19 act to amend the Criminal Procedure Law, in 20 relation to period of limitation. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Maziarz, an explanation of Calendar Number 1354 10173 1 has been requested by the Deputy Minority 2 Leader, Senator Paterson. 3 SENATOR MAZIARZ: Thank you, Mr. 4 President. 5 Mr. President, this legislation 6 eliminates the statute of limitations for 7 prosecution of Class B violent felonies. 8 Currently only a Class A felony has no statute 9 of limitations. Under present law, there is a 10 five-year limitation within which charges must 11 be filed against a person accused of a Class B 12 felony. These crimes are violent and horrible 13 and should be prosecuted even if it takes six, 14 seven years to solve the crime. 15 By way of further explanation, 16 Mr. President, I want to say that there's a 17 particular instance which was brought to my 18 attention in the -- in the western New York area 19 by an article that was written in the local 20 Buffalo News about a serial rapist who has - 21 who the local police feel has been attacking 22 women since 1986. 23 I'll just read a little bit from 10174 1 this article, Mr. President, if I may. "The 2 serial rapist who attacked eight local women 3 since 1986 has eluded not only an exhaustive 4 dragnet by Buffalo and Amherst detectives but 5 also prosecution for the first five rapes. Why? 6 A statute of limitations, an age old pillar of 7 the criminal justice system. 8 "In the state of New York a 9 statute of limitations means charges must be 10 filed within five years of any felony crime 11 except murder which has no restrictions, so even 12 if the man is caught he will not face charges on 13 five attacks between June of 1986 and August of 14 1989, three in Buffalo and one each in Hamburg 15 and Amherst. 'We have but five calendar years 16 from the date of the offense to file charges,' 17 explained Frank J. Clark III, Erie County's 18 First Deputy District Attorney. 'If it extends 19 beyond that it's dead.'" 20 I would just add, Mr. President, 21 that the Niagara County Legislature has 22 unanimously gone on record and sent me a 23 resolution requesting this Legislature to adopt 10175 1 this bill. 2 Senator? 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Mr. President, 6 if Senator Maziarz will yield. 7 ACTING PRESIDENT KUHL: Senator 8 Maziarz, do you yield? 9 SENATOR MAZIARZ: Yes, I will. 10 ACTING PRESIDENT KUHL: Senator 11 yields. 12 SENATOR PATERSON: Senator 13 Maziarz, some of the classifications are 14 certainly open to reinterpretation. I 15 appreciate that you're trying to do that in this 16 legislation, but usually the delineation between 17 the Class A and Class B felonies was the fact 18 that we had no statute of limitations for Class 19 A felonies. So, in other words, if you're 20 actually saying that a certain type of crime is 21 so serious that we would want to continue to 22 have the opportunity to prosecute an individual 23 later down the road, wouldn't it also be 10176 1 possible to upgrade the classifications for that 2 particular crime such as the case that you just 3 described, where I guess five of the eight rapes 4 cannot be prosecuted because they were committed 5 between 1986 and 1989 and the statute has run on 6 those particular cases? 7 SENATOR MAZIARZ: Yes, Senator. 8 I think that that would also be another avenue, 9 an additional avenue, to do it other than this 10 piece of legislation, yes; and, by the way, the 11 number has increased since -- since this article 12 was written. I believe it's up to seven now. 13 SENATOR PATERSON: Well, I guess 14 you're right, because now anything that occurred 15 before, I guess, June 1990, is barred by the 16 statute. 17 SENATOR MAZIARZ: Yes. 18 SENATOR PATERSON: You're 19 absolutely right. 20 SENATOR MAZIARZ: Yes. 21 SENATOR PATERSON: But - 22 ACTING PRESIDENT KUHL: Senator 23 Maziarz, do you continue to yield? 10177 1 SENATOR MAZIARZ: Yes, I do. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR PATERSON: If we could 5 define the statute of limitations and why we 6 have statutes. First of all, we don't want 7 witnesses to become stale. Secondly, there is 8 an issue of making law enforcement react quickly 9 to particular cases such that there is no 10 deliberateness to try to make sure that the 11 cases are disposed of as quickly as possible. 12 We do have the problem in any prosecution of any 13 type of crime that, if the perpetrator, the 14 suspect is a fugitive from the law, it's -- this 15 is a special kind of a situation because we're 16 not even in the position to prosecute, but 17 although there are a number of Class B felonies 18 that carry with it some pretty serious 19 ramifications to the victim, are you really 20 prepared right now to, in a sense, toll the 21 statute for all of the Class B definitions? 22 SENATOR MAZIARZ: Yes, I am, 23 Senator. That's the intent of this 10178 1 legislation. If I could just respond to what 2 you said that, you know, it was meant to put 3 some cap on it, cap on prosecution, due to 4 evidence becoming stale, and so forth. I think 5 that, you know, since these statutes were - 6 were initiated and passed into law, you know, 7 crime detection has -- has come a long way. 8 Particularly today we see with DNA evidence, 9 computerization of crime records, and so forth, 10 so I think that, you know, the crime detection 11 has also evolved in time, and I think that the 12 laws have not. They've remained stagnant. 13 SENATOR PATERSON: Mr. President, 14 I thank Senator Maziarz, and on the bill. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson, on the bill. 17 SENATOR PATERSON: This is a - 18 this is a digital question, it really is, and 19 yet it's a valid concern that Senator Maziarz 20 raises. I know that I discussed some time ago 21 with Senator Volker the idea of tolling the 22 statute of limitations in child sexual abuse 23 cases, because in those situations often the 10179 1 perpetrator is a -- a custodial agent or some 2 personnel from the school or the school bus 3 company or something like that, or unfortunately 4 even the parent and in those cases, out of fear 5 or intimidation, the young person really can't 6 bring or can't come forward, and so we would 7 like to put them in the position of at least 8 maturity before we start running the statute of 9 limitations and although, I think Senator Volker 10 and I agree that that probably is a good idea in 11 those particular cases, the statute of limita 12 tions is something that is really -- something 13 that has been well founded in our law for a long 14 period of time. 15 When an instance such as the one 16 that Senator Maziarz raises occurs, I guess we 17 really do have to think about it because it 18 would be unseemly to actually find whoever this 19 serial rapist is in western New York and then 20 down the -- down the line be unable to prosecute 21 them because of a bar to the statute, and so I'm 22 really open on -- on this particular issue, Mr. 23 President. 10180 1 I would like you to recognize 2 Senator Abate who would like to ask some 3 questions on this. But it is something that I 4 think has good points on both sides of it. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Abate. 7 SENATOR ABATE: Yes. Would 8 Senator Maziarz yield to a question? 9 SENATOR MAZIARZ: Yes, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR ABATE: Yes, Senator. 14 I'm sympathetic to this issue. In fact, my name 15 is on the bill extending the statute of 16 limitations for child victims, victims of sexual 17 assault and sexual abuse, and I supported that 18 because there is a rationale. 19 My concern around this statute is 20 so broad and it eliminates the statute of 21 limitations for all "B" felony or violent felon 22 cases. 23 Did you reach out to the district 10181 1 attorneys of the state? What is the position of 2 the Law Enforcement Council or the District 3 Attorneys Association vis-a-vis this bill? 4 SENATOR MAZIARZ: I didn't -- I 5 did not reach out to the District Attorneys 6 Association. I did reach out to the three 7 district attorneys in western New York and, in 8 Niagara, Orleans and Erie County. 9 SENATOR ABATE: And they support 10 this bill? 11 SENATOR MAZIARZ: Yes, they do. 12 SENATOR ABATE: I'm somewhat 13 surprised. I understand the situation in terms 14 of rape and DNA, but in terms of the burglary 15 and criminal possession of weapons and all the 16 -- and the robberies, it would seem to me that 17 district attorneys would have a problem with 18 this because they need evidence brought to 19 them. They need witnesses to come forward as 20 soon as possible. They need to do a prompt 21 investigation and, if there's no closure on the 22 tens of thousands of cases in New York State 23 because there's no statute of limitation, I 10182 1 think it could create an enormous burden on 2 district attorneys and obviously to defendants 3 who are going to have great difficulty defending 4 these cases. 5 Don't you see the issue that we 6 should be more selective like there was in sex 7 offenses? There's a rationale, particularly 8 with children because they don't remember the 9 trauma that's caused to children because of 10 sexual assault that maybe -- not maybe, years 11 they need to go into therapy. They then realize 12 maybe ten years later that they've been 13 assaulted, but this is not the case across the 14 board with your bill. 15 SENATOR MAZIARZ: I certainly - 16 are you finished? I'm sorry. 17 SENATOR ABATE: Sure. 18 SENATOR MAZIARZ: I certainly do 19 understand your rationale, and I would support 20 that bill, Senator, but I think that just to say 21 to bring closure to a case by letting the 22 statute run and say, Well, it's beyond the 23 statute of limitations, we can't prosecute; the 10183 1 case is closed, I think that it's a wrong 2 direction to go in, to bring closure just by 3 having the statute run, say now we can go on to 4 something else, and I don't think that that 5 necessarily helps the victim of that crime, 6 certainly not in the instance that I pointed 7 out, and I'm sure you would agree with that, and 8 I realize that this may be an extra burden on 9 the district attorney, but I think the district 10 attorneys are more interested in closure through 11 prosecution. I would hope that they would be 12 anyway, in closure through prosecution as 13 opposed to closure through letting the statute 14 run. 15 SENATOR ABATE: Wouldn't a better 16 approach be because it's -- maybe you can come 17 up with one case throughout the state or five 18 cases to extend the statute of limitations maybe 19 beyond five years and have some discussion 20 around that for some sexual assault cases and 21 other kinds of cases because of new technology 22 like DNA? Maybe there should be a discussion 23 that the five years should become seven years or 10184 1 the five years should become ten years. 2 To me, that is a more responsible 3 approach, particularly for the defendant as well 4 as the prosecution, and this seems to go beyond 5 a rational resolution of the problem. Have you 6 looked at, Senator, the consideration of 7 extending the five years to another time period? 8 SENATOR MAZIARZ: I was wondering 9 where the question was, Senator, but - 10 SENATOR ABATE: Yes. 11 SENATOR MAZIARZ: Have I looked 12 into it? 13 SENATOR ABATE: Yes. 14 SENATOR MAZIARZ: Yes, I have 15 looked into it, to be more specific, but I felt 16 that this bill would be the right way to go. 17 SENATOR ABATE: Senator, the 18 example that you related to, which was multiple 19 rape cases, if the statute was extended to seven 20 or ten years, those crimes would be prosecut 21 able, is that correct? 22 SENATOR MAZIARZ: Yes, they would 23 be. 10185 1 SENATOR ABATE: Do you know of 2 any case, if the statute was ten years that - 3 in your jurisdiction, that could not be 4 prosecuted? 5 SENATOR MAZIARZ: That could not 6 be? 7 SENATOR ABATE: Yes. 8 SENATOR MAZIARZ: No, I'm not 9 aware of any. 10 SENATOR ABATE: Because what I'm 11 suggesting is we look at cases beyond the ten 12 years. Will the witnesses be available? Will 13 the evidence be reliable? It will be very, very 14 difficult in any event for a prosecution to 15 occur, and I would hope that if this does not 16 pass this year, that you would consider limiting 17 this bill to certain types of crimes and also 18 not eliminating the statute of limitations but 19 maybe extending it beyond the five years. 20 SENATOR MAZIARZ: Well, we'll see 21 how this bill does in the other house of this 22 Legislature and, if it doesn't, maybe we could 23 get together. 10186 1 SENATOR ABATE: So we could have 2 future discussions. 3 SENATOR MAZIARZ: Yes. 4 SENATOR ABATE: O.K. Thank you. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 52, nays 13 one, Senator Abate recorded in the negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1356, by Senator Spano, Senate Print 1119, an 18 act to amend the Public Health Law, in relation 19 to the extension of professional privileges. 20 SENATOR PADAVAN: Will you lay 21 that aside temporarily, please. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside temporarily. 10187 1 THE SECRETARY: Calendar Number 2 1358, by Senator Hoblock, Senate Print 1985, an 3 act to amend the General Municipal Law, in 4 relation to the definition of a bell jar. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Hoblock, an explanation of Calendar Number 1358 8 has been asked for. 9 SENATOR HOBLOCK: Yes, Mr. 10 President. 11 Mr. President, this amends a 12 provision of the General Municipal Law that 13 would allow the sale of what has been referred 14 to as "bell jar" tickets through a vending 15 machine. 16 Right now, bell jar tickets are 17 available in certain places and establishments, 18 obviously if they conform with the law and 19 obtain the license from the local municipality, 20 and these are sold by hand and there appears to 21 be some problems in some jurisdictions where the 22 record keeping may not be as best as it should 23 be because it is being handled by hand. 10188 1 What this does is allow those 2 bell jar tickets to be sold from a vending 3 machine as opposed to one handing them out, and 4 there would be better accountability, better 5 record keeping, more money for the municipality, 6 for the state and for the charity involved. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Mr. President, 10 if Senator Hoblock will yield for a question? 11 SENATOR HOBLOCK: Sure. 12 ACTING PRESIDENT KUHL: The 13 Senator yields. 14 SENATOR PATERSON: Senator, if we 15 allow this type of sale to occur through the 16 process of vending as in a vending machine, then 17 how do we restrict access to minors? 18 SENATOR HOBLOCK: Well, I think 19 the same way it is now. I think obviously 20 somebody is going to have to monitor this as 21 they do now. I mean I don't think there's any 22 -- any way that, or maybe to say that there's 23 no difference between a vending machine or a 10189 1 person there handing them out. You're still 2 going to have to abide by the law -- comply with 3 the law. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Mr. President, 7 if the sponsor would yield again. 8 ACTING PRESIDENT KUHL: Senator 9 Hoblock, you continue to yield? 10 SENATOR HOBLOCK: Sure. 11 ACTING PRESIDENT KUHL: Senator 12 continues to yield. 13 SENATOR PATERSON: Senator, if a 14 person is handing them out -- and we've had that 15 problem with alcohol, and we've had that problem 16 with videos and that kind of thing -- at least 17 there's someone you can hold to a higher duty. 18 In fact, we're holding the distributors of 19 alcohol to a higher standard than we used to 20 because of the fact that they have allowed 21 younger people to participate. 22 In the present case, the ones 23 that you're describing, we really don't have any 10190 1 recourse. We can't -- there isn't even the 2 slightest, you know when an individual is -- is 3 handing things out, at least there's the 4 perception of -- within the buyer that they've 5 got to at least make the person think that there 6 are certain names, but to just push a couple of 7 buttons, I see a wide difference in that. 8 Who is making these vending 9 machines by the way? 10 SENATOR HOBLOCK: I'm sorry. 11 Who's making them? 12 SENATOR PATERSON: The 13 manufacturer. 14 SENATOR HOBLOCK: Well, I suppose 15 they would buy them from any manufacturer, 16 distributor, that deals in this type of 17 product. I'm not sure who that would be by 18 name. 19 SENATOR PATERSON: Mr. President, 20 to the sponsor, cigarettes, for instance, are 21 distributed through vending machines and we have 22 that same problem. That's what I'm really 23 trying to impress upon you is the fact that just 10191 1 to remove even the -- even the symbol of 2 society's contempt for younger people who would 3 get involved either in the consumption of 4 alcohol, the purchase of cigarettes or the 5 involvement in this -- with these bell jars, is 6 something that we have a -- a strong concern 7 about. 8 If the sponsor would yield? 9 ACTING PRESIDENT KUHL: Senator 10 Hoblock, do you yield? 11 SENATOR HOBLOCK: I will. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR PATERSON: I'm thinking 15 about some of the things that we're 16 contemplating right now, Keno and video lottery, 17 and that kind of thing. Just the value of it, 18 even if there is a -- even if there is a profit, 19 do you think that that is real that this is 20 really a good public policy, a good message to 21 be sending in spite of whatever revenues might 22 be raised, the fact that we are exposing it to 23 younger people, and the fact that we are as a 10192 1 matter of course in such a state that we have to 2 resort to this kind of thing, do you think as a 3 Legislature, this is a positive direction for us 4 to be moving? 5 SENATOR HOBLOCK: Well, I -- I'm 6 not sure that this bill addresses the whole 7 policy of -- of this type of game or addresses 8 this whole arena of bell jars or any form of 9 wagering. I mean this -- this law obviously has 10 been on the books for quite a while. This 11 Legislature had approved it subject to local 12 municipal licensure and approval, and it's been 13 ongoing now. This is the type of operation as 14 conducted in our veterans' posts, our Elks 15 Lodges, Moose, and like benevolent fraternal 16 organizations for them to -- to raise the 17 necessary funds for their charity work, and all 18 this does is what we're trying to do is correct 19 what we felt was a problem in the accountability 20 and record keeping in the way these bell jar 21 tickets are being handled now. 22 Now, in terms of the minors, 23 Senator Paterson, you know, I -- while you were 10193 1 talking, I kept -- happened to think, you know, 2 we have this vending betting at our racetracks 3 now, and I -- I assume that at these particular 4 places, that is our racetracks, they are doing 5 the same coverage and enforcement that will or 6 would apply here. 7 SENATOR PATERSON: Thank you, 8 Senator. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: On the bill. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson, on the bill. 14 SENATOR PATERSON: It may be - 15 it may be that -- (microphone inoperative) I 16 think it should actually make it more difficult. 17 SENATOR PADAVAN: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Padavan. 20 SENATOR PADAVAN: Would like to 21 call the roll. 22 ACTING PRESIDENT KUHL: I think 23 Senator Solomon wishes to speak on the bill, 10194 1 please. 2 Senator Solomon. 3 SENATOR SOLOMON: Yes, will 4 Senator Hoblock yield, please? 5 ACTING PRESIDENT KUHL: Senator 6 Hoblock, do you yield? 7 SENATOR HOBLOCK: Sure. 8 ACTING PRESIDENT KUHL: Senator 9 yields. 10 SENATOR SOLOMON: Senator, this 11 doesn't deal with the bill itself, but allows 12 that organizations, participating organizations 13 that are allowed to sell this. What 14 organizations are allowed to sell these bell jar 15 raffles or whatever they are? 16 SENATOR HOBLOCK: Well, it's my 17 understanding that the local municipality has to 18 have a public referendum on the licensure of 19 anyone doing this type of operation, and these 20 organizations that apply for this license within 21 the local municipality are usually your benevo 22 lent, fraternal and charitable organizations. 23 They're not commercial establishments in the 10195 1 sense that we know commercial establishments. 2 They may be, as I say, the Elks Lodges, the 3 Moose, the veterans' posts, they're primarily 4 the organizations that utilize this. 5 SENATOR SOLOMON: Thank you. 6 Mr. President, will Senator 7 Hoblock yield for one more question? 8 ACTING PRESIDENT KUHL: Senator 9 continues to yield. 10 SENATOR SOLOMON: Senator, to the 11 best -- do you have any knowledge as to whether 12 or not organizations in New York City are 13 licensed to use this or any New York City 14 organizations are allowed to sell these bell jar 15 tickets? 16 SENATOR HOBLOCK: I'm not. I'm 17 not. 18 SENATOR SOLOMON: Thank you, Mr. 19 President. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 SENATOR PADAVAN: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 10196 1 Padavan, to explain his vote. 2 SENATOR PADAVAN: No, I'd like to 3 ask Senator Hoblock a question. 4 Senator, I heard you say that a 5 local referendum is required? 6 SENATOR HOBLOCK: I don't believe 7 so. 8 SENATOR SOLOMON: Can't hear. 9 ACTING PRESIDENT KUHL: Senator 10 Padavan, excuse me just a minute. Senator 11 Solomon is having a difficult time hearing your 12 conversation. Could we quiet it down in the 13 chamber, please, take the conversations outside? 14 Thank you, Senator Padavan. 15 SENATOR PADAVAN: Senator 16 Hoblock, last year you were not here, so you're 17 not obviously privy to a considerable debate we 18 had on a bill that expanded both the size of the 19 wager and all of the opportunities relevant to 20 bell jars, which made it far more potentially 21 harmful in terms of how much people could lose, 22 and so on. 23 In the course of that debate, we 10197 1 were led to believe, based on representations, 2 that all one had to do was apply to the state 3 wagering board to have a bell jar. There was no 4 requirement -- if you have some reference that 5 refutes that, I'd be happy to hear it. There is 6 no requirement for any local referendum and all 7 like charitable organization of the kinds you've 8 identified, would have to do is fill out a form, 9 file it with the state wagering board and get a 10 license to have a bell jar. There's no local 11 referendum, so I'm only standing up here to 12 correct you on that point. 13 I have many problems with the 14 entire concept. We seem to be making excuses 15 for -- we say we have vending machines in one 16 category, so why not have it in another. We say 17 we have a state lottery, why not have a Quick 18 Draw lottery? We have a Quick Draw lottery and 19 Indians, why not have casinos? We seem to be 20 sliding down that slippery slope on an 21 accelerated basis, and this is just one more 22 direction. 23 But I do have to correct you, 10198 1 Senator, and I hesitate to do so. There is no 2 referendum required. 3 SENATOR HOBLOCK: I could be -- I 4 could be wrong, Senator Padavan. It is my 5 understanding that that was the case, but I know 6 my own municipality went through it, and I don't 7 have the law in front of me, so you could -- you 8 could very well be right, but I know that there 9 is some type of game or operation -- maybe it's 10 just the Las Vegas nights, I'm not really sure 11 -- in which the local municipality has to have 12 on its books approval by the public in the form 13 of a referendum. 14 Now, whether that covers bell jar 15 activity, I don't know for sure standing here. 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator Stachowski. 18 SENATOR STACHOWSKI: On the bill, 19 I rise to support this bill. It's -- my 20 district has a lot of volunteer companies and 21 veterans' posts that already have bell jars. 22 We're not putting something in that's not there 23 already, but this -- this particular way of 10199 1 selling them in a machine has been requested for 2 them and discussed among volunteer fire 3 companies for quite a few years, and I'm glad 4 that Senator Hoblock is sponsoring this bill and 5 I hope it will pass and pass the other house and 6 get signed by the Governor because it will be a 7 great help to all these organizations, and I 8 think that it's something that will prove 9 necessary not only in keeping records but in the 10 actual selling of them in their clubhouse and so 11 that somebody doesn't constantly sit there and 12 be doing it. 13 So I think it's a good bill. The 14 volunteer fire companies have been working for 15 this, and I urge my colleagues to vote yes on 16 this. 17 ACTING PRESIDENT KUHL: The 18 Secretary 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. ) 10200 1 ACTING PRESIDENT KUHL: Announce 2 the results when tabulated. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar 1358 are Senators 5 Babbush, Cook, DiCarlo, Gold, Hannon, Holland, 6 Kruger, Maltese, Marcellino, Maziarz, Padavan, 7 Paterson, Saland, Skelos, Smith, Solomon and 8 Tully. Ayes 37, nays 17. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 SENATOR GOLD: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Gold, why do you rise? 14 SENATOR GOLD: Yeah, Mr. 15 President. I was out of the room when we 16 handled Calendar 1354, Senator Maziarz' bill, 17 which would eliminate all statutes of 18 limitations for "B" felonies which would include 19 attempted crimes and while I would support 20 increasing a statute of limitations if that was 21 necessary, the concept of prosecuting someone in 22 20, 25 years after they allegedly attempted an 23 arson, is ludicrous. 10201 1 I vote -- I ask for permission to 2 be recorded in the negative. 3 SENATOR MENDEZ: What's the 4 number? 5 SENATOR GOLD: 1354. 6 ACTING PRESIDENT KUHL: Without 7 objection -- without objection, Senator Gold 8 will be recorded in the negative on Calendar 9 Number 1354. 10 Senator Mendez, why do you rise? 11 SENATOR MENDEZ: Yes, I'm also 12 requesting to be reported in the negative on 13 Calendar 1354. 14 ACTING PRESIDENT KUHL: Without 15 objection, hearing no objection, Senator Mendez 16 will be recorded in the negative on Calendar 17 Number 1354. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: I likewise 20 would like to be recorded in the negative on 21 1354, and would request unanimous consent. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator 10202 1 DeFrancisco will be recorded in the negative on 2 1354. 3 Senator Stachowski. 4 SENATOR STACHOWSKI: Mr. 5 President, I also rise to seek unanimous consent 6 to be recorded in the negative on 1354. 7 ACTING PRESIDENT KUHL: Without 8 objection, Senator Stachowski will be recorded 9 in the negative on Calendar 1354. 10 Senator Holland. 11 SENATOR HOLLAND: Same for me on 12 1354. 13 ACTING PRESIDENT KUHL: Without 14 objection, hearing no objection, Senator Holland 15 will be recorded in the negative on Calendar 16 1354. 17 Senator Oppenheimer. 18 SENATOR OPPENHEIMER: Ditto. I 19 request unanimous consent. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator 22 Oppenheimer will be recorded in the negative on 23 Calendar Number 1354. 10203 1 Senator Babbush. 2 SENATOR BABBUSH: 1354, negative. 3 ACTING PRESIDENT KUHL: Without 4 objection, hearing no objection, Senator Babbush 5 will be recorded in the negative so Calendar 6 Number 1354. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 at this time, if we could take up Senator 10 Spano's bill, Calendar Number 1356. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the title of Calendar Number 1356. 13 THE SECRETARY: Calendar Number 14 1356, by Senator Spano, Senate Print 1119, an 15 act to amend the Public Health Law, in relation 16 to the extension of professional privileges. 17 SENATOR PATERSON: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Spano, an explanation of Calendar Number 1356 20 has been asked for by Senator Paterson. 21 SENATOR SPANO: Mr. President, 22 this -- this bill would provide podiatrists with 23 the opportunity to be considered for hospital 10204 1 privileges rather based on their individual 2 competence and professional qualification. 3 The bill has got a no-cost 4 implication. The hospitals have declared that 5 certain types of practice are inconsistent with 6 their mission and with that type of a 7 declaration, they would exclude entire classes 8 of licensed professionals who have access to 9 hospital privileges. 10 Now, this would, in my opinion, 11 violate the spirit and the intent of why -- of 12 Section 2801 (b) of the Public Health Law, and 13 should be curtailed. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson. 16 SENATOR PATERSON: Mr. President, 17 would Senator Spano, who is my friend and lives 18 in Westchester, be willing to yield for a 19 question? 20 ACTING PRESIDENT KUHL: Senator 21 Spano, do you yield? 22 SENATOR SPANO: Yes. 23 ACTING PRESIDENT KUHL: Senator 10205 1 yields. 2 SENATOR PATERSON: Senator, do - 3 is it necessary for us legislatively to mandate 4 that this happen; in other words, in a sense to 5 micromanage the hospitals? Is there a way that 6 the hospitals can arrive at this same conclusion 7 without our intervention? 8 SENATOR SPANO: The -- this - 9 Senator Paterson, this does not mandate that 10 hospitals have to allow podiatrists to get 11 privileges. What it does say that we can't 12 discriminate against the license, that if 13 podiatrists are good enough to be licensed by 14 New York State, that they have should not be 15 discriminated against by hospitals who don't 16 want to use -- who don't want to extend this 17 corporate practice to podiatrists. 18 SENATOR PATERSON: Mr. 19 President. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson. 22 SENATOR PATERSON: If the Senator 23 will continue to yield? 10206 1 SENATOR SPANO: Yes. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR PATERSON: It's my belief 5 that the hospitals now, in a great many 6 respects, do discriminate certainly against 7 minority doctors, primary health care providers 8 in minority communities, who can't seem to get 9 associated with the hospital. The hospitals are 10 supposed to have a community service plan and 11 they usually don't have a real documented plan. 12 They just take some document and mail it to the 13 Health Department. That kind of remindes me of 14 community reinvestment. 15 For years after the passage of 16 legislation in 1977, all the banks did was just 17 take a form and send it to the Securities and 18 Exchange Commission. They didn't do any 19 community reinvestment, and here the hospitals 20 are basically getting away with it, so you may 21 have cured the problem as it might exist for 22 podiatrists, but to me, what probably is needed 23 is a whole plan with -- where in the sense 10207 1 following through on what we already have 2 codified with the hospitals work on this plan 3 because there are a lot of people, a lot of 4 doctors, a lot of physicians who are being 5 denied access as a result of the policies made 6 by hospitals. 7 So I just want to know what this 8 singular sort of reconciliation with what should 9 accomplish the denial of discrimination to 10 podiatrists does to the whole scheme of problems 11 with hospital administration that do exist in 12 this area? 13 SENATOR SPANO: The Section 2801 14 (b) of the Public Health Law was established 15 specifically to prohibit hospitals from engaging 16 in improper practices and in certain staff 17 appointments, hospital staff appointments. 18 The -- what this amendment would 19 do would just be to make sure that -- we are 20 going to make sure that certain types of 21 practice in this regard, podiatrists would not 22 be excluded on the -- on the basis of their 23 title, for hospital privileges. If there are 10208 1 other -- other issues of improper practices, 2 Senator, it's frankly not something that's been 3 brought to my attention, we can handle that in 4 another statute. But this is one where we have 5 podiatrists who are licensed, who are licensed 6 to perform surgical services in the state of New 7 York, that they should not be disqualified as a 8 class of individuals for hospital privileges. 9 SENATOR PATERSON: All right. 10 Thank you, Senator. On the bill. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson, on the bill. 13 SENATOR PATERSON: If Senator 14 Spano is correct, I might be objecting to the 15 approach in which we seem to be taking these 16 issues one at a time. We might have to involve 17 ourselves in some of the midwifery cases. 18 Nurses and midwives are having trouble getting 19 admitted into hospitals as well. They feel they 20 suffer the same discrimination but for the 21 purpose that the bill tries to accomplish, it 22 certainly is -- it certainly is valid, and I 23 would urge support for the bill. 10209 1 I'm just saying that the whole 2 gamut of hospital administration procedures that 3 often inure to the detriment of health care 4 personnel who could be of great assistance to 5 patients, is something that we probably need to 6 go into further. 7 This particular instance of it 8 certainly will give podiatrists a more equitable 9 opportunity than what they're receiving now. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 30th 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: Ayes 53, nays 2, 20 Senators Kuhl and Oppenheimer recorded in the 21 negative. 22 ACTING PRESIDENT KUHL: Senator 23 Jones. 10210 1 THE SECRETARY: Also Senator 2 Jones. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Montgomery, why do you 6 rise? 7 SENATOR MONTGOMERY: Mr. 8 President, I just wanted to be recorded in the 9 negative on Calendar 1354. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator 12 Montgomery will be recorded in the negative on 13 Calendar Number 1354. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 would you call up Calendar Number 1365, by 17 Senator Nozzolio. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title to Calendar Number 1365. 20 THE SECRETARY: Calendar Number 21 1365, by Senator Nozzolio, Senate Print 4252, an 22 act to amend the Alcoholic Beverage Control Law, 23 in relation to regulating the hours of sale by a 10211 1 winery. 2 ACTING PRESIDENT KUHL: Secretary 3 will - 4 SENATOR PATERSON: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Nozzolio, an explanation of Calendar Number 1365 7 has been asked for by Senator Paterson. 8 SENATOR NOZZOLIO: Thank you, Mr. 9 President. I'll be glad to try to explain the 10 measure to Senator Paterson and my colleagues. 11 The measure before us - 12 ACTING PRESIDENT KUHL: Pardon an 13 interruption here. It's pretty noisy. Could we 14 quiet it down in the chamber, please, ask the 15 members to take their seats, staff to take their 16 places. 17 SENATOR NOZZOLIO: Thank you, Mr. 18 President. 19 Mr. President, my colleagues, 20 this Legislature, the Assembly in the past, has 21 enacted law that allows licensed wineries to 22 remain open for the purpose of selling their 23 products on Sundays between the hours of ten 10212 1 o'clock in the morning and midnight. 2 When a winery is licensed to 3 operate and engage in activity off premises, a 4 gray area exists in the law and by "off 5 premises", this is a winery selling their 6 product at a wine festival or a farmers' 7 market. The question is whether or not a winery 8 which is allowed to open on Sunday can sell its 9 products off premises and a wine festival or 10 farmers' market on Sunday. 11 What we're trying to do is 12 rectify the ambiguity in the statute with this 13 law by defining the right for wineries who are 14 already licensed to sell their product on their 15 premises during those hours on Sunday, to be 16 able to sell their product off premises at 17 designated festivals and recognized county fairs 18 between the hours of ten o'clock and midnight on 19 Sunday. 20 SENATOR SOLOMON: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Solomon. 23 SENATOR SOLOMON: Senator 10213 1 Nozzolio yield, please? 2 ACTING PRESIDENT KUHL: Senator 3 Nozzolio, do you yield to a question from 4 Senator Solomon? 5 SENATOR NOZZOLIO: Certainly. 6 ACTING PRESIDENT KUHL: Senator 7 yields. 8 SENATOR SOLOMON: Senator, 9 correct me if I'm wrong, but wasn't the original 10 intent to allow wineries to sell on Sundays on 11 premises as a tourism attempt because there are 12 winery tours and people go through the winery, 13 wasn't that the original intent of that bill? 14 SENATOR NOZZOLIO: Yes. 15 SENATOR SOLOMON: I see. 16 SENATOR NOZZOLIO: Yes, Mr. 17 President. In response to Senator Solomon's 18 question, I believe that was the intent. 19 SENATOR SOLOMON: I see. So 20 Senator Nozzolio continue to yield again? 21 ACTING PRESIDENT KUHL: Senator 22 continues to yield. 23 SENATOR SOLOMON: So the intent 10214 1 would be as if Senator Solomon or Senator Smith 2 or Senator Jones would go to the winery, take a 3 tour, they sample the product, they say, "Gee, 4 I'd like to purchase this product," and they can 5 purchase that winery's product and only that 6 winery's product at that site as a tourism 7 enhancement. 8 Doesn't this bill seem to get 9 away from the tourism aspect of it, in fact 10 allowing any winery that has tourists to sell at 11 any farmers' market on a Sunday? 12 SENATOR NOZZOLIO: Well, Senator 13 Solomon, it's a question I'm so glad you 14 raised. 15 The answer is this exactly gets 16 to the tourism potential, really the sole reason 17 why I decided to put this bill in, in the first 18 place. 19 Now, the wineries -- let me 20 explain. We have a group of small farm 21 wineries, who myself, Senator Kuhl, Senator 22 Present, others represent in the wine country 23 upstate, and we look at the small farm winery as 10215 1 the beneficiary of this. 2 A festival took place this last 3 year during which collectively the small farm 4 wineries in New York State got together and 5 engaged in a huge tourism promotion. There were 6 a number of people involved in that promotion 7 that brought tens of thousands of people to the 8 Finger Lakes area, and we wanted to make sure 9 that the -- the gray area that they have 10 existed, but when the permit was granted, the 11 farm wineries engaged in their festival, and it 12 was a very successful one, it brought a lot of 13 new tourists into the area, introduced them to 14 New York wines. What we're trying to do is 15 ensure that the ambiguity is minimized in law so 16 that those who must enforce the state liquor law 17 would have a clear direction from the 18 Legislature that we were, in effect, allowing 19 anyone who has their -- that permit to sell on 20 premise would be allowed that same ability for, 21 and the bill does list the State Fair, 22 recognized county fairs and at farmers' markets 23 operated on a not-for-profit basis in accordance 10216 1 with the provisions of the liquor law already, 2 the -- yes, the Alcoholic Beverage Control Law 3 already. 4 So, Senator, thank you for 5 indulging me a longer answer to your question 6 than I'm sure you want to have, but I appreciate 7 the opportunity to further explain that this is 8 done in an effort to enhance tourism in our 9 region. 10 SENATOR SOLOMON: Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Solomon. 13 SENATOR SOLOMON: Will Senator 14 Nozzolio yield? I care to indulge you for a 15 couple of more. I guess it's a good opportunity 16 to indulge you this time, a couple more 17 questions. 18 ACTING PRESIDENT KUHL: Senator, 19 you continue to yield? 20 SENATOR NOZZOLIO: Yes. 21 ACTING PRESIDENT KUHL: Senator 22 continues to yield. 23 SENATOR SOLOMON: Senator, I'm 10217 1 trying to figure this out. I'm a little kid 2 from Brooklyn and I haven't been able to figure 3 out this state. 150 years ago -- why are 4 wineries -- why can't we sell liquor on Sundays? 5 What's the prohibition and, you know, the Jewish 6 holiday, Passover, they have questions, 7 questions, and one of the questions, why is this 8 day different from any other day? And why is 9 Sunday different from any other day? Can you 10 tell me the reason? 11 SENATOR NOZZOLIO: Mr. President, 12 Senator has succeeded in stumping me. That is a 13 question that is far beyond my knowledge or 14 expertise. 15 SENATOR SOLOMON: O.K. 16 ACTING PRESIDENT KUHL: Senator 17 Solomon. 18 SENATOR SOLOMON: Will Senator 19 Nozzolio yield, please? 20 ACTING PRESIDENT KUHL: Senator 21 Nozzolio, do you yield? 22 SENATOR NOZZOLIO: Certainly. 23 ACTING PRESIDENT KUHL: Senator 10218 1 yields. 2 SENATOR SOLOMON: Senator, well, 3 if there seems to be no reason on why we should 4 prohibit sales of wine on Sundays, why don't we 5 just take this bill and allow any New York State 6 winery, because I really, I do prefer New York 7 State wines, to be sold, allow any store to sell 8 New York State wines only on Sundays? 9 SENATOR NOZZOLIO: Mr. President, 10 Senator Solomon has an idea that certainly could 11 be discussed. I'd recommend him putting in a 12 bill if he believes strongly in his idea. 13 SENATOR SOLOMON: Senator, I have 14 a bill in committee that allows you to sell 15 alcoholic beverages on Sundays. In fact, it 16 even says that, if you're closed on Saturdays, 17 then you can sell on Sundays because we really 18 don't want these sole proprietors to work seven 19 days a week. I don't think that would be fair. 20 SENATOR NOZZOLIO: Senator 21 Solomon, if you have any wineries in Brooklyn - 22 SENATOR SOLOMON: We do have 23 wineries. 10219 1 SENATOR NOZZOLIO: -- that you 2 would like to participate in the wine festivals 3 in upstate, I'm sure that they would be 4 welcome. I would encourage you to talk to your 5 constituents to allow them to come up, to ask 6 them to come up to the Finger Lakes region. I'm 7 sure that it certainly would be a unique 8 opportunity for upstaters and downstaters, 9 vintners, to get together. I see no problem 10 with that whatsoever. 11 SENATOR SOLOMON: Mr. President, 12 will Senator Nozzolio yield for a question on 13 the bill? 14 ACTING PRESIDENT KUHL: Senator, 15 will you continue to yield? Senator continues 16 to yield. 17 SENATOR SOLOMON: The specific 18 language in the bill doesn't talk about a wine 19 festival upstate. It talks about county fairs 20 and farmers' markets operated on a farmers' - 21 operated on a not-for-profit basis. Can you 22 tell me if -- there are numerous farmers' 23 markets held at Grand Army Plaza in Brooklyn, 10220 1 14th Street in Manhattan, I know there are 2 numerous farmers' markets in the downstate that 3 would qualify under this? 4 SENATOR NOZZOLIO: Certainly, 5 Senator, I think you would have to answer that 6 question. The language of the bill discusses 7 farmers' markets operated on a -- farmers' 8 markets operated on a not-for-profit basis in 9 accordance with Section 176 of this statute. 10 If that farmers' market you refer 11 to complies with that statute, then I guess it 12 would qualify. 13 ACTING PRESIDENT KUHL: Senator 14 Solomon. 15 SENATOR SOLOMON: Thank you, Mr. 16 President. 17 I didn't even ask Senator - 18 Senator, another question. What is a recognized 19 county fair? I -- seriously. 20 SENATOR NOZZOLIO: The purpose 21 for including county fairs is because we look at 22 county fairs in upstate as ways to showcase 23 goods that are produced in counties by the 10221 1 agricultural community. That's the purpose, 2 that these certainly qualify as products that 3 the agriculture community produces and that when 4 there is a county fair that has a way of 5 showcasing this area, that that's the reason. 6 SENATOR SOLOMON: Thank you, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Senator 9 Solomon. 10 SENATOR SOLOMON: If Senator 11 Nozzolio would yield for another question, 12 please, and then I'll speak on the bill. 13 ACTING PRESIDENT KUHL: Senator 14 Solomon, on the bill. 15 SENATOR SOLOMON: No, if Senator 16 Nozzolio will yield for one last question. 17 ACTING PRESIDENT KUHL: Will 18 Senator Nozzolio yield for one last question? 19 SENATOR NOZZOLIO: One last 20 question, yes; I'll yield. 21 ACTING PRESIDENT KUHL: Senator 22 yields. 23 SENATOR SOLOMON: One last 10222 1 question. Senator, why are we going to limit it 2 to these locations only for Sunday sales? 3 SENATOR NOZZOLIO: Mr. President, 4 it wasn't our intention to broad-base Sunday 5 sales. We only wanted to clear up an ambiguity 6 in the law that farmers' markets, county fairs, 7 festivals that are occurring on Sunday that 8 wineries, small farm wineries, already have the 9 opportunity to sell on Sundays, this is just an 10 extension of something that they're already 11 allowed to do in places that would showcase 12 their product. 13 SENATOR SOLOMON: Thank you. 14 Mr. President, on the bill. 15 I believe that we can probably 16 enhance many of our wineries in New York State 17 and, in fact, there are a number of wineries in 18 New York City, Senator Nozzolio, that we can 19 point out. In fact, there are wineries in lower 20 Manhattan. I think Shapiro's is still located 21 in lower Manhattan, if somebody represents that 22 area, maybe Senator Connor could correct me. In 23 fact, I think Shapiro's is in Speaker Silver's 10223 1 district, and I'm sure Shapiro's would like to 2 sell its wine at the local farmers' market on 3 14th Street, and now they can on Sunday. In 4 fact, maybe we're going to have to establish a 5 farmers' market in certain parts of my district 6 on a not-for-profit basis. 7 But what I'm concerned about, 8 this is the second bill to come to the -- to 9 come to the floor of this house in the last 10 three days that allows alcoholic beverages to be 11 sold on Sundays. The first bill took two days 12 which, as far as many of the constituents in my 13 district are concerned, are two normal days on 14 the calendar, December 25th and January 1st, 15 actually December 24th and December 31st, and is 16 going to allow liquor sales for this coming 17 year. 18 Why? Because those holidays have 19 some religious significance to some people in 20 this state. And why are liquor stores closed on 21 Sundays? I attempted to find that out 22 legislatively and the records just did not go 23 back 150 years or so in this state. I think 10224 1 there was a fire at the state education building 2 about 80 years ago, took care of everything like 3 that; but a large number of people in this 4 state, as it has become more diverse over the 5 last 30 years or 40 years, do not observe Sunday 6 as their sabbath. Muslims observe Friday as 7 their day of rest. The Jewish religion, the 8 Orthodox Jewish religion, Jewish religion 9 observes Saturday, and the people that own 10 liquor stores in the Orthodox Jewish community 11 -- and there are only about four that I can 12 think of offhand in my district, three or four 13 -- are closed on Saturdays. It's their day of 14 rest. Yet they're prohibited from sale -- sales 15 on Sundays, and indeed they sell a number of New 16 York State wines which are kosher, substantial 17 numbers, because the Jewish community uses a 18 substantial amount of wine, and what I'm looking 19 at here is another attempt to expand sales. 20 They said to achieve these sales, 21 I believe we're going to see wine sales by the 22 way in Brooklyn, in New York City because we 23 have very active farmers' markets by these 10225 1 wineries. Let's get down to it. Let's save - 2 I put a bill in and Senator Goodman sent a note 3 to the Rules Committee saying that, if you're 4 closed another day of the week, for proprietary 5 stores so we're not going to have large chain 6 stores closing one store here and opening 7 another in another part of the city of New York 8 so they have something open every day, that you 9 can sell alcoholic beverages on that Sunday and 10 we're slowly reaching this. It's almost what we 11 were doing in the other bill with the bell jars 12 and gambling. We're taking baby, baby, baby 13 steps. 14 I dare say if session wasn't 15 going to end today, we were going to go for 16 another two weeks, we might see another two 17 bills or three bills or four bills or five bills 18 on Sundays and make other exceptions, and what 19 we have to recognize in this Legislature is the 20 original basis for liquor stores to be closed on 21 Sundays or wine sales to be prohibited, and 22 times have changed, and groups of people have 23 changed, and this is just allowing wineries 10226 1 which, in fact, were originally allowed to sell 2 their products on Sundays because we promoted 3 tours, whether it be up in the Finger Lakes 4 region, or I think there's Windsor winery 5 further down on the Thruway, to sell in-house as 6 people came through those wineries on tours. 7 Now we're saying, well, we're 8 going to carve a little section out a little 9 bigger. That winery can go and sell at a county 10 fair, State Fair, and/or farmers' markets and 11 we're not exactly sure what farmers' markets are 12 at this point in time. 13 So now we're going to see 14 wineries, I suspect, opening or having booths 15 for sale at the farmers' markets in New York 16 City. I believe there are farmers' markets in 17 Nassau also, in Westchester, throughout the 18 state, because I know the state Department of 19 Agriculture publishes a long list of farmers' 20 markets, and I'm saying, why can't the 21 legitimate liquor store owners who are closed at 22 least one day a week now open and sell on 23 Sundays? 10227 1 This is not fair to a lot of 2 people in this state. Yes, a minority, but the 3 minorities have rights, because that's the basis 4 of this country is to protect the minorities' 5 rights, and I think this is a bill, in fact, 6 that's even going to go further in terms of 7 eroding that right, allowing a large or not so 8 large wineries to sell their products off 9 premises on Sundays, around the year because 10 there's farmers' markets operated every week. 11 Yet we're telling the legitimate 12 liquor store licensees that they're not going to 13 be able to sell their products on Sundays and 14 those that are closed on Saturdays are now 15 closed on Saturdays and Sundays also. It's 16 inherently unfair, and as we do more and more of 17 these bills I question whether or not we can 18 actually commence a legal action about that 19 issue and win in our courts; but it's something 20 we shouldn't have to take to court. It's 21 something the members of this Legislature should 22 recognize as being unfair to a number of my 23 constituents. 10228 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT HOLLAND: 3 Senator Gold. 4 SENATOR GOLD: Mr. President, I 5 congratulate Senator Solomon for his persistence 6 in this, and I really have a plea to Senator 7 Nozzolio who, it has been pointed out to me, has 8 the distinction of not one, but two Cornell 9 degrees. 10 Senator, there's an opportunity 11 to hold the bill, amend it very quickly and pass 12 it this year, but pass it in a way that it takes 13 care of our total problem. I -- I don't know 14 your district, Senator, as intimately as you, 15 obviously, and I don't mean to be presumptuous 16 or pretentious, but I can not believe that it 17 would cause you a political problem in your 18 district if we brought in the fairness that 19 Senator Solomon has discussed. 20 You indicated that you put in the 21 bill to clear up an ambiguity, and I suggest to 22 you there's no ambiguity, the law is very clear, 23 it doesn't allow certain things and you, 10229 1 Senator, have decided to allow some other things 2 which I don't have a problem with, but you know, 3 you put people in a very strange situation. 4 When you have a rule, and we say we just don't 5 do something, people can all look at each other 6 and say, "We don't do it," but when you start 7 the crack in the door and say, Well, we can't do 8 it, but we're going to let them do it and maybe 9 those guys over there and maybe these people 10 here, that is what really starts to cause the 11 problems. 12 There is no one in the state - 13 Senator, did you want to say something? Senator, 14 I'll yield to Senator Nozzolio. 15 ACTING PRESIDENT HOLLAND: Senator 16 Nozzolio asking Senator Gold - 17 SENATOR NOZZOLIO: Well, I was 18 asking Senator Gold to yield. 19 SENATOR GOLD: I'll be glad to. 20 SENATOR NOZZOLIO: Senator, I've 21 taken consideration of your comments and trying 22 to weigh this in my mind. Are you not aware 23 that the wineries already have the authority as 10230 1 granted by this Legislature to sell on Sunday 2 their product within the framework of their 3 winery? Are you not aware of that, Senator? 4 SENATOR GOLD: Yes, yes. 5 SENATOR NOZZOLIO: And I guess I 6 rise because of your comment that suggests we're 7 trying to change the law to grant an authority. 8 Well, I concede we are changing the law, trying 9 to clarify the law. But I would -- the Sunday 10 sale is allowed already, and that, I think, is 11 something that needs to be stated again. 12 In response to your comments, 13 Senator Gold, which I respect, that we're not 14 trying to give the wineries another grant of 15 selling on Sunday that they didn't already 16 have. I think that's the reason why this change 17 becomes more incremental than is suggested by 18 Senator Solomon. The authority is there already 19 for them to sell. 20 Now, the wine -- the wine 21 festival -- thank you for indulging me in this 22 long statement because it's -- it is more than 23 just a question, Senator, but it does get to 10231 1 your point, and I wish you would continue and 2 respond to this statement, that what we're 3 trying to do is take those wineries who can sell 4 at their winery within two or three miles of 5 this festival, to be able to sell at the 6 festival at the same time that they would 7 otherwise be allowed to sell at the winery. 8 That's really what we're trying to clear up 9 here, and that that - 10 SENATOR GOLD: Will the Senator 11 yield? 12 SENATOR NOZZOLIO: -- may seem 13 like a greater change, but, Senator, I think in 14 that context, let me state that as a question. 15 In that context, do you see that as less of a 16 change than you originally thought? 17 SENATOR GOLD: Will the Senator 18 yield for a question? 19 ACTING PRESIDENT HOLLAND: 20 Senator Nozzolio, will you yield for a question? 21 SENATOR NOZZOLIO: Sure. 22 ACTING PRESIDENT HOLLAND: 23 Senator yields. 10232 1 SENATOR GOLD: Senator Nozzolio, 2 very specifically, if you're telling me that the 3 law now allows them to sell here and your 4 amendment is going to allow them to sell here 5 and there, that unquestionably is an expansion 6 of their right to sell; is that not right? 7 SENATOR NOZZOLIO: Yes. 8 SENATOR GOLD: All right. 9 SENATOR NOZZOLIO: But Senator, 10 in further response to your question, those 11 wineries up and down the Wine Trail, which is a 12 trail of about 35 miles long, those wineries 13 would be selling that day at that time under 14 current law. We're saying you could do it at 15 your winery. We're saying together you can 16 collectively market, and Senator Solomon's 17 question was initially that the threshold was 18 based on tourism, the answer yes, my motive, it 19 was precisely to allow those wineries to come 20 together to enhance collectively what they might 21 not be able to do individually in promoting a 22 New York product, to pay New York taxes, to help 23 our economy through tourism, and enhancing the 10233 1 notice of a New York State product. 2 That's the reason here, Senator. 3 It's not to bring in other wineries from out of 4 state; it's not to bring in other types of -- of 5 entities. That would not lead directly to an 6 economic benefit to New York taxpayers. 7 SENATOR GOLD: Will the Senator 8 yield? 9 ACTING PRESIDENT HOLLAND: 10 Senator Nozzolio, will you continue to yield? 11 SENATOR NOZZOLIO: Yes. 12 ACTING PRESIDENT HOLLAND: 13 Senator continues to yield. 14 SENATOR GOLD: Senator, you're 15 saying in some way there's an economic benefit 16 if, instead of buying at the New York State 17 winery, you could go a mile away and buy from 18 three or four New York wineries that would be in 19 place at a fair or market, is that correct? 20 SENATOR NOZZOLIO: Well, Senator, 21 this happens not every Sunday, it happens once a 22 year. 23 SENATOR GOLD: But I'm just 10234 1 asking you, is that basically what you're 2 saying? 3 SENATOR NOZZOLIO: Yes, that's 4 what I'm saying. 5 SENATOR GOLD: Then would you 6 yield to another question? 7 ACTING PRESIDENT HOLLAND: 8 Senator yields. 9 SENATOR GOLD: Would it not 10 enhance New York State wineries if they go to 11 one place, whether it's a state fair or if they 12 go to this one store where it has wines from New 13 York State wineries and people who are from 14 Brooklyn or Queens who are not up at your state 15 fair could buy these New York State wines in the 16 one place whether it's in Brooklyn or Queens? 17 Wouldn't that help? 18 SENATOR NOZZOLIO: Senator, it 19 may help, but what they're trying to do is 20 collectively do what they can't do individually 21 and that's promote a product grown in New York, 22 produced in New York, and something that can try 23 to enhance and promote the entire economy. 10235 1 We're not talking about a -- a 2 regular 12-month-a-year type operation. We're 3 talking about a festival. 4 SENATOR GOLD: On the bill, Mr. 5 President. 6 ACTING PRESIDENT HOLLAND: 7 Senator Gold, on the bill. 8 SENATOR GOLD: As I was saying, 9 Senator Nozzolio says that his bill is clearing 10 up an ambiguity. It is not. It is granting 11 authority to sell in a new way, and no matter 12 however you phrase that, that is exactly what is 13 happening, and all that Senator Solomon is 14 trying to say is, having opened this door, let's 15 understand what we're talking about. 16 We understand that in America, in 17 the broadest sense of America, that there are 18 public holidays which have a religious 19 derivation. If you ask a particular religion to 20 set up other holidays, they might not pick 21 Christmas and -- they might pick something 22 else. 23 Well, we have in America our 10236 1 public holidays, but as you travel around 2 America, you find more and more that some of the 3 religious dogma that has come into public law is 4 being recognized as religious dogma. It is 5 being respected as such, but the public law 6 opens up to other people. 7 Now, why is Senator Solomon so 8 agitated the last few days? Because it seems 9 that, with the end of this session, if this bill 10 passes and yesterday's bill passes, that in this 11 session, this Legislature has decided to open 12 the doors in a specific area to certain specific 13 groups and thereby, by the negative side, 14 exclude certain groups and that's got to be 15 offensive to Senator Solomon if his bill is 16 sitting in a committee and the committee did 17 nothing; and so we are not dealing with the 18 issue of Sunday sales. That's one thing, but if 19 you're dealing with the issue and you will not 20 deal with it, as it applies to a very 21 significant part of the population in this 22 state, that is offensive. 23 Now, Senator Nozzolio, I never 10237 1 asked anybody to do anything that he or she 2 would personally find offensive or that he or 3 she would personally find politically difficult 4 or embarrassing, but I don't believe, and I say 5 I don't know your district, but I can not 6 believe that, if we opened the door and took 7 care of Senator Solomon's concern, that we are 8 causing you political difficulty. 9 The only thing that would happen 10 is that a Republican in this house would break 11 precedent and maybe listen to something that was 12 said by somebody else. I -- I do find it help 13 ful that Senator Goodman says he wrote a letter 14 to the Rules Committee to consider the bill. 15 On the other hand, if it is not 16 offensive to anyone, I would like to deal in the 17 real world. What's the Rules Committee? I mean 18 it's Senator Bruno and it's some counsels, and 19 we can write letters. What does a letter do? 20 I'm a lawyer. I had a client call me today with 21 a problem, and he wanted to know what to do. 22 "Shall I call the other side?" and I said, 23 "Baloney! Write a letter." 10238 1 So I'm glad Senator Goodman wrote 2 a letter. He said he tried to be helpful, even 3 wrote a letter to the Rules Committee, but I'd 4 like to deal in the real world. I'd like to get 5 Senator Solomon's bill out or I'd like to see 6 Senator Nozzolio amend his bill and take care of 7 the problem. 8 In taking care of the problem, we 9 will also do some good for the people of New 10 York State because, first have all, you won't 11 have policemen having to wonder whether or not 12 it will be an embarrassment for them to arrest 13 an Orthodox Jew on a Sunday and then have 14 everybody in the community hate the cop. You 15 won't have to contact the Liquor Authority on 16 complaints they won't want to get because they 17 hope these summonses are never issued and you 18 will allow a segment of society that is 19 generally every day law-abiding, to be 20 law-abiding and yet take care of their needs. 21 The fact that it's not done is 22 offensive, and I look around and I take a look 23 at the Republican faces in this chamber and you 10239 1 don't want to be offensive particularly -- yours 2 is always offensive -- but Senator Libous is in 3 a class by himself. 4 SENATOR LIBOUS: Yeah. 5 SENATOR GOLD: I wouldn't want to 6 be in that class, but -- but you don't want to 7 be offensive. I understand that, I understand 8 that, but the act of ignoring a significant part 9 of the population is itself offensive, and I 10 would urge Senator Nozzolio that you have an 11 opportunity to do something about it and, if 12 it's not done today or within the next hour, it 13 should be done by way of Senator Solomon's bill, 14 something should be done. 15 It will certainly be an issue, I 16 can tell you, in some of the Jewish newspapers 17 in the city of New York. These people have been 18 very, very good to our Governor, I'm told, and 19 been pretty good to some of you, and they are 20 not going to appreciate the press release that 21 comes out of this session which says it was - 22 there was time to take care of everybody else's 23 problem in this area except theirs. 10240 1 It's the wrong thing to do. They 2 don't deserve this treatment. 3 ACTING PRESIDENT HOLLAND: 4 Senator Paterson. 5 SENATOR PATERSON: Mr. President, 6 if the sponsor would yield. 7 ACTING PRESIDENT HOLLAND: 8 Senator Nozzolio, do you yield? 9 SENATOR NOZZOLIO: Certainly. 10 ACTING PRESIDENT HOLLAND: 11 Senator yields. 12 SENATOR PATERSON: Senator 13 Nozzolio, the -- you do recognize that there was 14 a time when there couldn't be any sale of 15 alcohol on a Sunday in New York; is that not 16 correct? 17 SENATOR NOZZOLIO: Yes, it is 18 correct, Senator, and I also recognize how there 19 was a time that there was no such thing as a 20 small farm winery. 21 SENATOR PATERSON: Senator, when 22 that came into effect and we recognized the 23 issue of tourism and the fact that it is the 10241 1 week end and people are not working at that 2 particular time, we tried to make an adjustment 3 to the wineries as long as the sale was made 4 actually at the winery. What we're doing 5 through this legislation is expanding it and 6 what we're now doing is, in my opinion -- or let 7 me ask you what your opinion is. Aren't we 8 creating an unfair advantage for wineries who 9 are located in New York State that they can have 10 their product sold on Sundays and what we're 11 doing to prevent the wineries from out of state 12 from competing would be actually to ban them 13 because they can't actually appear at the state 14 fairs, and so, in a sense, by the time Monday 15 comes around and they get to compete in the open 16 market, we have actually used what was a 17 religious notion to actually ban interstate 18 sale? Haven't we done that, Senator? 19 SENATOR NOZZOLIO: Oh, Mr. 20 President, in response to the acting Minority 21 Leader's question, I would have to say I didn't 22 hear the last end, so I can't really answer it, 23 but before I answer it, I wish to lay this bill 10242 1 aside temporarily. 2 ACTING PRESIDENT HOLLAND: The 3 bill will be laid aside temporarily. 4 Secretary will read. 5 Senator Waldon. 6 SENATOR WALDON: Thank you, Mr. 7 President. 8 I was out of the chamber on other 9 business when the Senate considered 1354 and 10 1297. I respectfully request unanimous consent 11 to be recorded in the negative on those two. 12 ACTING PRESIDENT HOLLAND: 13 Without objection, Senator Waldon will be 14 recorded in the negative on 1354 and 1297, is 15 that correct? 16 SENATOR DOLLINGER: Mr. 17 President, if I can - 18 ACTING PRESIDENT HOLLAND: 19 Senator Dollinger. 20 SENATOR DOLLINGER: Could I be 21 recorded in the negative on Calendar Number 22 1356. 23 ACTING PRESIDENT HOLLAND: 10243 1 Without objection, Senator Dollinger will be 2 recorded in the negative on 1356. 3 SENATOR DOLLINGER: Thank you, 4 Mr. President. 5 ACTING PRESIDENT HOLLAND: 6 Senator Hannon. 7 SENATOR HANNON: Mr. President, I 8 was out of the chamber when the roll call was 9 taken on Calendar Number 1299. I'd like 10 unanimous consent to be recorded in the 11 affirmative on that. That's Senate 3520. 12 ACTING PRESIDENT HOLLAND: 13 Senator, that was a slow roll call yesterday. 14 The record will reflect, if you had been in the 15 chamber, you would have voted in the 16 affirmative. 17 Senator Leichter. 18 SENATOR LEICHTER: Yes, Mr. 19 President. Since we're doing these unanimous 20 consent requests, I have two. May I be recorded 21 in the negative on Calendars 1358 and 1354, 22 please. 23 ACTING PRESIDENT HOLLAND: Without 10244 1 objection, Senator Leichter will be recorded in 2 the negative on 1358 and 1354. 3 Senator Maltese. 4 SENATOR MALTESE: Mr. President, 5 would you call up Calendar Number 748, the 6 Senate Bill 19 -- 193B, by Senator Gold, which 7 was previously laid aside temporarily. 8 ACTING PRESIDENT HOLLAND: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 748, by Senator Gold, Senate Print 193B, an act 12 to amend the General Business Law, in relation 13 to requiring child safety devices. 14 ACTING PRESIDENT HOLLAND: Read 15 the last section. 16 SENATOR HANNON: Explanation. 17 ACTING PRESIDENT HOLLAND: 18 Explanation has been asked for, Senator Gold. 19 SENATOR GOLD: Yeah, thank you, 20 Senator Hannon. 21 Senator, this is a bill which we 22 put in, I think, a couple years ago and we're 23 now to a "B" print, which we've negotiated with 10245 1 the people concerned, and the food merchants, 2 and it basically would require that 25 percent 3 of the carts that are provided by supermarkets 4 would have some kind of aid for children. It 5 can be nothing more than a strap. 6 The food merchants were concerned 7 about the original number. We've worked with 8 them. I have a letter from Michael Rosen 9 thanking us for the cooperation, indicating that 10 the "B" print addresses their concerns and 11 indicating that they are not opposed to the 12 proposal. 13 I'm told that now the food 14 merchants, together with the manufacturers of 15 these belts, together with the Attorney General 16 have worked this out, and I think that the food 17 merchants at this point may even look at it as a 18 positive from their own advertising. 19 There's nothing that requires 20 anybody who goes shopping to use them, but the 21 bottom line is that, if someone is shopping with 22 children, it should be available. I am informed 23 that the cost factors are totally minimal, that 10246 1 the law can be complied with for a dollar or two 2 or three. 3 If there's a problem with a 4 violation, they are given time to correct the 5 violation, and the bill will not take effect for 6 360 days. 7 ACTING PRESIDENT HOLLAND: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect one hundred - 11 ACTING PRESIDENT HOLLAND: I'm 12 sorry, one second. 13 Senator Hannon. 14 SENATOR HANNON: I may just make 15 some comments. I don't want to make a big thing 16 of this. I realize that Senator Gold has this 17 bill here and he believes it's going to be of 18 some use, but having gone through six years of 19 shopping with kids, I want to tell you, these 20 straps that they now have in the carts that he 21 seeks to promote are totally useless, probably 22 unsafe, and it's hard to figure out what value 23 they are. 10247 1 Now, we're all familiar with the 2 utility of car seats and use of seat belts and 3 the very great safety that they afford when 4 you're driving a car. One would then think 5 there's an analogy to these shopping carts, and 6 I would totally disagree since they're nowhere 7 near designed for anything, and they're more for 8 the convenience of pushing the kid around, but 9 if you put a seat belt on her, it makes it more 10 difficult to use the seat, and it probably makes 11 the kid squirm more, so this is -- this comes - 12 my primary comment comes from having tried to 13 use them and find them useless. 14 But Senator Gold's comments cause 15 me to really read these things again and, you 16 know, it makes it all the more quizzical why one 17 would support a bill like this. Reasonable 18 engineering standards are called for. This, of 19 course, presumes that there are unreasonable 20 engineering standards in other sections of law 21 that we're now going to wipe out. I would 22 presume anything is a reasonable engineering 23 standard, because no place else in the bill do I 10248 1 find any reference to anybody who's going to set 2 those engineering standards. 3 But then what is even more 4 quizzical is what's the 25 percent of, because 5 we're now going to require every grocery store 6 or whatever type of other retail operation that 7 is using shopping carts to keep an inventory of 8 the total number of shopping carts that would be 9 up to date so you could tell what the 25 percent 10 is. 11 Seems a little ridiculous, but 12 then when I went to see whether there was a 13 reasonable fine or penalty, I realized that lo 14 and behold, that this great crying need for 15 safety in the supermarket aisles will require 16 the intervention of the Attorney General if 17 there's a violation. So I'm not even sure that 18 you have a useful enforcement here. 19 So I commend Senator Gold for his 20 concern, but I'm wondering if this is, you know, 21 the right way to do it, the proper way to do it, 22 and whether we really need to have this type of 23 legislation. So I mean we haven't gone through 10249 1 the - 2 SENATOR GOLD: Mr. President. 3 SENATOR HANNON: We haven't gone 4 through -- I don't have all of the oratorical 5 skills and -- and the way to think out all of 6 the possible implications in a piece of legis 7 lation that the proponent to this bill would, 8 but I do think this measure is not without its 9 defects. 10 SENATOR GOLD: Thank you. Mr. 11 President. 12 ACTING PRESIDENT HOLLAND: 13 Senator Gold. 14 SENATOR GOLD: I appreciate 15 Senator Hannon's feelings and his sincerity and 16 obviously, Senator Hannon, if this is the law 17 just as today the markets have these available, 18 you certainly don't have to use one of those. 19 You can use one of the other carts and anyone 20 who has -- who finds them difficult can do 21 that. 22 I would point out that the 23 Attorney General's office and the food merchants 10250 1 and the manufacturers have all been involved and 2 are very happy with what the language says and, 3 as a matter of fact, I understand that they are 4 already almost in compliance because they feel 5 now that we've discussed this issue out that 6 they have more to gain than to lose in the way 7 of good public relations. 8 So, if you realize that 75 9 percent of these carts are not mandated to have 10 anything, there are a sufficient number of 11 carts, Senator, for those people who may, as 12 you, feel that there is something wrong. 13 Meanwhile, I don't want to draw this as the most 14 significant bill of the session, but I think it 15 will save some kids from getting hurt, and it 16 will make it available to those parents who find 17 putting a strap around their child not to be too 18 complicated. 19 ACTING PRESIDENT HOLLAND: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect 360 days next succeeding 23 the date. 10251 1 ACTING PRESIDENT HOLLAND: Call 2 the roll. 3 (The Secretary called the roll. ) 4 ACTING PRESIDENT HOLLAND: 5 Senator Oppenheimer, you want to explain your 6 vote? 7 Senator Oppenheimer. 8 SENATOR OPPENHEIMER: I'm 9 fortunate that, in my area, most of our 10 supermarkets did have these restraints for 11 children, and I must say I have used them for 12 many years, and I find them a very valuable 13 addition to those carts. 14 SENATOR JONES: If you use them. 15 SENATOR OPPENHEIMER: The 16 children are always trying to creep out. I 17 think it's a wonderful bill. I vote yes. 18 ACTING PRESIDENT HOLLAND: 19 Announce the vote. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 748 are Senators 22 DeFrancisco, DiCarlo, Hannon, Holland, Johnson, 23 Kuhl, Larkin, Maziarz, Wright and Nozzolio. 10252 1 Ayes 45, nays 10. 2 ACTING PRESIDENT HOLLAND: The 3 bill is passed. 4 Senator Maltese. 5 SENATOR MALTESE: Mr. President, 6 there will be an immediate meeting of the Rules 7 Committee in Room 332. 8 ACTING PRESIDENT HOLLAND: There 9 will be an immediate meeting of the Rules 10 Committee in Room 332. 11 Secretary will read. Senator 12 Maltese. 13 SENATOR MALTESE: Mr. President, 14 will you call up Calendar 1371, Senate Number 15 5079, by Senator Hoblock. 16 ACTING PRESIDENT HOLLAND: 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1371, by Senator Hoblock, Senate Print Number 20 5079, an act to amend the Lobbying Act, in 21 relation to the use of '800' telephone numbers. 22 SENATOR MENDEZ: Explanation. 23 ACTING PRESIDENT HOLLAND: 10253 1 Senator Mendez. Explanation is asked for. 2 SENATOR HOBLOCK: Yes, Mr. 3 President. 4 This is an amendment to the 5 Lobbying Act that, if a lobbyist is required to 6 register pursuant to this act and employs or 7 contracts the use of an '800' telephone number 8 for certain information in connection with that 9 contract agreement then the background of the 10 use of that '800' number including a script must 11 be on file. 12 ACTING PRESIDENT HOLLAND: 13 Senator Mendez. 14 SENATOR MENDEZ: Senator Hoblock, 15 we were wondering why can't we also have the 16 '800' numbers filed with us for political 17 committees? 18 SENATOR HOBLOCK: My 19 understanding, as far as political committees 20 are concerned, there is a byline at the end of 21 the commercial who pays for it, and what we've 22 found, and the reason for this legislation is, 23 Senator Mendez, what's happened is a number of 10254 1 these groups have got together, formed these 2 coalitions, and we don't know who they are, 3 where in a political advertisement, you do 4 know. 5 SENATOR MENDEZ: Explanation is 6 satisfactory. 7 ACTING PRESIDENT HOLLAND: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT HOLLAND: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 55. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 SENATOR COOK: Mr. President. 18 ACTING PRESIDENT HOLLAND: 19 Senator Cook. 20 SENATOR COOK: Mr. President, 21 could I be recorded in the negative on Calendar 22 Number 748, please. 23 ACTING PRESIDENT HOLLAND: With 10255 1 unanimous consent, Senator Cook will be recorded 2 in the negative on Calendar Number 748. 3 Senator Oppenheimer. 4 SENATOR OPPENHEIMER: I'd like 5 unanimous consent to be in the negative on 6 Calendar Number 1276. 7 ACTING PRESIDENT HOLLAND: 8 Senator Oppenheimer in the negative on Calendar 9 Number 1276, with unanimous consent. 10 Senator Mendez. 11 Senator Maltese. 12 SENATOR MALTESE: Mr. President, 13 would you call up Calendar Number 1374, Senate 14 Bill Number 5432A, by Senator Levy. 15 ACTING PRESIDENT HOLLAND: 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1374, by Senator Levy, Senate Print Number 19 5342A, an act to amend the Vehicle and Traffic 20 Law, in relation to establishing an advisory 21 committee. 22 ACTING PRESIDENT HOLLAND: 23 Explanation. 10256 1 SENATOR MENDEZ: Mr. President. 2 ACTING PRESIDENT HOLLAND: 3 Senator Mendez. 4 SENATOR MENDEZ: Senator Gold has 5 great interest in this bill. He is in the 6 Committee on Rules meeting right now. We'll be 7 sending for him. Do you want to wait it out 8 just temporary for a few minutes? 9 SENATOR LEVY: Yes. 10 SENATOR MENDEZ: Thank you. 11 ACTING PRESIDENT HOLLAND: Bill 12 will be temporarily - 13 SENATOR MENDEZ: Excuse me. 14 ACTING PRESIDENT HOLLAND: I 15 guess Senator Gold is here. 16 SENATOR MENDEZ: Thank you. 17 SENATOR GOLD: Senator Levy, will 18 you yield to a question? 19 ACTING PRESIDENT HOLLAND: 20 Senator, will you yield? Senator yields. 21 SENATOR LEVY: Yes. 22 SENATOR GOLD: Senator Levy, 23 yes. The question is just a simple one. This 10257 1 basically sets up an advisory committee, is that 2 correct? 3 SENATOR LEVY: It re-establishes 4 it. It lapsed and it really did terrific work 5 in trying to deal with the on -- the ongoing 6 problems that relate to the weight of vehicles 7 involved in heavy construction. 8 SENATOR GOLD: Well, Senator, if 9 you'll yield to one more question. 10 SENATOR LEVY: Yes. 11 SENATOR GOLD: Is there a cost 12 factor connected with this? 13 SENATOR LEVY: There -- in the 14 past there really hasn't been. It operated 15 under the aegis of DOT personnel who were the 16 staff people that were involved in doing the 17 work on behalf of the committee. 18 SENATOR GOLD: Well, Senator Levy 19 -- Mr. President, on the bill. 20 I'd like to thank you, Senator 21 Levy. You say that there's no cost associated 22 with this, Senator, and I will tell you in 23 public right to your face, I find you credible 10258 1 on that issue. And why do I want you to be 2 credible on that issue? Because I, and I think 3 some others have been told that some suggestions 4 we have for some advisory committees such as the 5 one I've put in for SIDS babies who die of 6 Sudden Infant Death Syndrome are being held up 7 by your counsels because they say, with the 8 budget problems, that these advisory councils 9 can be a budgetary problem. 10 I don't think they are, Senator. 11 I think that some of the advisory councils such 12 as the one you're suggesting today, Senator 13 Levy, are very, very good and they can operate 14 with almost no budgetary consequences, and I 15 would ask your counsels to listen to you, 16 because your answer is the correct one, and I'd 17 like to see some action on some of those that I 18 have suggested and other people have suggested 19 without being told that we are infringing on the 20 Governor's budget. 21 Thank you. 22 ACTING PRESIDENT HOLLAND: Read 23 the last section. 10259 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT HOLLAND: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 55. 7 ACTING PRESIDENT HOLLAND: The 8 bill is passed. 9 Senator Maltese. 10 SENATOR MALTESE: Mr. President, 11 would you call up Calendar 583, Senate 4146A, by 12 Senator Levy. 13 ACTING PRESIDENT HOLLAND: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 583, by Senator Levy, Senate Print 4146A, an act 17 to amend the Transportation Law, in relation to 18 requiring the Commissioner of Transportation to 19 take an annual inventory. 20 SENATOR MENDEZ: Last section. 21 ACTING PRESIDENT HOLLAND: Read 22 the last section. 23 THE SECRETARY: Section 2. This 10260 1 act shall take effect immediately. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 Senator Maltese. 9 SENATOR MALTESE: Mr. President, 10 would you call up Calendar 1233, Senate Bill 11 3856A, by Senator Libous. 12 ACTING PRESIDENT HOLLAND: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1233, by Senator Libous, Senate Print 3856A, an 16 act to amend the Mental Hygiene Law, in relation 17 to receivership of residential facilities. 18 SENATOR MALTESE: Mr. President, 19 is there a message? 20 ACTING PRESIDENT HOLLAND: Yes, 21 there is a message at the desk. 22 SENATOR MALTESE: Move to accept 23 the message. 10261 1 ACTING PRESIDENT HOLLAND: Motion 2 to accept the message. All in favor say aye. 3 (Response of "Aye.") 4 All opposed say no. 5 (There was no response.) 6 The message is accepted. 7 Read the last section. 8 THE SECRETARY: Section 10. This 9 act shall take effect immediately. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT HOLLAND: The 15 bill is passed. 16 SENATOR MALTESE: Mr. President, 17 would you call up 1283, Senate Print 4864A, by 18 Senator Cook. 19 ACTING PRESIDENT HOLLAND: 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1283, by Senator Cook, Senate Print 4864A, an 23 act to amend the Public Officers Law, in 10262 1 relation to the defense and indemnification of 2 members. 3 SENATOR VELELLA: Senator, is 4 there a message at the desk? 5 ACTING PRESIDENT HOLLAND: There 6 is a message. 7 SENATOR VELELLA: Move we accept 8 the message. 9 ACTING PRESIDENT HOLLAND: The 10 motion to accept the message, all in favor say 11 aye. 12 (Response of "Aye.") 13 Opposed say nay. 14 (There was no response. ) 15 The message is accepted. 16 Last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT HOLLAND: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT HOLLAND: The 10263 1 bill is passed. 2 SENATOR VELELLA: Mr. President, 3 can we go to Calendar Number 1293, please. 4 ACTING PRESIDENT HOLLAND: 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1293, by Senator Lack, Senate Print Number 8 1297A, an act to amend the Surrogate's Court 9 Procedure Act, in relation to the statute of 10 limitations. 11 ACTING PRESIDENT HOLLAND: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect 60 days after the date on 15 which it shall have become law. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 55. 20 ACTING PRESIDENT HOLLAND: The 21 bill is passed. 22 Senator Velella. 23 SENATOR VELELLA: Can we go to 10264 1 Calendar 1362, now, please. 2 ACTING PRESIDENT HOLLAND: 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1362, by Senator Johnson, Senate Print 3002A, an 6 act to amend the Public Service Law, in relation 7 to eliminating utilities as installers. 8 SENATOR PATERSON: Explanation. 9 ACTING PRESIDENT HOLLAND: 10 Explanation has been requested. Senator 11 Johnson. 12 SENATOR JOHNSON: Mr. President, 13 presently under the Home Insulation and Energy 14 Conservation Act, utilities are required to 15 maintain a -- a list of qualified and partici 16 pating suppliers and contractors. What this 17 says is, instead of saying "shall" maintain the 18 list, it says they "may" maintain the list, but 19 it says if they do, it must be in a 20 non-discriminatory manner. 21 This bill is introduced primarily 22 because some contractors who are qualified have 23 been excluded from the program by utilities, 10265 1 particularly local on Long Island. We like the 2 program to be open - 3 ACTING PRESIDENT HOLLAND: 4 Senator Johnson, can we have that door closed in 5 back of you. 6 SENATOR JOHNSON: I'll get it 7 closed. 8 ACTING PRESIDENT HOLLAND: Thank 9 you, Senator. 10 SENATOR JOHNSON: So this opens 11 up the ability through these contracts under the 12 Home Insulation and Energy Conservation Act to 13 all qualified contractors. 14 Any question? 15 ACTING PRESIDENT HOLLAND: 16 Senator Smith. 17 SENATOR SMITH: Thank you. Will 18 the sponsor yield to a few questions? 19 SENATOR JOHNSON: Yes. 20 SENATOR SMITH: Thank you. Would 21 this bill, in essence, increase the cost to 22 certain users in the five boroughs who may be in 23 the Brooklyn Union Gas or Con Edison area? 10266 1 SENATOR JOHNSON: Users? You 2 mean like persons who use the gas service or 3 electric service? 4 SENATOR SMITH: There's special 5 -- if I'm not mistaken, there are certain 6 contractors for the use of Brooklyn Union Gas 7 and with Con Edison for these services and those 8 that are currently using the services would 9 receive an increase because of this particular 10 bill. 11 SENATOR JOHNSON: Well, this 12 really doesn't refer to continuing service from 13 the utility. This pertains to essentially 14 retrofitting their home to be energy-efficient. 15 SENATOR SMITH: Yes, but not to 16 cut you off, but they have service contracts 17 with Brooklyn Union Gas Company. 18 SENATOR JOHNSON: But Senator, 19 this does not apply to contracts. This applies 20 to like if your house is being retrofitted for 21 the winter, you could have a new furnace, you 22 could have new insulation, you could have new 23 storm windows, they have a list of contractors 10267 1 now and no other contractor can participate in 2 that program. It's not a continuing service 3 contract type of arrangement. 4 SENATOR SMITH: I beg to differ 5 with you. There is a service contract with the 6 company. 7 SENATOR JOHNSON: Senator, I 8 think you're discussing another bill. This bill 9 does not pertain to any service contractual type 10 arrangement. Any -- all this says, all this 11 says, Senator, is that they shall open up the 12 list. It says "and may with the permission of 13 the commission, maintain the list" to more 14 contractors, but whoever the contractor is, 15 whatever the arrangement is will not be changed, 16 it will just be more contractors that are able 17 to participate in the program. 18 SENATOR SMITH: I'm going to sit 19 down and defer to my colleague. 20 ACTING PRESIDENT HOLLAND: 21 Senator Paterson is next, Senator DiCarlo. 22 SENATOR PATERSON: Senator 23 Johnson, you've amended the bill and so what I 10268 1 want to ask you is now that you have changed it 2 and said that they may involve other contractors 3 in the process, isn't it continuing the 4 protection that we're trying to set up for 5 consumers in the first place because the 6 contractors that were made available by utility 7 companies, which would have protected the 8 consumers in the first place from, you know, 9 just looking up the individual or the contractor 10 in the Yellow Pages and just finding someone who 11 may not have really complied with a lot of the 12 regulations in which they could conduct some of 13 the energy cost savings that -- measures that 14 they can - 15 SENATOR JOHNSON: Your question 16 is, will the people not have the protection of 17 having their -- the contractor screened by that 18 utility, is that your question? 19 SENATOR PATERSON: Yes, exactly, 20 Senator. 21 SENATOR JOHNSON: Well, it 22 doesn't say everyone who wants to get on the 23 list has to be on it. It says that the utility 10269 1 with the permission of the commission, may 2 prepare and maintain a list of qualified and 3 existing suppliers in a non-discriminatory 4 manner; in other words, that these people are 5 not good actors, if they don't do good work, 6 they don't finish the job, if there are problems 7 with their work, they don't have to be put on 8 the list. They'd have to meet the same 9 standard. 10 Every contractor who is licensed 11 and doesn't have a bad record or is licensed by 12 the Consumer Protection Board, if he's qualified 13 to do the work, he should be able to do the work 14 and he shouldn't be excluded because the utility 15 has certain pet people they like to deal with 16 and they don't want to deal with anyone else. 17 SENATOR PATERSON: And that's 18 precisely why I would imagine that you drafted 19 the legislation because there was a contractor 20 or there had been contractors who were licensed 21 who had not been in any kind of trouble who had 22 not been brought before any consumer protection 23 boards, but they were not on the list, is that 10270 1 correct? 2 SENATOR JOHNSON: That's correct, 3 yes. 4 SENATOR PATERSON: The only 5 reservation, I guess, that the Energy Council 6 had was that, by expanding the list you might 7 bring in individuals that were not necessarily 8 qualified, but it seems that your amendment has 9 addressed it. How does the Energy Council feel 10 now? 11 SENATOR JOHNSON: Well, they 12 commented on the original bill and they didn't 13 comment on the amended bill, and I don't think 14 we have any negative memo on the amended bill. 15 I may be wrong, but I don't have it in my 16 possession, so I think there - 17 SENATOR PATERSON: I assume, 18 Senator, that since the -- the quotient of their 19 criticism is really addressed by your amendment, 20 that we could at least assume that -- that the 21 bill as it stands now would be fine. 22 SENATOR JOHNSON: Thank you, 23 Senator. 10271 1 ACTING PRESIDENT HOLLAND: 2 Senator DiCarlo. 3 SENATOR DiCARLO: Would the 4 Senator yield? 5 ACTING PRESIDENT HOLLAND: 6 Senator, do you yield? 7 SENATOR JOHNSON: Yes. 8 ACTING PRESIDENT HOLLAND: 9 Senator yields. 10 SENATOR DiCARLO: I think Senator 11 Smith and I, when this bill first came out, we 12 had been notified by Brooklyn Union about a 13 piece of legislation that would have turned 14 around many of the service contracts for our 15 constituents in Brooklyn. I think that's a 16 different piece of legislation that Senator 17 Smith may be thinking about. Is that true, do 18 you know? 19 SENATOR JOHNSON: That's 20 correct. This is only insulation on energy 21 saving things. Doesn't deal with maintenance, 22 doesn't deal with -- the bill which you talk 23 about is not being advanced at this time. 10272 1 SENATOR DiCARLO: Thank you. 2 ACTING PRESIDENT HOLLAND: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT HOLLAND: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 56. 10 ACTING PRESIDENT HOLLAND: The 11 bill is passed. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, is there any housekeeping at the 15 desk? 16 ACTING PRESIDENT HOLLAND: Yes, 17 we have some substitutions. We can do the 18 substitutions if you please. 19 SENATOR MARCELLINO: Can we do 20 those, please? 21 ACTING PRESIDENT HOLLAND: 22 Secretary will read. 23 THE SECRETARY: On page 13, 10273 1 Senator DeFrancisco moves to discharge from the 2 Committee on Rules Assembly Bill Number 7435, 3 and substitute it for the identical Calendar 4 Number 633. 5 On page 19, Senator Goodman moves 6 to discharge from the Committee on Rules 7 Assembly Bill Number 6138 and substitute it for 8 the identical Calendar Number 799. 9 On page 36, Senator Saland moves 10 to discharge from the Committee on Rules 11 Assembly Bill Number 8095 and substitute it for 12 the identical Calendar Number 1379. 13 ACTING PRESIDENT HOLLAND: 14 Substitutions ordered. 15 Housekeeping, Senator DiCarlo? 16 SENATOR DiCARLO: Yes, Mr. 17 President. On behalf of Senator Maltese, please 18 place a sponsor's star on Calendar Number 1343. 19 ACTING PRESIDENT HOLLAND: 20 Sponsor's star will be placed on 1343 for 21 Senator Maltese. 22 Any other housekeeping? 23 Senator Marcellino. 10274 1 SENATOR MARCELLINO: Mr. 2 President, can we return to motions of standing 3 committees -- reports of standing committees. 4 Is there a report from the Rules Committee. 5 ACTING PRESIDENT HOLLAND: 6 Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 31A, by Senator 11 Hannon, in relation to the sales tax imposed on 12 club dues; 13 203, by Senator Holland, an act 14 to amend the Judiciary Law, in relation to 15 increasing the allocation of funds; 16 467, by Senator Holland, an act 17 to amend the Social Services Law, in relation to 18 including portable X-ray services; 19 735, by Senator Jones, an act to 20 authorize the Commissioner of the Department of 21 Transportation to abandon certain canal lands; 22 1350A, by Senator Oppenheimer, an 23 act to amend the Vehicle and Traffic Law, in 10275 1 relation to leaving the scene of an accident 2 without reporting; 3 1578A, by Senator Larkin, an act 4 to amend the Real Property Tax Law, in relation 5 to subjecting certain state lands; 6 2304A, by Senator DeFrancisco, an 7 act to amend the Canal Law, in relation to 8 making conforming amendments; 9 2555A, by Senator Larkin, an act 10 to amend the Town Law and the County Law, in 11 relation to the establishment and extension of 12 fire districts; 13 2643A, by Senator Goodman, an act 14 to amend the Transportation Law, in relation to 15 establishing dispute settlement programs; 16 3184A, by Senator Wright, an act 17 to amend the Real Property Tax Law, in relation 18 to subjecting lands within the Tug Hill region 19 to taxation; 20 3205, by Senator Spano, an act to 21 amend the Retirement and Social Security Law, in 22 relation to uniformed court officers; 23 3382A, by Senator Skelos, an act 10276 1 to amend the General Business Law, in relation 2 to the qualifications for a private 3 investigator's license; 4 3560, by Senator Johnson, an act 5 to amend the General Obligations Law, in 6 relation to liability of landowners receiving 7 certain consideration; 8 3686A, by Senator Larkin, an act 9 to amend the Real Property Law and the Real 10 Property Tax Law, in relation to the assessment 11 of property of homeowners; 12 3736, by Senator LaValle, an act 13 to amend the General Municipal Law, in relation 14 to creating the town of Southampton Community 15 Development Agency; 16 4049, by Senator DiCarlo, an act 17 to amend the General Municipal Law, in relation 18 to paid leave for disaster service volunteers; 19 4158, by Senator Leibell, an act 20 to amend the General Municipal Law, in relation 21 to urban development action; 22 4225B, by Senator DeFrancisco, an 23 act to amend the County Law, the General 10277 1 Municipal Law and the Education Law, in relation 2 to the appointment as private college campus 3 security officers; 4 4398, by Senator Spano, an act to 5 amend the Local Finance Law, in relation to 6 bonds and notes of the city of Yonkers; 7 4884A, by Senator Seward, an act 8 to amend the State Administrative Procedure Act, 9 in relation to provision of non-basic 10 telecommunications services; 11 5222, by Senator Goodman, an act 12 to amend the Tax Law, in relation to an 13 amendment of a lease by a cooperative housing 14 corporation; 15 5380, by Senator LaValle, an act 16 in relation to creating a tax stabilization 17 reserve fund; and 18 5395A, by Senator Velella, an act 19 to amend the Public Health Law, in relation to 20 the testing of pregnant women for the human 21 immunodeficiency virus. 22 All bills ordered directly for 23 third reading. 10278 1 SENATOR MARCELLINO: Mr. 2 President, I move we accept the report of the 3 Rules Committee. 4 ACTING PRESIDENT HOLLAND: All in 5 favor of accepting the Rules Committee report 6 say aye. 7 (Response of "Aye.") 8 Opposed say nay. 9 (Response of "Nay.") 10 The rules report is accepted. 11 SENATOR MARCELLINO: Recognize 12 Senator Levy. 13 ACTING PRESIDENT HOLLAND: 14 Senator Levy. 15 SENATOR LEVY: I'd like to 16 request unanimous consent to be recorded in the 17 negative on 1276. 18 ACTING PRESIDENT HOLLAND: 19 Without objection, Senator Levy is recorded in 20 the negative on Calendar 1276. 21 SENATOR MARCELLINO: Can we 22 recognize Senator Santiago, please. 23 SENATOR SANTIAGO: I'd like to 10279 1 request unanimous consent to be recorded in the 2 negative on Calendars 1297, 1354 and 1358. 3 ACTING PRESIDENT HOLLAND: 4 Without objection, the Senator will be recorded 5 in the negative on those three calendar 6 items. 7 Senator Marcellino. 8 SENATOR MARCELLINO: Mr. 9 President, could we take up Senate Supplemental 10 Calendar Number 1, non-controversial, please. 11 ACTING PRESIDENT HOLLAND: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1366, by Senator Hannon, Senate Print 31A, an 15 act to amend the Tax Law, in relation to the 16 sales tax imposed on club dues. 17 SENATOR PATERSON: Lay aside, 18 please. 19 ACTING PRESIDENT HOLLAND: Laid 20 aside. 21 THE SECRETARY: Calendar Number 22 1386, by Senator Holland. 23 SENATOR MARCELLINO: Mr. 10280 1 President. 2 ACTING PRESIDENT HOLLAND: 3 Senator Marcellino. 4 SENATOR MARCELLINO: Can we have 5 a brief pause for -- at the request of our 6 Deputy Minority Leader to catch his breath. 7 ACTING PRESIDENT HOLLAND: The 8 Senate will stand at ease temporarily, just a 9 brief pause, not at ease, just a brief pause. 10 SENATOR MARCELLINO: Mr. 11 President. 12 ACTING PRESIDENT HOLLAND: Senator 13 Marcellino. 14 SENATOR MARCELLINO: May we now 15 call up Calendar Number 1218. I believe there's 16 a home rule message at the desk. 17 ACTING PRESIDENT HOLLAND: There 18 is a home rule message at the desk. The 19 Secretary will read it. 20 THE SECRETARY: On page 28, 21 Calendar Number 1218, by Senator Maltese, Senate 22 Print 3718A, an act to amend the Administrative 23 Code of the city of New York, in relation to the 10281 1 title and compensation of certain police 2 sergeants. 3 ACTING PRESIDENT HOLLAND: Read 4 the last section. 5 THE SECRETARY: There is a home 6 rule message. We mentioned that. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT HOLLAND: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT HOLLAND: The 14 bill is passed. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President. 18 ACTING PRESIDENT HOLLAND: 19 Senator Marcellino. 20 SENATOR MARCELLINO: May we 21 return to the non-controversial calendar, 22 Supplemental Number 1. 23 ACTING PRESIDENT HOLLAND: 10282 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1366, by Senator Hannon, Senate Print 31A, an 4 act to amend the Tax Law, in relation to the 5 sales tax imposed on club dues. 6 SENATOR PATERSON: Lay aside, 7 please. 8 ACTING PRESIDENT HOLLAND: Laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1386, by Senator Holland, Senate Print 203, an 12 act to amend the Judiciary Law, in relation to 13 increasing the allocation of funds. 14 ACTING PRESIDENT HOLLAND: Read 15 the last section. 16 Senator Gold. 17 SENATOR GOLD: One second, 18 please. 19 ACTING PRESIDENT HOLLAND: One 20 second. 21 SENATOR MARCELLINO: Lay it 22 aside. 23 ACTING PRESIDENT HOLLAND: Lay 10283 1 the bill aside. 2 THE SECRETARY: Calendar Number 3 1387, by Senator Holland, Senate Print Number 4 467 - 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT HOLLAND: 7 Senator Gold. 8 SENATOR GOLD: Yeah. I don't 9 have any objection to -- to your bill, 18... 10 1386. I'd like to explain my vote, but if you'd 11 like to call it up, I don't have any objection. 12 ACTING PRESIDENT HOLLAND: Can we 13 return to 1386, please. 14 THE SECRETARY: Calendar Number 15 1386, by Senator Holland, Senate Print 203, an 16 act to amend the Judiciary Law. 17 ACTING PRESIDENT HOLLAND: 18 Senator Gold to explain his vote. Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of 22 April. 23 ACTING PRESIDENT HOLLAND: Call 10284 1 the roll. 2 (The Secretary called the roll. ) 3 ACTING PRESIDENT HOLLAND: 4 Senator Gold to explain his vote. 5 SENATOR GOLD: Mr. President, 6 there was a day, I guess maybe a year or two ago 7 when I sat at a committee meeting and your first 8 bill came up, and I was disgusted and shocked at 9 the problem and very proud of you for at least 10 trying to deal with it but, as I looked into the 11 problem, I found that while we are increasing 12 the amount of money that goes to the client 13 protection fund, I am unconvinced that the $40 14 additional amount of money makes the fund 15 solvent, and the way I understand the fund has 16 been operated is that they only take so many 17 claims to process because they've only got a 18 certain amount of money, rather than processing 19 all of the claims and getting the money. 20 Now, when we originally, thanks 21 to former Senator "Cadillac" Smith, put in this 22 fee for lawyers, the argument behind it was that 23 we would create a fund and take care of clients 10285 1 who were injured. Then we got to the point 2 where we started limiting the amount of money 3 that went to the client fund and putting the 4 other money elsewhere. 5 While I will support this bill 6 because the hundred dollars is better than 60, 7 Senator Holland, I don't think we've gone far 8 enough. As much money as is taken from these 9 fees as is necessary to pay injured clients 10 ought to be available and the money should not 11 be diverted. So, Senator Holland, you have my 12 congratulations for dealing at least in some way 13 with the problem, but it is in no way curing 14 this problem, and there are people who have been 15 injured by -- by lawyers who have defrauded 16 their own clients, who are not being paid and 17 that's our fault because we have diverted some 18 of that money. 19 I vote in the affirmative. 20 ACTING PRESIDENT HOLLAND: 21 Announce the results. 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT HOLLAND: The 10286 1 bill is passed. 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 387, by Senator Holland, Senate Print 467. 5 SENATOR PATERSON: Lay aside, 6 please. 7 ACTING PRESIDENT HOLLAND: Lay 8 aside, please. 9 SENATOR STACHOWSKI: Mr. 10 President. 11 ACTING PRESIDENT HOLLAND: 12 Senator. 13 SENATOR STACHOWSKI: May I have 14 unanimous consent to be recorded in the negative 15 on Calendar Number 1270? 16 ACTING PRESIDENT HOLLAND: You 17 were recorded in the negative on 1270. 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1388, by Senator Jones, Senate Print Number 735, 21 an act to authorize the Commissioner of the 22 Department of Transportation. 23 ACTING PRESIDENT HOLLAND: Last 10287 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT HOLLAND: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 56. 8 ACTING PRESIDENT HOLLAND: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1390, by Senator Oppenheimer, Senate Print 12 Number 1350A, an act to amend the Vehicle and 13 Traffic Law, in relation to leaving the scene of 14 an accident without reporting. 15 ACTING PRESIDENT HOLLAND: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of 19 November. 20 ACTING PRESIDENT HOLLAND: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 56. 10288 1 ACTING PRESIDENT HOLLAND: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1391, by Senator Larkin, Senate Print 1578A, an 5 act to amend the Real Property Tax Law, in 6 relation to subjecting certain state lands. 7 ACTING PRESIDENT HOLLAND: Call 8 the roll -- read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect April 1st. 11 ACTING PRESIDENT HOLLAND: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 56. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1392, by Senator DeFrancisco, Senate Print 19 2304A, an act to amend the Canal Law, in 20 relation to making conforming amendments. 21 ACTING PRESIDENT HOLLAND: Read 22 the last section. 23 THE SECRETARY: Section 38. This 10289 1 act shall take effect immediately. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 56. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1393, by Senator Larkin, Senate Print 2555A, an 10 act to amend the Town Law and County Law, in 11 relation to establishment and extension of fire 12 districts. 13 ACTING PRESIDENT HOLLAND: Read 14 the last section. 15 THE SECRETARY: Section 14. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT HOLLAND: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT HOLLAND: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 10290 1 1394, by Senator Goodman, Senate Print 2643A, an 2 act to amend the Transportation Law, in relation 3 to establishing dispute settlement programs. 4 ACTING PRESIDENT HOLLAND: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT HOLLAND: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT HOLLAND: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1359, by Senator Wright, Senate Print 3184A, an 16 act to amend the Real Property Tax Law, in 17 relation to subjecting lands within the Tug Hill 18 region to taxation. 19 ACTING PRESIDENT HOLLAND: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first day of 23 January. 10291 1 ACTING PRESIDENT HOLLAND: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 56. 5 ACTING PRESIDENT HOLLAND: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1396, by Senator Spano, Senate Print Number 9 3205, an act to amend the Retirement and Social 10 Security Law, in relation to uniform court 11 officers. 12 ACTING PRESIDENT HOLLAND: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 56. 20 ACTING PRESIDENT HOLLAND: The 21 bill is passed. 22 THE SECRETARY: Calendar... 23 Senator Skelos moves to discharge from the 10292 1 Committee on Rules Assembly Bill Number 6108A, 2 and substitute it for the identical Calendar 3 Number 1397. 4 ACTING PRESIDENT HOLLAND: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 1397, by member of the Assembly Weisenberg, 8 Assembly Print 6108A, an act to amend the 9 General Business Law, in relation to 10 qualifications for a private investigator's 11 license. 12 ACTING PRESIDENT HOLLAND: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 56. 20 ACTING PRESIDENT HOLLAND: The 21 bill is passed. Senator Leichter. 22 SENATOR LEICHTER: Negative. 23 ACTING PRESIDENT HOLLAND: 10293 1 Announce the results. 2 THE SECRETARY: Ayes 55, nays 3 one, Senator Leichter recorded in the negative. 4 ACTING PRESIDENT HOLLAND: The 5 bill is passed. 6 THE SECRETARY: 1398, by Senator 7 Johnson, Senate Print 3560. 8 SENATOR PATERSON: Lay aside. 9 ACTING PRESIDENT HOLLAND: Lay 10 the bill aside. 11 THE SECRETARY: Calendar Number 12 1399. 13 ACTING PRESIDENT HOLLAND: The 14 bill is high. Laid aside, please. 15 THE SECRETARY: Calendar Number 16 1400, by Senator LaValle, Senate Print 3736, an 17 act to amend the General Municipal Law, in 18 relation to creating the town of Southampton 19 Community Development Agency. 20 ACTING PRESIDENT HOLLAND: There 21 is a home rule message at the desk. 22 THE SECRETARY: Section - 23 ACTING PRESIDENT HOLLAND: Read 10294 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT HOLLAND: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 56. 8 ACTING PRESIDENT HOLLAND: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1402, by Senator DiCarlo, Senate Print 4049, an 12 act to amend the General Municipal Law, in 13 relation to paid leave for disaster service 14 volunteers. 15 ACTING PRESIDENT HOLLAND: 16 There's a home rule message at the desk. Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT HOLLAND: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 56. 10295 1 ACTING PRESIDENT HOLLAND: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1403, by Senator Leibell, Senate Print 4158, an 5 act to amend the General Municipal Law, in 6 relation to urban development action area 7 projects. 8 ACTING PRESIDENT HOLLAND: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT HOLLAND: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 56. 16 ACTING PRESIDENT HOLLAND: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1404, by Senator DeFrancisco, Senate Print 20 4225B, an act to amend the County Law, the 21 General Municipal Law and the Education Law, in 22 relation - 23 SENATOR PATERSON: Lay aside. 10296 1 ACTING PRESIDENT HOLLAND: Lay 2 the bill aside. 3 THE SECRETARY: Calendar Number 4 1405, by Senator Spano, Senate Bill Number 4398, 5 Local Finance Law, in relation to bonds and 6 notes of the city of Yonkers. 7 ACTING PRESIDENT HOLLAND: There 8 is no home rule message at the desk. Please lay 9 the bill aside. 10 THE SECRETARY: Calendar Number 11 1406, by Senator Seward, Senate Print 4884A, 12 State Administrative Procedure Act, in relation 13 to provision of non-basic telecommunications 14 services. 15 ACTING PRESIDENT HOLLAND: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT HOLLAND: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT HOLLAND: The 10297 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1407, by Senator Goodman, Senate Print 5222, an 4 act to amend the Tax Law, in relation to an 5 amendment of a lease by a cooperative housing 6 corporation. 7 ACTING PRESIDENT HOLLAND: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT HOLLAND: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 56. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1408, by Senator LaValle, Senate Print 5380, an 19 act in relation to creating a tax stabilization 20 reserve fund. 21 ACTING PRESIDENT HOLLAND: Read 22 the last section. 23 THE SECRETARY: Section 2. This 10298 1 act shall take effect immediately. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 56. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1409, by Senator Velella. 10 ACTING PRESIDENT HOLLAND: The 11 bill is high. Lay it aside, please. 12 SENATOR LEICHTER: Mr. 13 President. 14 SENATOR ONORATO: Mr. President. 15 ACTING PRESIDENT HOLLAND: 16 Senator Leichter. 17 SENATOR LEICHTER: Yes. May I 18 have unanimous consent to be recorded in the 19 negative on Calendar Number 1406. 20 ACTING PRESIDENT HOLLAND: 21 Without objection, Senator Leichter will be 22 recorded in the negative on Calendar 1406. 23 SENATOR ONORATO: Mr. President, 10299 1 may I have unanimous consent to be recorded in 2 the negative on Calendar Number 1207? 3 ACTING PRESIDENT HOLLAND: 4 Without objection - 5 SENATOR MENDEZ: Mr. President. 6 Mr. President. 7 ACTING PRESIDENT HOLLAND: Sorry, 8 Senator Onorato. 1207 has not passed, Calendar 9 1207 has not passed. 10 SENATOR ONORATO: Oh. 11 ACTING PRESIDENT HOLLAND: 12 Senator Mendez. 13 SENATOR MENDEZ: Mr. President, 14 may I have unanimous consent to be recorded in 15 the negative on Calendar Number 1406? 16 ACTING PRESIDENT HOLLAND: 17 Senator Mendez will be in the negative on 1406 18 without objection. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, can we go to the controversial 22 calendar. 23 ACTING PRESIDENT HOLLAND: The 10300 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1366, by Senator Hannon, Senate Print 31A, an 4 act to amend the Tax Law, in relation to the 5 sales tax imposed on club dues. 6 SENATOR PATERSON: Explanation. 7 ACTING PRESIDENT HOBLOCK: 8 Explanation, Senator Hannon. 9 SENATOR HANNON: This legislation 10 would clarify that the fees collected by home 11 owners associations are exempt from sales and 12 use taxes. This is not something that's 13 enforced now on a consistent widespread basis. 14 The Tax Department had issued an opinion saying 15 that a portion of homeowners association dues 16 allocated to the maintenance of recreation 17 facilities are taxable as membership so that 18 this is designed to correct that opinion and to 19 overturn that opinion. 20 ACTING PRESIDENT HOBLOCK: 21 Senator Paterson. 22 SENATOR PATERSON: Mr. President, 23 if Senator Hannon would yield. 10301 1 ACTING PRESIDENT HOBLOCK: 2 Senator Hannon, do you yield? 3 SENATOR HANNON: Yes. 4 SENATOR PATERSON: Senator, 5 aren't you, by enacting this law, going against 6 the spirit of the law that already exists? In 7 other words, what you're trying to accomplish is 8 exactly what the law wants you not to accomplish 9 because over and beyond a certain amount such as 10 $10, we have determined as lawmakers before that 11 this is a taxable sum of money. 12 Now, where you have fraternal 13 organizations or home management organizations 14 that -- for perhaps rental of areas and they're 15 dues paying and that kind of thing. These are, 16 you know, I don't know whether or not they 17 should be taxable but, if I was going to address 18 this problem, what I would suggest is that maybe 19 you raise the amount of money by which dues can 20 be collected before they're taxable rather than 21 picking a few areas that are suitable not to be 22 taxable and having some that are because that 23 really smacks of a certain preferential 10302 1 treatment for certain and the denial of the same 2 service for others. 3 SENATOR HANNON: I -- Senator, 4 with all due respect, I'd have to -- I don't 5 know exactly what your question would be, sir. 6 I'd like -- let me give you the rationale and 7 give you the - 8 SENATOR PATERSON: Let me give 9 you the question in one statement. Don't you 10 think you're going against the spirit of the law 11 as it exists right now? 12 SENATOR HANNON: Not only would I 13 say absolutely not. I would say the spirit of 14 this, this is -- the bill, the new part of this 15 bill deals with the homeowners associations and 16 these are -- would include a cooperative assoc 17 iation. Apartment could open and the idea of 18 the real estate development that has taken place 19 has been to offer these clubs as part and parcel 20 of either the co-op or the condo or the home 21 owners association, and the idea was it was an 22 incident of ownership of the unit and, 23 therefore, had nothing to do with the retail 10303 1 sales in any which way and, therefore, when the 2 advisory opinion of the Tax Department came 3 along, they looked at it and said, Wait a 4 minute, this is over-reaching, maybe it's 5 embraced in the law, but it certainly is not the 6 spirit, and it's not the intention and, 7 therefore, we would correct it. 8 SENATOR PATERSON: Senator, maybe 9 you're misunderstanding me. I don't think that 10 that is such a bad thing, what you're trying to 11 do. Actually, I think it's a good thing. What 12 I'm asking you is, what about other social 13 organizations and groups that are benefiting 14 from dues practices in the same way that the 15 ones you've addressed in this legislation is? 16 It's -- I don't have a problem 17 with you putting them in, I just have a problem 18 with you leaving the others out. 19 SENATOR HANNON: To the extent 20 that I know about any -- very frankly, I don't 21 know of any others that were included. I don't 22 know that we've treated anybody unequally 23 because I don't know that there's anybody out 10304 1 there. I'm certainly willing to entertain it if 2 you point us in that direction. What we have 3 tried to do is have an equal treatment and have 4 a logical treatment. 5 SENATOR PATERSON: Senator, let 6 me give you an example. What about say, for 7 instance, a neighborhood pool, everybody pays to 8 be a part of the organization that runs the 9 pool, everybody gets to use the pool. Would 10 that be tax-exempt? 11 SENATOR HANNON: To my knowledge, 12 neighborhood pools would not -- if they were 13 doing it for profit, should be taxed. If 14 they're an -- if they're an exercise 15 organization, a Jack LaLanne, they ought to be 16 taxed, but this is not where it's being run on a 17 for-profit basis. 18 SENATOR PATERSON: Well, we would 19 say - 20 SENATOR HANNON: Notice - 21 notice, and what we're doing here is, one of the 22 criteria for the exclusion is operating social 23 or athletic facilities located in such area for 10305 1 use by such owners or residents. In other 2 words, what you have to do is really be a part 3 and parcel of the organization and in our 4 discussion with the Tax Department, we said if 5 you would open it up and, therefore, be akin to 6 a Jack LaLanne, well, then you ought to get 7 taxed. That would be in the nature of a retail 8 or commercial operation. We're not excluding 9 it. What we're trying to do is exclude just for 10 the use of the owners or their guests. 11 SENATOR PATERSON: Then I thank 12 you for the explanation, Senator, because, just 13 so - 14 SENATOR HANNON: Just one other 15 thing. We say for such use whether or not 16 exclusive. Now, the point is there would have 17 to be at some point, you know, you could invite 18 your grandchildren over, your cousin or 19 something like that. That was the thought of 20 allowing incidental use, but it would be far too 21 difficult to detail all of that in statute, so 22 when there is some type of de minimus extraneous 23 use by those people who are not owners or 10306 1 residents, that would be allowable. However, to 2 the extent it would go beyond being de minimus, 3 then it would be taxable. 4 SENATOR PATERSON: Senator, 5 there's no cap to how high the fees might be 6 charged, is there? 7 SENATOR HANNON: No. 8 SENATOR PATERSON: O.K. Well, Mr. 9 President, the Senator has addressed the issues 10 that were of concern to us, and it's good to 11 have on record that the Senator has expressed 12 that these were all of the sort of private 13 organizations that he could think of, but if 14 this issue were to come up because after his 15 explanation I can't think of any more, so I 16 would say that Senator Hannon is correct, if 17 there were some that I'm not thinking of that 18 arise in the future, hopefully this discussion 19 will shed light on the fact that they will be 20 included as well. 21 SENATOR HANNON: I just say I 22 think your points are well taken, Senator, and 23 glad you asked those questions. 10307 1 ACTING PRESIDENT HOBLOCK: 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of the 5 quarterly sales tax period. 6 ACTING PRESIDENT HOBLOCK: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 56. 10 ACTING PRESIDENT HOBLOCK: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1387, by Senator Holland, Senate Print Number 14 467, an act to amend the Social Services Law, in 15 relation to including portable X-ray services. 16 SENATOR PATERSON: Explanation. 17 ACTING PRESIDENT HOBLOCK: 18 Senator Holland, an explanation has been asked 19 for. 20 SENATOR HOLLAND: Yes, Mr. 21 President, this bill allows for portable X-ray 22 services to be directly reimbursed by Medicaid. 23 It will improve care for those who are least 10308 1 able to be transported to an X-ray facility and 2 decrease costs associated with transportation. 3 SENATOR PATERSON: Senator 4 Holland, the City, the mayor is objecting to 5 this because he feels it will increase the 6 City's costs. I don't know whether it does or 7 it doesn't. I'm asking you if you know. 8 SENATOR HOLLAND: I wouldn't 9 think so, Senator. It will make it much easier 10 on the clients. It will reduce the cost of 11 transportation. It will save Medicaid money on 12 the cost of transportation and should lower the 13 rates available for portable X-rays, and they 14 can go to one facility and X-ray a number of 15 people at that facility at the same time. 16 Did he tell you why he was -- he 17 thought it would increase costs? 18 SENATOR PATERSON: Who, the 19 mayor? 20 SENATOR HOLLAND: Yes. 21 SENATOR PATERSON: He just 22 thought patients, but I think you've addressed 23 the issue, Senator, and actually, last year the 10309 1 Governor vetoed it for some reason because he 2 thought it would lead to more fraud, but I don't 3 see how that could be the case, do you? 4 SENATOR HOLLAND: Well, sir, in 5 fact, Medicaid requires an attending physician 6 to specify the area of the need for the patient, 7 the area exposed and the number of radiographs 8 to be obtained. I don't believe so, sir. 9 Certainly, we'll watch that for 10 fraud and abuse. 11 SENATOR PATERSON: Well, in that 12 case, sir, I think we can pass this bill 13 immediately. I don't think we need to read the 14 last section. Just pass the bill. 15 SENATOR HOLLAND: Thank you very 16 much. 17 ACTING PRESIDENT HOBLOCK: 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT HOBLOCK: Call 22 the roll. 23 (The Secretary called the roll. ) 10310 1 THE SECRETARY: Ayes 56. 2 ACTING PRESIDENT HOBLOCK: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1398, by Senator Johnson, Senate Print 3560, an 6 act to amend the General Obligations Law, in 7 relation to liability of landowners. 8 SENATOR PATERSON: Explanation. 9 ACTING PRESIDENT HOBLOCK: An 10 explanation has been asked for. 11 Senator Johnson. Senator 12 Skelos? 13 SENATOR SKELOS: While we're 14 waiting for Senator Johnson to come back in the 15 chambers, all right, could you call up Senator 16 DeFrancisco's bill, Calendar Number 1404, 17 please. 18 ACTING PRESIDENT HOBLOCK: 19 Secretary will read 1404. 20 THE SECRETARY: Calendar Number 21 1404, by Senator DeFrancisco, Senate Print 22 Number 4225B, an act to amend the County Law, 23 the General Municipal Law and the Education Law, 10311 1 in relation to the appointment as private 2 college security officers. 3 SENATOR ONORATO: Explanation. 4 ACTING PRESIDENT HOBLOCK: 5 Explanation is asked for. Senator DeFrancisco. 6 SENATOR DeFRANCISCO: This bill 7 was prepared at the request of Syracuse 8 University. Substantial concern, as with other 9 universities, where the security officers that 10 are on the campuses have no authority other than 11 simply the authority to make a citizen's 12 arrest. 13 Several weeks ago, we passed a 14 bill which basically stated that we wanted 15 universities to report crime statistics and, 16 quite frankly, we can report all we want if 17 those security officers that are on the campuses 18 don't have some authority to arrest other than a 19 citizen's arrest, merely reporting them isn't 20 going to do any good. 21 What this bill would do is that 22 it would -- it would allow for either a - 23 the sheriff or the chief of police in the 10312 1 jurisdiction where the university is, to appoint 2 officers that would be security officers at the 3 university, but be paid by the university and 4 the university -- the officers would, instead of 5 just having citizen's arrest authority, they 6 would have arrest to -- the power to arrest 7 based upon probable cause. 8 Lastly, this could not take place 9 unless the jurisdiction itself is -- would pass 10 legislation that would allow this to happen, so 11 the locality would have to make that 12 determination whether to put this into effect. 13 It gives them the authority. 14 SENATOR PATERSON: Well, Senator, 15 you've put in some good measures to protect the 16 locality. Senator Mendez likes your bill as she 17 passes by, but I have a couple of questions if 18 you wouldn't mind yielding. 19 SENATOR DeFRANCISCO: Sure. 20 ACTING PRESIDENT HOBLOCK: 21 Senator DeFrancisco, do you yield? 22 SENATOR DeFRANCISCO: Yes, I do. 23 SENATOR PATERSON: Senator, when 10313 1 we start with security guards with batons and 2 allowing them to carry made, mace may inevitably 3 be a nominal issue because we may just wind up 4 passing legislation to allow citizens to carry 5 mace but, when we do allow that where we stand 6 right now, without any training, without any 7 real understanding of what law enforcement 8 capability is and duty and responsibility, do 9 you think that we are in a sense giving these 10 private security guards any power that may be 11 corruptible in the sense that it may lead to the 12 uses of excessive force in situations for which 13 there is no merit? 14 SENATOR DeFRANCISCO: Senator, 15 first of all, we were very careful not to 16 include the carrying of weapons as part of this 17 bill, and merely a baton and mace. It seems 18 that if we're going to give these officers, 19 security officers, the authority to arrest and 20 in some cases it's a violent type crime -- as we 21 know, there are rapes on college campuses and 22 barring assaults on college campuses, it would 23 be, I think, unfair to not equip them with 10314 1 something to defend themselves and allow them to 2 arrest on probable cause, so I think a balance 3 has been struck to, I think, alleviate most of 4 the concerns that you might have because they 5 would not be allowed to carry a weapon other 6 than a baton and mace and if there was abuse on 7 behalf of an officer, whether it be liability 8 like in any other case of excessive force being 9 used. 10 SENATOR PATERSON: Senator, I am 11 concerned that we are not privatizing our police 12 in some respects, and even the police are con 13 cerned about citizens who get hired privately 14 doing this kind of work getting carried away, so 15 to speak, particularly in the cases of college 16 security, often many of them are younger people 17 who are working in those capacities as well. 18 I notice that the Sheriffs 19 Association was opposed to your "A" print of 20 this particular legislation even though I will 21 concede that you did not allow them to carry 22 weapons, and that you're trying to strike a 23 balance. Now, you have a "B" print of the 10315 1 bill. That's the one that's before us as we 2 speak. 3 How has the Sheriffs Association 4 responded to that bill? 5 SENATOR DeFRANCISCO: They 6 haven't, but I would assume that the statewide 7 Sheriffs Association would be opposed. I think 8 it's clearly an issue of the fact that there 9 will be a private university hiring their own 10 security guards rather than someone who might be 11 a member of their association. 12 I did, however, take great pains 13 to work with our local department, the Onondaga 14 County Sheriffs Department and their association 15 has con... has agreed with this bill and has not 16 filed any objection to it, and I think the 17 reaction of the statewide Sheriffs Association 18 is a logical one from their perspective, but the 19 fact of the matter is, with municipalities with 20 financial problems, towns, villages, cities and 21 counties, are unable to hire enough police to - 22 to deal with college campuses, and that's why 23 college campuses have hired security guards and 10316 1 we're just trying to give them some ability to 2 stop a crime in progress or arrest somebody on 3 probable cause and a minimal amount of equipment 4 to protect themselves. 5 SENATOR PATERSON: And the 6 budget. 7 Mr. President, rarely does the 8 sponsor of legislation admit that by conjecture 9 he or she would assume that an organization is 10 opposed, so I really want to commend Senator 11 DeFrancisco. I think he's very honest on that 12 particular point. 13 I would want to make you aware 14 though, Senator, I'm not a member of the 15 Sheriffs Association. I feel I have a 16 substantive reason for wanting to criticize this 17 piece of legislation, and I think that many of 18 their members probably feel the same way. I 19 think of it might be a little more than just the 20 fact that they aren't actually getting the 21 jobs. 22 I understand the -- the situation 23 that you're trying to address, and the often 10317 1 increased violence on our campuses today. What 2 I'm just saying is that to arm this personnel in 3 a way that I think could actually cause more 4 violence or excessive violence is something that 5 has to be scrutinized as strictly as possible, 6 and if the individuals who are taking these jobs 7 are not often pre-screened in situations that 8 become volatile, they can get as carried away as 9 some of the individuals who are in the 10 situation. They don't have the same training 11 that our police and other law enforcement 12 personnel have, and I think that those 13 situations just as much as the private security 14 guards sometimes don't act when they should out 15 of anxiety created by these situations, 16 sometimes they over-react. 17 All of this is attributed not to 18 a defect in their character, but really what is 19 really a lesser amount of training and full 20 understanding of the actual situation. 21 And so, on the bill, Mr. 22 President, I would -- wouldn't be able to vote 23 for this bill because I just think that it is, 10318 1 as the statewide Sheriffs Association says, in 2 many respects, privatizing a law enforcement 3 capacity that should generally be administered 4 through the public. 5 ACTING PRESIDENT HOBLOCK: 6 Senator Oppenheimer. 7 SENATOR OPPENHEIMER: Thank you, 8 Mr. President. We have done a considerable 9 amount of work, oh, about two or three years 10 ago, concerning security on college campuses, 11 and I think this bill is worthy of support. 12 I would commend to you a bill I 13 have which says that the SUNY peace officers 14 ought to have some very specific training in 15 sexual abuse cases, and we have a bill in that 16 recommends 12 hours of training in this, because 17 this is, perhaps, the most common -- it is the 18 most common violent crime on college campuses, 19 and there should be further training. 20 I think it's warranted because of 21 the nature of sex offenses and the way one has 22 to respond -- you know, the degree of 23 sensitivity and appropriateness to the victim 10319 1 and, because of the unusual nature of that 2 crime, we feel there should be additional 3 training. I think now, in the training for 4 security guards, I think it's three hours. We 5 believe it should be brought up to 12 in light 6 of the peculiar nature of this offense, in that, 7 it is such a common -- unfortunately, such a 8 common crime on campuses. 9 So I commend that to you, but I 10 support your bill. 11 ACTING PRESIDENT HOBLOCK: 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: Two 14 points. As I mentioned before, there is a 15 provision in the bill that would require the 16 university to indemnify the sheriff's department 17 or the city police in case of any time that they 18 might be involved in a suit because of excessive 19 force or improper activities. 20 And, directly to Senator 21 Paterson's point, there is a section in the bill 22 which I neglected to mention that requires that 23 the individuals who are these security guards be 10320 1 registered pursuant to the Security Guard Act, 2 which is part of the General Business Law, and 3 complete a training program with special 4 emphasis on the proper use of a baton and 5 noxious materials approved by the Municipal 6 Police Training Council or similar agency. 7 There's also provision for 8 character and background checks which are in the 9 best interest, obviously, of the universities 10 since they, most likely, would not want to be 11 sued for having an incompetent individual in 12 these positions. 13 ACTING PRESIDENT HOBLOCK: 14 Secretary will read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT HOBLOCK: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar 1404 are Senators 22 Connor, Paterson and Wright. Ayes 54, nays 3. 23 ACTING PRESIDENT HOBLOCK: The 10321 1 bill is passed. 2 SENATOR HOFFMANN: Mr. President. 3 ACTING PRESIDENT HOBLOCK: 4 Senator Hoffmann. 5 SENATOR HOFFMANN: I would 6 request unanimous consent to be recorded in the 7 negative on Calendar 748, passed earlier today. 8 ACTING PRESIDENT HOBLOCK: Unless 9 there's objection, Senator Hoffmann will be 10 recorded in the negative on Calendar 1748 - 11 748, I'm sorry. 12 Senator Skelos. 13 SENATOR SKELOS: I believe there 14 has been a home rule message received on 15 Calendar Number 1405, by Senator Spano. Would 16 you call the bill at this time. 17 ACTING PRESIDENT HOBLOCK: 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1405, by Senator Spano, Senate Print 4398, an 21 act to amend the Local Finance Law, in relation 22 to bonds and notes of the city of Yonkers. 23 ACTING PRESIDENT HOBLOCK: There 10322 1 is a home rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT HOBLOCK: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT HOBLOCK: The 10 bill is passed. 11 Senator Skelos. 12 SENATOR SKELOS: May we stand at 13 ease for one moment. 14 (There was a pause in the 15 proceedings.) 16 SENATOR SKELOS: Shortly, there 17 will be a supplemental live calendar coming out 18 to the original calendar, the yellow calendar 19 that's on our desk, so if they want to see 20 what's coming up, they should come in the 21 chambers as soon as possible. 22 At this time, we will take up 23 Calendar 1398, by Senator Johnson. 10323 1 SENATOR PATERSON: Explanation. 2 ACTING PRESIDENT HOBLOCK: The 3 Secretary will read Calendar 1398. 4 THE SECRETARY: Calendar Number 5 1398, by Senator Johnson, Senate Print 3560, an 6 act to amend the General Obligations Law, in 7 relation to liability of landowners. 8 SENATOR JOHNSON: Mr. President, 9 this bill amends Paragraph (b), Subdivision 2, 10 Section 9.103 of the General Obligations Law, by 11 adding consideration for hunting and fishing at 12 an amount less than the property taxes paid on 13 the property. 14 Mr. President, what this bill is 15 intended to do is open up more lands for hunting 16 and fishing. In 1980, we had 58,000 people take 17 the hunting safety course. In 1994, the number 18 was only 28,000. There are fewer licenses being 19 sold, and the revenues which support wildlife 20 restoration and other things, these monies come 21 from hunting and fishing licenses. 22 One of the main problems in 23 diminishing hunting and fishing in New York 10324 1 State is the lack of access. What we're trying 2 to do with this bill is to say to a person, you 3 can have general protection against lawsuits the 4 same as enjoyed for people now using your 5 property for skiing, horseback riding, or 6 whatever, if you lease this land out or let 7 people come in by the day for a fee for hunting 8 or fishing. As long as you do not earn any more 9 money than the amount of taxes on your property, 10 you can still have the protection afforded by 11 Section 9.103. 12 ACTING PRESIDENT HOBLOCK: 13 Senator Paterson. 14 SENATOR PATERSON: Thank you very 15 much, Mr. President. 16 If Senator Johnson will be 17 gracious enough to yield for a couple of 18 questions. 19 ACTING PRESIDENT HOBLOCK: 20 Senator Johnson, do you yield? 21 SENATOR JOHNSON: Yes. 22 ACTING PRESIDENT HOBLOCK: 23 Senator yields. 10325 1 SENATOR PATERSON: Thank you, 2 Senator. These situations come up, I assume, on 3 a case-by-case basis. In other words, there 4 could be a number of individuals who are coming 5 onto someone's property to hunt and fish, and as 6 long as all of them individually are paying less 7 than the owner pays in property taxes, they can 8 use the property; is that not correct? 9 SENATOR JOHNSON: Well, the way I 10 understand the bill, you can not take in any 11 more than your taxes. For example, if your 12 taxes were $1,000 a year, you couldn't take in 13 more than $1,000 in any calendar year for 14 letting persons use this or for leasing the 15 property. 16 SENATOR PATERSON: So it's the 17 total collective - 18 SENATOR JOHNSON: Revenue. 19 SENATOR PATERSON: -- amount? 20 SENATOR JOHNSON: That's correct, 21 Senator. 22 SENATOR PATERSON: Senator, that 23 still would allow -- in other words, would you 10326 1 explain to me, if you would yield for a 2 question, what the amount is; in other words, 3 what the relationship is between the amount of 4 money that's collected and the property tax 5 itself? In other words, if you want to allow 6 people to hunt and fish on a person's land and 7 you want the person to be tax exempt, why did 8 the amount of money that they paid to the owner 9 make a particular difference? 10 SENATOR JOHNSON: Senator, you 11 said something about tax exempt? This has 12 nothing to do with any tax exemptions. What 13 this is to do, Senator, many people own land 14 now - 15 SENATOR PATERSON: I'm sorry, 16 Senator. I may have said tax exempt. I just 17 meant exempted from liability. I'm sorry. 18 SENATOR JOHNSON: Oh, okay. Many 19 persons, downstate, Jersey, other states, own 20 land in upstate New York, good hunting land. 21 They don't usually let people on that land. 22 They post those lands. Many of them don't even 23 use the land which is posted, but it's not 10327 1 accessible for the general public to go hunting; 2 and a lot of the wildlife programs, conservation 3 programs, are supported by revenues from hunting 4 and fishing license fees. 5 What this is intended to do is 6 encourage a person who owns land upstate, by 7 providing a small financial incentive, no 8 profit, he is not going into business really, 9 just letting him recoup up to the amount of his 10 taxes so he makes his land available to hunters 11 and fishermen. 12 SENATOR PATERSON: Senator, my 13 fear is that we are creating a situation where 14 we are disaffecting duty. What we are really 15 doing is abrogating responsibility to the user 16 where the owner may not really even reside on 17 the premises. It might be some land that they 18 just own, and they just might collect a little 19 money to let people go to hunt and fish on the 20 actual land, but there is no upkeep. There may 21 be hazards on the land. There may be dangerous 22 situations that an individual might meet up with 23 by coming on the land and by, in a sense, 10328 1 shielding them from liability, if some accident 2 would occur, what is the -- and I guess you know 3 the question I'm going to ask you -- what is 4 going to be the circumstance that will be faced 5 by the victim of some sort of accident? 6 SENATOR JOHNSON: Senator, I used 7 the example of a downstate person owning 8 property, but, of course, a lot of these 9 properties are owned by upstate people who 10 reside on these properties, so they will not 11 always be unsupervised. They may be in many 12 cases. 13 But we're only amending Section 14 2(b), but we do not limit the liability which 15 would otherwise exist for willful or malicious 16 failure to guard or warn against a dangerous 17 condition, structure, use or activity, et 18 cetera, or acts by a person whose permission was 19 granted to other persons, et cetera, et cetera. 20 They still would have the normal duty to warn of 21 dangers, and so forth, which might exist. 22 So I think we're really limiting 23 in a very strict way what takes place here and, 10329 1 of course, the landowner will have the present 2 liability which he retains in every other 3 respect. 4 SENATOR PATERSON: Thank you very 5 much, Senator. 6 Mr. President, on the bill. 7 ACTING PRESIDENT HOBLOCK: 8 Senator Paterson, on the bill. 9 SENATOR PATERSON: Originally, 10 there was some confusion in the bill as to 11 whether or not there was an amount of money that 12 might exceed the money paid in property taxes. 13 Senator Johnson certainly cleared that up by 14 letting it be known that it could not exceed the 15 amount of money, even if it was from a number of 16 donors, that the landowner pays in taxes. 17 What still concerns us is the 18 issue of individuals being possibly harmed on 19 property that doesn't have any upkeep because 20 there is no real pressure on the landlord. 21 Senator Johnson's response is that really it 22 only relates to certain parts of the actual 23 procedure and that, actually, there still are 10330 1 protections for an individual who is injured on 2 someone else's property. 3 We just feel that that's an area 4 of law that really should not be touched. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 55, nays 2. 13 Senators Connor and Paterson recorded in the 14 negative. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 Senator Wright, we have some 18 housekeeping matters, if you would like to take 19 care of those now. 20 SENATOR WRIGHT: If you would, 21 Mr. President. Please proceed with the 22 housekeeping and recognize Senator Libous. 23 ACTING PRESIDENT MAZIARZ: 10331 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, Mr. 3 President. On behalf of Senator Goodman, on 4 page 5, I offer the following amendments to 5 Calendar Number 163, Senate Print Number 1746, 6 and ask that the said bill retain its place on 7 the Third Reading Calendar. 8 ACTING PRESIDENT MAZIARZ: 9 Amendments received and adopted. 10 There is a substitution at the 11 desk, Senator Wright. 12 SENATOR WRIGHT: Please make the 13 substitution. 14 ACTING PRESIDENT MAZIARZ: 15 Secretary will read. 16 THE SECRETARY: Senator Holland 17 moves to discharge from the Committee on Rules 18 Assembly Bill Number 8042 and substitute it for 19 the identical Calendar Number 1352. 20 ACTING PRESIDENT MAZIARZ: 21 Substitution ordered. 22 Senator Wright. 23 (Whereupon, there was a pause in 10332 1 the proceedings.) 2 SENATOR WRIGHT: Mr. President. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Wright. 5 SENATOR WRIGHT: While we 6 appreciate the efficiency being demonstrated by 7 the presiding officer, we are extending a brief 8 courtesy to the Minority Leader, who is 9 reviewing the supplemental calendar, 10 supplemental active list of Thursday, June 15. 11 We encourage the other members to also review 12 that active list, and we will soon be taking 13 that up and proceeding, and we appreciate the 14 indulgence of the chair. 15 Thank you, Mr. President. 16 (There was a pause in the 17 proceedings.) 18 ACTING PRESIDENT MAZIARZ: 19 Senator Wright. 20 SENATOR WRIGHT: Mr. President. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Wright. 23 SENATOR WRIGHT: Would you 10333 1 recognize Senator Solomon for the purpose of 2 voting. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Solomon. 5 SENATOR SOLOMON: Thank you, Mr. 6 President. I would like unanimous consent to be 7 recorded in the negative on Calendar 1398. 8 ACTING PRESIDENT MAZIARZ: 9 Without objection, so ordered. 10 SENATOR SOLOMON: Thank you, Mr. 11 President. 12 SENATOR MAZIARZ: Senator Wright. 13 SENATOR WRIGHT: Mr. President, 14 if we could return to the original active list 15 and call up Calendar Number 1238. 16 ACTING PRESIDENT MAZIARZ: 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1238, by Senator Sears, Senate Print 4903B, an 20 act to amend the General Business Law, in 21 relation to itinerant vendors. 22 SENATOR WRIGHT: Mr. President, 23 is there a message of necessity at the desk? 10334 1 ACTING PRESIDENT MAZIARZ: Yes, 2 there is, Senator Wright. 3 SENATOR WRIGHT: I move we accept 4 the message. 5 ACTING PRESIDENT MAZIARZ: All 6 those in favor. 7 (Response of "Aye.") 8 Opposed. 9 (Response of "Nay.") 10 The message is accepted. 11 Senator Paterson. 12 SENATOR PATERSON: Mr. 13 President. I don't need an explanation on this 14 bill. Senator Sears provided one on Monday, and 15 I asked him a couple of questions about the bill 16 not really -- serving unequally to all of the 17 vendors, and that correction has been made, and 18 the bill is quite fine, and we'd like to thank 19 Senator Sears for listening and for responding, 20 and the bill, we feel, is improved and should 21 serve everyone equally. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 10335 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 58. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 Senator Wright. 10 SENATOR WRIGHT: If you will give 11 us a minute, Mr. President, we're waiting for a 12 sponsor to return to the floor. 13 ACTING PRESIDENT MAZIARZ: 14 Surely, Senator. 15 SENATOR WRIGHT: Mr. President. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Wright. 18 SENATOR WRIGHT: If we could 19 again return to the initial active list, and I 20 request that you call up Calendar 1221. 21 ACTING PRESIDENT MAZIARZ: 22 Secretary will read. 23 THE SECRETARY: Calendar Number 10336 1 1221, by Senator Goodman, Senate Print 4688C, an 2 act to amend the Vehicle and Traffic Law, in 3 relation to unlicensed and fraudulent operators. 4 SENATOR WRIGHT: Mr. President, 5 is there a message of necessity at the desk? 6 ACTING PRESIDENT MAZIARZ: There 7 is a message at the desk. 8 SENATOR WRIGHT: I move we accept 9 the message. 10 ACTING PRESIDENT MAZIARZ: All 11 those in favor of accepting the message. 12 (Response of "Aye.") 13 Opposed. 14 (There was no response.) 15 The message is accepted. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 58. 23 ACTING PRESIDENT MAZIARZ: The 10337 1 bill is passed. 2 Senator Wright. 3 SENATOR WRIGHT: Mr. President, 4 we will now move to the supplemental active 5 list. We will begin the noncontroversial 6 calendar, please. 7 ACTING PRESIDENT MAZIARZ: 8 Secretary will read, please. 9 THE SECRETARY: On page 15, 10 Calendar Number 720, by Senator Holland, Senate 11 Print 206, an act to amend the Public Health 12 Law, in relation to notification to local social 13 services departments. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 58. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 10338 1 THE SECRETARY: Calendar Number 2 732, by Senator DiCarlo, Senate Print 3362, an 3 act to amend the Vehicle and Traffic Law and the 4 Criminal Procedure Law, in relation to driving 5 while under the influence of alcohol or drugs. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section. 8 THE SECRETARY: Section 27. This 9 act shall take effect on the first day of 10 November. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 58. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 737, by Senator Stachowski, Senate Print 1671A, 19 an act to amend the General Municipal Law, in 20 relation to authorizing the establishment of a 21 Bureau of Administrative Adjudication. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 10339 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 58. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 746, by Senator Padavan, Senate Print 4185A, an 11 act to amend the Real property Tax Law, in 12 relation to tax exemption. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Wright. 15 SENATOR WRIGHT: Mr. President, 16 is there a message at the desk? 17 ACTING PRESIDENT MAZIARZ: Yes, 18 there is a message from the Governor. 19 SENATOR WRIGHT: Move we accept 20 the message of necessity. 21 ACTING PRESIDENT MAZIARZ: All 22 those in favor of accepting the message of 23 necessity. 10340 1 (Response of "Aye.") 2 Opposed. 3 (There was no response.) 4 The message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 26. This 7 act shall take effect July 1. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. Oh, I'm sorry. 13 Senator Kuhl. 14 (There was no response.) 15 THE SECRETARY: Ayes 57, nays 1. 16 ACTING PRESIDENT MAZIARZ: 17 Results. 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 751, by Senator Skelos, Senate Print 1243B, an 23 act to amend the General Business Law and the 10341 1 Education Law, in relation to the registration 2 of hearing aid dispensers. 3 Senator Wright. 4 SENATOR WRIGHT: Mr. President, 5 is there a message of necessity at the desk? 6 ACTING PRESIDENT MAZIARZ: Yes, 7 there is. 8 SENATOR WRIGHT: I move we accept 9 the message. 10 ACTING PRESIDENT MAZIARZ: All 11 those in favor of accepting the message, signify 12 by saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 The message is accepted. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect January 1. 20 SENATOR ABATE: Explanation. 21 ACTING PRESIDENT MAZIARZ: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 10342 1 752, by Senator Sears, Senate Print 1536A, an 2 act to amend the General Business Law, in 3 relation to materialmen. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect in 90 days. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 58. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 771, by Senator Lack, Senate Print 4427A, an act 16 to amend the Judiciary Law and the Uniform City 17 Court Act, in relation to City Court judges. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect April 1. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 10343 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 57, nays 1. 3 Senator Seward recorded in the negative. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 852, by Senator Padavan, Senate Print 2238A, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to driver education. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 858, by Senator Goodman, Senate Print 3466B, an 22 act to amend the Transportation Law, in relation 23 to disclosure by common carriers. 10344 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 58, nays 1. 9 Senator Kuhl recorded in the negative, also 10 Senator Larkin. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 859, by Senator Goodman, Senate Print 3498A, an 15 act to amend the Transportation Law, in relation 16 to estimates of transportation charges. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Wright. 19 SENATOR WRIGHT: Mr. President, 20 if you would proceed with 859, and then please 21 recognize me. 22 ACTING PRESIDENT MAZIARZ: 23 Proceed. Read the last section. 10345 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes - 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 Senator Wright. 10 SENATOR WRIGHT: Mr. President, 11 could we return to 751 on the Calendar. 12 ACTING PRESIDENT MAZIARZ: Could 13 you just hold on for one second, Senator 14 Wright? 15 Thank you. 16 Results. 17 THE SECRETARY: Ayes 58, nays 1. 18 Senator Kuhl recorded in the negative. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Wright. 21 SENATOR WRIGHT: Thank you, Mr. 22 President. 23 ACTING PRESIDENT MAZIARZ: The 10346 1 bill is passed. 2 Senator Wright. 3 SENATOR WRIGHT: Are you ready? 4 (Laughter.) 5 ACTING PRESIDENT MAZIARZ: Did 6 you get Senator Larkin's negative vote? I would 7 never hear the end of it. Thank you. 8 SENATOR WRIGHT: Thank you, Mr. 9 President. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Wright. 12 SENATOR WRIGHT: Can we return to 13 Calendar Number 751. 14 ACTING PRESIDENT MAZIARZ: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 751, by Senator Skelos, Senate Print 1243B, an 18 act to amend the General Business Law and the 19 Education Law, in relation to the registration 20 of hearing aid dispensers. 21 ACTING PRESIDENT MAZIARZ: I just 22 want to point out that the message was 23 previously accepted on this bill. 10347 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect January 1. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 58, nays 1, 8 Senator Maziarz recorded in the negative. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 Senator Wright. 12 SENATOR WRIGHT: If you will 13 continue with the reading of the 14 noncontroversial calendar on the supplemental 15 active list. 16 THE SECRETARY: Calendar Number 17 861, by Senator Spano, Senate Print 3975D, an 18 act to amend the Public Authorities Law, in 19 relation to the cost of station operation. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Wright. 22 SENATOR WRIGHT: Is there a 23 message of necessity at the desk? 10348 1 ACTING PRESIDENT MAZIARZ: Yes, 2 there is. 3 SENATOR WRIGHT: I would move we 4 accept the message. 5 ACTING PRESIDENT MAZIARZ: All 6 those in favor of accepting the message of 7 necessity. 8 (Response of "Aye.") 9 Opposed. 10 (There was no response.) 11 The message is accepted. 12 Secretary will read. 13 SENATOR PATERSON: Explanation. 14 ACTING PRESIDENT MAZIARZ: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 876, by Senator Levy, Senate Print 4986C, an act 18 to amend the Public Authorities Law, in relation 19 to the cost of station operation. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Wright. 22 SENATOR WRIGHT: Mr. President, 23 is there a message of necessity at the desk? 10349 1 ACTING PRESIDENT MAZIARZ: Yes, 2 there is a message of necessity. 3 SENATOR WRIGHT: I would move we 4 accept the message. 5 ACTING PRESIDENT MAZIARZ: All 6 those in favor of accepting the message of 7 necessity. 8 (Response of "Aye.") 9 Opposed. 10 (There was no response.) 11 The message is accepted. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 885, by Senator Goodman, Senate Print 3455A, an 10350 1 act to amend the Tax Law, in relation to 2 extending Section 1142-A of such law. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MAZIARZ: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 59. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 919, by Senator Stafford, Senate Print 2396A, an 15 act to amend the Tax Law, the Vehicle and 16 Traffic Law, and the State Finance Law, in 17 relation to the creation of the United States 18 Olympic Committee. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 10351 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 925. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is high. Lay it aside. 10 THE SECRETARY: Calendar Number 11 957. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is high. Lay it aside. 14 THE SECRETARY: Calendar Number 15 959. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is high. Lay it aside. 18 THE SECRETARY: Calendar Number 19 993, by Senator Leibell, Senate Print 5009. 20 ACTING PRESIDENT MAZIARZ: Lay 21 the bill aside. 22 THE SECRETARY: Calendar Number 23 1027, by Senator Sears, Senate Print 3331A, an 10352 1 act in relation to authorizing the town of Lee, 2 county of Oneida, to lease certain park lands. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Wright. 5 SENATOR WRIGHT: Mr. President, 6 is there a message of necessity at the desk? 7 ACTING PRESIDENT MAZIARZ: There 8 is a message of necessity at the desk. 9 SENATOR WRIGHT: I would move the 10 acceptance of the message. 11 ACTING PRESIDENT MAZIARZ: All 12 those in favor of accepting the message of 13 necessity. 14 (Response of "Aye.") 15 Opposed. 16 (There was no response.) 17 The message is accepted. 18 We also have a home rule message 19 at the desk for Calendar 1027. 20 Read the last section, please. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 10353 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1051, by Senator Goodman, Senate Print 917A, an 8 act to amend the Civil Rights Law, in relation 9 to prohibiting the use of nonconsensual use of a 10 person's voice. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first day of 15 November. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1141, by Senator Farley, Senate Print 5120A, an 10354 1 act to amend the Banking Law, in relation to 2 establishing limitations for the percentage of 3 savings bank's assets. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 59. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1151, by Senator Spano, Senate Print 1701A. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Wright. 18 SENATOR WRIGHT: Mr. President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT MAZIARZ: Yes, 21 there is a message of necessity at the desk. 22 SENATOR WRIGHT: I move we accept 23 the message. 10355 1 ACTING PRESIDENT MAZIARZ: All 2 those in favor of accepting the message. 3 (Response of "Aye.") 4 Opposed. 5 (There was no response.) 6 The message is accepted. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1173, by Senator Cook, Senate Print 5164A, an 18 act in relation to authorizing the town of 19 Greenville, Orange County, to sell and convey 20 certain park land. 21 ACTING PRESIDENT MAZIARZ: There 22 is a home rule message at the desk. 23 Read the last section. 10356 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 59. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1189, by Senator Solomon, Senate Print 2854A, an 11 act to amend the Civil Practice Law and Rules, 12 in relation to fees for referees. 13 ACTING PRESIDENT MAZIARZ: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 59. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 10357 1 1328, by Senator Sears, Senate Print 3839A, an 2 act to amend the General Business Law, in 3 relation to false price comparisons. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 59. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1329, by Senator Rath, Senate Print 3905A, an 16 act to amend the State Administrative Procedure 17 Act and Chapter 402 of the Laws of 1994. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 10358 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 59. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1334, by Senator Johnson. 7 SENATOR PATERSON: Lay it aside. 8 ACTING PRESIDENT MAZIARZ: Lay 9 the bill aside. 10 THE SECRETARY: Calendar Number 11 1337, by Senator Farley, Senate Print 4932A, an 12 act to amend the Executive Law, in relation to 13 the restoration and display of New York State's 14 military battle flags. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 59. 23 ACTING PRESIDENT MAZIARZ: The 10359 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1344, by Senator Maltese, Senate Print 5302, an 4 act to amend the General Procedure Law, in 5 relation to jury consideration of lesser 6 included offenses. 7 ACTING PRESIDENT MAZIARZ: Lay 8 the bill aside. 9 THE SECRETARY: Calendar Number 10 1345, by Senator Levy, Senate Print 5326, an act 11 to amend the Vehicle and Traffic Law, in 12 relation to authorizing the Department of Motor 13 Vehicles to sell to the highest bidder. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 59. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 10360 1 THE SECRETARY: Calendar Number 2 1346, by Senator Leibell, Senate Print 5329, an 3 act to amend the Private Housing Finance Law, in 4 relation to the state's involvement. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 59. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1347, by the Senate Committee on Rules, Senate 17 Print 5333, an act to amend the Tax Law, in 18 relation to extending the effectiveness of 19 provisions. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 10361 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1348, by Senator Marchi, Senate Print 5343, an 9 act to amend the Navigation Law, in relation to 10 pilotage fees. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1350, by Senator Johnson, Senate Print 5357. 23 SENATOR PATERSON: Lay it aside. 10362 1 ACTING PRESIDENT MAZIARZ: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1352, substituted earlier today, by the Assembly 5 Committee on Rules, Assembly Print 8042, an act 6 to amend the Social Services Law, in relation to 7 the pass-through of federal cost of living 8 adjustments. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect December 31. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1376, substituted earlier today, by the Assembly 21 Committee on Rules, Assembly Print 7667, an act 22 to amend Chapter 420 of the Laws of 1991, 23 amending the Real Property Law. 10363 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 59. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1377, by Senator Larkin, Senate Print 5361, an 13 act to amend the Real Property Tax Law, in 14 relation to making technical and clarifying 15 amendments thereto. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 59. 10364 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1378, by Senator Stafford, Senate Print 5365, an 5 act to amend the Public Health Law, in relation 6 to establishing the ovarian cancer information 7 program. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1379, substituted earlier today, by the Assembly 20 Committee on Rules, Assembly Print 8095, an act 21 to amend the Family Protection and Domestic 22 Violence Intervention Act of 1994, in relation 23 to changing the date of operation. 10365 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 59. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1380, by the Senate Committee on Rules, Senate 13 Print 5392, an act to amend Chapter 653 of the 14 Laws of 1984, amending the Social Services Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 59. 23 ACTING PRESIDENT MAZIARZ: The 10366 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1382, by Senator Sears, Senate Print 5413, an 4 act to amend Chapter 1 of the Laws of 1994, 5 amending the Personal Property Law. 6 SENATOR PATERSON: Lay it aside. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1383, by Senator Farley, Senate Print 5436, an 11 act to amend the Banking Law, in relation to 12 interstate branching. 13 Senator Wright. 14 SENATOR WRIGHT: Mr. President, 15 is there a message of necessity at the desk? 16 ACTING PRESIDENT MAZIARZ: There 17 is a message at the desk. 18 SENATOR WRIGHT: I move we accept 19 the message. 20 ACTING PRESIDENT MAZIARZ: All 21 those in favor of accepting the message of 22 necessity. 23 (Response of "Aye.") 10367 1 Opposed. 2 (There was no response.) 3 The message is accepted. 4 SENATOR PATERSON: Lay it aside. 5 ACTING PRESIDENT MAZIARZ: Lay 6 the bill aside. 7 THE SECRETARY: Calendar Number 8 1384, by Senator Galiber, Senate Print 4181, an 9 act to amend the Education Law, in relation to 10 providing grants to school districts. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1385, by Senator Abate, Senate Print 2548, an 23 act to amend the Alcoholic Beverage Control Law, 10368 1 in relation to requiring applicants for licenses 2 and renewals. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Paterson. 5 SENATOR PATERSON: That's all 6 right, Mr. President. Let it go. 7 ACTING PRESIDENT MAZIARZ: Are 8 you sure, Senator Paterson? 9 SENATOR PATERSON: Some other 10 time maybe. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Wright. 13 SENATOR WRIGHT: We will 14 acknowledge the Deputy Minority Leader's 15 request. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 59. 10369 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 Senator Wright, for what purpose 4 do you rise? 5 SENATOR WRIGHT: I believe that 6 completes the noncontroversial calendar. 7 If you would take up the 8 controversial calendar, Senator Spano is ready, 9 and we'll call 861. 10 ACTING PRESIDENT MAZIARZ: 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 861, by Senator Spano, Senate Print 3975D, an 14 act to amend the Public Authorities Law, in 15 relation to the cost of station operation. 16 SENATOR PATERSON: Explanation. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Spano, an explanation has been requested 19 from Senator Paterson. 20 SENATOR SPANO: Mr. President, 21 this bill would establish a formula for levying 22 station maintenance charges by suburban 23 counties. It would replace a system that we 10370 1 have right now of cost allocations and audits 2 that are involved in current statute, that 3 really would adopt some middle ground where the 4 suburban counties would pay a specified dollar 5 amount that would be subject to an adjustment 6 that is made annually to reflect the regional 7 consumer price index. 8 The difficulties the counties 9 right now have had is that the -- the parties 10 are subject to a formula for station maintenance 11 that determines the charges without regard to 12 the actual expenses. This puts some -- makes 13 some sense into the system -- puts some sense 14 into the system -- something like that. 15 ACTING PRESIDENT MAZIARZ: Thank 16 you, Senator Spano. 17 Senator Paterson. 18 SENATOR PATERSON: Mr. President, 19 all we're interested in, if Senator Spano would 20 yield for a question? 21 ACTING PRESIDENT MAZIARZ: 22 Senator Spano, would you yield for a question? 23 SENATOR PATERSON: What formulas 10371 1 affect New York City? Does New York City get 2 included in this formula, or how do we treat the 3 counties in New York City right now? 4 SENATOR SPANO: No, this bill 5 does not affect the city of New York at all. It 6 excludes the city of New York and the formulas 7 are put in place that affect only the suburban 8 counties. 9 SENATOR PATERSON: Thank you, Mr. 10 President. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 57, nays 2, 19 Senators Connor and Paterson recorded in the 20 negative. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 10372 1 993, by Senator Leibell, Senate Print 5009, an 2 act to amend the Administrative Code of the City 3 of New York, in relation to access to correct 4 housing maintenance code violation. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Wright. 7 SENATOR WRIGHT: Mr. President, 8 can we lay that aside temporarily and proceed? 9 ACTING PRESIDENT MAZIARZ: 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1334, by Senator Johnson, Senate Print 4815, an 13 act to amend the Insurance Law, in relation to 14 the definition of small groups. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Johnson, an explanation has been - 17 I'm sorry. Senator Wright. 18 SENATOR WRIGHT: Mr. President, 19 can we lay that aside temporarily, and we'll 20 proceed to Calendar Number 1344. 21 ACTING PRESIDENT MAZIARZ: 22 Proceed to Calendar 1344, please. 23 THE SECRETARY: Calendar Number 10373 1 1344, by Senator Maltese, Senate Print 5302, an 2 act to amend the Criminal Procedure Law, in 3 relation to jury consideration. 4 SENATOR PATERSON: Explanation. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Maltese, an explanation has been 7 requested by Senator Paterson. 8 SENATOR MALTESE: Yes. 9 Mr. President. This bill was 10 introduced at the request of the Chief 11 Administrative Judge upon recommendation of his 12 Advisory Committee on Criminal Law and 13 Procedure. It is carried in the Assembly by 14 Assemblyman Wright. 15 It amends the Criminal Procedure 16 Law to provide that whenever the Court submits 17 two or more offenses in the alternative to the 18 jury and the jury has deliberated for an 19 extensive period of time on the greater offense 20 and is unlikely to come to an agreement within a 21 reasonable amount of time, it may go on to 22 consider any lesser included offense. 23 The Court, in choosing to give 10374 1 that instruction, must instruct the jury that if 2 the defendant is convicted of a lesser included 3 offense, he or she may not be tried on the 4 greater offense. 5 Basically, it assists the people 6 in eliminating possibly mistrials, eliminating 7 the situations as occurred in the Robert 8 Chambers case, where the jury acting under 9 People versus Butker felt that they had to 10 arrive at a unanimous -- and the present law - 11 felt they had to arrive at a unanimous decision 12 on the greater count before proceeding to the 13 lesser count and deliberated for eight and a 14 half days and, if they had not arrived at a plea 15 bargaining, would undoubtedly -- the case would 16 undoubtedly have resulted in a mistrial. 17 The change which has been 18 suggested permits the jury, after consideration 19 of the greater charge and deliberation on the 20 greater charge and, in addition, a finding by - 21 concurred in by the Court, that a unanimous 22 decision on the greater charge cannot be arrived 23 at, permits the jury to go down to the lesser 10375 1 charge. 2 In addition, there are concurrent 3 portions of the statute which would entitle the 4 attorney for the defendant to except to the 5 judge charging that the jury may, upon not 6 arriving at a unanimous decision on the greater 7 charge, then proceed to the consideration of the 8 lesser charge. 9 ACTING PRESIDENT MAZIARZ: 10 Senator Paterson. 11 SENATOR PATERSON: Mr. President, 12 if Senator Maltese would yield for a question? 13 SENATOR MALTESE: Yes. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Maltese, would you yield for a 16 question? 17 SENATOR MALTESE: Yes. 18 SENATOR PATERSON: Senator 19 Maltese, in the jury system, what we want is for 20 the jurors to arrive at a conclusion in which 21 they all concur, and what frightens me about 22 this bill is that it opens the door to the 23 prospective of compromised verdicts. In other 10376 1 words, we can't convict him for the higher 2 offense, so what we'll do is we'll convict him 3 on the lower offense even though we really can't 4 settle our differences because maybe eight of us 5 think he is guilty and four of us don't think he 6 is guilty. 7 I think way back in the late '60s 8 or early '70s in the Chicago 7 case in Chicago, 9 that's how they actually settled that case. 10 There were a number of Law Review articles 11 written in law school journals after that about 12 this whole sense of one juror serving as liaison 13 between two camps and creating a compromise 14 verdict, even though three or four of the jurors 15 walked out of the room absolutely convinced that 16 these defendants in this particular case were 17 not guilty. 18 Now, the particular case does not 19 matter. The articles were talking about just 20 the regular jury system. How do you think this 21 bill can be enacted? How can we enact a law 22 without jeopardizing the system where there is 23 consent among jurors? 10377 1 SENATOR MALTESE: Mr. President, 2 as I had mentioned earlier, the legislation was 3 at the suggestion of the Chief Administrative 4 Judge and, while we have received no memos from 5 district attorneys' organizations, at the same 6 time we have not received memorandums from Legal 7 Aid or any defender associations in opposition. 8 In addition, the fact that it is 9 not only carried in the Assembly by Assemblyman 10 Wright but also, I am advised, concurred in by 11 other Assemblymen, who, I think, are justly 12 concerned with the rights of defendants, permits 13 me to arrive at the assumption that the rights 14 of the defendants in these cases are assuaged. 15 Now, the way that's done is that 16 this is not done in a vacuum. First of all, it 17 is done with the consent of the judge presiding 18 in the case. Secondly, it is only after a 19 determination concurred in by that judge that 20 the jury is unable to agree on a unanimous 21 verdict on the greater charge. 22 In addition, it must satisfy the 23 judge that a sufficient time has been spent on 10378 1 deliberations on that point and, again, it is 2 only when alternative charges are presented to 3 the jury that they can go from the greater 4 charge to the lesser charge. 5 In addition, I think it satisfies 6 defense counsel and defense organizations in 7 that it provides that when the -- unlike the 8 federal system, that when the jury arrives at 9 the verdict of guilty for the lesser charge, the 10 defendant cannot be tried under double jeopardy 11 for the greater charge in the future. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Paterson. 14 SENATOR PATERSON: Thank you, 15 that was quite instructive, Senator Maltese. 16 I raised with you a question 17 probably that would relate more to the concerns 18 of the defense, but there is perhaps even a 19 problem that prosecutors would have who are 20 often able to keep high conviction rates for 21 high offenses. 22 But, correct me if I'm wrong - 23 your previous answer may be providing me with 10379 1 the answer I need for this question, being that 2 this is really the point of last resort. This 3 is only when the jury now informs the Court that 4 they can not reach a decision, so it's not that 5 the jury goes into the jury room with this 6 option right in front of them? 7 SENATOR MALTESE: No - 8 ACTING PRESIDENT MAZIARZ: 9 Senator Maltese, do you yield? 10 SENATOR MALTESE: -- Senator 11 Paterson is correct. It is not ab initio, not 12 when they first go out. Even if they receive 13 the instruction from the judge, they must come 14 back to the Court and advise the Court that they 15 have deliberated, satisfy the Court that they 16 have deliberated for an extensive period of 17 time, and then that they can not arrive at a 18 unanimous verdict, before they go down to 19 consideration of the lesser charge. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Paterson. 22 SENATOR PATERSON: The defense 23 consent is something that's addressed in this 10380 1 bill. But, moving along, if Senator Maltese 2 will continue to yield? 3 ACTING PRESIDENT MAZIARZ: 4 Senator Maltese, do you continue to yield? 5 SENATOR MALTESE: Yes. 6 SENATOR PATERSON: Can this 7 conviction to the lesser charge be accomplished 8 over the objections of the district attorney in 9 the proceedings? 10 SENATOR MALTESE: Your Honor, I 11 believe by statute - 12 SENATOR PATERSON: That's "Mr. 13 President". 14 SENATOR MALTESE: The statute 15 that we're putting in, the fact that the 16 district attorney may object would not have a 17 bearing on this, and the jury would be able to 18 consider the lesser charge even over the 19 objection of the district attorney. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Paterson. 22 SENATOR PATERSON: Mr. President, 23 that kind of cuts both ways. 10381 1 On the bill. I think that this 2 legislation actually would affect both sides 3 equally; and seeing that there really doesn't 4 seem to be any major objection from anybody, 5 even though there are some concerns, I guess we 6 will proceed to the next piece of legislation. 7 Thank you. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 Senator Wright. 19 SENATOR WRIGHT: Mr. President, 20 if we could take up Calendar Number 1382. 21 ACTING PRESIDENT MAZIARZ: Clerk 22 will read. 23 THE SECRETARY: Calendar Number 10382 1 1382, by Senator Sears, Senate Print 5413, an 2 act to amend Chapter 1 of the Laws of 1994, 3 amending the Personal Property Law. 4 SENATOR PATERSON: Explanation. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Sears, an explanation has been requested 7 by Senator Paterson. 8 SENATOR SEARS: Yes, sir. 9 Senator, back in the waning hours of 1994, when 10 we were in session regarding this particular 11 banking bill that we had to pass, I think it was 12 in March -- I think it was retroactive to 13 sometime in January -- there was an auto leasing 14 bill which was long overdue that was included in 15 that legislation. 16 Now, as I said, this was passed 17 during the final hours prior to the time that 18 the laws pertaining to the interest rates on 19 banking were to sunset, so we had some real 20 important things that should have been in that 21 bill that were agreed by the Governor to be in 22 there, and these range from complaints from 23 consumers being charged for excess wear and tear 10383 1 and failure by the dealer to disclose the costs 2 associated with the lease, including the 3 capitalized cost, early termination and gap 4 insurance liability. 5 These are all things that we 6 should have in any auto leasing legislation in 7 this state. Unfortunately, we did not get those 8 in there. They are necessary. 9 So, for that reason, we want to 10 extend the date that this goes into effect by 11 seven months so that we can renegotiate these 12 very important things and get them into the 13 legislation early next year. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Paterson. 16 SENATOR PATERSON: Mr. President, 17 if Senator Sears will yield for a question? 18 ACTING PRESIDENT MAZIARZ: 19 Senator Sears, will you yield for a question? 20 SENATOR SEARS: Yes. 21 SENATOR PATERSON: Oh, thank you, 22 Senator Sears. You have two bills of this 23 sort. One is, I guess, the Assembly bill that 10384 1 you are carrying over here, and one is your own 2 bill. Do you have an objection to the Assembly 3 bill passing? Because it seems that the 4 Assembly's position is that they would just let 5 the seven months elapse and let the law go into 6 effect, and apparently the difference of opinion 7 is that there are some substantive and technical 8 changes that you would like to add. 9 Would you like to illuminate us 10 as to what, briefly, a couple of them are? 11 SENATOR SEARS: Are you talking 12 about capitalization costs? 13 SENATOR PATERSON: Right. 14 SENATOR SEARS: Well, 15 "capitalization costs," when you go in to buy a 16 car, you know how much you are paying for it 17 and, then, if you want to dicker with the 18 dealer, you can, but at least you got a starting 19 point. It's my understanding when you lease a 20 car, you go in and they don't have to tell you, 21 and they don't quite often tell you what the 22 capitalization costs are, but then when you come 23 back in and say you want to buy that car, where 10385 1 do you start as far as depreciation is 2 concerned, because you don't know what it was 3 worth when you first went in there and leased it 4 or bought it. 5 Another problem is what they hit 6 you with after you bring the car back in after 7 the lease is up. What's "excessive wear and 8 tear"? There has to be something in there for 9 that, because it's my understanding from certain 10 people who have complained to me about auto 11 leasing is they get hit with every scratch that 12 might have been on there before they even leased 13 the car. They didn't know it, and sometimes - 14 and, as a matter of fact, I think that Senator 15 Bruno might have had a problem with something 16 similar to that back a few years ago, as far as 17 when he took that lease car back, he got hit 18 with some pretty good bills for what they said 19 was wrong with that car that wasn't when he 20 leased it. 21 Then, of course, if you are 22 leasing a car and you run into some bad times 23 and perhaps you lose your job, for example, and 10386 1 you can't meet the terms of that contract that 2 you had for leasing, you might have to ask for 3 an early termination, and the way the law is 4 presently, I guess, or no law, that can be 5 pretty expensive because you are at the mercy of 6 who you leased the car from as to what those 7 termination costs are going to be. 8 So for these reasons, and since 9 this legislation has nothing to do with the bank 10 legislation that was included in the same bill, 11 we're asking for this seven-month delay so that 12 these negotiations can continue so that we can 13 have a bill that is going to be way overdue but 14 at the same time if you don't have some of these 15 things in that bill and this goes into effect, 16 this certainly doesn't give the consumers much 17 protection under the present system we have, 18 which really isn't any because we never had any 19 meaningful auto leasing legislation in this 20 state and, in my opinion, if we don't extend 21 this to January, seven months, we still won't 22 have any meaningful legislation. 23 ACTING PRESIDENT MAZIARZ: Thank 10387 1 you, Senator. 2 Senator Paterson. 3 SENATOR PATERSON: Mr. President, 4 we're going to really just have a problem 5 because Senator Sears and the Assembly just 6 haven't been able to agree. The Assembly wants 7 Senator Sears to pass his legislation and, 8 otherwise, we would have to wait until January 9 the 31st, but what Senator Sears is saying is 10 that he has some technical corrections where he 11 can clear up some discrepancies in the bill, and 12 that's what he wants to do. 13 Now, the issue really is just 14 that they can not agree and, unfortunately, 15 since they can't agree, I guess we'll pass this 16 bill, but it's not going anywhere. 17 But on both sides, there is some 18 merit that is very clear from the explanation 19 that we just heard, and I hope that at some 20 point in the very near future we can find that 21 agreement. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 10388 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 59. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 Senator Wright. 10 SENATOR WRIGHT: Mr. President, 11 will you please recognize Senator Saland to 12 record a vote. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Saland. 15 SENATOR SALAND: Mr. President, I 16 request unanimous consent to be recorded in the 17 negative on Calendar 751, Senate 1243B. 18 ACTING PRESIDENT MAZIARZ: 19 Without objection, so ordered. 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: I request 22 unanimous consent to be recorded in the negative 23 on Calendar 583 and also on Calendar 751. 10389 1 ACTING PRESIDENT MAZIARZ: 2 Without objection, so ordered. 3 Senator Wright. 4 SENATOR WRIGHT: Mr. President, 5 could we lay 1383 aside temporarily. 6 ACTING PRESIDENT MAZIARZ: 1383 7 is laid aside. 8 Senator Wright. 9 SENATOR WRIGHT: Do you have any 10 housekeeping at the desk? 11 ACTING PRESIDENT MAZIARZ: No, we 12 have no housekeeping, Senator. 13 SENATOR WRIGHT: Then we shall 14 pause for a moment. 15 ACTING PRESIDENT MAZIARZ: Senate 16 will stand at ease. 17 (Whereupon, at 3:37 p.m., the 18 Senate was at ease until 3:40 p.m.) 19 ACTING PRESIDENT MAZIARZ: 20 Senator Sears. 21 SENATOR SEARS: Yes, mr. 22 President. On the first calendar we had, 23 Calendar - 10390 1 ACTING PRESIDENT MAZIARZ: Can we 2 have some order in the chamber, please? 3 Senator Sears, hold it. 4 Can we have some order? 5 Senator Sears. 6 SENATOR SEARS: -- Calendar 7 Number 1354, Senate 5321, I would like to be 8 recorded in the negative. 9 ACTING PRESIDENT MAZIARZ: 10 Without objection, so ordered. 11 Senator Wright. 12 SENATOR WRIGHT: Mr. President, 13 if we can return to the first active list, 14 Calendar Number 1319. 15 ACTING PRESIDENT MAZIARZ: 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1319, by Senator Stachowski, Senate Print 5352, 19 an act to authorize the city of Buffalo, Erie 20 County, to lease certain parklands. 21 ACTING PRESIDENT MAZIARZ: There 22 is a home rule message at the desk. 23 SENATOR WRIGHT: Last section. 10391 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section, please. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 59. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 Senator Wright. 12 SENATOR WRIGHT: Mr. President, 13 if we could now return to the supplemental 14 active list and take up Calendar Number 1334. 15 ACTING PRESIDENT MAZIARZ: 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1334, by Senator Johnson, Senate Print 4815, an 19 act to amend the Insurance Law, in relation to 20 the definition of small groups. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Johnson, an explanation has been 23 requested by Senator Stachowski. 10392 1 SENATOR JOHNSON: Mr. President, 2 this is a simple bill. This would conform New 3 York State law to a federal law in a certain 4 instance here. 5 Mr. President, lay that bill 6 aside, please. I had a different bill in mind. 7 Lay it aside temporarily. 8 ACTING PRESIDENT MAZIARZ: Lay it 9 aside temporarily. 10 Senator Wright. 11 SENATOR WRIGHT: Mr. President, 12 can we then move to -- and we're on the 13 supplemental active list -- Calendar Number 14 1350. 15 ACTING PRESIDENT MAZIARZ: 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1350, by Senator Johnson, Senate Print 5357, an 19 act to amend the Environmental Conservation Law, 20 in relation to the definition of facility for 21 the purposes of control of the bulk storage of 22 petroleum. 23 SENATOR GOLD: Explanation. 10393 1 ACTING PRESIDENT MAZIARZ: 2 Senator Johnson, an explanation has been 3 requested by Senator Gold and Senator Paterson. 4 SENATOR JOHNSON: Well, I guess I 5 have to give two explanations then. I will 6 start with the first one. 7 Mr. President, in the 8 Environmental Conservation Law, there's 9 regulation of underground tanks. This provides 10 that any tanks separately or in combination over 11 1,100 gallons are a facility and should be 12 regulated as such. They have to have a license 13 to pay a fee up to $250, depending upon the 14 size. 15 The federal law does not read the 16 same. In fact, we're amending our law to be the 17 same as the federal law, which says if the 1100 18 gallons is interconnected, over 1100 gallons, 19 then it's a facility, but if there are separate 20 tanks on the property adding up to more than 21 that, it would not be considered a facility. 22 This is just a common sense 23 thing, and the explanation we have here, which 10394 1 we think is a legitimate one, is a church with a 2 rectory or several commercial buildings on the 3 same property with 500-gallon tanks or something 4 adding up to more than 1100 gallons, even though 5 they're separate tanks in separate buildings, 6 would make the whole site considered a facility 7 and pay this fee and this fine. 8 The idea of this was to have - 9 where you could have the possibility of a major 10 spill from a facility, all interconnected tanks, 11 that you want to protect the groundwater, but it 12 was never anticipated to cover 275- or 13 500-gallon tanks or even 1,000-gallon tanks 14 which are separate and would be separately 15 filled and if they developed a leak, they would 16 be separate leaks. They would not be 17 interconnected, would not cause a major spill. 18 This bill essentially says that 19 if you have over 1100 gallons, yes, you are 20 still a facility in one tank, but if you have 21 over 1100 in several tanks, you are not a 22 facility. 23 And this would help, as I say, a 10395 1 church rectory, several small tanks on the same 2 property. You would not have to file with the 3 DEC and become an oil facility. 4 Simple bill, makes sense, should 5 be enacted. 6 SENATOR OPPENHEIMER: Mr. 7 President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: Would 11 Senator Johnson yield for a question or two? 12 ACTING PRESIDENT MAZIARZ: 13 Senator Johnson, would you yield for a 14 question? 15 SENATOR JOHNSON: Yes, Mr. 16 President. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Oppenheimer. 19 SENATOR OPPENHEIMER: How many 20 existing tanks do you think would be exempted 21 from regulation by this bill, the number? How 22 many tanks? 23 SENATOR JOHNSON: I couldn't tell 10396 1 you. I know it would exempt the one in your 2 house if you have a 1,000-gallon tank in your 3 house or a 275 on your property. It would 4 exempt you. It would exempt a lot of farms that 5 might have 500 gallons of diesel fuel, 500 6 gallons of gasoline, maybe 275 in the house for 7 heating the house. Right now, they have to file 8 as a facility, as an oil terminal essentially, 9 because they have three separate tanks on the 10 same property. Doesn't make any sense, Senator, 11 to do that, and that's all excluded. 12 If you have a tank farm all 13 connected, obviously, they have to be filed as a 14 facility. 15 SENATOR OPPENHEIMER: That was a 16 question that I had, that conceivably it could 17 be an oil tank farm, that if each tank is 18 separate and less than 1100 gallons, you 19 could - 20 SENATOR JOHNSON: Senator, the 21 tank farms and the service stations don't fool 22 with tanks less than 5,000 or 10,000 gallons. 23 Those would all be required -- any single tank 10397 1 over 1100 gallons would still be required to go 2 on the facility designation. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Oppenheimer. 5 SENATOR OPPENHEIMER: Would you 6 continue to yield, please? 7 ACTING PRESIDENT MAZIARZ: 8 Senator Johnson, would you continue to yield? 9 SENATOR JOHNSON: Yes. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Oppenheimer. 12 SENATOR OPPENHEIMER: There is no 13 limit on the size of the site or the number of 14 separate tanks on one site. Now, this could 15 conceivably result in a farm, an oil tank farm. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Johnson. 18 SENATOR JOHNSON: Well, I mean 19 the simple fact is it's not economical to do 20 that. No one would set up a tank farm with 21 multiple 1,000-gallon tanks all separate, 22 separate tanks, separate pumps, separate hoses. 23 It doesn't make sense. It simply would not 10398 1 happen. 2 But I'll tell you right now, 3 Senator, you could have -- on an acre of land, 4 you could have 8 or 10 homes, each with a 275 or 5 a 550. You got 5,000 gallons on an acre right 6 now, and they are not regulated. But if the 7 same person owned two of these plots, each with 8 a 550, then they would have to file it as a 9 facility while the other eight homes, owned by 10 individuals, don't not have to file as a 11 facility. That doesn't make any sense, Senator. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Oppenheimer. 14 SENATOR OPPENHEIMER: One last 15 question. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Johnson, do you continue to yield? 18 SENATOR JOHNSON: Yes, Mr. 19 President. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Oppenheimer. 22 SENATOR OPPENHEIMER: Does the 23 Petroleum Association support this bill, and 10399 1 will this bill enhance the marketability of oil 2 at the expense, do you think, of natural gas, 3 because they are not subject to this kind of 4 law? 5 SENATOR JOHNSON: Senator, I 6 don't think this bill has any great influence on 7 the marketplace at all, because people are still 8 responsible if they have an oil leak. The 9 designation of "facility" has no connection to 10 your possible liability for oil leaking from 11 your premises, or gasoline for that matter. You 12 are still responsible. It is not a marketing 13 situation at all. 14 It's just rationalizing, and 15 removing the necessity of a person with several 16 small tanks adding up to 1100 gallons to file as 17 a facility with the DEC. As a matter of fact, 18 they are not doing it now and probably violating 19 the law, but it's not causing any particular 20 problem. 21 As I said, Senator, this just 22 conforms to the same designation as the federal 23 government in terms of a facility. We think the 10400 1 definition should be the same. We don't think 2 we should be different because we're New York 3 State. 4 SENATOR OPPENHEIMER: Thank you, 5 Senator. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 30th day. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 Senator Wright. 17 SENATOR WRIGHT: Mr. President, 18 we'll now move to the Supplemental Calendar 19 Number 1, Calendar Number 1409, by Senator 20 Velella. 21 ACTING PRESIDENT MAZIARZ: 22 Secretary will read. 23 THE SECRETARY: Calendar Number 10401 1 1409, by Senator Velella, Senate Print 5395A, an 2 act to amend the Public Health Law, in relation 3 to the testing of pregnant women. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Wright. 6 SENATOR WRIGHT: Is there a 7 message of necessity at the desk? 8 ACTING PRESIDENT MAZIARZ: There 9 is a message of necessity at the desk. 10 SENATOR WRIGHT: I move we accept 11 the message. 12 ACTING PRESIDENT MAZIARZ: All 13 those in favor of accepting the message. 14 (Response of "Aye.") 15 Opposed. 16 (There was no response.) 17 The message is accepted. 18 An explanation has been requested 19 by Senator - 20 SENATOR GOLD: No, I just want to 21 be recognized. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Gold. 10402 1 SENATOR GOLD: Thank you. 2 ACTING PRESIDENT MAZIARZ: For 3 what purpose? 4 SENATOR GOLD: To speak on the 5 bill, Mr. President. 6 Mr. President, my understanding 7 of this is that this bill deals in an area where 8 we have already this year passed legislation and 9 sent it on to the Assembly. If I'm not 10 mistaken, the bill that we passed on was Senate 11 Print 2704, which is a bill that had rather 12 broad sponsorship on a bipartisan basis, and 13 when you are dealing with an issue like this, 14 you like to think that the public interest is 15 very much involved and that politics should be 16 taken out of it. 17 At any rate, apparently the 18 Assembly has not acted yet on 2704 -- I don't 19 believe they have -- and now, today, we are 20 given a new bill, 1409, by Senators Velella and 21 Hannon, and the words I hear around in the hall 22 are that Senator Velella and Assemblywoman 23 Mayersohn may have reached some private new 10403 1 agreement based on this bill. 2 When I look at the original bill, 3 I see an awful lot of Assembly people, an awful 4 lot of Senators involved in this issue. It's an 5 issue that's been around a couple years. We've 6 all worked very, very hard and, in speaking to 7 some of my colleagues, I got the impression that 8 passing this only muddies the water, and we 9 don't understand it. 10 The Assembly has gone home until 11 Monday, and I get the impression that almost 12 everybody on this side of the aisle would have 13 to vote in the negative on this bill at this 14 point, because we are very concerned about the 15 issue and we don't want to muddy the water. We 16 don't want this politicized. We don't want this 17 thrown around and new bills coming out whenever 18 anybody gets the whim or the wish. 19 Nobody owns this issue. There 20 are very significant problems. There are 21 children; there are parents all affected. 22 Nobody owns them or the issue, and we're all 23 fighting for them. 10404 1 I tried to find Senator Velella 2 for the last hour, and I know he is one of our 3 hardest working Senators, and I wasn't able to 4 hook up with him, but I wanted to tell him the 5 feelings before the bill was called, although I 6 did tell Assemblywoman Mayersohn that the 7 likelihood is that there very well might not be 8 any votes on this side of the aisle. I can't, 9 from my position, speak for everybody on this 10 side of the aisle, but that's kind of the 11 impression I get. 12 So, Senator Velella, if you have 13 the votes and you want to proceed, I guess you 14 can, but that's about it for me on this bill. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Paterson. 17 SENATOR PATERSON: Mr. President, 18 I think in light of what Senator Gold is saying, 19 I might be willing to waive some of the ques 20 tions I wanted to ask Senator Velella. I 21 appreciate what Senator Gold is saying. I was 22 well aware that there was bipartisan support for 23 this bill. There was certainly a great deal of 10405 1 effort to pass this bill both in the Assembly 2 and in the Senate. 3 I'd just like the record to 4 reflect that nine of us voted against this 5 bill. We really believed that it was not an 6 effective bill as it stood when we voted on it 7 originally in March, and it is really no better 8 now as it comes into this chamber today, 9 particularly since the sero prevalence exams 10 have pretty much been thwarted by the Centers 11 for Disease Control because they object, for 12 medical reasons, exactly to what is going on 13 around here, which is the passage of this 14 legislation leading to a presumption, obviously 15 among an overwhelming majority of individuals, 16 even including my friend Senator Gold, that 17 there is some effectiveness of knowing this 18 information, and I will not take up any more 19 time going through the issue. 20 But there were some questions 21 that I would have raised relating to the testing 22 of pregnant women, relating to actually getting 23 rid of the test in those cases, rendering these 10406 1 women among the same status as the deceased for 2 testing purposes, the fact that we will be 3 testing newborns automatically, so we would be 4 retesting the newborns even where we have tested 5 the pregnant mothers and -- okay. 6 And so, I won't go through all of 7 the issues, but I would just want the record to 8 reflect that there are issues. I would say that 9 there is really a higher principle in this 10 particular discussion, which is that when 11 members feel that a bill is the right bill - 12 Senator Mendez is certainly one of those 13 Senators who believes very much in the bill. 14 She disagrees with me virulently. She should be 15 on the bill. All those individuals who believe 16 in this bill should be on the bill. This is not 17 the way at this particular time. 18 Maybe we'll discuss the merits, 19 but there's really a higher cause, and that is, 20 that the bill is not being fair to all of those 21 who support it. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Velella. 10407 1 SENATOR VELELLA: Senator, let me 2 first respond to the question of the sponsorship 3 of this bill, and let me first publicly 4 acknowledge that many members on your side of 5 the aisle have been very supportive and very 6 much involved in getting this issue to the point 7 where it is today. 8 Assemblywoman Mayersohn, who has 9 really been the main moving factor more than 10 myself in this bill, was negotiating a bill with 11 my staff, the Health Committee staff, the 12 Majority Leader's office, the Governor's office, 13 in an effort to respond to public comments that 14 were made about the initial bill by the Speaker 15 of the Assembly. 16 The Speaker of the Assembly had 17 indicated that he had some reluctance to pass 18 the original bill because it did not deal with 19 the issue of prenatal counseling and possible 20 testing. He thought that we ought to deal with 21 the bill on the basis of the front end of the 22 pregnancy and also, then, address the part after 23 the child is born. 10408 1 As you know, our original bill 2 just dealt with the part after the baby was 3 born. We had discussed this with several people 4 over in the Assembly. They feel this may give 5 the Speaker the opportunity to work with this 6 bill and to accept some kind of a compromise 7 which is provided for in this bill, where we 8 have prenatal counseling, we have prenatal 9 testing, and we have the parts and elements of 10 the original bill. 11 Now, this bill and the language 12 was only ironed out last night at midnight. 13 While the bill is now open for co-sponsorship by 14 anybody, as I told you when you first approached 15 me outside about an hour and a half or two hours 16 ago, I would be happy to have you on. 17 Certainly, your name would add prestige to the 18 bill, and it would also reflect your support of 19 this cause, or any other member in the house. 20 It wasn't a partisan thing. 21 The fact of the matter is there 22 are a lot of Republicans who are not listed as 23 co-sponsors. I would not take the liberty at 10409 1 midnight to add names to a bill of this nature 2 without letting people have the opportunity to 3 read it and see it. I thought they would have 4 the opportunity to read it and see it this 5 morning and today, and they could buck-slip it, 6 and they have my open authorization. 7 I was asked about a half an hour 8 ago by the counsel to the Majority Leader if I 9 had any objection to opening the bill to the 10 Minority. I said, no, I did not. The bill was 11 open to the Minority. It is open to the 12 Minority. It is not a partisan issue. There 13 are Republican members on this side of the aisle 14 that are not on this bill that will be buck 15 slipping onto it. I think this is such a 16 worthwhile cause that there is enough credit to 17 go around to everybody in this house who wants 18 to support this measure. 19 Let me say that the changes in 20 this bill addressing the merits of the bill, I 21 think, go a long way to trying to compromise as 22 to what the Speaker had indicated he was inter 23 ested in. A lot of the counseling provisions 10410 1 are part of the bill that Senator Tully passed 2 in this house last year, which Assemblyman 3 Gottfried also had part in. 4 So I think this is a good basis. 5 Hopefully, the Speaker will see fit to pass this 6 bill. He may see fit to make some changes that 7 we can agree to, and we may see this issue 8 brought back for a third time when we return to 9 the Senate. 10 But, certainly, I think this is a 11 very positive step. It goes a lot further than 12 my original bill in dealing with the issues of 13 counseling women, providing them with the 14 opportunities to have the information available 15 for them, and also the opportunity to deny the 16 right to be tested prenatally. So while there 17 may have been a rush to print this and get it 18 done by today, I want to clearly state that 19 there was no offense intended to anyone that was 20 omitted from the bill, whether they be 21 Republican or Democrat. It's just that at 22 midnight, you can not put people's names on it. 23 It certainly is open to be buck-slipped in, and 10411 1 anybody can have the pleasure of putting their 2 name on the bill, as I had said an hour ago. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Stavisky. 5 SENATOR STAVISKY: Sometimes in 6 the closing days or hours of a session, nerves 7 are frayed, people are tired, mistakes are made, 8 and there probably is enough blame to go around 9 as to why mistakes were made in the handling of 10 this issue. Nevertheless, I don't believe that 11 we should allow errors in judgment with regard 12 to how legislation comes before us and whose 13 name is on and whose name is off to be the sole 14 consideration if the cause itself is just, and I 15 believe that the cause is as just now as it was 16 when we originally tackled this issue. 17 Not everyone will agree with 18 that, and I respect your individual positions, 19 but I hope that in the effort to prevent 20 children from being tested without their 21 parents' knowledge of what the test results 22 were, and in our equally important desire to 23 have prenatal counseling, which I support - 10412 1 and, in fact, last year, without Senator 2 Velella's approval, I took a bill that had 3 passed in the Assembly under Speaker Silver's 4 name and I added a hostile amendment, or was 5 prepared to add a hostile amendment in this 6 chamber incorporating Assemblywoman Mayersohn's 7 concept, which would have been a compromise 8 bringing together the disclosure of the results 9 of the testing to the mother in order to protect 10 the baby and at the same time providing for 11 counseling and other precautionary prenatal 12 actions. 13 I don't like the way the bill 14 came, in this rushed manner, today. I don't 15 like the fact that people who were sponsoring 16 either or both of these measures when they were 17 separate have had their names removed because, 18 allegedly, there wasn't enough time to consult 19 them. If we want to make enough time, we know 20 how to do it. We know how to do a lot of things 21 when the cause is just or even when it's not so 22 just, and we want to get a bill passed. 23 So I'm saying, I hear what 10413 1 everyone has said. I respect Senator Gold's 2 position. I respect the explanation of Senator 3 Velella, and I'm going to ask Senator Velella to 4 yield to a question. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Velella, will you yield? 7 SENATOR VELELLA: Yes. 8 SENATOR STACHOWSKI: Senator 9 Velella, on the record, when a bill that is 10 acceptable to the Assembly and is acceptable to 11 the leadership of this house comes before us 12 later in the session, do I have your assurance 13 that the names of people who wish to co-sponsor 14 that bill, presumably a done deal, a state 15 statute, that all these names will be on the 16 final bill? 17 SENATOR VELELLA: Certainly, 18 Senator. Because as I said in the beginning, 19 the Governor is very committed to this. Certain 20 members on this side and members on your side of 21 the aisle are committed to it. I don't believe 22 this is an issue that sees partisan lines, and I 23 will be happy to have my Democrat colleagues on 10414 1 any bill and will commit to you that they will 2 have the opportunity to be on any bill. 3 ACTING PRESIDENT MAZIARZ: 4 Senator Stavisky. 5 SENATOR STAVISKY: With that 6 explanation, I will ask that my name be added 7 with a buck slip to this bill, and I will ask 8 Senator Velella to keep that commitment to the 9 members of this chamber who desire to be on a 10 final version of a bill dealing with prenatal 11 care as well as disclosure of HIV testing to the 12 parents of the children. 13 I don't believe the issue needs a 14 lengthy debate. We've had one in this chamber. 15 The feelings are very strong on both sides, and 16 I ask that the members rationally, without 17 feeling that they've been had or they've been 18 taken for granted, that you agree to disagree as 19 individuals. Do not be put into a lockstep 20 because of a feeling that you have been ignored 21 or bypassed or overlooked. When a mistake is 22 made, it should be acknowledged. Once it's 23 acknowledged - 10415 1 Is it my understanding that this 2 bill will be laid aside? 3 SENATOR VELELLA: At the request 4 of the Minority Leader, to give the minority 5 members an opportunity to put their slips in to 6 the desk before the bill is passed, I would ask 7 that the bill be laid aside for a few minutes, 8 and they can get their buck slips in and then 9 we'll continue on with the debate. That's at 10 the request of the Minority Leader. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is temporarily laid aside. We will, 13 however, maintain the list. 14 SENATOR STAVISKY: Are the buck 15 slips at the desk now so we don't have to go 16 back to our office? 17 Thank you. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Velella. 20 SENATOR VELELLA: Any Republican 21 members can submit their slips now or later on, 22 as the case may be. 23 (There was a pause in the 10416 1 proceedings.) 2 ACTING PRESIDENT MAZIARZ: 3 Senator Velella. 4 SENATOR VELELLA: The sponsorship 5 of the bill will remain open if any Republican 6 members or Democratic members wish to put their 7 names on the bill, even after this little 8 interlude, so that members can file their buck 9 slips. 10 ACTING PRESIDENT MAZIARZ: The 11 bill is temporarily laid aside to permit members 12 to sign on if they wish, and the slips are right 13 down here at the desk. 14 Senator Wright. 15 SENATOR WRIGHT: Thank you, Mr. 16 President. We will now return to the original 17 active list, Calendar Number 1375. 18 ACTING PRESIDENT MAZIARZ: 19 Secretary will read. 20 THE SECRETARY: 1375, by Senator 21 Nozzolio, Senate Print 5328A, an act to amend 22 the Tax Law, in relation to extending the period 23 for an additional one percent, Monroe County 10417 1 sales tax rate. 2 ACTING PRESIDENT MAZIARZ: 3 Senator Wright. 4 SENATOR WRIGHT: Mr. President, 5 is there a message of necessity at the desk? 6 ACTING PRESIDENT MAZIARZ: Yes, 7 there is a message of necessity at the desk. 8 SENATOR WRIGHT: I move we accept 9 the message. 10 ACTING PRESIDENT MAZIARZ: All 11 those in favor of accepting the message of 12 necessity, say aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 The message of necessity is 17 accepted. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 8. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 10418 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes - 3 ACTING PRESIDENT MAZIARZ: 4 Senator Dollinger is recognized. 5 Senator Dollinger. 6 SENATOR DOLLINGER: Just to 7 explain my vote, Mr. President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Dollinger, to explain his vote. 10 SENATOR DOLLINGER: Mr. 11 President, this bill extends the sales tax in 12 Monroe County and represents a compromise and a 13 worked-out settlement between the county 14 executive, the mayor, school districts, towns - 15 ACTING PRESIDENT MAZIARZ: Excuse 16 me, Senator Dollinger. 17 Can we have some order in the 18 house so that Senator Dollinger can be heard, 19 please. 20 Senator Dollinger. 21 SENATOR DOLLINGER: Thank you, 22 Mr. President. 23 It represents a compromise 10419 1 between the county, the city, the towns, the 2 suburban school districts. There was a great 3 deal of input during the process to come to this 4 conclusion. I think, Mr. President, that 5 sometimes when a compromise is reached, not 6 everybody is ecstatic, not everyone is over 7 whelmed but, as one person once described it, 8 they reach a mutual level of dissatisfaction, 9 and I think that's what we have here. 10 We have an agreement that may not 11 be everything that the city wanted, everything 12 that the county wanted, but, nonetheless, 13 reflects a reasonable compromise. The mayor 14 supports it, the county executive supports it, 15 the school districts support it, the towns 16 support it, and I stand here today to support it 17 as well. 18 I commend my colleague from 19 Monroe County, from the Webster portion of 20 Monroe County, and the rest of Western New York, 21 for his leadership in bringing the bill to the 22 floor, and I hope we can pass this and, 23 hopefully, use this bill as a jumping off point 10420 1 for an extended discussion about the use of 2 sales tax versus property taxes in the Monroe 3 County community in the future. 4 Thank you, Mr. President. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Nozzolio. 7 SENATOR NOZZOLIO: Mr. President, 8 I ask permission to explain my vote. 9 Mr. President, my colleagues: I 10 echo those sentiments. By passing this 11 legislation to extend the Monroe County sales 12 tax, our Senate has honored the commitment to 13 Monroe County and the city of Rochester and the 14 many towns and school districts within Monroe 15 County. 16 The legislation was crafted with 17 a cooperative spirit advanced in the Senate in a 18 bipartisan manner, and I compliment each of the 19 Monroe County delegation members on both sides 20 of the aisle for their attention and spirit of 21 cooperation throughout the deliberations. As 22 one who is entrusted with that responsibility of 23 representing Monroe County, it's been a great 10421 1 honor to work with my colleagues in the Senate, 2 as well as Assemblyman Gantt, in adopting this 3 legislation. 4 County Executive Jack Doyle and 5 Rochester Mayor Johnson deserve special 6 commendation for their hard work on this issue 7 and for promoting a spirit that can only lead to 8 further enhancements for the people of Monroe 9 County by our state legislative delegation. 10 I rise in support and urge my 11 colleagues to do the same, Mr. President. 12 ACTING PRESIDENT MAZIARZ: Thank 13 you, Senator Nozzolio. 14 Read the last section. 15 THE SECRETARY: Section 8. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 59. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 Senator Wright. 10422 1 SENATOR WRIGHT: Mr. President, 2 at this time, is there any housekeeping at the 3 desk? 4 ACTING PRESIDENT MAZIARZ: No, at 5 this time there is no housekeeping at the desk, 6 Senator Wright. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Paterson. 9 SENATOR PATERSON: Mr. President, 10 would you be kind enough to recognize Senator 11 Nanula. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Nanula. 14 SENATOR NANULA: Mr. President, 15 if I had been in the chamber last evening, for 16 the record, I would like it to show that I would 17 have voted in the negative on Calendars 937 and 18 1327. 19 ACTING PRESIDENT MAZIARZ: The 20 record will so reflect. 21 SENATOR NANULA: Thank you. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Wright. 10423 1 SENATOR WRIGHT: Mr. President, 2 we're going to return now to Calendar Number 3 1409. 4 ACTING PRESIDENT MAZIARZ: 5 Calendar Number 1409. The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1409, by Senator Velella, Senate Print 5395-A, 8 an act to amend the Public Health Law, in 9 relation to the testing of pregnant women for 10 the human immunodeficiency virus. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Paterson. 14 SENATOR PATERSON: Yes. I was 15 asking for an explanation, Mr. President. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Velella, an explanation has been asked 18 for. 19 SENATOR VELELLA: Senator 20 Paterson, as I mentioned before, this bill is 21 the result of a lot of work, most particularly 22 by Assemblywoman Mayersohn, a lot of members 23 from our side of the aisle, a lot of members 10424 1 from your side of the aisle and definitely a 2 commitment from the new executive of this state 3 to seriously address the problem of baby AIDS or 4 children being born with the AIDS virus or 5 antibody. 6 As you know, my prior bill dealt 7 only with the post-birth problem of identifying 8 or letting parents know that their child had 9 been born with the presence of the HIV antibody 10 and providing for the unblinding of the test. 11 This is a commitment by the 12 Governor, both financially and his own personal 13 belief. When he was a member of this house, he 14 supported the bill and he supported Senator 15 Tully's bill on counseling that we have to 16 address this problem, not only after the child 17 is born and identify those children who have the 18 virus or have the potential for the virus or 19 have the antibody, but we also must do the best 20 that we can do in view of new technology, new 21 testing that's available to make it make women 22 aware, one, of the problem and the availability 23 of testing, and this bill provides for when a 10425 1 woman first goes to a doctor and it's determined 2 that she is pregnant, that the doctor advises 3 her about the wisdom of being tested for HIV and 4 give her the opportunity to reject if she so 5 chooses that test but to counsel her and to 6 discuss with her the need for being tested so 7 that if, in fact, she does have that dreaded 8 disease, it will not be transmitted or some 9 prevention can be used by treatment with AZT 10 which seems to be something that is progressing, 11 and hopefully as we go on each month, we will 12 find newer and newer things to deal with this 13 problem, but certainly there has been some 14 success in treating women during the course of 15 their pregnancy to prevent transmission of the 16 disease to their child. In addition, once the 17 child is born and should the test -- the child 18 test positive, again, there is a provision for 19 test -- for counseling for referral services. 20 This is very expensive, as you 21 know. It's several millions of dollars. The 22 Governor of this state has committed the money 23 for the counseling part, for the testing part 10426 1 for this program. It is a giant step forward 2 from where we were when we were talking about 3 the other bills that have been passed by this 4 house. 5 People will have the opportunity 6 to be counseled, to get the proper referrals and 7 to get the proper treatment. I think this is a 8 giant step forward for all of us and it is a 9 major commitment by the Governor of this state 10 to basically put his money where his mouth is, 11 that he is concerned about this problem. He is 12 willing to commit the dollars to it and make the 13 commitment for the future to see that these 14 children do not contact this dreaded disease if, 15 in fact, it is at all preventable and if, in 16 fact, they do have it to make their days here as 17 safe, enjoyable and pleasant as possible and 18 probably save a few lives along the way. 19 So I think that that basically 20 sums up where we are on this bill and I will be 21 happy to answer any questions that you have. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Hoffmann. 10427 1 SENATOR HOFFMANN: Thank you, Mr. 2 President. 3 This bill marks an important 4 turning point in New York State because we are 5 beginning to come out of the dark ages where we 6 have, unfortunately, treated the entire HIV 7 issue from a political perspective much too 8 often, instead of regarding the problems of HIV 9 as a communicable disease issue, and if we can 10 shift the focus through this bill and other 11 bills so that the affected populations can get 12 the earliest medical intervention possible, we 13 will have saved lives and we will have done 14 something truly significant. 15 I have been a sponsor of the 16 earlier measure. I have now buck-slipped my 17 name to retain my sponsorship on this new 18 compromised bill, and I will continue to speak 19 out openly and vigorously on the need for 20 greater testing, in a few cases mandatory 21 testing of other populations, including the 22 inmate population in the state of New York which 23 I have sponsored a bill a number of years that 10428 1 would address that issue and I look forward to 2 the day when it too can become a matter of law. 3 I am somewhat troubled, however, 4 and want to just pause for a moment because we 5 are going into the final days of session in this 6 house, in this Legislature, at the beginning of 7 a new term for the Governor of this state who is 8 operating under many, many constraints, coming 9 into office and discovering an enormous deficit 10 dealing with new leadership in one house on both 11 sides of the aisle, not to mention the get 12 acquainted problems of bringing together an 13 enormous staff and getting to know the landscape 14 of the state. It must be a very, very onerous 15 and burdensome responsibility. 16 Throughout this time, Governor 17 Pataki has been a -- a warm-hearted individual, 18 I think on many fronts. He has been well 19 received in my part of the state. Although we 20 are from different political parties, I continue 21 to have much respect for him and agree with him 22 philosophically on many things. 23 But one thing that he campaigned 10429 1 on which I hope he will not abandon was a desire 2 to change the secrecy in Albany as it affects 3 important decision-making, and this particular 4 bill and the last few hours of its history are a 5 throw-back to a bygone era and I hope we will 6 not be subjected to this type of maneuvering in 7 midnight meetings in the future. 8 I can recall being asked to 9 attend a bipartisan press conference, I think it 10 was about the 2nd of April -- the 1st or 2nd of 11 April -- one of the few that we had in this hall 12 this year. In fact, one of the few in many 13 years at which Senator Velella and Assembly 14 Mayersohn -- Assemblywoman Mayersohn and a whole 15 host of legislators from both houses, from both 16 sides of the aisle, stood and made our pledge to 17 do what this bill would now do. It was a -- it 18 was a special moment because it signified true 19 bipartisan cooperation and determination to see 20 something through. 21 To hear on the floor earlier 22 today that a measure had been agreed to only at 23 midnight last night and there was not time to 10430 1 contact the original sponsors is simply not an 2 acceptable way for us to conduct business, and 3 while I very much appreciate Senator Velella's 4 taking the time and being gracious enough to 5 allow all of us to have our names added again to 6 the bill, I recall reading a newspaper story a 7 few months ago that listed a very large number 8 of staff people who worked for Senator Velella 9 and my guess is he probably could have had some 10 of those staff, including the very capable Donna 11 Montalto who was a member of my staff many years 12 ago as an intern, they probably could have 13 contacted all ten of the Democratic sponsors and 14 every Republican sponsor in the hours from 15 midnight last night until 4:00 o'clock this 16 afternoon to ask us if we wanted to remain on 17 the bill. 18 In fact, there are many examples 19 of that courtesy having been extended this 20 year. In fact, not too long ago, Senator 21 Velella - 22 ACTING PRESIDENT MAZIARZ: 23 Senator Hoffmann, would you yield to Senator 10431 1 Velella? 2 SENATOR HOFFMANN: In one second. 3 Just let me complete this. 4 SENATOR VELELLA: Just a quick 5 question. 6 SENATOR HOFFMANN: I'll yield in 7 one second, Mr. President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Hoffmann. 10 SENATOR HOFFMANN: Thank you. 11 In fact, as a very nice case in 12 point, not too long ago, Senator Volker as the 13 prime sponsor of the death penalty, had one of 14 his top counsels make frequent phone calls and 15 FAX material back and forth, ask how late we 16 would be available in the office while we were 17 revising the death penalty bill as we were 18 approaching a final close down on that measure. 19 So I will extend to Senator 20 Velella my desire to be as cooperative as I 21 possibly can. I will keep my office open. I 22 will come in at midnight. I have FAXes at my 23 apartment and on my farm and I will remain in 10432 1 close contact as this process develops, but more 2 importantly, I want to send the message to 3 Governor Pataki and Senator Bruno that all of us 4 hope that we can avoid the type of stressful 5 experience we just endured a few moments ago in 6 this chamber by having true bipartisan 7 cooperation throughout the process, and now I 8 will be more than happy to yield to Senator 9 Velella. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Velella to answer a question. 12 SENATOR VELELLA: Senator, I 13 would just like to ask you to do me a personal 14 favor and make the commitment yourself to 15 collect the phone numbers of those Minority 16 Senators that would like my staff to have it and 17 where they will be at midnight on any nights so 18 that I could reach them in the event that this 19 happens again and will be able to prevent it, so 20 if you would turn over the numbers to me of 21 where all of the members will be at midnight, I 22 will be happy to be sure this never happens 23 again. 10433 1 SENATOR HOFFMANN: I will be more 2 than happy - 3 ACTING PRESIDENT MAZIARZ: 4 Senator Hoffmann. 5 SENATOR HOFFMANN: Thank you, Mr. 6 President. 7 I will be more than happy to 8 provide that information to Senator Velella, but 9 I think it's probably quite clear that it would 10 not have been necessary in this case since our 11 offices were open at 8:30 this morning and it's 12 now 4:00 o'clock in the afternoon. There had 13 been time for that to have been done, and I also 14 recognize that a simple call to the Minority 15 Leader through his staff which is available 24 16 hours a day would have elicited that information 17 without any great difficulty. There were only 18 ten of us, so I'm sure that we're all off to a 19 much better start going into the waning days of 20 this session. We will all exchange lots of 21 phone numbers and FAX numbers and we will have 22 no more problems with sponsors' names 23 disappearing from measures as they sometimes 10434 1 have in the past. 2 ACTING PRESIDENT MAZIARZ: 3 Senator Marcellino. 4 SENATOR MARCELLINO: Thank you, 5 Mr. President. 6 I supported the earlier form of 7 this bill and I support this form. I thank 8 Senator Velella and Senator Hannon for their 9 efforts. I recognize that negotiations often 10 take longer than anyone would like and sometimes 11 they're rather torturous. We went through 12 torturous budget negotiations, sometimes the 13 procedure wasn't to everybody's liking but I 14 think ultimately we ended up with a good budget 15 bill, not perfect but a good one. This bill may 16 not be perfect in every way, but it's a good 17 bill. It's a better bill than the previous 18 bill. Many accommodations were made and I'm 19 pleased to support it, and I thank the efforts 20 of those involved. 21 ACTING PRESIDENT MAZIARZ: The 22 Chair recognizes Senator Mendez. 23 SENATOR MENDEZ: Mr. President, I 10435 1 really want to express my joy at the fact that 2 there has been agreement to pass this bill, both 3 here and in the Assembly. The reason being that 4 in my district as well as in all minority 5 districts of the state of New York, 99.9 percent 6 of minority women are the ones that, 7 unfortunately, are being infected with the - 8 with the AIDS virus and are the ones that, 9 unfortunately, are giving birth to children also 10 infected with the HIV virus. 11 I really must say that I want to 12 thank Senator Velella and Senator Hannon for the 13 work that they have done, as well as that 14 wonderful and effective Assemblywoman Nettie 15 Mayersohn for her interest in a subject matter, 16 in a health problem that is -- health problem 17 that is so vitally important to the -- to all 18 the residents of the state of New York. 19 In summary, I want to mention 20 that it is now -- once more, I want to reiterate 21 that the -- that the greater group at risk in 22 terms of that horrible disease are women and 23 99.9 percent of those women, I must say, are 10436 1 minority women, so you can see the importance of 2 this -- of this bill. 3 I want to thank the Governor for 4 committing funds to pay for the -- the 5 counseling program and for testing and what have 6 you, and I also want to mention that, believe 7 you me, Mr. President, I am very happy that this 8 little tempest in a teapot has been resolved, 9 because the bottom line is that I would have 10 supported that bill whether my name would have 11 been on it or not. Of course, I think that the 12 graciousness of Senator Velella and Senator 13 Connor and the others at resolving this issue is 14 very important because it did give each one of 15 those that are so strongly committed to do 16 whatever we have to do to ease the lives of 17 those who are suffering from this disease. It 18 gives us the opportunity to partake in a 19 collective effort to try to resolve, but I also 20 want to mention that I hope that once this is in 21 place, suddenly we don't see a whole emphasis in 22 providing treatment of AZT to all the women who 23 are -- who are pregnant and are -- and are - 10437 1 and are found to have the HIV virus because, I 2 believe it's two or -- two or three percent, I 3 don't recall, of the -- of the babies that are 4 born of women who have been pregnant receiving 5 AZT are without the HIV virus, but normally a 6 pregnant woman who has a child with HIV, as the 7 child develops its own immunological system by 8 the age of 18 months, many of them shed off the 9 virus. 10 So I do hope with this program 11 that there would also be a program of research 12 in terms of -- in terms of, if there are any 13 secondary effects on the development of a child 14 of a woman who has -- who has been treated with 15 AZT. 16 So it's a happy day, Mr. 17 President, and I will be voting yes. 18 ACTING PRESIDENT MAZIARZ: Thank 19 you, Senator. 20 The Chair recognizes Senator 21 Gold. 22 SENATOR GOLD: Thank you very 23 much, Mr. President. 10438 1 Mr. President, I guess it becomes 2 a question of definition as to what is a tempest 3 in whose teapot. 4 I've seen members in this house 5 get very, very excited over things that other 6 members would shrug their shoulders about, so I 7 guess it depends how you react to issues as to 8 whether something is or is not a tempest in a 9 teapot. 10 At any rate, I would like to 11 correct my colleague in that, if I understood 12 her properly, if she said that there's agreement 13 and this will pass some way in the other house, 14 I think it's been acknowledged there's no such 15 agreement and this bill ain't goin' to pass in 16 the other house. 17 As a matter of fact, during some 18 of the conversations, it was made clear that 19 this is a posturing in order to continue some 20 kind of negotiation and I think Senator Stavisky 21 very graciously tried to get some concessions on 22 the floor, that when there is a bill that may be 23 a law, that people will be listed on it. 10439 1 So while this may be a just 2 cause, we are here again spending the time of 3 this chamber less than four hours from our 4 appointed adjourned time, posturing. 5 Now, negotiations are 6 negotiations and they take place all the time. 7 Why we have to spend taxpayer money to print 8 bills that are posturing in order to negotiate, 9 I don't know. Now, I will admit to you that 10 taxpayer money gets spent in printing bills that 11 don't pass, but we put them in and we state our 12 positions and we hope very much that we can pass 13 them, but for the posturing, I say to myself, 14 there really should be some time limit. 15 The other point is really a 16 simple point. While I can respect the work that 17 people do on an issue, very often what happens 18 is that the Majority walks in here with its 31 19 votes and they don't care whether we have a 20 minute or 30 seconds or 20 minutes to examine a 21 piece of legislation because they've got their 22 31 votes and they couldn't care less what 23 happens to it. 10440 1 When there's a piece of 2 legislation such as this issue where its very 3 obvious without votes on our side of the aisle, 4 well, of course, it seems to work a little 5 better, but having said that, a member of the 6 Legislature by definition, I think, should not 7 be a bungee cord, and we should not be there for 8 people to bounce us around as they want for 9 their political purposes or for their very 10 worthy just cause purposes. 11 There are people who have been 12 recognized as leaders in a particular issue, and 13 that's fine. Let them lead, but I never gave 14 anybody my proxy for anything that they may do. 15 I do not believe in legislation by label. 16 I know every once in a while 17 somebody says, "Well, I don't want to vote no 18 here because somebody back home may say that I'm 19 switching positions" and I understand and 20 respect peoples' respect for their constituency 21 and how they work their particular legislative 22 careers, but I don't believe in labels, and 23 while I do believe in the concept of the 10441 1 original bill and I do believe in the -- in the 2 disclosing of this information, it doesn't mean 3 I would vote for any bill in that -- in that 4 particular field. 5 And if this is not the final bill 6 and if some of the concerns of the Assembly 7 Speaker have been met as Senator Velella says - 8 and I don't doubt that he's telling the truth, 9 but yet Assemblyman Silver and the Majority over 10 there is not going to deal with this bill, I 11 don't know what all of this is really all 12 about. I don't understand it. We're now, I 13 think, three hours and fifteen minutes from our 14 orderly promised adjournment, and we're 15 posturing, and the answer is that I feel as 16 strongly about this issue as anybody. I respect 17 people who will vote yes because we continuously 18 must vote yes. 19 I intend personally to vote in 20 the negative because I don't want this issue 21 postured anymore. I want a bill. I want a 22 final bill. I do not believe that the way you 23 get a final bill is to just keep bringing them 10442 1 up and changing it every other day. I think you 2 sit down and work it out or you don't work it 3 out. 4 There was a comment made 5 yesterday and I commented on it but I'm going to 6 repeat it, that we on this side did something in 7 order to embarrass you on the other side and my 8 comment was, if you don't believe in an issue or 9 you do believe in an issue and that's the way 10 you vote, why would you have been embarrassed? 11 And it's the same thing on this. 12 We will negotiate with or without 13 this bill today. I cannot believe in my wildest 14 imagination that passing this bill today is 15 going to change the negotiation because there 16 are people of pretty fixed ideas on both sides 17 and they must soften and come to some agreement 18 on each side and then we'll have a bill and I 19 don't think the additional posturing does 20 anything. 21 I think that when we as a Senate 22 passed 2704, we sent our message. The New York 23 State Senate has 31 votes for a baby AIDS bill. 10443 1 That was the message. It hadn't changed. So 2 now with three hours and fourteen minutes to go, 3 we're going to tell the other side, not only do 4 we have 31 votes but we have 31 votes. It seems 5 to be the same message, because when people 6 debate this bill, you don't debate the merits of 7 the bill, you debate the label. It's the 8 label. 9 People have been running around 10 here saying, "Can we get on a bill, not get on a 11 bill" and they don't know what the bill does. 12 Senator Velella, this may be a better bill, I 13 don't know, but that's not why people want to be 14 on it. They want to be on it because of the 15 label. 16 Well, Senator, I can only speak 17 for myself and I'm sure I'm in the minority on 18 this, but I'm not voting for it and supporting 19 labels. 20 Senator, when there's a bill that 21 is a serious bill, I would love to look at it, 22 probably would support it, but I'm calling an 23 end, Senator, to this business and I'm going to 10444 1 vote no. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 I'm sorry. Senator Paterson. 5 SENATOR PATERSON: Mr. President, 6 I'm sorry. I was moved by the remarks of the 7 last speaker and didn't rise in time, but now 8 that I have, I think that there is a great deal 9 of support for this legislation. I think that's 10 why we had a slight misunderstanding a little 11 while ago, and I think there's a great deal of 12 misunderstanding of the very few. I think there 13 are only nine Senators in this chamber who voted 14 against this bill and I think those individuals 15 were labeled kind of hoodwinked and cajoled and 16 even challenged as if they were serving out - 17 and I was one of them -- the interest of 18 lobbying groups and that kind of thing, and we 19 were trying to speak to the merits of the bill 20 and that's what I'm going to try to do right 21 now. 22 I actually would have preferred 23 the bill that I voted against in March to the 10445 1 bill that exists on the floor today. Let me 2 cite one of those reasons. In the bill we have 3 today, we are really setting up a -- separate 4 guidelines for testing and counseling for 5 pregnant women as opposed to the rest of the 6 population. 7 There's only one type of medical 8 investigation in which we would not have -- in 9 which we would have a similar situation when we 10 separate the tested from the rest of the 11 population, and that is an autopsy where we're 12 testing the deceased and there's no informed 13 consent because the deceased can't talk. 14 In every other situation, we have 15 uniform testing and counseling guidelines. We 16 have gone totally away from it in this piece of 17 legislation by giving the commissioner the right 18 to set up the new guidelines. We don't know 19 what the counseling is going to be. We don't 20 know if there's going to be any counseling at 21 all. We don't know if the counseling is going 22 to be so stringent that it actually could become 23 a health care problem within itself because now 10446 1 the pregnant woman is being badgered rather than 2 being counseled for the interest of conducting 3 this test. 4 Let me cite my second objection 5 to the legislation. We are setting up in this 6 legislation what is really going to be a 7 situation where we're going to have double 8 testing. We're testing the pregnant woman, then 9 we're testing the newborn. Well, if we find out 10 that the mother is HIV-positive, why do we have 11 to test the newborn at that point? We already 12 know that we have a problem, but we're going to 13 test the newborn again. We're going to put 14 people in this very precarious position as a 15 result of double testing as a result of this 16 bill -- and let me point out that this is 17 actually different than something that existed 18 in the last bill. 19 Now, the Governor has consented 20 and has been complimented on the floor for 21 putting money into this program, $3.8 million, 22 but where's the money coming from? The money is 23 coming from the bad debt and charity pool to 10447 1 hospitals. So we're really, I guess, taking 2 money that's going to try to save lives to put 3 it in another area that's going to try to save 4 lives, except in the original area, we're at 5 least assured that we're saving lives. 6 So this $3.8 million then is 7 generously intended, and I don't question the 8 intentions of anyone that drafted, supported or 9 is even lobbying for this bill, because more 10 than any other piece of legislation I debated on 11 the floor this year, I don't think that it's a 12 difference of opinion. I think it's a 13 reflection of understanding that brings us to 14 different positions on this legislation, and 15 $3.8 million going away from hospitals -- the 16 hospitals are complaining now. 17 The hospital is required to 18 notify the parents of the newborn that tests 19 positive. The hospitals are already complaining 20 that there's a pocket of individuals who are 21 afflicted and that it has been extremely 22 difficult and there is an extreme strain on the 23 hospitals to get in contact with the parents 10448 1 now. Now we're going to try to mandate them to 2 go out and find individuals who probably after 3 the testing has taken place don't even really 4 want to be found. 5 And so there are just some 6 complications that don't even have to do with 7 the basic issue that I have with supporting this 8 piece of legislation on its face. 9 Why do we want to change the 10 inherent guidelines to such an extent that we 11 are now going to have an entire separate system 12 just for pregnant women; in other words, 13 separating them from every other class of 14 individuals who are tested in our society. 15 And now let's get to what I think 16 is the critical issue, the actual treatment. We 17 understand how deadly and hazardous this disease 18 is, but we understand that the same way we 19 understand that we don't want an atom bomb 20 dropped on this chamber. Nobody knows what an 21 atom bomb would do but everyone knows they don't 22 want to see it fall. 23 The point is that when it comes 10449 1 to the results of HIV testing and the finding of 2 a -- of a positive, the treatment, particularly 3 as I pointed out a couple months ago with AZT, 4 can be one of the most dangerous situations we 5 can ever involve ourselves in, particularly with 6 newborns, and particularly if we treat the 7 mother too early in the pregnancy. 8 AZT has been effective when used 9 to treat the pregnant woman in the seventh 10 month, but when we start to see our current 11 medical treatments as panaceas for the problem 12 and we're getting up and making statements that 13 we want the earliest possible medical 14 intervention when we don't even know that the 15 medical intervention exacerbated the problem 16 over five years ago when newborns that were 17 treated with AZT, they all died, not the few or 18 the great number of percentage that sero 19 converted over an 18-month period. 20 AZT is an immunodepressant drug 21 treating an immunodeficient virus. In other 22 words, it exacerbates the same virus it treats, 23 so only in specialized situations can it 10450 1 actually be effective. There are other 2 treatments for pneumonia that are actually very 3 good that we could treat if we understand that 4 the baby is HIV-positive and may contract the 5 narcissoma pneumonia that we're aware of, but 6 these are things that were taken into account 7 when the Center for Disease Control basically 8 threw out this system, and the reason they threw 9 out this system was because it was being abused, 10 not being abused by individuals who didn't 11 care. It was being abused by individuals who 12 didn't understand the medical protocols and they 13 are now re-reviewing those protocols to see what 14 the apt treatment would be for individuals who 15 are afflicted with the HIV virus based on 16 testing. 17 And so these are not only the 18 reasons that I oppose the legislation, but I 19 also have cited the reasons why I oppose this 20 bill as it would discriminate against the 21 original bill that came out that did not set up 22 the double standard as we have today. 23 I think that this subject 10451 1 certainly needs more work. I think that there 2 is a desperate attempt by individuals to pass 3 legislation right now because it's such a 4 horrible situation that they're doing the very 5 best they can to try to actually treat it, and 6 for that, I commend them. 7 Where there is not quite an 8 understanding of how horrible and tragic and 9 lachrymose the results of this disease is, is a 10 matter for research and a matter for 11 understanding and a matter for exactly what some 12 individuals said earlier, putting aside labels 13 and really getting into the research that would 14 help us to find a cure for the HIV virus and 15 inevitably the AIDS disease. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Abate. 18 SENATOR ABATE: Yes. Would 19 Senator Velella yield to two questions? 20 ACTING PRESIDENT MAZIARZ: 21 Senator Velella, would you yield for two 22 questions from Senator Abate? 23 SENATOR VELELLA: Certainly. 10452 1 SENATOR ABATE: There are two 2 issues of concern that I don't understand and 3 maybe you can clarify -- well, there may be 4 other issues, but two that are new issues. 5 In 1988, I believe, the medical 6 profession got together through a task force or 7 a committee and came up with a Public Health Law 8 2781 and it dealt with what kind of counseling, 9 consent, post-counseling, precounseling to the 10 testing. Why now is this legislation exempting 11 pregnant women from this Public Health Law 12 provision? My understanding now, only dead 13 people are exempted and individuals that donate 14 organs. Now we're putting pregnant women into 15 that exemption. Why are we doing that? 16 SENATOR VELELLA: Well, Senator, 17 I'll explain the reason and I'll explain 18 something else to you about my own thinking. 19 My own thinking is that that 20 whole article is nothing but a special privilege 21 bill for the AIDS -- so-called AIDS treatment of 22 people who are so-called AIDS victims. I 23 believe we should treat AIDS as we do every 10453 1 other communicable disease and we shouldn't be 2 using special interest and special laws to treat 3 them any differently. A contagious disease is a 4 contagious disease, no matter what it is, but 5 the reason that we have now exempted pregnant 6 women is because of the fact that pregnant women 7 transmit the disease to an innocent life and 8 we're trying to stop that, and this bill and 9 this legislation hopefully is the best shot we 10 have at stopping that innocent, young, unborn 11 child or newborn child from getting the disease, 12 and the way we're doing that is by putting that 13 exemption in that section. 14 SENATOR ABATE: Yes,, but my 15 understanding of Public Health Law 2781, it 16 really presents guidelines for the doctors in 17 terms of how they do the counseling, and if you 18 take those guidelines away, in effect, we may be 19 reducing the impact and the meaningfulness of 20 that counseling and that's what my concern is. 21 Why are we removing pregnant women when they 22 need meaningful counsel? We're taking them out 23 of these guidelines, so I guess that's my - 10454 1 SENATOR VELELLA: Senator, I 2 believe again those special guidelines for this 3 special group of people for this special disease 4 which I call the only politically protected 5 disease known to mankind is, in my opinion, 6 unnecessary. 7 We have medical doctors who every 8 day have to counsel people. I mean, a doctor 9 has to tell someone that they are dying of 10 terminal cancer. Who counsels them to accept 11 this terrible news? Somebody has to face the 12 fact that they're going to die of a heart attack 13 or they're going to die of a liver disease. 14 Doctors do this all the time. Why do we need 15 special laws for people who have AIDS? 16 SENATOR ABATE: If I can just 17 respond to that question why. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Abate. 20 SENATOR ABATE: If I can respond 21 to the question why. I don't think there's ever 22 a disease that has faced so much discrimination. 23 If you remember not so long ago we were talking 10455 1 about quarantines. We were talking about people 2 who couldn't work, couldn't have housing, so 3 it's a disease that's associated with an 4 enormous amount of prejudice and discrimination. 5 So that's why there's certain guidelines. 6 SENATOR VELELLA: Senator, would 7 you yield to a question? 8 SENATOR ABATE: Sure. 9 SENATOR VELELLA: Have you ever 10 heard of leprosy? 11 SENATOR ABATE: Yes. 12 SENATOR VELELLA: Have you heard 13 of tuberculosis and some of the stories that 14 were done with people during those times? They 15 were serious too. 16 SENATOR ABATE: I guess my second 17 -- I won't debate this issue. My second issue 18 is it's my understanding - 19 ACTING PRESIDENT MAZIARZ: 20 Senator Velella, do you continue to yield for a 21 question? 22 SENATOR VELELLA: Yes. 23 SENATOR ABATE: My second 10456 1 question, if a woman refuses a test, that piece 2 of paper goes into her medical files, "refuses 3 to test." I think -- I think that's the case. 4 And that -- so clearly the doctor knows who's 5 been tested and who hasn't been tested, yet this 6 bill will spend $3.8 million testing all the 7 women, even the women who have consented to be 8 tested prenatally. My understanding is when 9 women are adequately counseled, they will end up 10 voluntarily testing themselves, and what this 11 bill does, even the women, the 98 percent that 12 agree to be tested prenatally, they also will be 13 put in the pool on the back end and their babies 14 will be tested and there will have to be 15 notification and the hospitals will have to fine 16 them. Why are we doing it for the 98 percent 17 who have already agreed to be tested? 18 ACTING PRESIDENT MAZIARZ: 19 Senator Velella, do you - 20 SENATOR VELELLA: The answer to 21 that is for the exact same reason that we do it 22 for syphilis and that we do it for a battery of 23 other listed communicable diseases. All I want 10457 1 to do is treat that disease as we do every other 2 contagious disease and not treat it any special 3 way. Let's fight it the way this Legislature - 4 the way legislators long before us have had to 5 deal with contagious diseases have fought those 6 diseases of their time. 7 AIDS is the disease of our time. 8 Let's fight it in the proven way. The same way 9 we have wiped out those other diseases, we will 10 wipe out AIDS and we will find a cure. We have 11 found some very progressive things to do hope 12 fully to prevent the transmission to children 13 that are in their mothers' wombs. Let's do what 14 we can to stop the spread of this disease and 15 help those who have it. 16 SENATOR ABATE: I guess I 17 disagree on these two points I raise, and the 18 reason is when you test the baby, you're really 19 testing the condition of the mother, and so if 20 the woman -- the mother already agrees to be 21 tested herself, we're not giving her any more 22 valuable information. She knows her condition. 23 We're wasting money. We're making hospitals 10458 1 more liable. They're going to have to now 2 communicate with mothers and we're not going to 3 be giving them any more useful information. 4 But thank you, Senator Velella. 5 SENATOR VELELLA: May I respond 6 to that, Senator? 7 SENATOR ABATE: Yes. 8 SENATOR VELELLA: The only thing 9 that we are doing, and again, I tell you, when 10 we do test those babies, we are catching the 11 ones that have slipped through the cracks. The 12 people probably in the most frequent -- in the 13 most high risk group, those women that show up 14 at the maternity ward, at the hospital ready to 15 give birth that haven't had the advantage of 16 prenatal treatment, that haven't had the 17 advantage of a test, they come in, they have 18 their baby and then we test the baby and find 19 out, so we're going to catch a lot of those 20 babies, the ones that fall between the cracks, 21 and that's part of the reason why we're going to 22 test all the babies born. 23 Additionally, hopefully we'll be 10459 1 able to identify and can maintain the areas that 2 there is the high frequency because, as you 3 know, the federal government may be withdrawing 4 their money for the blind testing, and we won't 5 be able to determine where the high frequency 6 is, so by testing these babies at state expense, 7 which the Governor has made the commitment, we 8 will be able to identify the high instance 9 areas, the high instance groups and hopefully 10 fight this disease the way we have otherwise. 11 SENATOR ABATE: Thank you. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Oppenheimer. 14 SENATOR OPPENHEIMER: I had a lot 15 of the same concerns that were just mentioned. 16 The fact is that the federal government has 17 stopped in the last six weeks, seven weeks doing 18 any testing, so that's finished as far as the 19 blind testing, you're right, it's finished. 20 The funding, I would be happy to 21 hear that some additional money was going to 22 come into this. Unfortunately, from what I 23 understand that $3.8 million that will be going 10460 1 to test the babies is going to be coming from 2 the bad debt and charity pool; is that true, 3 Senator? Would you respond? 4 ACTING PRESIDENT MAZIARZ: 5 Senator Velella, would you yield to a question? 6 SENATOR VELELLA: Yes. What's 7 the question, Senator? 8 SENATOR OPPENHEIMER: I 9 understand that the money that is going to the 10 testing of the babies is going to be coming, 11 that 3.8 million, from the bad debt and charity 12 pool? 13 SENATOR VELELLA: That will be 14 next year, yes, to supplement the shortfall for 15 next year. That's a very good investment 16 because by catching this early, we will be able 17 to save the long-term treatment hopefully that 18 becomes necessary for these children when they 19 go totally untreated at birth and develop the 20 full blown AIDS disease. We can better control 21 it and most of these babies, unfortunately, will 22 be funded by the bad debt and charity pool. So 23 if we catch the disease early enough, we can do 10461 1 some things to minimize the impact and it will 2 be an offset, another $3.8 million offset, but 3 somewhat of an offset. 4 SENATOR PATERSON: Mr. President. 5 ACTING PRESIDENT MAZIARZ: Could 6 we have some order in the chamber, please, so 7 that we can hear both Senator Oppenheimer and 8 Senator Velella. 9 Senator Paterson. 10 SENATOR PATERSON: If Senator 11 Oppenheimer would just suffer a brief 12 interruption. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Oppenheimer. 15 SENATOR OPPENHEIMER: I yield. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Paterson. 18 SENATOR PATERSON: If Senator 19 Velella would just yield for a question. It's 20 just this specific - 21 ACTING PRESIDENT MAZIARZ: 22 Senator Velella, would you yield for a question 23 from Senator Paterson? 10462 1 SENATOR VELELLA: Yes. 2 SENATOR PATERSON: It's this 3 specific point that disturbs me, Senator 4 Velella. If you're talking about a pregnant 5 woman -- treating the pregnant woman, that's one 6 thing, but if you're talking about medical 7 intervention to treat the newborn, those who are 8 in favor of this bill have been able to cite 9 evidence where some of the ancillary diseases 10 have been able to be treated by the use of a 11 number of drugs, but I don't know that there's 12 any hard evidence that we can treat the HIV 13 virus in newborns, and I think that that's where 14 the misperception is being gained by the public 15 and a lot of other people that we really are - 16 even if there's some disagreement between you 17 and I on that one point, but there seems to be 18 an overestimation of what we can actually do if 19 we have learned that a person is HIV-positive, 20 because then I'm going to have to ask you the 21 question, what do we do when adults are -- are 22 diagnosed as being HIV-positive? Has medical 23 intervention affected their lives when there was 10463 1 early intervention? 2 ACTING PRESIDENT MAZIARZ: 3 Senator Velella. 4 SENATOR VELELLA: If I may 5 respond just briefly. There absolutely is no 6 cure today for that disease and certainly I have 7 not in any way tried to indicate that if we get 8 an early detection, we are going to cure the 9 disease. However, I have heard - 10 SENATOR PATERSON: That's all I'm 11 saying. 12 SENATOR VELELLA: Just let me say 13 to respond to the point that Senator Oppenheimer 14 made -- let me finish -- was that by detecting 15 the disease early in infants, we can make their 16 lives more comfortable, reduce the instances of 17 pneumonia and the severity of pneumonias and 18 ultimately prolong their life into teenage when 19 hopefully we'll have a cure. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Oppenheimer. 22 SENATOR OPPENHEIMER: Senator 23 Velella, would you yield for another question? 10464 1 ACTING PRESIDENT MAZIARZ: 2 Senator Velella, would you yield for a question 3 from Senator Oppenheimer? 4 SENATOR VELELLA: Yes, I'll 5 yield. 6 ACTING PRESIDENT MAZIARZ: Can we 7 have some quiet in the chamber so that we could 8 hear both Senator Velella, who is very easy to 9 hear and Senator Oppenheimer who is a little 10 more difficult to hear. 11 Senator Oppenheimer. 12 SENATOR OPPENHEIMER: All right. 13 I'll talk up. Would you say that a considerable 14 number of the children that test HIV-positive at 15 birth, perhaps as many as 75 to 80 percent do 16 not have anything but their mother's antibodies 17 in them and that they will shrug them off by the 18 age of five months or six months? 19 SENATOR VELELLA: Senator, I 20 believe we did this in the last debate. 21 Absolutely right unless the virus is 22 reintroduced to them through breast feeding or 23 something of that nature or some kind of bodily 10465 1 fluid contact. That's why it's so important 2 that the mother be told that she has the disease 3 and she not transmit it to the child. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Oppenheimer. 6 SENATOR OPPENHEIMER: I think we 7 all agree on the mandatory counseling. There's 8 no question that you have a million percent 9 agreement on that. 10 The drugs that would be used, 11 however, on the youngsters that would -- the 12 babies, would be the same for all of these 13 babies born HIV-positive, yet perhaps as many as 14 three out of four would not need these strong 15 drugs because they are just -- it's just their 16 mother's antibodies which they will be rid of by 17 the time they're five months old. 18 I have a concern that the babies 19 that do not need this will not be benefited and 20 might be harmed by very strong drugs. Do you 21 have that concern also, Senator Velella? 22 ACTING PRESIDENT MAZIARZ: 23 Senator Velella, would you yield to another 10466 1 question? 2 SENATOR VELELLA: Yes, I yield, 3 and my answer is that I would -- if this were to 4 strike in my own family, I would rest on the 5 basis of the fact that I would try to get the 6 best medical treatment available for my child 7 and I would have to rely on the doctors who told 8 me what to do, very much like a person dying of 9 cancer allows their doctor to introduce poison 10 into their system through chemotherapy and try 11 and save them in the long run. 12 I couldn't tell you, but I would 13 have to rest on the best medical available 14 information and the best course of treatment 15 prescribed by the American Medical Society and 16 the doctors who I would have faith in. I'm not 17 a doctor, but one thing I do know, if we don't 18 know the kid has the disease and we don't know 19 the mother has the disease, we can't do anything 20 to help him. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Oppenheimer. 23 SENATOR OPPENHEIMER: There is - 10467 1 I think the analogy that Senator Velella just 2 used is not a valid one in that the cancer 3 patient knows he has cancer. The HIV-born baby 4 may not have HIV, and so he may not be sick, but 5 you are going to give him or her a very strong 6 drug which may not be necessary at all because 7 by age five months, that child will no longer be 8 HIV. 9 I had another question, and it's 10 not coming to me. Give me one moment. I can't 11 think of what else I was going to ask you. 12 You're lucky. 13 Thank you, Senator. 14 ACTING PRESIDENT MAZIARZ: Thank 15 you, Senator. 16 SENATOR WALDON: Is there a list? 17 ACTING PRESIDENT MAZIARZ: 18 Senator Waldon, there is a list. You are number 19 one. 20 SENATOR WALDON: Thank you. 21 Would Senator Velella yield to a 22 question? 23 ACTING PRESIDENT MAZIARZ: 10468 1 Senator Velella, would you yield to a question 2 from Senator Waldon? 3 SENATOR SKELOS: Mr. President, 4 if I could interrupt for a minute. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Skelos. 7 SENATOR SKELOS: There will be an 8 immediate meeting of the Rules Committee in Room 9 332 of the Capitol. 10 ACTING PRESIDENT MAZIARZ: There 11 will be an immediate meeting of the Rules 12 Committee in Room 332 of the Capitol, an 13 immediate meeting of the Rules Committee in Room 14 332. 15 Senator Velella, would you yield 16 to a question from Senator Waldon? 17 SENATOR WALDON: Yes, Mr. 18 President. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Waldon. 21 SENATOR WALDON: Thank you, Mr. 22 President. 23 The learned Senator from Bronx 10469 1 County, just a question or two if I may. One, 2 of the children born who are HIV-positive, is 3 there any way to determine which of the children 4 born will five months or whatever length of time 5 down the road not contract this insidious 6 disease permanently or at birth or while being 7 carried in the mother's womb? 8 ACTING PRESIDENT MAZIARZ: 9 Senator Velella. 10 SENATOR VELELLA: Senator, the 11 test is for the antibody which shows the 12 presence of the antibody that fights the disease 13 which means that the mother has the full blown 14 virus, the child may develop it. 15 To my knowledge, there is no way 16 to sort out those young infants that test 17 positive for the HIV antibody and which ones 18 will develop the full blown AIDS and which ones 19 will reject the antibody and develop normally 20 and have no problem in life. 21 SENATOR WALDON: Thank you. 22 Mr. President, if I may ask the 23 Senator another question. 10470 1 ACTING PRESIDENT MAZIARZ: 2 Senator Velella, would you continue to yield for 3 another question from Senator Waldon? 4 SENATOR VELELLA: Yes. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Waldon. 7 SENATOR WALDON: Senator, let's 8 talk about adults for just a minute. 9 The mother who may not know that 10 she has AIDS when tested, is the test only -- is 11 the information received from the test, in your 12 opinion, valid only in regard to the fetus or if 13 this parent is still sexually active, can this 14 information be used as a mechanism of alerting 15 the parent to what may occur in terms of 16 spreading the disease, et cetera? 17 SENATOR VELELLA: Unfortunately, 18 Senator, if I had my choice, it would be but, 19 unfortunately, because of the problem of trying 20 to get a bill passed in both houses, we cannot 21 mandate like we do for syphilis or for other 22 types of communicable diseases that other sexual 23 partners be notified. 10471 1 This bill is limited -- this bill 2 is limited only to the person involved, the 3 parent of the child. It goes no further than 4 that. I would have it go further but it 5 doesn't. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Waldon. 8 SENATOR WALDON: Mr. President, 9 if I may continue. 10 Senator, that wasn't the thrust 11 of my question. 12 SENATOR VELELLA: Oh, I'm sorry. 13 I misunderstood. 14 SENATOR WALDON: What I was 15 trying to ask you and I probably misstated it, 16 the fact that the woman who is positive is now 17 made aware that she's positive, in your opinion, 18 could this have any salutary effect in regard to 19 if she was to remain sexually active, at least 20 she knows that she is now a carrier. Is that - 21 SENATOR VELELLA: Assuming that 22 the woman would be as you and I would like her 23 to be a responsible adult individual, we would 10472 1 assume that she would use certain precautions so 2 she would not transmit the disease to her 3 partner in the future. That's an assumption we 4 would have to make. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Waldon. 7 SENATOR WALDON: Mr. President, I 8 thank you very much. I thank you, Senator 9 Velella. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect on the first day of 14 January. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 SENATOR PATERSON: Senator 18 Paterson, for what purpose do you rise? 19 SENATOR PATERSON: We would like 20 a slow roll call. 21 ACTING PRESIDENT MAZIARZ: Are 22 there five members who desire a slow roll call? 23 I see five members standing. 10473 1 ACTING PRESIDENT MAZIARZ: The 2 Secretary will call the roll slowly. Slow roll 3 call for everyone who is back in their office. 4 Let the record show that Senator Stafford is at 5 his seat. Commence the roll call. Senator 6 Stafford is here. 7 SENATOR STAFFORD: Thank you, Mr. 8 President. The sound of your voice is 9 reassuring. 10 THE SECRETARY: Senator Abate. 11 (Negative indication.) 12 Senator Babbush. 13 (There was no response.) 14 Senator Bruno. 15 (Affirmative indication.) 16 THE SECRETARY: Aye. 17 Senator Connor. 18 (Negative indication.) 19 THE SECRETARY: Nay. 20 Senator Cook. 21 (There was no response.) 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: Yes. 10474 1 THE SECRETARY: Senator DiCarlo. 2 SENATOR DiCARLO: Aye. 3 THE SECRETARY: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Mr. 6 President, to explain my vote. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Dollinger, to explain his vote. 9 SENATOR DOLLINGER: Mr. 10 President, I continue to applaud those who work 11 at this difficult issue. 12 I voted against this bill last 13 time because I was concerned about the need for 14 mandatory counseling and I believe that this 15 bill goes a long way to addressing the concerns 16 that I expressed last time. 17 However, I do not believe it 18 solves the problem. It's not an agreed on bill, 19 to my understanding. It doesn't resolve the 20 final bit of issues that need to be tucked away 21 before we will have an enlightened policy to 22 deal with the difficult issues of confidential 23 ity, the difficult issues of the rights and the 10475 1 best interest of the child after birth. 2 So while I think this bill goes a 3 ways to solving those problems and I applaud 4 Senator Velella for his continuing hard work on 5 this bill to try to get the right result, I 6 don't quite think we're there yet and so, 7 despite the fact that it goes part of the way, 8 it doesn't go far enough for this Senator, and I 9 will be voting in the negative. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Dollinger will be recorded in the 12 negative. The Clerk will resume the roll call 13 slowly. 14 THE SECRETARY: Senator Espada. 15 (There was no response.) 16 Senator Farley. 17 SENATOR FARLEY: Aye. 18 THE SECRETARY: Senator Galiber, 19 excused. 20 Senator Gold. 21 SENATOR GOLD: No. 22 THE SECRETARY: Senator Gonzalez. 23 SENATOR GONZALEZ: Yes. 10476 1 THE SECRETARY: Senator Goodman. 2 SENATOR GOODMAN: No. 3 THE SECRETARY: Senator Hannon. 4 SENATOR HANNON: Mr. President, 5 to explain my vote. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Hannon, to explain his vote. 8 SENATOR HANNON: Mr. President, 9 this -- this bill represents an evenhanded, I 10 think non-ideological approach to try to address 11 all of the issues that were raised during the 12 extensive discussions in the last two years. 13 It's hard to see what else could be added. The 14 whole need for the precounseling, prenatal 15 testing, the ability to identify those women 16 with AIDS so that lives can be saved through the 17 use of the AZT is a necessary thing and it's a 18 hope that the spirit that this is offered will 19 be met by the other house and the other side of 20 the aisle, the people voting no. 21 I vote in favor. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Hannon will be recorded in the 10477 1 affirmative. The Clerk will resume the roll 2 call. 3 THE SECRETARY: Senator Hoblock. 4 SENATOR HOBLOCK: Yes. 5 THE SECRETARY: Senator Hoffmann. 6 SENATOR HOFFMANN: Aye. 7 THE SECRETARY: Senator Holland. 8 (There was no response.) 9 Senator Johnson. 10 (There was no response.) 11 Senator Jones. 12 SENATOR JONES: Aye. 13 THE SECRETARY: Senator Kruger. 14 (There was no response.) 15 Senator Kuhl. 16 SENATOR KUHL: Aye. 17 THE SECRETARY: Senator Lack. 18 (There was no response.) 19 Senator Larkin. 20 SENATOR LARKIN: Aye. 21 THE SECRETARY: Senator LaValle. 22 SENATOR LAVALLE: Aye. 23 THE SECRETARY: Senator Leibell. 10478 1 SENATOR LEIBELL: Aye. 2 THE SECRETARY: Senator Leichter. 3 (There was no response.) 4 Senator Levy. 5 SENATOR LEVY: Aye. 6 THE SECRETARY: Senator Libous. 7 SENATOR LIBOUS: Aye. 8 THE SECRETARY: Senator Maltese. 9 SENATOR MALTESE: Aye. 10 THE SECRETARY: Senator 11 Marcellino. 12 SENATOR MARCELLINO: Yes. 13 THE SECRETARY: Senator Marchi. 14 SENATOR MARCHI: Aye. 15 THE SECRETARY: Senator 16 Markowitz. 17 SENATOR MARKOWITZ: No. 18 THE SECRETARY: Senator Maziarz. 19 SENATOR MAZIARZ: Yes. 20 THE SECRETARY: Senator Mendez. 21 SENATOR MENDEZ: Yes. 22 THE SECRETARY: Senator 23 Montgomery. 10479 1 (There was no response.) 2 Senator Nanula. 3 SENATOR NANULA: Aye. 4 THE SECRETARY: Senator Nozzolio. 5 SENATOR NOZZOLIO: Aye. 6 THE SECRETARY: Senator Onorato. 7 SENATOR ONORATO: Aye. 8 THE SECRETARY: Senator 9 Oppenheimer. 10 SENATOR OPPENHEIMER: Explain my 11 vote. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Oppenheimer, to explain her vote. 14 SENATOR OPPENHEIMER: I do think 15 that this bill has taken a giant step in the 16 right direction in that we all, I think, 17 universally applaud the mandatory counseling for 18 pregnant women. 19 I'm concerned somewhat about the 20 -- quite concerned about the exclusion of 21 pregnant women from the public health standards 22 that seem to exist for everything else, and it 23 is a one-house bill and I will be awaiting the 10480 1 two-house bill, an agreed upon bill and for now 2 I remain not satisfied. 3 ACTING PRESIDENT MAZIARZ: Excuse 4 me, Senator Oppenheimer. Could we have some 5 order in the chamber, please, so that Senator 6 Oppenheimer could explain her vote? 7 SENATOR OPPENHEIMER: I'm voting 8 no because I'm unsatisfied. 9 ACTING PRESIDENT MAZIARZ: Could 10 we have some order, please? 11 Senator Oppenheimer. 12 SENATOR OPPENHEIMER: I will be 13 voting no because I'm not satisfied yet with 14 this bill, but it is a step in the right 15 direction. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Oppenheimer will be recorded in the 18 negative. The Clerk will resume the roll call. 19 THE SECRETARY: Senator Padavan. 20 SENATOR PADAVAN: Yes. 21 THE SECRETARY: Senator Paterson. 22 SENATOR PATERSON: No. 23 THE SECRETARY: Senator Present. 10481 1 SENATOR PRESENT: Aye. 2 THE SECRETARY: Senator Rath. 3 SENATOR RATH: Aye. 4 THE SECRETARY: Senator Saland. 5 SENATOR SALAND: Aye. 6 THE SECRETARY: Senator Santiago. 7 (There was no response.) 8 Senator Sears. 9 SENATOR SEARS: Aye. 10 THE SECRETARY: Senator Seward. 11 (There was no response.) 12 Senator Skelos. 13 (Affirmative indication.) 14 Senator Smith. 15 (There was no response.) 16 Senator Solomon. 17 SENATOR SOLOMON: Yes. 18 THE SECRETARY: Senator Spano. 19 SENATOR SPANO: Aye. 20 THE SECRETARY: Senator 21 Stachowski. 22 (There was no audible response.) 23 Senator Stafford. 10482 1 SENATOR STAFFORD: Aye. 2 THE SECRETARY: Senator Stavisky. 3 SENATOR STAVISKY: Yes. 4 THE SECRETARY: Senator Trunzo. 5 (There was no response.) 6 Senator Tully. 7 SENATOR TULLY: Aye. 8 THE SECRETARY: Senator Velella. 9 SENATOR VELELLA: Aye. 10 THE SECRETARY: Senator Volker. 11 SENATOR VOLKER: Yes. 12 THE SECRETARY: Senator Waldon. 13 SENATOR WALDON: To explain my 14 vote. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Waldon, to explain his vote. 17 SENATOR WALDON: Mr. President, 18 my colleagues, this thing -- this phenomenon 19 that we face today is so invidious and so 20 insidious that I believe that whatever methods 21 we can use to disseminate information, to 22 discover where it is and to do all that we can 23 to help those that are afflicted we should do. 10483 1 I have heard amongst my 2 colleagues very valid and meaningful arguments, 3 vis-a-vis rights to privacy. While I believe 4 that this disease which, if left unchecked, can 5 wipe us all out, can change the face of this 6 earth in terms of its population in every corner 7 of this earth, is so much a danger -- of a 8 danger to all of us, that what little steps we 9 can take to diminish its negative impact, to 10 distribute information, to educate and to alert 11 those who are being touched by its 12 insidiousness, we have a moral obligation to do 13 and that moral obligation is higher and more 14 important and stronger than other obligations. 15 Therefore, I must support this legislation. 16 I vote yes. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Waldon will be recorded in the 19 affirmative. 20 Continue the roll. 21 THE SECRETARY: Senator Wright. 22 SENATOR WRIGHT: Aye. 23 ACTING PRESIDENT MAZIARZ: The 10484 1 Clerk will call the absentees. 2 THE SECRETARY: Senator Babbush. 3 SENATOR BABBUSH: Yes. 4 THE SECRETARY: Senator Cook. 5 SENATOR COOK: Yes. 6 THE SECRETARY: Senator Espada. 7 (There was no response.) 8 Senator Holland. 9 SENATOR HOLLAND: Yes. 10 THE SECRETARY: Senator Johnson. 11 SENATOR JOHNSON: Aye. 12 THE SECRETARY: Senator Kruger. 13 (There was no response.) 14 Senator Lack. 15 SENATOR LACK: Aye. 16 THE SECRETARY: Senator Leichter. 17 (There was no response.) 18 Senator Montgomery. 19 SENATOR MONTGOMERY: No. 20 THE SECRETARY: Senator Santiago. 21 (There was no response.) 22 Senator Seward. 23 (There was no response.) 10485 1 Senator Smith. 2 (There was no response.) 3 Senator Trunzo. 4 (There was no response.) 5 ACTING PRESIDENT MAZIARZ: 6 Results. 7 THE SECRETARY: Ayes 44, nays 9. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 SENATOR LEVY: Mr. President. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Levy. 13 SENATOR LEVY: Yes. How was I 14 recorded on this bill, Mr. President? 15 ACTING PRESIDENT MAZIARZ: 16 Senator Levy was recorded in the affirmative. 17 SENATOR LEVY: Thank you. 18 ACTING PRESIDENT MAZIARZ: You're 19 welcome. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 I move we adopt the Resolution Calendar with the 23 exception of Resolution 1685. 10486 1 ACTING PRESIDENT MAZIARZ: All in 2 favor of adopting the calendar with the one 3 exception signify by saying aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The Resolution Calendar is 8 adopted. 9 Senator Present. 10 SENATOR PRESENT: Mr. President, 11 could you call up Resolution 1685 and recognize 12 Senator DiCarlo. 13 ACTING PRESIDENT MAZIARZ: The 14 Clerk -- Senator DiCarlo. 15 SENATOR DiCARLO: Thank you, Mr. 16 President. 17 I ask that Resolution 1685 be 18 read in its entirety. 19 ACTING PRESIDENT MAZIARZ: The 20 Clerk will read Resolution 1685 in its entirety, 21 please. 22 THE SECRETARY: By Senators 23 DiCarlo, Bruno, Hoblock and Wright, Legislative 10487 1 Resolution commending U.S. Air Force Captain 2 Scott O'Grady. 3 WHEREAS, it is the sense of this 4 legislative body that those who give positive 5 definition to the profile and disposition of our 6 American Armed Forces do so profoundly 7 strengthen our shared commitment to the exercise 8 of freedom; and 9 WHEREAS, attendant to such 10 concern and fully in accord with its long 11 standing traditions, it is the intent of this 12 legislative body to commend Air Force Captain 13 Scott O'Grady upon being rescued from hostile 14 territory after being shot down while flying a 15 mission for the North Atlantic Treaty 16 Organization; and 17 WHEREAS, the Brooklyn born 18 fighter was flying an escort mission for 19 N.A.T.O. on Friday, June 2nd, 1995 when his F-16 20 was shot down by Bosnian Serbs with a 21 surface-to-air missile. 22 Captain O'Grady survived in 23 hostile territory for six days through the use 10488 1 of his military survival training by eating 2 insects and drinking rainwater until he was 3 rescued on Thursday, June 8th. 4 Captain O'Grady was located by 5 U.S. radar early on the morning of June 8th and 6 a contingent of 40 aircraft from the U.S.S. 7 Kearsarge was dispatched from the Adriatic Sea 8 with the 24th Marine Expeditionary Unit on board 9 two helicopters. 10 The Marine force flying on two 11 CH-53 Super Stallion helicopters was escorted by 12 four Harrier jump-jets and two Cobra helicopters 13 in tight formation, along with F-16 and F-15 14 fighters, in addition to a special operations 15 team held in reserve over the Adriatic; and 16 WHEREAS, seeing a plume of yellow 17 smoke, the Marines were able to find a clearing 18 and pull Captain O'Grady out of dense forest 19 behind the Bosnian Serb lines and return him to 20 the U.S.S. Kearsarge without taking any 21 casualties; now, therefore, be it 22 RESOLVED, that this legislative 23 body pause in its deliberations and commend U.S. 10489 1 Air Force Captain Scott O'Grady recognizing his 2 ability and training while also recognizing the 3 contributions of all the men and women of the 4 United States Armed Forces who serve this 5 country so valiantly and honorably to maintain 6 our international commitments and the ideals of 7 freedom which are our American heritage; and be 8 it further 9 RESOLVED, that a copy of this 10 resolution, suitably engrossed, be transmitted 11 to U.S. Air Force Captain Scott O'Grady. 12 ACTING PRESIDENT MAZIARZ: 13 Senator DiCarlo. 14 SENATOR DiCARLO: Thank you, Mr. 15 President. 16 I rise in support of this 17 resolution and I think it appropriate that we 18 here in the New York State Senate recognize what 19 Captain O'Grady did for his country, did in the 20 cause of saving lives and obviously, to me, his 21 great abilities come from the fact that he is a 22 New York born individual and most especially 23 because he is a Brooklyn born New Yorker, so I 10490 1 commend Captain O'Grady. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you, Senator DiCarlo. The question - 4 SENATOR DiCARLO: Also, Mr. 5 President - 6 ACTING PRESIDENT MAZIARZ: 7 Senator DiCarlo. 8 SENATOR DiCARLO: I would also 9 take this opportunity for any other members in 10 the house who would wish to co-sponsor this 11 resolution, I would like to open it up for the 12 rest of the membership. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Gold. 15 SENATOR GOLD: That was my only 16 question. 17 ACTING PRESIDENT MAZIARZ: Why 18 don't we put every member of the house on the 19 resolution and those who do not want to be on 20 the resolution can notify the desk. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 on behalf of Senator Bruno, he would like to 10491 1 offer that same option to members to co-sponsor 2 Resolution 1650 which commemorates the 75th 3 anniversary of the American Legion. 4 ACTING PRESIDENT MAZIARZ: 5 Everyone will also be placed on Resolution 1650 6 as well unless they notify the desk otherwise. 7 The Chair recognizes Senator 8 Maltese. 9 SENATOR MALTESE: Mr. President, 10 I would like to take the opportunity to open up 11 Resolution 1672 commemorating the 150th 12 anniversary of the New York Police Department. 13 ACTING PRESIDENT MAZIARZ: That 14 was 1672, Senator? 15 SENATOR MALTESE: Yes, Mr. 16 President. 17 ACTING PRESIDENT MAZIARZ: The 18 Chair will also direct that everyone be placed 19 on Resolution 1672 commemorating the 150th 20 anniversary of the New York Police Department 21 unless they so notify the desk. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 10492 1 can we return to reports of standing 2 committees? I believe there's a report of the 3 Rules Committee at the desk. 4 ACTING PRESIDENT MAZIARZ: The 5 Secretary will read. 6 THE SECRETARY: Senator Bruno, 7 from the Committee on Rules, reports the 8 following bills: 9 Senate Print 2771, by Senator 10 Waldon, an act to amend the Election Law, in 11 relation to requiring notice; 12 3226, by Senator Dollinger, an 13 act to authorize the town of Brighton, Monroe 14 County to convert to a benefit derived method; 15 3256, by Senator Spano, an act to 16 amend the Retirement and Social Security Law, in 17 relation to peace officers; 18 3982, by Senator Nozzolio, an act 19 to amend the Vehicle and Traffic Law, in 20 relation to authorizing a residential parking 21 system; 22 4028, by Senator Velella, an act 23 to amend the Public Authorities Law and the 10493 1 Public Health Law, in relation to establishment, 2 financing and construction of a New York State 3 veterans home; 4 4322-A, by Senator Skelos, an act 5 to amend the Executive Law, in relation to 6 transaction involving services; 7 4416-A, by Senator Velella, an 8 act to amend the Insurance Law, in relation to 9 continuing education; 10 4567, by Senator Oppenheimer, an 11 act to authorize tier 1 status to John P. 12 Cossifos; 13 4827-A, by Senator Maziarz, an 14 act to amend the Public Authorities Law, in 15 relation to the financing and construction of 16 certain facilities; 17 5267, by Senator Tully, an act to 18 amend the Nassau County Civil Divisions Act, in 19 relation to the qualifications of voters; 20 5290, by Senator Spano, an act to 21 amend the Real Property Tax Law, in relation to 22 a cooperative real property tax administration 23 system; 10494 1 5318, by Senator Bruno, an act to 2 amend the Vehicle and Traffic Law, in relation 3 to authorizing the city of Troy to adopt a 4 residential parking system; 5 5335-A, by Senator Trunzo, an act 6 to amend the Administrative Code of the city of 7 New York, in relation to providing for transfer 8 of the assets; 9 5349, by Senator Larkin, an act 10 to amend Chapter 708 of the Laws of 1992, 11 amending the General Municipal Law and others; 12 5376, by Senator Nozzolio, an act 13 to amend Chapter 754 of the Laws of 1985, 14 relating to authorizing the county of Monroe; 15 5382, by Senator Larkin, an act 16 in relation to the Real Property Tax Law levied 17 for library purposes; 18 5389, by Senator Goodman, an act 19 to authorize the conveyance of certain lands to 20 the Brooklyn Academy of Music; 21 5391, by the Senate Committee on 22 Rules, an act to authorize the Department of 23 Social Services to contract for chronic care 10495 1 management demonstration program; 2 5394, by the Senate Committee on 3 Rules, an act to amend the Public Health Law, in 4 relation to utilization review agents; 5 5396-A, by Senator Skelos, an act 6 in relation to authorizing service awards for 7 the Lawrence-Cedarhurst Fire Department, Inc; 8 5403, by Senator Nozzolio, an act 9 to amend the Penal Law, in relation to estab 10 lishing the crime of aggravated harassment; 11 5404, by the Senate Committee on 12 Rules, an act to amend the Public Authorities 13 Law and the Education Law, in relation to 14 providing for the financing and construction of 15 capital facilities; 16 5418, by Senator Holland, an act 17 to amend the Public Health Law, in relation to 18 authorizing the Mid-Hudson Emergency Medical 19 Service Council; 20 5421, by Senator Trunzo, an act 21 to amend the Administrative Code of the city of 22 New York, in relation to providing for transfer; 23 5427, by Senator Levy, an act to 10496 1 amend the Vehicle and Traffic Law, in relation 2 to escort vehicle driver requirements; 3 And 5447, by Senator Rath, an act 4 to amend the Executive Law, in relation to 5 changing the name of the Office for Regulatory 6 and Management Assistance; 7 All bills ordered directly for 8 third reading. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Present. 11 SENATOR PRESENT: I move we 12 accept the Rules report. 13 ACTING PRESIDENT MARCELLINO: All 14 in favor of accepting the Rules -- the report of 15 the Rules Committee signify by saying aye. 16 (Response of "Aye".) 17 Those opposed, nay. 18 (There was no response.) 19 The report is accepted. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 let's take up the non-controversial on Senate 23 Supplemental Calendar Number 2. 10497 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will read the non-controversial 3 calendar. 4 THE SECRETARY: Calendar Number 5 1389, by Senator Waldon, Senate Print 2771, an 6 act to amend the Election Law, in relation to 7 requiring notice of certain civil penalties. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1401, by Senator Dollinger, Senate Print 3226, 20 an act to authorize the town of Brighton, Monroe 21 County to convert. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. I'm sorry. Read the last 10498 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 59. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1410, by Senator Spano, Senate Print 3256, an 12 act to amend the Retirement and Social Security 13 Law, in relation to peace officers. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 10499 1 THE SECRETARY: Calendar Number 2 1411, by Senator Nozzolio, Senate Print 3982, an 3 act to amend the Vehicle and Traffic Law, in 4 relation to authorizing a residential parking 5 system. 6 ACTING PRESIDENT MARCELLINO: 7 There is a home rule -- there is a home rule 8 message at the desk. Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1412, by Senator Velella, Senate Print 4028, an 19 act to amend the Public Authorities Law and the 20 Public Health Law, in relation to establishment, 21 financing and construction. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 10500 1 THE SECRETARY: Section 6. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 59. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1413 - 11 ACTING PRESIDENT MARCELLINO: The 12 bill is high. Lay it aside. 13 THE SECRETARY: Senator Velella 14 moves to discharge from the Committee on Rules, 15 Assembly Bill Number 6124-A and substitute it 16 for the identical Calendar Number 1414. 17 ACTING PRESIDENT MARCELLINO: The 18 substitution is ordered. 19 THE SECRETARY: Calendar Number 20 1414, by Member of the Assembly Grannis, 21 Assembly Print 6124-A, an act to amend the 22 Insurance Law, in relation to continuing 23 education. 10501 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 59. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1415, by Senator Oppenheimer - 13 ACTING PRESIDENT MARCELLINO: 14 There is no home rule message at the desk. Lay 15 the bill aside. 16 THE SECRETARY: Calendar Number 17 1416, by Senator Maziarz - 18 ACTING PRESIDENT MARCELLINO: The 19 bill is high. Lay it aside. 20 THE SECRETARY: Calendar Number 21 1417, by Senator Tully, Senate Print 5267, an 22 act to amend the Nassau County Civil Divisions 23 Act, in relation to the qualifications of 10502 1 voters. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 59. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1418, by Senator Spano, Senate Print 5290, an 14 act to amend the Real Property Tax Law, in 15 relation to a cooperative real property tax 16 administration system. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 10503 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1419, by Senator Bruno - 6 ACTING PRESIDENT MARCELLINO: 7 There is a home rule message at the desk. 8 THE SECRETARY: -- Senate Print 9 5318, an act to amend the Vehicle and Traffic 10 Law, in relation to authorizing the city of Troy 11 to adopt a residential parking system. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1420, by Senator Trunzo - 10504 1 ACTING PRESIDENT MARCELLINO: 2 Bill is high. Lay it aside. 3 THE SECRETARY: Calendar Number 4 1421, by Senator Larkin, Senate Print 5349, an 5 act to amend Chapter 708 of the Laws of 1992. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1422, by Senator Nozzolio, Senate Print 5376, an 18 act to amend Chapter 754 of the Laws of 1985. 19 ACTING PRESIDENT MARCELLINO: 20 There is a home rule message at the desk. Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 10505 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1423, by Senator Larkin, Senate Print 5382, an 9 act in relation to the real property tax levied 10 for library purposes. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1424, by Senator Goodman, Senate Print 5389, an 23 act to authorize the conveyance of certain lands 10506 1 to the Brooklyn Academy of Music, Incorporated. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 59. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1425, by Senator - 14 SENATOR PRESENT: Lay it aside 15 temporarily. 16 ACTING PRESIDENT MARCELLINO: Lay 17 the bill aside temporarily. 18 THE SECRETARY: Calendar Number 19 1426, by the Senate Committee on Rules, Senate 20 Print 5394, an act to amend the Public Health 21 Law, in relation to utilization review agents. 22 SENATOR PATERSON: Lay it aside, 23 please. 10507 1 ACTING PRESIDENT MARCELLINO: Lay 2 it aside. 3 THE SECRETARY: Calendar Number 4 1427, by Senator Skelos, Senate Print 5396-A, an 5 act - 6 SENATOR PATERSON: The bill is 7 high. Lay it aside. 8 THE SECRETARY: Calendar Number 9 1428, by Senator Nozzolio - 10 ACTING PRESIDENT MARCELLINO: The 11 bill is high. Lay it aside. 12 THE SECRETARY: Calendar Number 13 1429, by the Senate Committee on Rules, Senate 14 Print 5404 - 15 SENATOR PATERSON: Lay it aside. 16 ACTING PRESIDENT MARCELLINO: Lay 17 the bill aside, please. 18 THE SECRETARY: Calendar Number 19 1430, by Senator Holland, Senate Print 5418, an 20 act to amend the Public Health Law, in relation 21 to authorizing the Mid-Hudson Emergency Medical 22 Service Council. 23 ACTING PRESIDENT MARCELLINO: 10508 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 59. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1431 - 12 ACTING PRESIDENT MARCELLINO: The 13 bill is high. Lay it aside. 14 THE SECRETARY: Calendar Number 15 1432, by Senator Levy, Senate Print 5427, an act 16 to amend the Vehicle and Traffic Law, in 17 relation to escort vehicle driver requirements. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Present. 20 SENATOR PRESENT: Is there a 21 message of necessity at the desk on this bill? 22 ACTING PRESIDENT MARCELLINO: 23 There is a message of necessity at the desk, 10509 1 Senator. 2 SENATOR PRESENT: I move that we 3 accept the message. 4 ACTING PRESIDENT MARCELLINO: All 5 in favor aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The message is accepted. 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on January 1. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1433, by Senator Rath - 21 ACTING PRESIDENT MARCELLINO: The 22 bill is high. Lay it aside. 23 ACTING PRESIDENT MARCELLINO: 10510 1 Senator Present -- Senator Gold. 2 SENATOR GOLD: Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Yes, Senator Gold. 5 SENATOR GOLD: I understand that 6 the bill is being laid aside as being high, but 7 I would want to alert the Majority that - 8 ACTING PRESIDENT MARCELLINO: 9 Senator Gold, which bill are you referring to, 10 the last one read? 11 SENATOR GOLD: Yeah, 1433. I 12 would like to alert the Majority that at first 13 blush there seems to be a question as to the 14 propriety of the legislation since it indicates 15 it was introduced June 14th, which was yesterday 16 at the request of the Governor and the rules 17 that were promulgated by the Majority, I 18 believe, would be violated by this piece of 19 legislation and I know how serious Senator Bruno 20 is about this -- God bless you -- about - 21 ACTING PRESIDENT MARCELLINO: 22 Excuse me, Senator Gold. Excuse me one second. 23 Please. I'm sorry. 10511 1 SENATOR GOLD: I just wanted to 2 point that out, since we're not dealing with the 3 bill, it may not be an issue, but if the bill 4 does come up again, it might very well become an 5 issue. 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Skelos, why do you rise? 9 SENATOR SKELOS: Just in a polite 10 response, I believe there's one major differ 11 ence. We have a new administration that came 12 into office in January, a new administration in 13 place. I believe Senator Dollinger has been in 14 place for about two -- two years, six months and 15 15 days, not that we're counting, Senator 16 Dollinger, and I think we should have a little 17 flexibility with the new administration, 18 understanding that it's a first-time budget, 19 first-time session, and we're just trying to 20 cooperate with the new administration. 21 SENATOR GOLD: Mr. President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Gold. 10512 1 SENATOR GOLD: Senator Skelos 2 said that he would be polite. I was shocked to 3 hear that. I can't imagine him being anything 4 but polite. So let it be with Caesar. 5 ACTING PRESIDENT MARCELLINO: The 6 record will read that Senator Gold thinks that 7 Senator Skelos is polite at all times. 8 SENATOR GOLD: Mr. President, I 9 don't know how Senator Dollinger gets into this. 10 ACTING PRESIDENT MARCELLINO: He 11 gets into everything, Senator. 12 SENATOR GOLD: That poor man has 13 been exemplary today. We went in at 10:00 14 o'clock. I have seen a cooperative, 15 distinguished, bright, alert gentleman from 16 Rochester and I don't know why he gets brought 17 into this. You always look for a target, I 18 don't know why, but the bottom line is, Mr. 19 President, I don't have with me any records on 20 Mario Cuomo or any records on Hugh Carey or 21 Malcolm Wilson or Nelson Rockefeller, but I 22 think that program bills went in all along. If 23 George Pataki didn't do it, that's okay, I don't 10513 1 -- I think he's in the press every day taking 2 credit for things which is fine anyway, but all 3 I'm saying, Senator Skelos, is that you control 4 the rules. If you want to amend the rules, I'm 5 not telling you I would oppose an intelligent 6 amendment to the rules. I'm not even saying, 7 Senator Skelos, I would oppose a motion to 8 suspend the rules if it was appropriate. 9 All I'm saying, Senator Skelos, 10 is that if it turns out that you want to deal 11 with this bill, it might very well be in 12 violation of existing rules, and I know that 13 that would give Senator Bruno a rash and I 14 wouldn't want that to happen. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Present, what's your pleasure? 17 SENATOR PRESENT: Mr. President, 18 can we return to the original calendar, 425. 19 ACTING PRESIDENT MARCELLINO: The 20 Secretary will read Calendar Number 425. 21 THE SECRETARY: Calendar Number 22 425, by Senator Saland, Senate Print 2113-B, an 23 act to amend the Family Court Act, in relation 10514 1 to authorizing the court to permit a petitioner. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Present. 4 SENATOR PRESENT: Is there a 5 message of necessity at the desk? 6 ACTING PRESIDENT MARCELLINO: 7 Yes, Senator Present, there is a message of 8 necessity at the desk. 9 SENATOR PRESENT: I move that we 10 accept the message. 11 ACTING PRESIDENT MARCELLINO: All 12 those in favor of accepting the message of 13 necessity vote aye. 14 (Response of "Aye".) 15 Those opposed. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 12. This 21 act shall take effect on the 90th day after it 22 shall have become a law. 23 ACTING PRESIDENT MARCELLINO: 10515 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 can we take up Calendar Number 607. 9 ACTING PRESIDENT MARCELLINO: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 607, by Senator Saland, Senate Print 3918-A, an 13 act to amend the Public Housing Law, in relation 14 to creating the town of Patterson Housing 15 Authority. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 is there a message of necessity at the desk on 20 Calendar Number - 21 ACTING PRESIDENT MARCELLINO: 22 Yes, there is, Senator. 23 SENATOR PRESENT: I move that we 10516 1 accept the message. 2 ACTING PRESIDENT MARCELLINO: 3 Move to accept the message of necessity. All 4 those in favor say aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The message is accepted. 9 Read the last section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 Senator Leibell. 19 SENATOR LEIBELL: Abstain. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Leibell abstains, without objection. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 10517 1 can we take up Calendar Number 543. 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read Calendar 543. 4 THE SECRETARY: Calendar Number 5 543, by Senator Lack, Senate Print 1465-B, an 6 act in relation to the real property tax 7 assessed by the town of Smithtown. 8 SENATOR PRESENT: Mr. President, 9 is there a message of necessity at the desk? 10 ACTING PRESIDENT MARCELLINO: 11 Yes, Senator Present, there is. 12 SENATOR PRESENT: I move that we 13 accept the message. 14 ACTING PRESIDENT MARCELLINO: All 15 those in favor of accepting the message of 16 necessity signify by saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The message is accepted. 21 Read the last section, please. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 10518 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 Senator Present, we have some 8 housekeeping at the desk. Why don't we take 9 that up. 10 SENATOR PRESENT: Take up the 11 housekeeping. 12 ACTING PRESIDENT MARCELLINO: The 13 Chair recognizes Senator DiCarlo. 14 SENATOR DiCARLO: Mr. President, 15 on behalf of Senator Levy, I wish to call up his 16 bill, Print 4985-A, recalled from the Assembly 17 which is now at the desk. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 875, by Senator Levy, Senate Print 4985-A, an 22 act to amend the Transportation Law. 23 SENATOR DiCARLO: Mr. President, 10519 1 I now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 59. 8 SENATOR DiCARLO: Mr. President, 9 I now offer the following amendments. 10 ACTING PRESIDENT MARCELLINO: The 11 amendments accepted. The house will come to 12 order. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 can we take up Calendar Number 993. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will -- the Clerk will read Calendar 18 Number 993. 19 THE SECRETARY: Calendar Number 20 993, by Senator Leibell, Senate Print 5009, an 21 act to amend the Administrative Code of the city 22 of New York, in relation to access to correct 23 housing maintenance code violation. 10520 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT MARCELLINO: 5 Explanation has been asked for, Senator Leibell. 6 SENATOR LEIBELL: This is the one 7 we did the other day, Senator. I would repeat 8 the explanation I gave the other day. We had 9 gone through an extensive discussion on this 10 issue. To confer jurisdiction upon the housing 11 part of the New York City Civil Court to 12 entertain applications for landlords for orders 13 requiring tenants to provide access to their 14 apartments when such access is necessary to 15 permit the owner to correct violations. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Paterson. 18 SENATOR PATERSON: Thank you. 19 I just wanted to put on the 20 record that we had discussed this bill the other 21 day, Senator Leibell and myself, and due to the 22 lateness of the session, I'm sure that there are 23 bills we haven't gone through the first time so 10521 1 we don't need any summer reruns from myself and 2 Senator Leibell, and so you can read the last 3 section, Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MARCELLINO: 12 Please indicate the vote when the votes are 13 tabulated. 14 SENATOR GOLD: Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Gold, to explain your vote, sir? 17 SENATOR GOLD: Yeah. I don't 18 want to slow this up any more than our 19 distinguished Deputy Minority Leader, but I 20 think for people who may be listening but not in 21 the chamber, this is legislation which Senator 22 Paterson and I think myself the other day 23 pointed out does not really leave a level 10522 1 playing field, because while it does take into 2 consideration - 3 ACTING PRESIDENT MARCELLINO: 4 Excuse me, Senator Gold. Please, ladies and 5 gentlemen, you can just about hear him up here. 6 Senator Gold. 7 SENATOR GOLD: While it does take 8 into consideration a problem on the landlord 9 part of this equation, it does not really take 10 into account the problems it will be causing for 11 the tenant population. It does not, for 12 example, really require the landlord to do 13 enough in advance before they take someone away 14 from employment, et cetera, et cetera. So for 15 those people who may have had to leave the 16 chamber for a short period of time and may be 17 listening, this am the bill, that's the problem. 18 I vote in the negative. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Gold will be recorded in the negative. 21 State the results when you have them. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 993 are Senators 10523 1 Abate, Babbush, Connor, Gold, Gonzalez, 2 Markowitz, Montgomery, Padavan, Paterson, 3 Solomon; also Senator Onorato; also Senator 4 Oppenheimer; also Senator Goodman; also Senator 5 Velella. 6 ACTING PRESIDENT MARCELLINO: 7 Senator DiCarlo. 8 THE SECRETARY: Also, Senator 9 DiCarlo. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Spano. 12 THE SECRETARY: And Senator 13 Spano. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Maltese. 16 THE SECRETARY: Also, Senator 17 Maltese. Ayes 42, nays 17. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 Senator Present. 21 SENATOR PRESENT: Can we take up 22 Calendar 1426. 23 ACTING PRESIDENT MARCELLINO: 10524 1 Clerk will read Calendar 1426. 2 THE SECRETARY: Calendar Number 3 1426, by the Committee on Rules, Senate Print 4 5394, an act to amend the Public Health Law, in 5 relation to regulating utilization review 6 agencies. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section, please. 9 SENATOR PATERSON: Explanation. 10 ACTING PRESIDENT MARCELLINO: 11 Explanation has been called for. Senator Hannon 12 will give it. Senator Hannon. 13 SENATOR HANNON: Yes, Mr. 14 President. A couple of days ago we passed a 15 bill that would apply the same type of 16 utilization review standards just to health 17 maintenance organizations. Now, the point was 18 made that these universal standards ought to 19 apply across the board to entities or employers 20 that provide all health care services including 21 the preferred provider organizations, third 22 party programs that provide health care 23 services, insurers under Articles 32, 42 or 43 10525 1 of the Insurance Law, HMOs, and a couple of 2 others, and then we have exclusions for things 3 that might well be excluded that are contained 4 in page 2 of the bill. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect - 9 ACTING PRESIDENT MARCELLINO: 10 Senator Paterson. Excuse me. 11 SENATOR PATERSON: Mr. President, 12 this bill involves review of the utili... 13 utilization review agents who are the ones who 14 determine whether or not these claims are going 15 to be paid out. I know that you've had this 16 bill on for a couple of years, Senator Hannon. 17 Is there any chance that this is going to be 18 negotiated? 19 ACTING PRESIDENT MARCELLINO: 20 Senator Hannon, do you yield for a question? 21 SENATOR HANNON: Yes, I do. 22 This -- in one major sense, this 23 utilization review here is fundamentally 10526 1 different than the past approaches. The past 2 approaches were all home grown TAG regulation of 3 the state and looking just to use the exist... 4 the standards that would be imposed by the 5 state, the Department of Health. 6 What this seeks to do is to use 7 the national standards, URAC, it's a 8 not-for-profit organization at the national 9 level that has come up with utilization review 10 and it really applies in a couple of different 11 ways. One is as providing a system for the 12 customer to appeal in the event that procedures 13 they feel ought to be granted are not granted. 14 Second, there would be a system 15 for the physician to appeal in case something 16 should be given to one of their patients that's 17 not given. 18 Third, it is a way for people 19 providing the care to take a uniform look at the 20 types of care that's being given and it also 21 goes beyond that, to provide for standards of 22 confidentiality, standards of quality, so it's a 23 much broader approach, and it's a whole - 10527 1 fundamentally, this would be a different bill 2 than you've seen in the past. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 59. 11 ACTING PRESIDENT MARCELLINO: 12 This bill is passed. 13 Just to let everyone know we're 14 awaiting some information. Let the record 15 reveal that this never occurred when Senator 16 Kuhl was in the chair. 17 SENATOR GOODMAN: Mr. President, 18 may I inquire? 19 ACTING PRESIDENT MARCELLINO: 20 Senator Goodman, why do you rise? 21 SENATOR GOODMAN: Have you taken 22 measures to brace the handle on that gavel 23 because I fear, even if you tap it gently, it 10528 1 will be under enormous strain. 2 ACTING PRESIDENT MARCELLINO: 3 Sir, this gavel is well reinforced. 4 SENATOR GOODMAN: Thank you, 5 sir. Mr. Chairman. 6 SENATOR STAVISKY: Mr. President, 7 are we - 8 ACTING PRESIDENT MARCELLINO: 9 We're in a brief pause. 10 Senator Stavisky will be 11 recognized. Will the chamber please come to 12 order. 13 SENATOR STAVISKY: Without 14 objection, may I be recorded in the negative on 15 Calendar Number 993? 16 ACTING PRESIDENT MARCELLINO: 17 Senator Stavisky will be recorded in the 18 negative on Calendar - 19 SENATOR STAVISKY: 993. 20 ACTING PRESIDENT MARCELLINO: 21 993. Senator Waldon, why do you rise? 22 SENATOR WALDON: Senator, without 23 objection, if there is none, in the negative on 10529 1 Calendar 993. 2 ACTING PRESIDENT MARCELLINO: 3 Without objection, so ordered. 4 Senator Present? 5 Senator Trunzo. 6 SENATOR TRUNZO: Mr. President, 7 1409, I understand there was a slow roll call. 8 I was not in the chamber at the time. Had I 9 been there, I would have been recorded in the 10 affirmative. 11 ACTING PRESIDENT MARCELLINO: The 12 record will reflect that had you been in the 13 chamber at the time, you would have been 14 recorded in the affirmative. 15 SENATOR TRUNZO: Thank you. 16 SENATOR PRESENT: Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 can we take up Calendar 1429. 21 ACTING PRESIDENT MARCELLINO: The 22 clerk will read Calendar Number 1429. 23 SENATOR PRESENT: Mr. President, 10530 1 that's on Senate Supplemental Calendar Number 2 2. 3 THE SECRETARY: Calendar Number 4 1429, by the Senate Committee on Rules, Senate 5 Print 5404, an act to amend the Public 6 Authorities Law and the Education Law, in 7 relation to providing for the financing and 8 construction of capital facilities. 9 SENATOR PATERSON: Explanation, 10 please. 11 ACTING PRESIDENT MARCELLINO: An 12 explanation has been asked for by the Minority 13 Leader. 14 SENATOR PRESENT: Mr. President, 15 this would allow school districts outside the 16 city of New York to finance their school 17 construction individually or collectively 18 through the Dormitory Authority. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Paterson? Senator Stachowski. 21 SENATOR STACHOWSKI: If the 22 Senator would yield for a question, please. 23 ACTING PRESIDENT MARCELLINO: 10531 1 Senator Present, do you yield to Senator 2 Stachowski? 3 SENATOR PRESENT: Yes, sir. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Stachowski, Senator Present yields. 6 SENATOR STACHOWSKI: Would the 7 rehab and the reconstruction, for example, of 8 Buffalo and the other cities other than the city 9 of New York, where the schools are older and 10 sort of in bad shape, would that all qualify for 11 this funding also? 12 SENATOR PRESENT: Yes, they would 13 be eligible. 14 SENATOR STACHOWSKI: If the 15 Senator would continue to yield. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Present, do you continue to yield? 18 SENATOR PRESENT: Yes. 19 ACTING PRESIDENT MARCELLINO: He 20 continues to yield, sir. 21 SENATOR STACHOWSKI: I would 22 think that would be a rather high proposition 23 and is there a ceiling on how much Dormitory 10532 1 Authority money we're going to be allowed to use 2 for this particular program, or is there a 3 problem with how much they make available or is 4 the sky the limit, so to speak, on which schools 5 can come in and get rehab'ed and - 6 SENATOR PRESENT: They'll all be 7 by bonding that the schools will be doing any 8 way. They'll bond through the Dormitory 9 Authority, but there will be no limit on it, no 10 cap. 11 SENATOR STACHOWSKI: Well, if the 12 Senator would yield for one more question then. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Present, do you continue to yield? 15 SENATOR PRESENT: I'll try. 16 ACTING PRESIDENT MARCELLINO: 17 He'll try. 18 SENATOR STACHOWSKI: Tell me if 19 I'm right or wrong on this. The schools will 20 decide what they want to fix. They'll use 21 Dormitory Authority bonding and then they will 22 be paying it back, the school district will be 23 paying it back; that's how it works? 10533 1 SENATOR PRESENT: Exactly. 2 SENATOR STACHOWSKI: Thank you. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Paterson. 5 SENATOR PATERSON: Mr. President, 6 if Senator Present would yield for just a couple 7 of questions. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Present, do you yield to Senator 10 Paterson? 11 SENATOR PRESENT: Yes. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Present yields, sir. 14 SENATOR PATERSON: Senator, we're 15 talking about the bonding for the rest of the 16 state and Senator Stachowski was talking about 17 the big four. We recognize that New York City 18 is not included because of the School 19 Construction Authority, but the School 20 Construction Authority doesn't allow for any 21 bonding, and my question is does -- how would we 22 allow New York City to receive the same bonding 23 capability that the rest of the state has? 10534 1 SENATOR PRESENT: Senator 2 Paterson, I'm told the city of New York is able 3 to bundle, because of the large school district 4 is able to bundle it and do their bonding 5 collectively within the city. This will allow 6 those school districts outside the city to do 7 similar through the Dormitory Authority. 8 SENATOR PATERSON: They don't - 9 they don't bond. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Present, do you continue to yield? He 12 yields, sir. 13 SENATOR PATERSON: They don't 14 bond through the School Construction Authority? 15 Can you explain to me how they bond 16 collectively? 17 SENATOR PRESENT: They bond 18 through the City, the end -- the school district 19 gets the advantage of the size of the city. 20 SENATOR PATERSON: Oh, I 21 understand now what you're saying. Hold on a 22 minute. 23 SENATOR PRESENT: Sure. 10535 1 SENATOR PATERSON: I -- Mr. 2 President. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Paterson. 5 SENATOR PATERSON: What concerns 6 us -- on the bill. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Paterson, on the bill. 9 SENATOR PATERSON: Those same 10 opportunities for bonding that the -- that the 11 districts would have, even if this bill did not 12 exist so, in other words, all would be included 13 as in any other city, but what we're saying in 14 this particular piece of legislation is that now 15 they're going to be -- outside New York City 16 they're going to be able to bond directly and 17 they're going to be able to do it through this 18 -- this type of financing, but New York City 19 doesn't have it. 20 I have one last question if 21 Senator Present - 22 ACTING PRESIDENT MARCELLINO: 23 Senator Present, do you yield for one last 10536 1 question? 2 SENATOR PRESENT: I don't think 3 the last one was a question. O.K. 4 ACTING PRESIDENT MARCELLINO: He 5 yields. 6 SENATOR PATERSON: This question 7 is the last question. Does the adoption of this 8 resolution in any way affect the Wicks Law? 9 SENATOR PRESENT: This will give 10 school districts the ability to participate in 11 the same options as given to the city school 12 districts of New York. 13 SENATOR PATERSON: O.K. Thank 14 you, Senator. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 16. This 18 act shall take effect - 19 ACTING PRESIDENT MARCELLINO: 20 Senator Paterson. 21 SENATOR PATERSON: Mr. President, 22 just to explain my vote. 23 ACTING PRESIDENT MARCELLINO: 10537 1 Senator Paterson to explain his vote. 2 SENATOR PATERSON: I'm getting 3 the impression from that answer that Senator 4 Present gave that these districts that -- in 5 this fashion, they would actually be exempt from 6 the Wicks Law, and I'm going to have to vote 7 no. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Paterson will be voting no. Read the 10 last section. 11 Senator Abate. 12 SENATOR ABATE: To be recorded in 13 the negative. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Abate in the negative. Senator Stavisky 16 in the negative. Give the vote when tabulated. 17 Senator Paterson negative, Senator Connor 18 negative. 19 Can we read the last section? 20 THE SECRETARY: Section 16. This 21 act shall take effect on the first day of July. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 10538 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 56, nays 3, 3 Senators Abate, Paterson and Stavisky recorded 4 in the negative. 5 ACTING PRESIDENT MARCELLINO: I 6 believe Senator Connor wanted to be recorded in 7 the negative too on that. 8 THE SECRETARY: Also Senator 9 Connor. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 can we take up the non-controversial calendar on 15 Supplemental Active List of Thursday, June 15, 16 1955. 17 ACTING PRESIDENT MARCELLINO: The 18 clerk will read the non-controversial calendar, 19 the Supplemental Active List starting with 20 Number 42. 21 THE SECRETARY: Calendar Number 22 42, by Senator Nozzolio, Senate Print 580A, an 23 act to amend the Public Authorities Law and the 10539 1 Executive Law, in relation to creating the 2 Cayuga County Water and Sewer Authority. 3 ACTING PRESIDENT MARCELLINO: 4 There is a message. I'm sorry. 5 SENATOR PRESENT: Mr. President, 6 I understand there is a message at the desk. I 7 move we accept it. 8 ACTING PRESIDENT MARCELLINO: You 9 read my line, sir. There is a message at the 10 desk. All in favor say aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The message is accepted. Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll. 21 THE SECRETARY: Ayes 59. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 10540 1 THE SECRETARY: Calendar Number 2 335, by Senator Kuhl, Senate Print 3667A, an act 3 to amend the Agriculture and Markets Law, in 4 relation to agricultural commodities. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 59. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 492, by Senator Stafford, Senate Print 3808, an 17 act to amend the Public Authorities Law, in 18 relation to empowering the Olympic Regional 19 Development Authority. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 60th day. 10541 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 581, by Senator Trunzo, Senate Print 3755A, an 9 act to amend the Vehicle and Traffic Law, in 10 relation to the use of head lamps and flashers. 11 ACTING PRESIDENT MARCELLINO: 12 Please read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 1st day of January. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll, please. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 738, by Senator Goodman, Senate Print 3418, an 23 act to amend the Town Law, in relation to 10542 1 providing for the election of a third town 2 justice. 3 ACTING PRESIDENT MARCELLINO: 4 Will the clerk please read the title of Calendar 5 Number 738 once again. 6 THE SECRETARY: Calendar Number 7 738, by Senator Goodman, Senate Print 3418, an 8 act to amend the Administrative Code of the city 9 of New York in relation to the repayment of 10 outstanding debts. 11 ACTING PRESIDENT MARCELLINO: 12 There is a home rule message at the desk. 13 Please read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 180th day after it 16 shall have become a law. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 59. 21 ACTING PRESIDENT MARCELLINO: 22 This bill is finally passed. 23 THE SECRETARY: Calendar Number 10543 1 739, by Senator Goodman, Senate Print 3419, an 2 act to amend the General City Law and others, in 3 relation to authorizing the establishment of the 4 New York City Tribunal. 5 ACTING PRESIDENT MARCELLINO: 6 There is a home rule message at the desk. Read 7 the last section, please. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 744, by Senator Marchi, Senate Print 3842A, an 18 act authorizing the city of New York to release 19 its interest in certain real property acquired 20 by in rem tax foreclosure in the borough of 21 Staten Island. 22 ACTING PRESIDENT MARCELLINO: 23 There is a home rule message at the desk. 10544 1 Please read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 59. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 763, by Senator Leichter, Senate Print 2286B, an 12 act to amend the Judiciary Law, in relation to 13 judicial proceedings held on certain religious 14 holy days. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 59. 23 ACTING PRESIDENT MARCELLINO: The 10545 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1295, by Senator Waldon, Senate Print 1059, an 4 act authorizing the city of New York to reconvey 5 its interest in certain real property acquired 6 by in rem tax foreclosure in the borough of 7 Queens. 8 ACTING PRESIDENT MARCELLINO: We 9 have a home rule message at the desk. Please 10 read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT MARCELLINO: The 18 calendar, if you're reading the supplemental 19 list, Calendar Number 1319, S. 5352, passed 20 previously, so we'll skip over that. 21 The bill is passed, the previous 22 bill. 23 THE SECRETARY: Calendar Number 10546 1 1338, by Senator Connor, Senate Print 5001, an 2 act authorizing the city of New York to reconvey 3 its interest in certain real property acquired 4 by in rem tax foreclosure in the borough of 5 Brooklyn. 6 ACTING PRESIDENT MARCELLINO: 7 There is a home rule message at the desk. 8 Please read the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 Senator Present, why do you rise? 18 SENATOR PRESENT: Mr. President, 19 we're going to have a little lapse of time. Is 20 there any housekeeping that can be handled at 21 this time? 22 ACTING PRESIDENT MARCELLINO: We 23 may have some in a moment, sir. Hold on for a 10547 1 second. 2 Senator Trunzo. 3 SENATOR TRUNZO: Mr. President, 4 can we please remove the star on Calendar Number 5 600, Print Number 2920. 6 ACTING PRESIDENT MARCELLINO: So 7 ordered. 8 Senator Montgomery, why do you 9 rise? 10 SENATOR MONTGOMERY: Yes, Mr. 11 President. I would like unanimous consent to be 12 recorded in the negative on Calendar 1429. 13 ACTING PRESIDENT MARCELLINO: So 14 ordered. Thank you. 1429. 15 Senator Santiago, why do you 16 rise? 17 SENATOR SANTIAGO: Mr. President, 18 I would like the record to show if I had been in 19 the chamber when 1409 was called, I would have 20 been recording in the negative. 21 ACTING PRESIDENT MARCELLINO: The 22 record will reflect, Senator, that if you had 23 been in the chamber when the roll call was made, 10548 1 you would have been in the negative on 1409. 2 SENATOR SANTIAGO: Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Senator. 5 SENATOR SANTIAGO: Mr. President, 6 I would also like to be in the negative on 7 Calendar Number 993. 8 ACTING PRESIDENT MARCELLINO: 9 993, Senator Santiago will be recorded in the 10 negative. 11 SENATOR SEWARD: Mr. President. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Seward. 14 SENATOR SEWARD: Yes. I would 15 ask unanimous consent to be recorded in the 16 negative on Calendar Number 581. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Seward, without objection, will be 19 recorded in the negative on Calendar 581. 20 SENATOR SEWARD: And also, Mr. 21 President, on Calendar Number 1409 which passed 22 earlier today on a slow roll call, I was 23 unavoidably out of the chamber, and I would ask 10549 1 that the record reflect that had I been in the 2 chamber, I would have voted in the affirmative. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Seward, the record will reflect, had you 5 been in the chamber when 1409 was called, you 6 would have been voting in the affirmative. 7 SENATOR SEWARD: Thank you. 8 SENATOR FARLEY: Mr. President. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Farley, why do you rise? 11 SENATOR FARLEY: I'd like to be 12 in the negative on 581. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Farley would like to be recorded in the 15 negative on Calendar Number 581. 16 Senator Seward, the Chair 17 recognizes you. 18 SENATOR SEWARD: Yes, Mr. 19 President. I move, on behalf of Senator Levy, I 20 move to amend Senate Number 4985B by striking 21 out the amendments made on June 15th and 22 restoring it to its previous Print Number 23 4985A. 10550 1 ACTING PRESIDENT MARCELLINO: 2 Amendments received and accepted. 3 SENATOR SEWARD: The Senate bill 4 on its first passage was voted unanimously. I 5 now move that the amended bill have its third 6 reading at this time. 7 ACTING PRESIDENT MARCELLINO: 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 875, by Senator Levy, Senate Print Number 4985A, 11 an act to amend the Transportation Law, in 12 relation to the investigation of accidents. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 59. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 SENATOR PRESENT: Mr. President. 10551 1 ACTING PRESIDENT MARCELLINO: 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 I think it will be a few moments before we have 5 any action here, so we'll stand at ease. 6 ACTING PRESIDENT MARCELLINO: 7 Senate will stand at ease for a few moments. 8 (Whereupon at 6:46 p.m., the 9 Senate stood at ease until 7:12 p.m.) 10 ACTING PRESIDENT HOBLOCK: The 11 house will come to order. Senator Kuhl. 12 SENATOR KUHL: Yes, Mr. 13 President. If we could return to the first 14 calendar of the day, Calendar Number 66, and you 15 could ask the Secretary to call up Calendar 16 Number 957. 17 ACTING PRESIDENT HOBLOCK: 18 Secretary return to the original calendar and 19 call Calendar Number 957. 20 THE SECRETARY: Calendar Number 21 957, by Senator Marcellino, Senate Print 4951B, 22 an act to amend the Social Services Law, in 23 relation to child day care. 10552 1 SENATOR KUHL: Mr. President, is 2 there a message of necessity at the desk? 3 ACTING PRESIDENT HOBLOCK: Yes, 4 there is a message of necessity at the desk. 5 SENATOR KUHL: I'd move we accept 6 the message of necessity. 7 ACTING PRESIDENT HOBLOCK: 8 Without objection, the message will be 9 accepted. All those in favor? 10 (Response of "Aye.") 11 Opposed? 12 (There was no response. ) 13 The message is accepted. 14 Senator Paterson, why do you 15 rise? 16 SENATOR PATERSON: I rise in 17 support of voices screaming all over the chamber 18 for an explanation. 19 ACTING PRESIDENT HOBLOCK: 20 Explanation has been asked for, Senator 21 Marcellino. 22 SENATOR MARCELLINO: Yes, Mr. 23 President. 10553 1 This bill amends subdivision (1) 2 of Section 390 of the Social Services Law to add 3 some language requiring one care giver for every 4 two children under two years of age in a group 5 family day care situation. It amends Section 12 6 of 390 and adds family day care to the exemption 7 of single-family homes used for day care from 8 zoning review. It also amends Section 390 (a) 9 to correct a misspelled word and adds a 10 statement with regard to the subsequent courses 11 to be taken after family day care providers 12 receive their initial training. It also amends 13 Section 424 (a) to allow persons screened as 14 substitutes to serve as substitutes for 15 registered day care providers as well as 16 licensed child care centers. 17 ACTING PRESIDENT HOBLOCK: 18 Senator Stachowski, why do you rise? 19 SENATOR STACHOWSKI: If Senator 20 Marcellino would yield to a couple questions. 21 ACTING PRESIDENT HOBLOCK: 22 Senator Marcellino, would you yield? 23 SENATOR MARCELLINO: Yes, I will, 10554 1 sir. 2 SENATOR STACHOWSKI: Senator, 3 when your bill came out, some of the family day 4 care center providers in my district wrote me a 5 letter complaining about -- and I don't know if 6 this is true; I'm going to ask you -- complain 7 ing about one of the things your bill did was 8 let you take a facility that was in the home and 9 have that family day care center locate in an 10 another facility, like another building and they 11 thought all that was doing was circumventing day 12 care regulations where, if it's not going to be 13 in a home setting and going to be in a different 14 facility, then it should be covered by day care 15 center provisions rather than home day care 16 center provisions. 17 I don't know if your bill does 18 that or not. That's what my people told me it 19 does, and so I'm asking you, does it do that or 20 not? 21 SENATOR MARCELLINO: Senator, 22 you're partially correct. The initial writing 23 of the bill did do that. We received the same 10555 1 letters that you received apparently and we have 2 made the corrections and adjustments to this 3 bill, it's my understanding, so that it now has 4 to be in the home of the provider. 5 SENATOR STACHOWSKI: Thank you 6 very much. 7 SENATOR MARCELLINO: And it's 8 also my understanding that the people who were 9 in objection, although we do not have memos from 10 them yet, no longer object. 11 ACTING PRESIDENT HOBLOCK: 12 Senator Stavisky. 13 SENATOR STAVISKY: No, I'm 14 sorry. 15 ACTING PRESIDENT HOBLOCK: Read 16 the last section. 17 SENATOR GOLD: Wait a minute, Mr. 18 President. 19 Mr. President, would the Senator 20 yield to a question? 21 ACTING PRESIDENT HOBLOCK: 22 Senator Gold. Senator Marcellino, do you yield? 23 SENATOR MARCELLINO: No. 10556 1 Senator, with trepidation I yield. 2 SENATOR GOLD: No. Did you say 3 part of what this does was correct some spelling 4 errors? 5 SENATOR MARCELLINO: No, there 6 was a word misspelled. It corrects it. 7 SENATOR GOLD: Was this 8 originally a Nozzolio bill? No, I'm only 9 kidding. 10 SENATOR NOZZOLIO: I rise to a 11 point of high personal privilege. 12 ACTING PRESIDENT HOBLOCK: Read 13 the last section. Oh, Senator Oppenheimer. 14 SENATOR OPPENHEIMER: I'm trying 15 to figure out what is the change here as, 16 Senator Marcellino, it says permits the use of a 17 single-family dwelling for family day care 18 programs. Isn't that what we've always had? 19 Isn't it always what we've had, family 20 residential, single - 21 SENATOR MARCELLINO: I'm sorry, 22 Senator, but I -- I'm sorry. I can not hear 23 you. 10557 1 SENATOR OPPENHEIMER: S-s-sh! 2 S-s-sh! S-s-sh! 3 ACTING PRESIDENT HOBLOCK: Can we 4 have a little order in the chamber, please. 5 SENATOR OPPENHEIMER: I'm unclear 6 as to what the changes are from the present 7 law. This permits the use of a single-family 8 dwelling for day care programs. Isn't that what 9 currently exists, single-family homes? 10 SENATOR MARCELLINO: This -- the 11 original bill, I think we went back to what was 12 the case because the original bill allowed them 13 to go to other dwellings, other situations than 14 the home of the provider, and - 15 SENATOR OPPENHEIMER: Other than 16 the home of the provider. 17 SENATOR MARCELLINO: We went back 18 to the original situation with this bill and 19 further changes thereafter. 20 SENATOR OPPENHEIMER: Can you 21 tell me what prompted the decision to change 22 from other than the provider's home? 23 SENATOR MARCELLINO: Frankly, no, 10558 1 Senator, I really don't know. I believe, 2 Senator, they were trying to clean up some 3 language, some technical language in this 4 thing. They also tried to get around some 5 zoning, local zoning issues so that they 6 couldn't zone them out of existence locally 7 because of some problem with group home 8 situations, and this bill clearly defines the 9 difference between a group home and a family day 10 care by limiting to a maximum of six the number 11 of toddlers and infants that can be in the 12 family situation with one provider, care 13 provider, for every two infants, whereas the 14 group home, as you well know, goes up to ten. 15 SENATOR OPPENHEIMER: Except that 16 under family day care you can have double that 17 number, you can have 12 little children with two 18 providers; that is in the law presently. I'm 19 questioning residential setting. Isn't a 20 residential setting a singly -- single-family 21 dwelling? 22 SENATOR MARCELLINO: Could be. 23 SENATOR OPPENHEIMER: O.K. Well, 10559 1 it looks like a good bill. I was just curious 2 about some of the language. I think part of the 3 problem is that too many of our communities have 4 zoned out family day care. They say it's a 5 business in a residential setting and so, if 6 this clarifies the law, this is a very 7 beneficial bill. 8 SENATOR MARCELLINO: Thank you 9 for your comments, Senator. 10 ACTING PRESIDENT HOBLOCK: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT HOBLOCK: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT HOBLOCK: The 19 bill is passed. 20 Senator Kuhl. 21 SENATOR KUHL: Yes, Mr. 22 President. If we could now go to the 23 Supplemental 2 Calendar and if we could have the 10560 1 Secretary call up Calendar Number 1427. 2 ACTING PRESIDENT HOBLOCK: 3 Supplemental 2 Calendar, Secretary will read 4 Calendar Number 1427. 5 THE SECRETARY: Calendar Number 6 1427, by Senator Skelos, Senate Print 5396A, an 7 act in relation to authorizing service awards 8 for the Lawrence-Cedarhurst Fire Department, 9 Inc. 10 SENATOR KUHL: Mr. President, is 11 there a message of necessity at the desk? 12 ACTING PRESIDENT HOBLOCK: 13 There's a message of necessity at the desk. 14 SENATOR KUHL: I move we accept 15 the message of necessity. 16 ACTING PRESIDENT HOBLOCK: All 17 those in favor, signify by saying aye. 18 (Response of "Aye.") 19 Opposed? 20 (There was no response. ) 21 The message is accepted. Read 22 the last section. 23 THE SECRETARY: Section 3 - 10561 1 Section 7. This act shall take effect 2 immediately. 3 ACTING PRESIDENT HOBLOCK: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 59. 7 ACTING PRESIDENT HOBLOCK: The 8 bill is passed. 9 Senator Kuhl. 10 SENATOR KUHL: Yes. Can we now 11 stand at ease for a few moments, please. 12 ACTING PRESIDENT HOBLOCK: Stand 13 at ease for a few moments. 14 (Whereupon at 7:17 p.m., the 15 Senate stood at ease, reconvening at 7:34 16 p.m.) 17 ACTING PRESIDENT KUHL: Senate 18 will come to order. 19 The Chair recognizes Senator 20 Hoblock. 21 SENATOR HOBLOCK: Mr. President, 22 can we go to the original calendar and call up 23 Calendar 271, Senate Bill 3292A, by Senator 10562 1 LaValle. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title of the Calendar Number 271 4 off of the original calendar. 5 THE SECRETARY: On page 7, 6 Calendar Number 271, by Senator LaValle, Senate 7 Print Number 3292A, an act to amend the 8 Education Law, in relation to procedures for 9 standardized testing. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect September 1st. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Hoblock. 21 SENATOR HOBLOCK: Mr. President, 22 would you please call up Calendar Number 849, 23 Senate Bill 1610A, by Senator Goodman. 10563 1 ACTING PRESIDENT KUHL: Secretary 2 will read the title. 3 THE SECRETARY: Calendar Number 4 849, by Senator Goodman, Senate Print 1610A, an 5 act to amend the Vehicle and Traffic Law, in 6 relation to the civil liability of vehicle 7 owners. 8 ACTING PRESIDENT KUHL: Senator 9 Hoblock. 10 SENATOR HOBLOCK: Mr. President, 11 is there a message at the desk? 12 ACTING PRESIDENT KUHL: The 13 Secretary informs me that there is. 14 SENATOR HOBLOCK: I move that we 15 accept the message. 16 ACTING PRESIDENT KUHL: Motion is 17 to accept the message of necessity at the desk. 18 All those in favor signify by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response. ) 22 The message is accepted. 23 Secretary will read the last section. 10564 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 ACTING PRESIDENT KUHL: Announce 7 the results when tabulated. 8 THE SECRETARY: Ayes 58, nays 1, 9 Senator Padavan recorded in the negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Chair recognizes Senator Wright. 13 SENATOR WRIGHT: Mr. President, I 14 request unanimous consent to be recorded in the 15 negative on Calendar 581, Senate 3755A. 16 ACTING PRESIDENT KUHL: Without 17 objection, hearing no objection, Senator Wright 18 will be recorded in the negative on Calendar 19 Number 581. 20 Senator Hoblock. 21 SENATOR HOBLOCK: Mr. President, 22 I ask unanimous consent that had I been in the 23 chamber yesterday in a slow roll call on 10565 1 Calendar Number 91, Senate Bill Number 973, that 2 I would have voted in the affirmative. 3 ACTING PRESIDENT KUHL: Senator 4 Hoblock, the record will reflect that had you 5 been in the chamber yesterday when the roll call 6 was called on Calendar Number 91, that you would 7 have voted in the affirmative. 8 Senator Hoblock. 9 SENATOR HOBLOCK: Mr. President, 10 would you please call up Calendar 1048, Senate 11 181, by Senator Tully. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the title to Calendar Number 1048. 14 THE SECRETARY: Calendar Number 15 1048, by Senator Tully, Senate Print Number 181, 16 an act to amend the General Municipal Law, in 17 relation to providing coverage for injuries. 18 ACTING PRESIDENT KUHL: There's a 19 home rule message at the desk. Secretary will 20 read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect January 1st. 23 ACTING PRESIDENT KUHL: Call the 10566 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Hoblock. 7 SENATOR HOBLOCK: Mr. President, 8 can we stand at ease for a few moments, please. 9 ACTING PRESIDENT KUHL: The 10 Senate will stand at ease. 11 (Whereupon at 7:37 p.m., the 12 Senate stood at ease until 7:42 p.m.) 13 SENATOR FARLEY: Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Farley, why do you rise? 16 SENATOR FARLEY: I'd like to be 17 recorded in the negative on Calendar Number 271. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, Senator Farley 20 will be recorded in the negative on Calendar 21 Number 271. 22 ...At 7:48 p.m.... 23 ACTING PRESIDENT KUHL: Senate 10567 1 will come to order. 2 The Chair will recognize Senator 3 Nozzolio. 4 SENATOR NOZZOLIO: Thank you, Mr. 5 President. 6 Earlier today I laid aside my 7 bill, Calendar Number 1365, Bill Number S. 8 4252. I wish to withdraw the lay aside and call 9 the matter. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the title of Calendar Number 1365 12 which is on the original calendar of the day. 13 THE SECRETARY: Calendar Number 14 1365, by Senator Nozzolio, Senate print 4252, an 15 act to amend the Alcoholic Beverage Control Law, 16 in relation to regulating the hours of sale by a 17 winery. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President, 22 if you would recognize Senator Solomon. 23 ACTING PRESIDENT KUHL: Senator 10568 1 Solomon. 2 SENATOR SOLOMON: Thank you, Mr. 3 President. 4 I'm not going to ask the sponsor 5 any questions on this. We've been trying to 6 work out a resolution of the problems that face 7 parts of my Senate district and other parts of 8 the state, and I know the sponsor of this bill, 9 along with some other members of the Majority, 10 are committed to trying to resolve those 11 problems and indeed get my piece of legislation 12 out on the floor of this house. 13 I am going to vote in the 14 negative. I'm going to vote against this bill 15 because again, in terms of fairness to a lot of 16 the people in my Senate District who have 17 written to me, petitions have been collected 18 where they have had problems on a regular basis 19 and not on being closed on Saturday and being 20 closed on Sunday and in other instances because 21 Jewish holidays fall on certain other days, they 22 could be closed Saturday, Sunday, and Monday, 23 and Saturday, Sunday, Monday and Tuesday in many 10569 1 instances or Thursday, Friday, Saturday and 2 Sunday, and we basically have a problem of 3 fairness and where this wine will in fact now be 4 sold in certain parts of the city of New York on 5 Sundays. 6 Thank you. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. Excuse me, Senator 9 Paterson. 10 SENATOR PATERSON: Mr. President, 11 I just have one statement on the bill, and it is 12 that I think that this piece of legislation 13 really in many respects diminishes the meaning 14 of having the types of laws that we have about 15 the distribution of alcohol on Sunday. I think 16 there's a special circumstance - 17 ACTING PRESIDENT KUHL: Senator 18 Paterson, apparently we're having a little camp 19 fire over here in the south part of the 20 chamber. 21 SENATOR DOLLINGER: Scoutmaster 22 Gold. 23 ACTING PRESIDENT KUHL: Scout 10570 1 master Gold, if you could help your scouts to 2 find their way to their chairs, I'm sure your 3 colleague, Senator Paterson, would be most 4 appreciative if they would pay their attention 5 to him. 6 O.K. We have lots of business 7 still to do in a fairly short time, so let's see 8 if we can conclude it. 9 Senator Paterson. 10 SENATOR PATERSON: Mr. President, 11 that demonstration is exactly my point. This 12 mirth and frivolity that obviously we're trying 13 to prevent on Sundays, we made an exception in 14 the cases where the wineries, for purposes of 15 commercial development and for purposes also of 16 tourism, can sell their product but once we 17 start allowing them at state fairs or different 18 types of events such and the like, we're going 19 to start getting complaints from parts of the 20 state that don't have them. There will be some 21 similar kind of contingent plan that they will 22 have, and then we're really just going to 23 subjugate the message of not distributing 10571 1 alcohol on Sunday. 2 Now, I suggest that there are two 3 ways to solve that problem. One is to allow it 4 and the other would be not to allow it. Right 5 now the law is that we don't allow it and with 6 the exceptions that we have, that actually exist 7 probably, when we open the door to establish the 8 exceptions, some Senator got up at that time and 9 said, you see, If we do this then they're going 10 to start having them at state fairs. 11 I think that wine distributors 12 who are outside of New York State are actually 13 penalized and aren't really allowed to be in the 14 fair competition really based on the statute 15 that restricts the sale on Sundays, while we're 16 allowing New York State companies that opportun 17 ity based only on the fact that they are from 18 New York State and the type of, I would say 19 religious tenet that's impinging upon the 20 statute really, I think, in many respects, 21 should focus us on not really trying to in any 22 way diminish the meaning of it. 23 If we're not going to have it, we 10572 1 have certainly rolled back a lot of our "blue 2 laws" about Sunday in other areas. Maybe we 3 need to do this with alcohol distribution. If 4 that's the case, then let's do it, but while we 5 are continuing to have it, then I think that the 6 effects must be equal, and I'm going to have to 7 vote no as well. 8 ACTING PRESIDENT KUHL: The Chair 9 recognizes Senator Padavan. 10 SENATOR PADAVAN: I want to 11 record my vote. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 ACTING PRESIDENT KUHL: Announce 20 the results when tabulated. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1365 are 23 Senators Connor, DiCarlo, Gold, Holland, Jones, 10573 1 LaValle, Levy, Marcellino, Onorato, Padavan, 2 Paterson, Skelos, Solomon, Stavisky, Waldon, and 3 Senator Hoblock; also Senator Tully. 4 ACTING PRESIDENT KUHL: Results. 5 THE SECRETARY: Also Senator 6 Farley. Ayes 41, nays 18. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Chair recognizes Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 could I have unanimous consent to be recorded in 12 the negative on Calendar Number 849, Senate 13 1610A. 14 ACTING PRESIDENT KUHL: Without 15 objection, hearing no objection, Senator Skelos 16 will be recorded in the negative on Calendar 17 Number 849. 18 SENATOR GOLD: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Gold, why do you rise? 21 SENATOR GOLD: Yeah. Would 22 Senator Libous yield to a question? 23 ACTING PRESIDENT KUHL: Senator 10574 1 Libous yields. 2 SENATOR GOLD: Senator, are you 3 lost? 4 SENATOR LIBOUS: I'm a great 5 believer in flexibility in life. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Tully. 8 SENATOR TULLY: Yes, Mr. 9 President. May I have unanimous consent to be 10 recorded in the negative on Calendar Number 849, 11 Senate 1610A. 12 ACTING PRESIDENT KUHL: Without 13 objection, hearing no objection, Senator Tully 14 will be recorded in the negative on Calendar 15 Number 849. 16 Chair recognizes Senator 17 Stachowski. 18 SENATOR STACHOWSKI: Mr. 19 President, can I have unanimous consent to be 20 recorded in the negative on Calendar Number 849. 21 ACTING PRESIDENT KUHL: Without 22 objection, hearing no objection, Senator 23 Stachowski will be recorded in the negative on 10575 1 Calendar Number 849. 2 Senator Velella. 3 SENATOR VELELLA: Mr. President, 4 I was out of the chamber when Senate Bill 849, 5 Senate Bill 1610A, was called. I was recorded 6 in the affirmative. I'd like to be recorded in 7 the negative. 8 ACTING PRESIDENT KUHL: Without 9 objection, hearing no objection, Senator Velella 10 will be recorded in the negative on Calendar 11 849. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Mr. President, 14 I apologize, I was out of the chamber. Could I 15 be recorded in the negative on Calendar Number 16 1365, please. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator Maziarz 19 will be recorded in the negative on Calendar 20 Number 1365. 21 Senator Maltese. 22 SENATOR MALTESE: Mr. President, 23 without objection, may I be recorded in the 10576 1 negative on Calendar Number 1365. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator Maltese 4 will be recorded in the negative on Calendar 5 Number 1365. 6 The Chair recognizes Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Thank you, 9 Mr. President. I would like to be recorded in 10 the negative on Calendar Number 1365. 11 ACTING PRESIDENT KUHL: Without 12 objection, hearing no objection, Senator 13 Montgomery will be recorded in the negative on 14 Calendar Number 1365. 15 SENATOR BRUNO: Mr. President. 16 ACTING PRESIDENT KUHL: Will the 17 Senate come to order, please. Chair recognizes 18 Senator Bruno. 19 SENATOR BRUNO: We have an 20 immediate meeting of the Rules Committee in Room 21 332. 22 ACTING PRESIDENT KUHL: There 23 will be an immediate meeting of the Rules 10577 1 Committee in the Majority Conference Room, Room 2 332. Immediate meeting of the Rules Committee 3 in the Majority Conference Room, Room 332. 4 SENATOR BRUNO: And, Mr. 5 President. 6 ACTING PRESIDENT KUHL: Senator 7 Bruno. 8 SENATOR BRUNO: I might note that 9 the purpose of this meeting will be to get the 10 last calendar to the floor. 11 ACTING PRESIDENT KUHL: For those 12 of you who did not hear because of the noise in 13 the chamber, the intended purpose of the Rules 14 Committee is to create the last calendar of the 15 day and of the session. 16 ...At 9:00 p.m.... 17 ACTING PRESIDENT KUHL: The 18 Senate will come to order. Members please find 19 their chairs, staffs please find a place. 20 If you have any conversations to 21 be had, please take them out of the chamber. 22 Chair recognizes Senator Bruno. 23 SENATOR BRUNO: Mr. President, 10578 1 can we return to the reports of standing 2 committees, and I believe there's a report from 3 the Rules Committee, and ask that it now be 4 read. 5 ACTING PRESIDENT KUHL: We'll 6 return to the reports of standing committees. 7 There is a report of the Rules Committee at the 8 desk. I'll ask the Secretary to read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 180B, by Senator 13 Tully, an act to amend the General Municipal 14 Law, in relation to service award programs; 15 598A, by Senator Holland, an act 16 to amend the Real Property Tax Law, in relation 17 to a proceeding; 18 1020, by Senator Johnson, an act 19 to amend the Environmental Conservation Law, in 20 relation to the acceptance of used oil; 21 1242, by Senator Onorato, an act 22 to amend the Penal Law, in relation to making 23 possession of a lockable folding knife the crime 10579 1 of criminal possession; 2 1617A, by Senator Goodman, an act 3 to amend the Arts and Cultural Affairs Law, in 4 relation to authorizing the award of grants; 5 2132, by Senator Johnson, an act 6 to amend the Environmental Conservation Law, in 7 relation to stewardship agreements; 8 2149B, by Senator Spano, an act 9 to amend the Environmental Conservation Law, in 10 relation to authorizing certain wildlife rehab 11 ilitators; 12 2542B, by Senator Hannon, an act 13 to amend the General Municipal Law, in relation 14 to prompt payment; 15 2880A, by Senator Lack, an act to 16 amend the Judiciary Law, in relation to juror 17 compensation; 18 2981A, by Senator Velella, an act 19 to amend the General Business Law, in relation 20 to advertising the square footage; 21 3182A, by Senator Wright, an act 22 to amend the Environmental Conservation Law, in 23 relation to special beaver management areas; 10580 1 3320, by Senator Maltese, an act 2 to amend the Penal Law, in relation to false 3 reporting of incidents; 4 3335, by Senator Velella, an act 5 to amend the Real Property Law, in relation to 6 rights of tenants organizations; 7 3396A, by Senator Velella, an act 8 to amend the Vehicle and Traffic Law, in 9 relation to the adjudication of parking 10 infractions; 11 3440B, by Senator Velella, an act 12 to amend the Vehicle and Traffic Law, in 13 relation to reports required upon accident; 14 3450A, by Senator Skelos, an act 15 to amend the Civil Practice Law and Rules, in 16 relation to the method of commencing an action; 17 4315A, by Senator Hannon, an act 18 to amend the Public Authorities Law, in relation 19 to the powers and duties of the Power Authority 20 of the state of New York; 21 4395A, by Senator Seward, an act 22 to amend the Highway Law, in relation to 23 designating a portion of the state highway 10581 1 system; 2 4651, by Senator Waldon, an act 3 authorizing the city of New York to reconvey its 4 interest in certain real property; 5 4679A, by Senator Lack, an act to 6 amend the Surrogate's Court Procedure Act, in 7 relation to when service of process upon an 8 infant is completed; 9 5317, by Senator Bruno, an act in 10 relation to authorizing the city of Troy, county 11 of Rensselaer, to establish and operate a 12 municipal ambulance service; 13 5325, by Senator Cook, an act to 14 amend the Insurance Law, in relation to delaying 15 community rating; 16 5350, by Senator Sears, an act 17 making certain findings and determinations with 18 respect to the establishment and consolidation 19 of various water districts; 20 5398, by Senator Goodman, an act 21 to amend the General Business Law, in relation 22 to delinquent accounts; 23 5405, by Senator Kuhl, an act to 10582 1 amend the Alcoholic Beverage Control Law, in 2 relation to a certain exemption from provisions 3 relating; 4 5415, by the Senate Committee on 5 Rules, an act to amend the Tax Law, the General 6 City Law and the Administrative Code of the city 7 of New York, in relation to the imposition of 8 certain taxes; 9 5416, by the Senate Committee on 10 Rules, an act to amend the Tax Law and Chapter 11 272 of the Laws of 1991, amending the Tax Law; 12 5417, by the Senate Committee on 13 Rules, an act to amend the Local Finance Law, in 14 relation to the sale of bonds and notes; 15 916A, by Senator Goodman, an act 16 authorizing the city of New York to reconvey its 17 interest in certain real property; 18 1349, by Senator Oppenheimer, an 19 act to amend the Executive Law, in relation to 20 information on persons applying to be an 21 auxiliary police officer; 22 1381, by Senator Johnson, an act 23 to amend the Uniform District Court Act and the 10583 1 Uniform City Court Act, in relation to 2 authorizing such courts; 3 1461A, by Senator Goodman, an act 4 to amend the Vehicle and Traffic Law, in 5 relation to unlicensed and fraudulent operators; 6 5305, by Senator Velella, an act 7 in relation to authorizing the public sale of 8 taxicab licenses in the city of New York; 9 5369, by Senator Stafford, an act 10 to amend the Alcoholic Beverage Control Law, in 11 relation to licenses to sell beer and wine; 12 5400, by Senator Padavan, an act 13 to amend the Administrative Code of the city of 14 New York, in relation to amortization of the 15 balance sheet liability; 16 5409A, by Senator Spano, an act 17 to amend Chapter 12 of the Laws of 1995, 18 relating to providing a retirement incentive; 19 5411, by Senator Goodman, an act 20 to amend the Administrative Code of the city of 21 New York, in relation to the rate of regular 22 interest; 23 5472, by Senator Hoblock, an act 10584 1 to amend the Public Authorities Law, in relation 2 to enabling the Dormitory Authority; 3 5478, by the Senate Committee on 4 Rules, an act to amend the Public Authorities 5 Law, in relation to the board of trustees of the 6 Long Island Power Authority. 7 All bills ordered directly for 8 third reading. 9 ACTING PRESIDENT KUHL: Senator 10 Bruno. 11 SENATOR BRUNO: Mr. President, I 12 move that we accept the report of the Rules 13 Committee. 14 ACTING PRESIDENT KUHL: Motion is 15 to accept the report of the Rules Committee. 16 All those in favor signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The Rules report is adopted. 21 Senator Saland, did you want to 22 cast a vote? 23 SENATOR SALAND: Thank you, Mr. 10585 1 President. I would request unanimous consent to 2 -- on Calendar Number 849, to be recorded in 3 the negative. 4 ACTING PRESIDENT KUHL: Without 5 objection, hearing no objection, Senator Saland 6 will be recorded in the negative on Calendar 7 Number 849. 8 Senator Bruno. 9 SENATOR BRUNO: Mr. President, I 10 ask at this time that we take up the 11 non-controversial part of Calendar Number 3. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the Supplemental Calendar Number 3, 14 non-controversial. 15 THE SECRETARY: Calendar Number 16 1434, by Senator Tully, Senate Print 180B, an 17 act to amend the General Municipal Law, in 18 relation to service award programs for volunteer 19 firefighters. 20 ACTING PRESIDENT KUHL: Senator 21 Bruno. 22 SENATOR BRUNO: Mr. President, is 23 there a message of necessity at the desk? 10586 1 ACTING PRESIDENT KUHL: There is 2 a message of necessity at the desk, Senator 3 Bruno. 4 SENATOR BRUNO: I move that we 5 accept the message. 6 ACTING PRESIDENT KUHL: The 7 motion is to accept the message of necessity. 8 All those in favor signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The message is accepted. 13 Secretary will read the last section. 14 THE SECRETARY: Section 8. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 59. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1435, by Senator Holland, Senate Print 598A. 10587 1 SENATOR CONNOR: Lay aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1436, by Senator Johnson, Senate Print Number 6 1020, an act to amend the Environmental 7 Conservation Law, in relation to the acceptance 8 of used oil by service establishments. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1437, by Senator Onorato. 21 SENATOR HOFFMANN: Lay aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 10588 1 THE SECRETARY: Calendar Number 2 1438, by Senator Goodman Senate Print Number 3 1617A, an act to amend the Arts and Cultural 4 Affairs Law, in relation to authorizing the 5 award of grants for records management 6 improvement. 7 ACTING PRESIDENT KUHL: There's a 8 home rule message at the desk. The Secretary 9 will read the last section. 10 THE SECRETARY: Section 6. 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 59. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar - 19 Senator Johnson moves to discharge from the 20 Committee on Rules, Assembly Bill Number 3208 21 and substitute it for the identical Calendar 22 Number 1439. 23 ACTING PRESIDENT KUHL: 10589 1 Substitution is ordered. 2 THE SECRETARY: Calendar Number 3 1439, by member of the Assembly Englebright, 4 Assembly Print 3208, an act to amend the 5 Environmental Conservation Law, in relation to 6 stewardship agreements. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1440, by Senator Spano. 19 ACTING PRESIDENT KUHL: The bill 20 is high. It will be laid aside. 21 THE SECRETARY: Calendar Number 22 1441, by Senator Hannon, Senate Print 2542B, an 23 act to amend the General Municipal Law, in 10590 1 relation to prompt payment by public owners. 2 SENATOR CONNOR: Lay aside -- no, 3 last section. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 4. 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 59. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1442, by Senator Lack, Senate Print 2880A, an 16 act to amend the Judiciary Law, in relation to 17 juror compensation, and to repeal certain 18 provisions of such law relating thereto. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect February 15th. 23 ACTING PRESIDENT KUHL: Call the 10591 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Senator Velella 7 moves to discharge from the Committee on Rules, 8 Assembly Bill Number 1170A and substitute it for 9 the identical Calendar Number 1443. 10 ACTING PRESIDENT KUHL: Without 11 objection, substitution is ordered. 12 THE SECRETARY: Calendar Number 13 1443, by member of the Assembly Dinowitz, 14 Assembly Print 1170A, an act to amend the 15 General Business Law, in relation to - 16 VOICE: Lay aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 1444, by Senator Wright, Senate Print 3182A. 21 SENATOR CONNOR: Lay aside, 22 please. 23 ACTING PRESIDENT KUHL: Lay the 10592 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1445, by Senator Maltese, Senate Print 3320, an 4 act to amend the Penal Law, in relation to false 5 reporting of incidents. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first day of 10 November. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Senator Velella 18 moves to discharge from the Committee on 19 Judiciary, Assembly Bill Number 1502 and 20 substitute it for the identical Calendar Number 21 1446. 22 ACTING PRESIDENT KUHL: Without 23 objection, substitution is ordered. 10593 1 THE SECRETARY: Calendar Number 2 1446, by member of the Assembly Dinowitz, 3 Assembly Print 1502, an act to amend the Real 4 Property Law, in relation to the right of 5 tenants organizations to meet in community 6 rooms. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 ACTING PRESIDENT KUHL: Announce 15 the results when tabulated. 16 THE SECRETARY: Ayes 58, nays 17 one, Senator Leibell recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1447, by Senator Velella, Senate Print Number 22 3396A, an act to amend the Vehicle and Traffic 23 Law, in relation to the adjudication of parking 10594 1 infractions. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect 60 days after it shall 6 have become law. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 59. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1448, by Senator Velella, Senate Print Number 15 3440B, an act to amend the Vehicle and Traffic 16 Law, in relation to reports required upon 17 accidents. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of 20 January. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 10595 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: 1449, by Senator 5 Skelos. 6 ACTING PRESIDENT KUHL: Bill is 7 high. Lay the bill aside. 8 THE SECRETARY: Calendar Number 9 1450, by Senator Hannon. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1451, by Senator Seward, Senate Print Number 14 4395A, an act to amend the Highway Law, in 15 relation to designating a portion of the state 16 highway system. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 10596 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1452, by Senator Waldon, Senate Print 4651, an 6 act authorizing the city of New York to reconvey 7 its interest in certain real property required 8 by in rem tax foreclosure in the borough of 9 Queens. 10 ACTING PRESIDENT KUHL: There's a 11 home rule message at the desk. Secretary will 12 read the last section. 13 THE SECRETARY: Section 5. 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 59. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Senator Lack 22 moves to discharge from the Committee on Rules, 23 Assembly Bill Number 7861, and substitute it for 10597 1 the identical Calendar Number 1453. 2 ACTING PRESIDENT KUHL: Without 3 objection, the substitution is ordered. 4 THE SECRETARY: Calendar Number 5 1453, by the Assembly Committee on Rules, 6 Assembly Print 7861, an act to amend the 7 Surrogate's Court Procedure Act, in relation to 8 when service of process upon an infant is 9 complete. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1454, by Senator Bruno, Senate Print 5317, an 22 act in relation to authorizing the city of Troy, 23 county of Rensselaer, to establish and operate a 10598 1 municipal ambulance service. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. 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 59. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1455, by Senator Cook, Sen... 14 SENATOR CONNOR: Lay aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1456, by Senator Sears, Senate Print 5350, an 19 act making certain findings and determinations 20 with respect to the establishment and 21 consolidation of various water districts. 22 ACTING PRESIDENT KUHL: There's a 23 home rule message at the desk. Secretary will 10599 1 read the last section. 2 THE SECRETARY: Section 5. 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 59. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1457, by Senator Goodman. 12 ACTING PRESIDENT KUHL: The bill 13 is high. Lay the bill aside. 14 THE SECRETARY: 1458, by Senator 15 Kuhl, Senate Print 5405, an act to amend the 16 Alcoholic Beverage Control Law, in relation to 17 certain exemption from provisions relating to 18 the unlawful interests of a manufacturer. 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 10600 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1459, by the Senate Committee on Rules. 8 SENATOR CONNOR: Lay aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1460, by the Senate Committee on Rules, Senate 13 Print 5416, an act to amend the Tax Law and 14 Chapter 272 of the Laws of 1991 amending the Tax 15 Law. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 31. 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 59. 10601 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1461, by the Senate Committee on Rules, Senate 5 Print 5417, an act - 6 SENATOR CONNOR: Lay aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1462, by Senator Goodman. 11 ACTING PRESIDENT KUHL: Bill is 12 high. Lay the bill aside. 13 THE SECRETARY: Calendar Number 14 1463, by Senator Oppenheimer, Senate Print 1349, 15 an act to amend the Executive Law, in relation 16 to information on persons applying to be an 17 auxiliary police officer. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 10602 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 59. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Senator Johnson 6 moves to discharge from the Committee on 7 Judiciary, Assembly Bill Number 2054 and 8 substitute it for the identical Calendar Number 9 1464. 10 ACTING PRESIDENT KUHL: Without 11 objection, substitution is ordered. 12 THE SECRETARY: Calendar Number 13 1464, by member of the Assembly Sweeney, 14 Assembly Print 2054, an act to amend the Uniform 15 District Court Act and the Uniform City Court 16 Act, in relation to authorizing such courts. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the first day of 21 October. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 10603 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 59. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1465, by Senator Goodman, Senate Print 1461A, an 7 act to amend the Vehicle and Traffic Law, in 8 relation to unlicensed and fraudulent 9 operators. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1466, by Senator Velella, Senate Print 5305, an 22 act in relation to authorizing the public sale 23 of taxicab licenses in the city of New York. 10604 1 ACTING PRESIDENT KUHL: There's a 2 home rule message at the desk. Secretary will 3 read the last section. 4 THE SECRETARY: Section 2. 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 59. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1467, by Senator Stafford. 14 SENATOR CONNOR: Lay aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1468, by Senator Padavan, Senate Print 5400, an 19 act to amend the Administrative Code of the city 20 of New York, in relation to amortization of the 21 balance sheet liability. 22 ACTING PRESIDENT KUHL: There's a 23 home rule message at the desk. Secretary will 10605 1 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 59. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1469, by Senator Spano, Senate Print 5409A, an 12 act to amend Chapter 12 of the Laws of 1995, 13 relating to providing a retirement incentive. 14 ACTING PRESIDENT KUHL: Senator 15 Bruno. 16 SENATOR BRUNO: Is there a 17 message, Mr. President? 18 ACTING PRESIDENT KUHL: There is 19 a message at the desk. 20 SENATOR BRUNO: Move we accept 21 the message. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the message of necessity. All those 10606 1 in favor, signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 Message is accepted. There's a 5 home rule message at the desk. Secretary will 6 read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 59. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1470, by Senator Goodman, Senate Print 5411, an 17 act to amend the Administrative Code of the city 18 of New York, in relation to the rate of regular 19 interest. 20 ACTING PRESIDENT KUHL: There's a 21 home rule message at the desk. Secretary will 22 read the last section. 23 THE SECRETARY: Section 5. This 10607 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 59. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1471, by Senator Hoblock, Senate Print 5472, an 10 act to amend the Public Authorities Law, in 11 relation to enabling the Dormitory Authority to 12 finance and construct facilities. 13 ACTING PRESIDENT KUHL: Senator 14 Bruno. 15 SENATOR BRUNO: Is there a 16 message at the desk, Mr. President? 17 ACTING PRESIDENT KUHL: There 18 is. 19 SENATOR BRUNO: I move we accept 20 the message. 21 ACTING PRESIDENT KUHL: Motion is 22 to accept the message at the desk. All those in 23 favor signify by saying aye. 10608 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response. ) 4 The message is accepted. 5 Secretary will read the last section. 6 THE SECRETARY: Section 5. 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 59. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1472, by the Senate Committee on Rules, Senate 16 Print Number 5478, an act to amend the Public 17 Authorities Law, in relation to the board of 18 trustees of the Long Island Power Authority. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno. 21 SENATOR BRUNO: Is there a 22 message, Mr. President? 23 ACTING PRESIDENT KUHL: There is, 10609 1 Senator Bruno. 2 SENATOR BRUNO: I move we accept 3 the message of necessity at the desk. 4 ACTING PRESIDENT KUHL: Motion to 5 accept the message of necessity at the desk. 6 All those in favor signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response.) 10 The message is accepted. 11 Secretary will read the last section. 12 SENATOR CONNOR: Lay aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 Senator Bruno, that completes the 16 non-controversial calling of Supplemental 17 Calendar Number 3. 18 SENATOR BRUNO: Senator, could 19 you at this time recognize Senator Stavisky for 20 the purposes of voting. 21 ACTING PRESIDENT KUHL: Senator 22 Stavisky. 23 SENATOR STAVISKY: Mr. President, 10610 1 on 1444, would you consent to the reading of the 2 last section? 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section, Calendar Number 5 1444. 6 SENATOR STAVISKY: Mr. President, 7 I - 8 THE SECRETARY: Calendar Number 9 1444 by - 10 ACTING PRESIDENT KUHL: Secretary 11 will read the title of Calendar Number 1444. 12 THE SECRETARY: Calendar Number 13 1444, by Senator Wright, Senate Print 3182A, an 14 act to amend the Environmental Conservation Law, 15 in relation to special beaver management areas. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 9. This 19 act shall take effect on the first day of 20 October. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 10611 1 ACTING PRESIDENT KUHL: Senator 2 Stavisky, how do you vote? 3 SENATOR STAVISKY: May I be 4 recorded as voting in the negative? 5 ACTING PRESIDENT KUHL: Senator 6 Stavisky is recorded as voting in the negative. 7 The roll call is withdrawn. The 8 bill is laid aside. 9 ACTING PRESIDENT KUHL: Senator 10 Bruno. 11 SENATOR BRUNO: Mr. President, 12 can we at this time take up the controversial 13 Calendar 3. 14 ACTING PRESIDENT KUHL: Secretary 15 will call Supplemental Calendar Number 3, 16 controversial calendar. 17 THE SECRETARY: Calendar Number 18 1435, by Senator Holland, Senate Print 598A, an 19 act to amend the Real Property Tax Law, in 20 relation to proceeding to review. 21 SENATOR CONNOR: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Holland, an explanation of Calendar Number 1435 10612 1 has been asked for by the Minority Leader. 2 SENATOR HOLLAND: Yes, Mr. 3 President. 4 This is a tax certiorari bill. 5 The problem started in the 1980s when the value 6 of housing and commercial buildings started 7 raising greatly; then the assessors raised the 8 assessments on the properties so that the towns 9 and villages could raise more money. Then, in 10 1990, when the assessments went down, the 11 assessments were still high, the commercial and 12 residential owners came to the assessors and 13 asked that the assessment be reduced. 14 Today, particularly in the 15 commercial areas, you can wait for four years 16 and accumulate all that value for four years 17 before you can claim a tax certiorari. We are 18 simply asking, because it has such a huge hit 19 particularly on the schools, that it not be a 20 four-year wait but it be a two-year eight-month 21 wait so the hit on the school district is not so 22 heavy. 23 ACTING PRESIDENT KUHL: Senator 10613 1 Connor. 2 SENATOR CONNOR: Explanation 3 satisfactory. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 7. This 7 act shall take effect on the first day of 8 January. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes - 13 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar 1435 are Senators 17 Hoblock, Kuhl, Lack, Larkin, Libous, Stachowski 18 and Tully, also Senator Farley,. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the negatives. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1435 are 23 Senators Farley, Hannon, Hoblock, Hoffmann, 10614 1 Kuhl, Lack, Larkin, Leibell, Libous, Marcellino, 2 Maziarz, Nozzolio, Sears, Seward, Skelos, 3 Stachowski, Tully, wright, and Senator Jones, 4 also Senator DeFrancisco, also Senator Levy. 5 Ayes 39, nays 20. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 SENATOR BRUNO: Mr. President. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Bruno. 11 SENATOR BRUNO: Can we at this 12 time return to main Calendar Number 163. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title of the Calendar Number 163 15 on the main calendar, original calendar 66, for 16 the day. 17 THE SECRETARY: On page 5 18 Calendar Number 163, by Senator Goodman, Senate 19 Print 1746A, an act authorizing the Dormitory 20 Authority of the state of New York to plan, 21 design and acquire a facility. 22 ACTING PRESIDENT KUHL: Senator 23 Bruno. 10615 1 SENATOR BRUNO: Mr. President, is 2 there a message at the desk? 3 ACTING PRESIDENT KUHL: There is. 4 SENATOR BRUNO: Move we accept 5 the message. 6 ACTING PRESIDENT KUHL: Motion is 7 to accept the message of necessity at the desk. 8 All those in favor signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The message is accepted. 13 Secretary will call the roll. 14 THE SECRETARY: Section 6. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 THE SECRETARY: Ayes 59. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Bruno. 22 SENATOR BRUNO: Regular order, 23 Mr. President. 10616 1 ACTING PRESIDENT KUHL: Return to 2 the controversial reading of Supplemental 3 Calendar Number 3. 4 THE SECRETARY: Calendar Number 5 1437, by Senator Onorato, Senate Print Number 6 1242, an act to amend the Penal Law, in relation 7 to making possession of a lockable folding knife 8 the crime of criminal possession of a weapon. 9 ACTING PRESIDENT KUHL: Senator 10 Gold -- excuse me. Senator Cook, why do you 11 rise? 12 SENATOR COOK: I'd like to ask 13 some questions. 14 SENATOR CONNOR: On the bill? 15 SENATOR COOK: Yeah. Mr. 16 President, I just need a clarification on a 17 couple of points if you could. Could you -- I'm 18 not clear as to what type of knife we're really 19 talking about. Is this -- is this what we would 20 call a jackknife or what is a locking -- a 21 locking knife? 22 SENATOR CONNOR: What this is, is 23 a switchblade. 10617 1 SENATOR COOK: A switchblade? 2 SENATOR CONNOR: Yes, because 3 it's a knife -- it's defined as a folding knife 4 which, when opened, is capable of being locked 5 in an open state by means of a particular 6 mechanical device, in other words you open it 7 and you push a button and it's a switchblade. 8 SENATOR COOK: O.K. 9 SENATOR CONNOR: But there are 10 exceptions. It's not a total switchblade; 11 there's a rider to this. There are all sorts of 12 exceptions. It's a legitimate - 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 Senator Sears, why do you rise? 16 SENATOR SEARS: I do have a 17 couple of questions on this. Is a switchblade 18 knife one that you push a button and the blade 19 flips open, is that correct? 20 SENATOR CONNOR: Yes. 21 SENATOR SEARS: Well, this says 22 any folding knife which, when open, is capable 23 of being locked in an open state by means of a 10618 1 stable mechanical device. My problem with this 2 part of it is this. I do a lot of hunting with 3 a knife. When I push the blade, it doesn't fly 4 open. 5 SENATOR CONNOR: When you lock 6 it, it doesn't come back on your finger. 7 SENATOR SEARS: Right. 8 SENATOR CONNOR: This doesn't let 9 you do that, because it says specifically when 10 the knife is being used for or in a place where 11 it's being used for hunting, camping, hiking, 12 picnicking, so virtually any legitimate use, it 13 would permit that, as it should, Senator. 14 SENATOR SEARS: O.K. 15 ACTING PRESIDENT KUHL: Senator 16 Hoffmann, why do you rise? 17 SENATOR HOFFMANN: Senator Connor 18 yield for a question? 19 ACTING PRESIDENT KUHL: Senator 20 Connor yields. 21 SENATOR HOFFMANN: Senator 22 Connor, I realize this isn't your bill. I 23 appreciate you answering some of these 10619 1 questions. If I am feeding cattle at 6:00 2 o'clock in the morning in my barn, with a small 3 folding knife manufactured by Utica Cutlery in 4 Senator Sears' district, which has a locking 5 mechanism, and I go back into the house and I 6 take that knife off my belt and I stick it in my 7 purse so that it will be handy the next time 8 that I need it, and I drive to Albany and I walk 9 into these chambers, would I then be in 10 violation of the law with that knife on my 11 person, because I would not be in the process of 12 hiking, hunting, camping or picnicking or being 13 a Girl Scout? As a New York State Senator, 14 would I not be in violation of the law with that 15 locking knife on my person? 16 SENATOR CONNOR: Well, Senator, I 17 don't know. Do you belong to a paramilitary - 18 SENATOR HOFFMANN: Well if I 19 considered myself a member of a military - 20 SENATOR CONNOR: We have to get 21 all the facts out. 22 SENATOR HOFFMANN: On the bill, 23 Mr. President. 10620 1 ACTING PRESIDENT KUHL: Senator 2 Hoffmann, on the bill. 3 SENATOR HOFFMANN: I rise on this 4 bill right now to recognize that there are a 5 number of us in this chamber, Senator Sears and 6 myself in adjoining districts, who are very 7 concerned about the concerns raised by Utica 8 Cutlery, an esteemed manufacturer of fine 9 knives, which number among them knives with 10 locking mechanisms, not switchblades, my 11 colleagues. 12 There are many types of locking 13 knives which are commonly used in everyday 14 practice and one of them fits neatly on a belt, 15 I wish I had it with me to show everyone. It's 16 a dandy little knife. I wear it right next to 17 my leather awl, which is another multi-purpose 18 tool which no one should be without, but a good 19 locking buck knife is an invaluable tool and we 20 should not be making this illegal. 21 If the sponsors of this bill 22 would like to outlaw the possession of such 23 knives for people engaged in drug trafficking or 10621 1 a specific illicit activity, then they should 2 create a bill that specifically targets that 3 illicit activity instead of trying to anticipate 4 all other types of activities where law-abiding 5 citizens might have them and in omitting some of 6 the activities that those of us in this chamber 7 and many of our constituents pursue. 8 I really think this is a very bad 9 bill, much too broad bill, and I think that we 10 would look a little foolish if we pass this 11 bill. I would urge all of my colleagues to vote 12 no. 13 ACTING PRESIDENT KUHL: Chair 14 recognizes Senator Abate. 15 SENATOR ABATE: Just to clarify 16 on the bill. I would agree with Senator 17 Hoffmann, if this were a law banning these 18 weapons as a per se weapon, this would still 19 make the prosecutor prove that it was not just 20 mere possession. They'd have to prove the 21 intent to use this weapon unlawfully, so this is 22 not a per se weapon. It wouldn't be the mere 23 possession of this knife is a criminal action. 10622 1 It would be the possession with intent to use 2 unlawfully, so if someone that was carrying it 3 to and from their house and it's in their purse, 4 it would not be a crime. It would not be a 5 crime if it's used for hunting. It would not be 6 a crime if it's used to pare an apple. It would 7 only be a crime if it's used in the course of 8 criminal activity. So it's not as broad. It's 9 not a per se weapon. 10 SENATOR CONNOR: Last section. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 SENATOR CONNOR: I didn't say lay 14 aside. Last section. 15 ACTING PRESIDENT KUHL: Last 16 section. 17 Senator Saland, why do you rise? 18 SENATOR SALAND: Again, I realize 19 this is not your bill, but could you tell me if 20 there is anything in this bill that would say 21 that somebody who collects lockable folding 22 knives, those with unusual handles that are 23 hand-crafted, that would be protected under this 10623 1 bill or might, in fact, be guilty of violating 2 the law. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1443, by member of the Assembly Dinowitz, 7 Assembly Print 1170A, substituted earlier today, 8 an act to amend the General Business Law, in 9 relation to advertising the square footage of 10 rentable commercial property. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 SENATOR CONNOR: I'm sorry. 14 1443? 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1444, by Senator Wright, Senate Print 3182A, an 19 act to amend the Environmental Conservation Law, 20 in relation to special beaver management areas. 21 SENATOR CONNOR: Explanation, 22 please. 23 ACTING PRESIDENT KUHL: Senator 10624 1 Wright, an explanation of Calendar Number 1444 2 has been asked for by the Minority Leader. 3 SENATOR WRIGHT: Thank you, Mr. 4 President. 5 Well, while I recognize the bill 6 has achieved a certain degree of recognition 7 among my colleagues, it is, in fact, a very 8 serious matter in the St. Lawrence River valley 9 and, as a result, has got strong support from 10 the Department of Environmental Conservation, 11 Bureau of Wildlife Management, as well as the 12 Farm Bureau attempting to address the concerns 13 that are being created. 14 What the bill does is establishes 15 a means of addressing the property damage to 16 personal property that is occurring throughout 17 our region of the state and develop a compre 18 hensive management plan with the designation of 19 special management areas for that purpose. That 20 approach was developed on the basis of a series 21 of public meetings throughout the area securing 22 the input from the various stakeholders, to 23 develop appropriate means of addressing the 10625 1 problems and the concerns. 2 Now, let me just share with you 3 some of the statistics that the Wildlife 4 Management Bureau has maintained as indicative 5 of the type of difficulties that are being 6 encountered. 7 Within the period of fall of 1993 8 to 1994, the beaver population increased by over 9 10 percent. That population is expected to 10 continue to increase peaking at 46,000 colonies 11 within the next ten years up from 19,000 at the 12 current time. 13 Each one of those colonies 14 compose -- are composed of roughly five 15 beavers. To give you an indication of the 16 nature of the complaints that are being 17 generated, in 1994 DEC regional offices received 18 2466 beaver-related complaints reflecting a 12.5 19 percent increase. At peak populations it's 20 expected there will be in excess of 8,000 annual 21 complaints at an average cost of $2500 in damage 22 which in this last year alone exceeded $6 23 million in personal property damage. At its 10626 1 peak it's expected that there will be $20 2 million in personal property losses as a result 3 of the problems being caused. 4 So the approach was to use 5 special management areas that authorize DEC to 6 then develop and implement, by regulation, a 7 particular management plan to protect the 8 interests of the landowners and, at the same 9 time, to protect the environmental concerns 10 relative to wetlands and downstream impacts. 11 To give you an idea, in one wild 12 life management area in the past year the beaver 13 removal harvest was 6264. In addition, special 14 permits were issued for another 612, bringing 15 the total number of removals to 6800 animals. 16 That is still 3,000 less than the projected 17 population management targets of the Wildlife 18 Bureau, and a recent aerial survey indicated 19 that the population ratio, even after those kind 20 of numbers are taken, is still too high at one 21 and a quarter colonies per square mile and 22 that's a very intensive situation. 23 So there has been considerable 10627 1 effort made to recognize the nature of the 2 problem, to recognize the sensitivity of the 3 animal itself, but at the same time to recognize 4 the concerns of the property owners, of the 5 farmers who literally end up with hundreds of 6 acres under water preventing it from being 7 productive management property and, as a result, 8 this is the approach that's been developed in 9 consultation with the Department of 10 Environmental Conservation to take a reasonable 11 approach to management. 12 ACTING PRESIDENT KUHL: Senator 13 Connor. 14 SENATOR CONNOR: Yes. Will the 15 Senator yield for a question? 16 SENATOR WRIGHT: Yes, I will, Mr. 17 President. 18 ACTING PRESIDENT KUHL: Senator 19 yields. 20 SENATOR CONNOR: Senator, with 21 respect to this dam bill, could you - 22 SENATOR WRIGHT: I appreciate the 23 levity, Senator. 10628 1 SENATOR CONNOR: That's d-a-m, 2 d-a-m, please. There are some others that I 3 could share with you that have been shared with 4 me. 5 Could you please tell me where, 6 in fact, these special beaver areas are? 7 SENATOR WRIGHT: They are not 8 designated at this point in time. The statute 9 authorizes, and I would read the section where 10 it specifically designates. When it finds that 11 an area of the state is suffering excessive 12 damage caused by the beaver, the Department may, 13 by regulation, designate such an area as a 14 special management area and then it goes on to 15 articulate the considerations to be taken into 16 account. 17 SENATOR CONNOR: Would the 18 Senator further yield, Mr. President? 19 ACTING PRESIDENT KUHL: Senator 20 Wright, do you yield? 21 SENATOR WRIGHT: Yes, I do. 22 ACTING PRESIDENT KUHL: Senator 23 Wright yields. 10629 1 SENATOR CONNOR: Thank you, Mr. 2 President. 3 I wonder if Senator Wright could 4 tell us whether, for example, public lands would 5 be eligible to be designated as a special beaver 6 management area under this legislation. 7 SENATOR WRIGHT: In terms of 8 DEC's definition, you have public wildlife units 9 that include both public and private lands. 10 SENATOR CONNOR: So if the 11 Senator would yield for a further question. 12 Could -- under this legislation and its regula 13 tions, for example, could forever wild lands in 14 the Adirondacks be designated as special beaver 15 management areas, thus allowing the destruction 16 of dams without any supervision by DEC? 17 SENATOR WRIGHT: No, Senator, I 18 do not believe that's the intent of the agency. 19 It's certainly not my intent and, again, I think 20 if you'll note, the criteria is "suffering 21 excessive damage" and the background material 22 that we shared that the agency has been using is 23 all predicated on personal property damage, 10630 1 damage to roadways, damage to farms going under 2 water, those are the kinds of conditions that 3 are certainly not the type of concern that would 4 exist in a designated forever wild area in the 5 Adirondack Park. 6 SENATOR CONNOR: Will the Senator 7 yield for a further question? 8 ACTING PRESIDENT KUHL: Senator 9 Wright, do you continue to yield? 10 SENATOR WRIGHT: Yes, I will. 11 ACTING PRESIDENT KUHL: Senator 12 continues to yield. 13 SENATOR CONNOR: Senator, I once 14 had the wonderful experience of seeing a dam in 15 formation on a hiking trail in the Adirondacks, 16 a laid-out hiking trail. You had to get off the 17 trail because the energetic beavers, who I guess 18 are the world's best engineers, had actually 19 begun the formation of a dam in a little stream 20 that crossed the trail, and the water was 21 building up. I think they only had been at it a 22 couple of days. It was amazing to see. 23 Now, would you consider, for 10631 1 example, interfering with such a marked trail as 2 -- as the kind of damage to property that would 3 warrant designation of it as a special 4 management area? 5 SENATOR WRIGHT: No, Senator, I 6 don't anticipate that that would be a 7 circumstance that this would be utilized in 8 either. Again, the intent -- and I've seen 9 those dams under construction myself as I've had 10 occasion to walk those trails with my daughter 11 who has enjoyed that experience as much as I 12 have, but I've also had the occasion to see 13 fertile agricultural property under water where 14 it was previously productive. I've seen fertile 15 timber land that was previously productive under 16 water. I've seen roadways that have been under 17 cut as a result of the water and the erosion 18 that have cost additional monies to small towns 19 and villages on a recurring basis, so I've seen 20 the down side of what I'm sure was a very good 21 experience for you as it was for me, and so 22 we're trying to take both of those factors into 23 consideration in designating a management area 10632 1 and allowing the agency to respond in an 2 appropriate fashion dictated by the problems 3 that are occurring. 4 SENATOR CONNOR: Mr. President, 5 would the Senator yield for one further 6 question? 7 ACTING PRESIDENT KUHL: Senator 8 Wright - 9 SENATOR WRIGHT: Yes, I will. 10 ACTING PRESIDENT KUHL: Senator 11 continues to yield. 12 SENATOR CONNOR: Presently, is 13 there not a program of DEC which informs 14 property owners that have beaver problems to 15 call the regional office and provides for 16 technicians from DEC and the Division of Fish 17 and Wildlife to promptly inspect the property to 18 assess the conditions and they authorize the 19 issue of immediate permits even if the dams are 20 on a regulated fresh water wetland or a 21 protected stream; isn't there presently a 22 program like that? 23 SENATOR WRIGHT: Yes, there is 10633 1 Senator; there is a program. I think the two 2 controlling words are "immediate" and "prompt 3 ly", two you have utilized that have not been 4 the experience and, as I pointed out, under the 5 existing permit system, even when those permits 6 have been issued, there continues to be a rapid 7 growing older population that is not part of the 8 planned management control of that population 9 and, as a result, the very agency that is 10 administering this program has actively sought 11 for the last year public input from the various 12 stakeholders as to how to best resolve this 13 problem. 14 The fact that they are having 15 increasing complaints, the fact that even when 16 they respond promptly and when they provide 17 timely permits, it does not sufficiently 18 mitigate the problem and consequently they have 19 developed this alternative as the best approach 20 to utilize. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Oppenheimer. 23 SENATOR OPPENHEIMER: Thank you. 10634 1 I wonder, are you aware, Senator 2 Wright, that there are -- if you would yield for 3 a question. 4 ACTING PRESIDENT KUHL: Senator 5 Wright, do you yield to Senator Oppenheimer? 6 SENATOR WRIGHT: Yes, I do. 7 ACTING PRESIDENT KUHL: The 8 Senator yields. 9 SENATOR OPPENHEIMER: -- that 10 there are alternatives to the measures that you 11 are suggesting in your bill? There are 12 alternatives that are humane that already exist 13 in other states for controlling the beaver 14 population? 15 SENATOR WRIGHT: Yes, I am aware 16 of that, Senator, and I would point out that the 17 bill in no way precludes utilization of those 18 techniques. In fact, the bill does not specify 19 a particular technique to be utilized. The bill 20 authorizes the designation of a management area, 21 the development of a comprehensive management 22 plan within that area and a variety of 23 techniques that can be utilized by the agency 10635 1 conditioned upon the circumstances that they 2 feel warrants that kind of response. So those 3 alternatives used in Maine and other areas are 4 not precluded at all and, in fact, may well be 5 the appropriate response that is incorporated 6 within the management plan within the designated 7 area. 8 SENATOR OPPENHEIMER: Then I 9 guess I would have to question how you feel 10 about the legalization of underwater snare traps 11 which is a part of this bill? 12 SENATOR WRIGHT: What this bill 13 does, Senator, is it authorizes the utilization 14 of that but, if you'll notice, on line 24 the 15 controlling word is "the Department may by 16 regulation permit the use" and again, it is an 17 alternative that is available to the agency and 18 again predicated on the conditions and the 19 severity of those conditions would dictate 20 whether or not the agency utilized that 21 particular approach. 22 SENATOR OPPENHEIMER: But you 23 will admit that the fact that it is permitted 10636 1 when it has not heretofore been permitted is 2 legalizing a form of trap that we have felt is 3 not humane throughout the state. 4 SENATOR WRIGHT: I would note 5 here, Senator, that there has been legalized 6 trapping of the beaver. This particular al 7 ternative has not been authorized. It is 8 authorized as an alternative and an option that 9 may be utilized by the agency again based on 10 what I believe to be a reasonable assessment of 11 the severity of the conditions. 12 If, in fact, all of the 13 circumstances that are being predicted here do 14 come to fruition, then it may well be an 15 alternative that they would have to pursue. I 16 don't envision them taking that lightly. I 17 think they well recognize, as I do, and I'm sure 18 my colleagues recognize, that that is not an 19 alternative that has been authorized 20 heretofore. This simply provides it as an 21 alternative, the controlling language being 22 "may" as opposed to "shall". 23 SENATOR OPPENHEIMER: And if you 10637 1 would yield further. 2 ACTING PRESIDENT KUHL: Senator 3 Wright, do you continue to yield? 4 SENATOR WRIGHT: Certainly. 5 ACTING PRESIDENT KUHL: Senator 6 continues to yield. 7 SENATOR OPPENHEIMER: Could you 8 tell me the reasoning behind increasing the time 9 period that traps go unchecked from one day to 10 two or three days? If traps are not checked and 11 animals are caught in them, it's an extremely 12 painful slow death to not be taken out for three 13 days instead of our present one day. 14 SENATOR WRIGHT: Well, Senator, I 15 think it's just a recognition of the timeliness 16 of checking those particular traps. The -- the 17 extension of the period of time here, I do not 18 believe would have any adverse effect on -- on 19 the use of the trap one way or the other. 20 SENATOR OPPENHEIMER: All right. 21 Thank you, Senator. On the bill, please. 22 ACTING PRESIDENT KUHL: Senator 23 Oppenheimer, on the bill. 10638 1 SENATOR OPPENHEIMER: Well, we've 2 been talking pretty much about animals, and 3 that's an important part of this, and another 4 important part is our state's historic 5 commitment to wetlands, an issue that I have 6 been involved with for over 20 years, and this 7 would involve the destruction of as much as a 8 hundred thousand acres of wetland, and there 9 would be almost no oversight by DEC. 10 DEC has limited oversight now in 11 that they are approving the permits with almost 12 no oversight at all, but at least there is still 13 a role that DEC can play. With this bill, there 14 would be no role and the environmental impacts 15 are severe for wetlands as well as for the 16 dependent wildlife that I mentioned earlier. 17 I feel a great risk on many 18 animals with the underwater snare trap, and 19 we're talking about otters, ducks, loons, 20 turtles, I'm talking of beavers and many water 21 foul, and these will be experiencing very slow 22 death by drowning, and it's -- it's something 23 that I don't, you know, the needless suffering 10639 1 is appalling to me, and the leg hold traps we 2 have not permitted because they are so abusive 3 to the animal and cause such suffering. 4 There are alternatives in -- in 5 Maine, the Department of Inland Fisheries and 6 Wildlife and the U. S. Fish and Wildlife Service 7 have both stated that destroying beavers and 8 dynamiting their dams only allows more beavers 9 to move into the vacated habitat. Flooding 10 problems will continue. However, by working 11 with beavers and controlling local water levels 12 with human made devices of pipes and fencing, 13 they can attain a permanent and economical 14 solution, and this is what I think we ought to 15 be pursuing. We ought to be looking at those 16 alternatives and, on a more humane note, we 17 should note that the beaver, since 1975, is the 18 animal of New York State. It is our state 19 animal, and I -- I feel very strongly and so do 20 every one of the environmental groups, that this 21 is a very poor bill because it's harmful to 22 wildlife and it's harmful to our state program 23 of wetland conservation. 10640 1 I'll be voting no. 2 ACTING PRESIDENT KUHL: Senator 3 DiCarlo. 4 SENATOR DiCARLO: Thank you, Mr. 5 President. 6 Does the Senator yield for a 7 question? 8 ACTING PRESIDENT KUHL: Senator 9 Wright, do you yield to Senator DiCarlo? 10 SENATOR WRIGHT: Senator will 11 yield. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR DiCARLO: Senator Wright, 15 Senator Oppenheimer raised one point that I was 16 going to raise with you. Were you aware of the 17 fact that the state animal of New York State was 18 the beaver? 19 SENATOR WRIGHT: Senator DiCarlo, 20 I'm well aware of that fact, as you have pointed 21 out to me on numerous occasions as we've dis 22 cussed this bill in this corner of the chamber 23 and as other colleagues have pointed out to me. 10641 1 I would point out that, as the Senator noted, it 2 has been the state animal for some period of 3 time and during that entire period of time, we 4 were authorized to trap and by permit to take 5 beaver. So this does not alter our relationship 6 with our state animal. 7 SENATOR DiCARLO: Does the 8 Senator yield? 9 ACTING PRESIDENT KUHL: Senator 10 Wright, do you continue to yield? 11 SENATOR WRIGHT: Yes, I do, Mr. 12 President. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR DiCARLO: Along the same 16 lines, Mr. President, a question. Is Senator 17 Wright also aware that the beaver is the symbol 18 of a major -- some say major, some say minor 19 party in the state of New York and is he aware 20 of the party that the beaver is the symbol for? 21 SENATOR WRIGHT: I was not aware 22 of that, Senator, until you brought it to my 23 attention earlier this evening; however, I'm 10642 1 sure that this bill will achieve bipartisan 2 support. 3 SENATOR DiCARLO: Mr. President, 4 through you, the question again to Senator 5 Wright, is he aware of the party that the beaver 6 is the symbol of? 7 SENATOR WRIGHT: I do not have 8 personal knowledge, Mr. President. The 9 knowledge that I have is secondhand provided by 10 a colleague and whether or not that's accurate 11 knowledge, I can't vouch for. 12 ACTING PRESIDENT KUHL: Senator 13 DiCarlo. 14 SENATOR DiCARLO: Well, to answer 15 the question that I posed to the Senator, the 16 beaver is the symbol of the Conservative Party. 17 On the bill. 18 ACTING PRESIDENT KUHL: Senator 19 DiCarlo, on the bill. 20 SENATOR DiCARLO: This is a very, 21 very serious issue and one thing I can say about 22 Senator Wright is this bill, he and I have sat 23 next to each other for almost two years now. 10643 1 This is our second session, and this bill has 2 been a bill that I've spoken to the Senator 3 about for two years now, and I never thought he 4 would bring this bill out and he brought it out 5 tonight, and this is an important bill to the 6 Senator. 7 Far be it from me as a guy from 8 Brooklyn to tell the North Country how to run 9 their affairs. We've had a lot of good fun with 10 this bill, but it is a serious bill, and I will 11 listen to the advice of my colleague from the 12 North Country and I would support this 13 legislation. 14 ACTING PRESIDENT KUHL: Senator 15 Hoffmann. 16 SENATOR HOFFMANN: Thank you, Mr. 17 President. 18 I recognize that some of my 19 colleagues in the chamber have received the 20 memorandum from the Environmental Planning 21 Lobby. As they are wont to do, they have 22 provided us with their summation of this bill 23 and, to quote Senator Cook, it has three cigars 10644 1 indicating they think it is a very, very bad 2 bill, and I would dispute their rating of this 3 bill with the three cigars, but more 4 importantly, I would like to offer the 5 perspective of a landowner and a farmer as to 6 what it means to the stewards of the land in 7 this state, farmers who are faced with enormous 8 environmental danger and damage to their own 9 land, something which EPL seems not to even 10 consider when it puts out this memo and, in 11 fact, it troubles me greatly to see that a group 12 which labels itself as an environmental 13 protection group would have so little regard for 14 the manner in which farmers conduct their 15 activities because farmers more carefully 16 safeguard the land than do any of the rest of 17 the citizens in this state because it is, in 18 fact, their livelihood. 19 But EPL, in putting this memo 20 together, has used the phrase that, because this 21 bill would essentially create an open season on 22 beavers -- not true, by the way, for anybody 23 reading the bill as Senator Wright so carefully 10645 1 explained -- and I'm further quoting from the 2 EPL memo, "*** and lead to the destruction of 3 thousands of acres of wetland, EPL strongly 4 opposes this bill." 5 This shows just how backwards EPL 6 has this situation. It is not farmers 7 destroying wetlands that is the issue here. It 8 is beavers creating wetlands out of viable farm 9 land that is the issue that has led to the 10 necessity for this bill. 11 Most farmers enjoy beavers as do 12 the rest of us. I have a couple of beavers 13 building a beautiful lodge. Senator Connor, you 14 might like to bring your children; Senator 15 Wright, your children are welcome to come and 16 watch this lodge and dam under construction just 17 adjacent to my farm. 18 Now, let me tell you what is 19 happening with that lodge and that dam. All of 20 us have heard the expression "busy as a 21 beaver." By golly, these little critters have 22 made sure that in a relatively short period of 23 time they have flooded the stream over its banks 10646 1 and it is continuing to flood and soon will 2 engulf a great deal of tillable land. 3 The result of that is that a 4 farmer who is forced to get a permit from DEC or 5 forced to wait for an authorized DEC trapper to 6 come and remove those beavers will face the 7 certain loss of a crop or hay or pasture land, 8 and agriculture, my colleagues, is our number 9 one industry in this state. There may not be 10 many farmers left in this Legislature in either 11 house, but we owe it to respect the farmers of 12 this state that when they feel the need for a 13 measure like this, we should give it some 14 serious consideration. 15 I think it's unfortunate that 16 it's come up this late, that it didn't come 17 through the usual committees, but I think 18 Senator Wright did an admirable job of 19 explaining it. He used careful statistical 20 analysis, discussed the relationship between DEC 21 and those purveyors of the land, those who have 22 timber or agricultural -- other agricultural 23 activities who would be affected by this. So 10647 1 before you take too literally the words of EPL, 2 listen to those of us who do have to live side 3 by side with beavers and do experience the loss 4 of our lands to wetlands. It is not, as EPL 5 would describe, the loss of wetlands to 6 agriculture that has necessitated this bill. 7 I would urge an "aye" vote on 8 this measure tonight. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 9. This 12 act shall take effect on the 1st day of 13 October. 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 Chair recognizes Senator 20 Sears to explain his vote. 21 SENATOR SEARS: Thank you, Mr. 22 President. 23 I would just like to point out 10648 1 that I value the beaver as the state animal. I 2 am also a co-sponsor of this bill, and let me 3 just point out one other thing and that is that 4 when you trap the beaver, you don't have to trap 5 them to kill them. 6 We have a situation that a very 7 popular shopping center up in New Hartford just 8 outside of Utica, there was a problem when it 9 was built because there was beaver to the 10 wetland. We solved the problem by taking these 11 beaver out of there, but we live trapped them 12 and replanted them somewhere else and there was 13 nothing wrong with them. We didn't kill them. 14 They had a brand new life, they started building 15 beaver dams at another location. So this thing 16 isn't all bad. 17 I might remind you of something 18 else. I think so much of the beaver, those of 19 you who may have had an illness at one time or 20 another, I developed a get well card that uses 21 the beaver in it, and for those of you who may 22 have received one, it simply is a clothesline 23 with a beaver in a night shirt hangin' on the 10649 1 clothesline like this (indicating) and my 2 message simply says "Hang in there and get 3 better." 4 I vote for the bill. Thank you. 5 ACTING PRESIDENT KUHL: Senator 6 Sears will be recorded in the affirmative. 7 Senator Oppenheimer to explain 8 her vote. 9 SENATOR OPPENHEIMER: It's just 10 about every environmental group that is against 11 this, it's not just EPL. It's Sierra; it's 12 Audubon; it's a whole listing of them, and I 13 agree with Senator Sears that there are humane 14 ways to trap the beaver. I just do not believe 15 that the leg snare trap is something that we 16 want to subscribe to in the state of New York. 17 I'll be voting no. 18 ACTING PRESIDENT KUHL: Senator 19 Oppenheimer recorded in the negative. Senator 20 Paterson to explain his vote. 21 SENATOR PATERSON: Mr. President, 22 I just want the record to note that 23 Environmental Advocates, Sierra Club, Actors and 10650 1 Others for Animals, People for Animal Rights and 2 a number of groups are against this bill. One 3 of their sources of opposition was not mentioned 4 in this discussion is the fact that the under 5 water traps that are also allowed in this bill 6 would trap the loons which are an endangered 7 species, would also trap otters and turtles and 8 probably anybody else who would be in the 9 stream. 10 We urge a no vote. 11 ACTING PRESIDENT KUHL: How do 12 you vote, Senator Paterson? 13 SENATOR PATERSON: No. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson will be recorded in the negative. 16 Results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar 1444 are Senators 19 Abate, Dollinger, Goodman, Jones, Leibell, 20 Maltese, Marcellino, Markowitz, Maziarz, 21 Oppenheimer, Paterson, Solomon, Stachowski, 22 Stavisky, Senator Tully, Senator Connor, also 23 Senator Montgomery, also Senator Levy, also 10651 1 Senator LaValle. Ayes 40, nays 19. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Secretary will continue to call 5 the controversial calendar. 6 THE SECRETARY: Calendar Number 7 1450, by Senator Hannon, Senate Print Number 8 4315A, an act - 9 SENATOR CONNOR: Explanation. 10 ACTING PRESIDENT KUHL: Senator 11 Hannon, an explanation of Calendar Number 1450 12 has been asked for by the Minority Leader. 13 SENATOR HANNON: Yes, Mr. 14 President. 15 This bill requires that any 16 contract by NYPA, New York Power Authority be - 17 that would be between it and the federal entity 18 be under the determination that it's for the 19 benefit of the area ratepayers. 20 ACTING PRESIDENT KUHL: Senator 21 Connor. 22 SENATOR CONNOR: Yes, Mr. 23 President. Will Senator Hannon yield to a 10652 1 question? 2 SENATOR HANNON: Yes. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR CONNOR: Thank you, 6 Senator. 7 Could you give me an example? 8 Are there existing contracts? I mean is this a 9 real problem somewhere, or are we just antici 10 pating somehow or other in the future that the 11 New York Power Authority will start giving away 12 electricity to the federal government? 13 SENATOR HANNON: Well, the 14 genesis of this is that the -- there's currently 15 a vieing between the Con Ed and NYPA as to who 16 can supply power to the United States for usage 17 in the New York City area and, of course, NYPA, 18 if it does it, can supply power at a no tax 19 basis, no utility gross receipts basis, et 20 cetera, so they have this distinct advantage and 21 the thought here is, unless they do something 22 that would be for the benefit of the area 23 involved, the city of New York, that they ought 10653 1 not to do that. 2 Remember, we have about one-third 3 of gross receipts of the Con Ed that goes for 4 some tax of one form or another, so we as a 5 state and the -- the legislators have a vested 6 interest in having it being -- go towards Con 7 Ed, so we can use it as a vehicle for greater 8 tax collection. We know that both the city and 9 the state have problems in revenue, so this 10 would be a good reason for doing it. 11 SENATOR CONNOR: Mr. President, 12 would the Senator yield for another question? 13 SENATOR HANNON: Yes. 14 ACTING PRESIDENT KUHL: Senator 15 continues to yield. 16 SENATOR CONNOR: Senator, I 17 assume you're referring to indirect taxes 18 because would not any direct taxes by a 19 ratepayer find the federal government exempt 20 from such state taxation? 21 SENATOR HANNON: The gross 22 receipts that come to the utilities, I don't 23 believe so. 10654 1 SENATOR CONNOR: That's an 2 indirect tax. 3 SENATOR HANNON: When I said a 4 third, we're talking about the indirect tax. 5 SENATOR CONNOR: O.K. 6 SENATOR CONNOR: That's why we 7 have a separate category for utilities just in 8 the city of New York. That's why we have them 9 keeping their same percentage of the rate base, 10 of the real property tax base, that they've 11 always had; so yeah, but it's a question of 12 where we're going to collect the money. 13 For instance, the other thing 14 that I thought of is, look, NYPA gets to sell 15 this at about, oh, about 7 cents a kilowatt. I 16 don't know what Con Ed's price is, but my guess 17 is it's about 13, 14 cents a kilowatt, so you 18 can see the advantage that it has. 19 If we want to have that type of 20 differential, why don't we get those low kilo 21 watts going to residents of the city of New York 22 and Westchester and Long Island where we're 23 paying way above that? I just can't see it and 10655 1 this is all at a time, surprised you'd be, you 2 know, objecting to this. This is all at a time 3 when the federal government says in its drive to 4 balance the budget they're going to take 5 billions of dollars out of the state of New 6 York. 7 SENATOR CONNOR: Thank you. On 8 the bill, Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Connor, can you excuse me just a minute? 11 Gentlemen, ladies, can we keep it down just a 12 little bit, please. It's very noisy in here. 13 We only have a few bills left, and members 14 please take their seats, conversations out of 15 the chamber. 16 Thank you, Senator Connor. 17 Senator Connor, on the bill. 18 SENATOR CONNOR: Yes, Mr. 19 President. 20 I didn't realize that we had such 21 a problem. I can think of these federal 22 facilities in the city of New York with which 23 I'm familiar in my own district, Governor's 10656 1 Island which was for many years an Army facility 2 and then the Coast Guard, I think, they're going 3 to close that now. I think the city of New York 4 would rather keep those 6,000 military personnel 5 there and remember when they represented Staten 6 Island, we had a Homeport, big investment by the 7 federal government supported by many, many 8 people in New York City, albeit controversial in 9 some quarters. Unfortunately, that's closed. 10 I know just a couple years ago 11 the city of New York was fighting to keep the 12 Homeport. It seems to me that while local input 13 is important, the federal government is just not 14 the enemy. I would hate to see federal 15 installations moved from New York State and New 16 York City because regrettably for some of the 17 reasons Senator Hannon pointed out in terms of 18 gross receipts taxes and other things, 19 regrettably in past years utilities somehow or 20 other had looked like easy pickings because 21 they're there and they can't go anywhere and the 22 ultimate taxpayer, the ratepayer, has the impact 23 of the taxes somehow or other, but I would 10657 1 really in this time of shrinking federal 2 government, shrinking federal facilities, 3 military and non-military, as the federal 4 government moves to balance its budget, there is 5 only one way it can do it and that is by making 6 government smaller and more efficient as the 7 President just outlined, and I know Congress has 8 their version of that, and I'm sure they'll work 9 that out. 10 I would just hate to do something 11 that would encourage the federal government to 12 say, Let's pull out of New York because, gee, 13 power costs there are too much. Senator Hannon 14 said they could conclude, Gee, we're paying 14 15 cents a kilowatt hour because of all the taxes 16 there. If we have a choice between closing the 17 whatever department's facility, whether it's 18 Bureau of Prisons or military or whatever in New 19 York or in Tennessee where power is cheap 20 because of a federal authority, let's close up 21 in New York because we would lose the jobs. We 22 would lose other sorts of revenue that New 23 Yorkers who were employed by the federal 10658 1 government contribute in state taxes, and so 2 on. 3 So I don't see a direct problem 4 here. I see Senator Hannon raises a theoretical 5 problem, and I can see that leading to some very 6 practical problems whereby we could actually 7 lose jobs in New York provided by the federal 8 government. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Hannon. 11 SENATOR HANNON: Yes, Mr. 12 President, just to close. 13 That's why the whole point about 14 benefit. That's why it's a good one and that's 15 why we say that there should be a finding that 16 any agreement would be for the benefit of the 17 ratepayers and for the state because we could 18 recognize there could be some direct benefit. 19 Otherwise, we would just be having these 20 contracts entered into for the aggrandizement of 21 some public benefit corporation which I don't 22 think is why they should exist. 23 I think we should-- they have had 10659 1 a long period of good service to the state. 2 This is just -- the whole thing has just come up 3 in the last two years, and I think we should let 4 them continue with their tradition of service, 5 and that's what this would encourage them to do. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar 1450 are Senators 17 Connor, Hoffmann, Maziarz, Paterson, Sears, 18 Seward and Stachowski. Ayes 52, nays 7. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Secretary will continue to call 22 the controversial calendar. 23 THE SECRETARY: Calendar Number 10660 1 1455, by Senator Cook, Senate Print 5325. 2 SENATOR CONNOR: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Cook, an explanation of Calendar 1455 has been 5 asked for by the Minority Leader. 6 SENATOR COOK: Mr. President, as 7 I -- the information that I have available is 8 that originally the school districts within this 9 particular BOCES had self-insurance, health 10 insurance. I don't know how you do that, but 11 apparently they did. 12 At one point, it became apparent 13 to them that that was not a good idea, so they 14 did pool all of these self-insurance programs 15 into a -- an insurance plan that's functioning, 16 that operates through the BOCES. But they 17 retained the individual plans to the point where 18 the experience rating for each school district 19 became the basis for the rate for that 20 individual school district, so that each one 21 continued to pay its premium based upon whatever 22 claims were made by that -- by the employees 23 from that particular school district. 10661 1 Community rating, of course, 2 requires now that there be a common rate across 3 the entire plan, and what this -- what is going 4 to happen as a result of going to community 5 rating, because there are some school districts 6 that have had very low rates and some that have 7 had comparatively high rates within the system, 8 is that one school district is actually going to 9 face a 77 percent increase in the premium if 10 they have do it all in one year. 11 That's why they're asking for a 12 three-year phase-in so that they can phase that 13 77 percent or whatever those increases are in 14 over a period of time, so that they ultimately 15 will get to community rating, but they want a 16 three-year phase-in period. 17 ACTING PRESIDENT KUHL: Senator 18 Connor. 19 SENATOR CONNOR: Yes, Mr. 20 President. Would Senator Cook yield to a 21 question? 22 SENATOR COOK: Yes. 23 ACTING PRESIDENT KUHL: Senator 10662 1 yields. 2 SENATOR CONNOR: Will not the 3 ratings of some of the, for lack of a better 4 word, better rated school districts in this 5 consortium under community rating go down? 6 SENATOR COOK: They -- yes, they 7 will. 8 SENATOR CONNOR: Yes, the higher 9 rated ones. 10 SENATOR COOK: Yes. At a certain 11 point, Senator, Mr. President, if I may, at a 12 certain point, that's correct, and, of course, 13 that's what community rating is supposed to do, 14 but their original agreement, this is by common 15 agreement among all of them, when they started 16 was they were going to have individual rates so 17 these districts are willing to -- to accept the 18 fact that they will not get, if you will, the 19 benefit simply because it was the original 20 agreement, that was the way they were going to 21 work. Now, they will get there eventually, but 22 it is by common agreement. 23 SENATOR CONNOR: Thank you. 10663 1 Explanation satisfactory. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 ACTING PRESIDENT KUHL: Announce 10 the results when tabulated. 11 THE SECRETARY: Ayes 58, nays 12 one, Senator Dollinger recorded in the 13 negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1459, by the Senate Committee on Rules, Senate 18 Print 5415, an act to amend the Tax Law, the 19 General City Law and the Administrative Code of 20 the city of New York. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 3. This 10664 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 ACTING PRESIDENT KUHL: Announce 6 the results when tabulated. Those members 7 voting in the negative please put your hands up 8 and keep them up so the Secretary can record the 9 negatives. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar 1459 are Senators Cook, 12 Hannon, Holland, Johnson, Lack, Larkin, LaValle, 13 Leibell, Levy, Libous, Marcellino, Oppenheimer, 14 Saland, Skelos, Trunzo, and Tully. Ayes 43, 15 nays 16. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Wright, why do you rise? 19 SENATOR WRIGHT: Mr. President, 20 could I request unanimous consent to be recorded 21 in the negative on Calendar Number 1450. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator Wright 10665 1 will be recorded in the negative on Calendar 2 Number 1450. 3 Secretary will continue to call 4 the controversial calendar, Supplemental 5 Calendar Number 3. 6 THE SECRETARY: Calendar Number 7 1461, by the Senate Committee on Rules, Senate 8 Print 5417, an act to amend the Local Finance 9 Law, in relation to the sale of bonds and notes 10 of the city of New York. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 8. 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 59. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1467, by Senator Stafford, Senate Print 5369, an 23 act to amend the Alcoholic Beverage Control Law, 10666 1 in relation to licenses to sell beer and wine. 2 SENATOR CONNOR: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Stafford, an explanation of Calendar Number 1467 5 has been asked for by several members of the 6 Minority. 7 SENATOR STAFFORD: Thank you, Mr. 8 President. 9 I think I can explain this in a 10 rather timely manner. 11 ACTING PRESIDENT KUHL: Senator 12 Stafford, excuse me for the interruption. It's 13 still too noisy in here. Quiet it down, 14 please. 15 SENATOR STAFFORD: I'll try to be 16 very clear. The industry has asked for this 17 legislation. At the present time, if someone 18 sells both beer and wine spritzers -- wine 19 coolers, excuse me. I'm trying to get out of 20 work here -- wine coolers, they pay $180. 21 Now, what this bill will do, 22 there'll be just one permit and you can sell 23 both for $150. Also to clear it up, at the 10667 1 present time, most of the products sold is malt 2 based, so it really comes under the beer tax, so 3 this is something, I think, that will clear - 4 and no one will be confused and have a beer 5 license and a few wine coolers that are left 6 that would be covered. They will not be selling 7 them without the proper permit. 8 ACTING PRESIDENT KUHL: Senator 9 Connor. 10 SENATOR CONNOR: Yes. If the 11 Senator would yield -- I'm sorry, Senator. 12 Reading the bill and I find the license - 13 SENATOR STAFFORD: I had the same 14 confusion. 15 SENATOR CONNOR: Yeah. One is 16 $150 and one is $320. Which one costs which? I 17 don't understand that. In other words, the 18 annual fee for a license to sell beer and wine 19 products at retail not to be consumed under the 20 present shall be $150. 21 SENATOR STAFFORD: That's what it 22 will be if the bill passes. 23 SENATOR CONNOR: Then it says, 10668 1 "However, when the applicant is the holder of 2 two such licenses ..." You mean if they own two 3 stores? 4 SENATOR STAFFORD: More than two 5 stores. That's the way it is now so it would be 6 the same there. If you have more than two 7 licenses, that's what it would be. 8 SENATOR CONNOR: Is that for more 9 than two premises? 10 SENATOR STAFFORD: Right. 11 SENATOR CONNOR: And then you pay 12 $320 - 13 SENATOR STAFFORD: Right. 14 SENATOR CONNOR: -- for each such 15 license? 16 SENATOR STAFFORD: That's the way 17 it was. 18 SENATOR CONNOR: So your first 19 license is $150 and every one after that is 20 $320, is that it? 21 SENATOR STAFFORD: Right. I will 22 -- let me just emphasize -- okay. 23 Thank you. 10669 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 6. This 4 act shall - 5 ACTING PRESIDENT KUHL: Senator 6 Markowitz -- Senator Jones. 7 SENATOR JONES: Would the sponsor 8 just yield to a question? 9 ACTING PRESIDENT KUHL: Senator 10 Stafford, do you yield to Senator Jones? The 11 Senator yields. 12 SENATOR JONES: Can you just 13 clarify for me, Senator, does this just apply to 14 beer and wine coolers that are currently sold or 15 does this allow retail stories to sell actually 16 bottles of wine that they're not currently 17 doing? 18 SENATOR STAFFORD: Very good 19 question. I asked that this morning. Nothing 20 to do with bottles of wine. 21 SENATOR JONES: It has nothing to 22 do -- this does not give grocery stores the 23 right to -- Thank you. 10670 1 SENATOR STAFFORD: I hope that 2 answers the question. 3 SENATOR JONES: That's what I 4 needed to know. Thank you. 5 ACTING PRESIDENT KUHL: Senator 6 Markowitz, did you wish to speak or was that 7 your question? 8 SENATOR MARKOWITZ: Just one 9 further question, Senator Stafford. 10 ACTING PRESIDENT KUHL: Senator 11 Stafford, do you yield to Senator Markowitz? 12 The Senator yields. 13 SENATOR MARKOWITZ: Thank you. 14 In those sections where we refer 15 to wine spritzers or wine coolers, is it 16 commonly referred to in the lower as wine -- as 17 wine products? 18 SENATOR STAFFORD: Wine products. 19 SENATOR MARKOWITZ: So what is - 20 let me ask you a question then. 21 SENATOR STAFFORD: Very 22 confusing. 23 SENATOR MARKOWITZ: Yeah. What 10671 1 is wine -- I mean, wine is not considered a wine 2 product? 3 SENATOR STAFFORD: Another law 4 altogether. 5 SENATOR MARKOWITZ: Thank you. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect January 1. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1472, by the Senate Committee on Rules, Senate 18 Print 5478, an act to amend the Public 19 Authorities Law. 20 SENATOR CONNOR: Explanation. 21 ACTING PRESIDENT KUHL: The 22 message of necessity was previously accepted. 23 An explanation of Calendar Number 1472 has been 10672 1 asked for. 2 Senator Johnson. 3 SENATOR JOHNSON: Mr. President, 4 this bill makes certain changes in the Public 5 Authorities Law relating to the Long Island 6 Power Authority. It would change the present 7 nine-member board to a seven-member board. It 8 would be five appointees by the Governor, 9 including the chairman and one each from the 10 Speaker of the Assembly and the President of the 11 Senate -- Temporary President of the Senate. 12 There's going to be an oversight function by the 13 Public Authorities Control Board. Anything - 14 any spending over $1 million or any bonding 15 would have to be approved by that body. 16 Also, I think it's very 17 significant that any project which is undertaken 18 by this Authority would have to be determined to 19 be financially feasible, not negatively affect 20 the real property tax rates, hopefully at lower 21 or equal or lower utility rates and not higher 22 rates, and that is what we founded this group 23 nine years ago for. It hasn't done anything 10673 1 helpful in terms of tax rates or utility rates 2 yet, but we're hopeful under this new Governor's 3 administration that this body will be able to 4 function effectively and help Long Island with 5 the horrendous utility rates which we presently 6 suffer under. 7 ACTING PRESIDENT KUHL: The Chair 8 recognizes Senator Connor. 9 SENATOR CONNOR: Yes. Mr. 10 President, would Senator Johnson yield for a 11 question? 12 ACTING PRESIDENT KUHL: Senator 13 Johnson, do you yield? 14 SENATOR JOHNSON: Yes, Mr. 15 President. 16 ACTING PRESIDENT KUHL: The 17 Senator yields. 18 SENATOR CONNOR: Senator, at this 19 late hour, maybe I can shorten it. Do you 20 regard this as significant legislation? 21 SENATOR JOHNSON: Do I think it's 22 significant? 23 SENATOR CONNOR: Yes. 10674 1 SENATOR JOHNSON: I would say so, 2 yes. 3 SENATOR CONNOR: Thank you. And 4 this is a Governor's program bill, if you would 5 yield to a further question, is it not, 6 Senator? 7 SENATOR JOHNSON: Yes, it is. 8 SENATOR CONNOR: Thank you. 9 Mr. President, on the bill. 10 ACTING PRESIDENT KUHL: Senator 11 Connor, on the bill. 12 SENATOR CONNOR: Mr. President, 13 we have rules in this house as the Majority is 14 always prone, and properly so in most cases, to 15 point out to the Minority, but the rules do 16 provide that the Executive, in submitting 17 program bills, must have them in by April 4th, I 18 believe was the date this year. As of April 19 4th, the Governor had submitted but six or seven 20 program bills. 21 Now, as Senator Johnson pointed 22 out, this is significant legislation before us. 23 This involves the governance of an important 10675 1 Authority. It involves a change of some of its 2 membership from an elective to appointive 3 capacity. It involves an Authority that has 4 unlimited authority to go to the market for 5 debt, literally to borrow 8- or $9 billion. 6 Some people have thrown that number around. 7 Indeed, significant legislation, and I look at 8 the bill and it says at the request of the 9 Governor, and I look at the date of introduction 10 and it says June 14th, yesterday. 11 I saw a draft of this yesterday 12 afternoon. This print didn't exist until last 13 night, and I'm informed that actually yesterday 14 in the last 48 hours, some of it as recently as 15 24 hours ago, the Governor has sent up dozens of 16 program bills. Even as thanks to the diligence 17 of the members of this house and the concern of 18 our Majority Leader for a timely conclusion, we 19 are in the closing moments of the -- at least 20 the most -- the regular and ordinary session of 21 this year's session of the Senate, and I wonder 22 -- realistically, a new Governor, I'm not 23 saying, "Gee, he missed April 4th, we shouldn't 10676 1 consider his proposals that are significant." 2 I'm the one who said he didn't have enough time 3 to prepare a budget under our constitutional 4 system. I think we ought to build some more 5 time and we ought to allot a new administration 6 some time but, really, June 14th to propose a 7 whole slew of significant program bills, 8 including this one, to force this Senate in 9 introducing not just this bill but in 10 introducing a couple dozen that have not been 11 brought to the floor today as recently as last 12 night in contravention of the rules of the 13 Senate which require the introduction by April 14 4th? 15 This is picky, picky, picky, gee 16 whiz, so what about the rules, you know, as one 17 member said, What's the Constitution among 18 friends? I guess we can say, What are the 19 Senate rules among friends? As long as we have 20 unanimous consent, I suppose we can do just 21 about anything in terms of the rules, but the 22 more important thing is, where is the public? 23 When does the public get to examine this 10677 1 legislation? Where is the public's view of it? 2 Where is the openness in the process that the 3 Governor promised the public? Where is the 4 chance to scrutinize important legislative 5 proposals? Why deny our fine committee chairs 6 in the Senate as well as in the Assembly and the 7 respective ranking Minority members and the 8 memberships of those committees a chance to have 9 public hearings on these program bills, on these 10 many significant program bills, some of which 11 the Governor announced two days ago in a press 12 conference, things like term limits or whatever, 13 substantial proposals whether you're for them or 14 against them. 15 We need public input. That's 16 what's been wrong with the legislative process, 17 with the governance of this state for some 18 years, and this tardiness putting forth these 19 proposals and expecting the Legislature to act 20 on them -- and I credit the Majority here, 21 frankly, and I know -- I understand their 22 loyalty and general support for the philosophy 23 of the Governor; it's understandable, but I 10678 1 congratulate, frankly, the Majority here for not 2 bringing out more of these program bills even 3 though I fault them over bringing out this one. 4 The fact is, the public ought to 5 have a chance to scrutinize these measures, to 6 question the Governor, to question the 7 Legislature and to have some say so, and we as 8 colleagues ought to have more time -- and I 9 respect, again, the Majority Leader, we're not 10 here -- this is a speech sometimes you would 11 give at 4:00 or 5:00 in the morning and it's not 12 happening. It's only 10:30 at night, but it is 13 10:30 at night and we're just taking up this 14 legislation that was only printed up last night 15 that the public doesn't know about. 16 While this was percolating this 17 afternoon, I heard reports. I received phone 18 calls from Long Island. I heard one Republican 19 county executive didn't like this legislation, 20 was against it. Now, that might have changed in 21 the last few hours, but certainly this afternoon 22 he didn't like it. I heard a member, a present 23 member of this board, a Democratic long active, 10679 1 I guess a Cuomo appointee to this board, didn't 2 like this legislation. That was earlier this 3 afternoon. 4 Why can't we hear from such 5 people in a public forum instead of phone calls 6 from county exec's, "I hear this bill is coming 7 out. It was printed last night. I don't like 8 it." Why aren't there hearings in Long Island 9 about this? We have many fine representatives 10 here from Long Island. Regrettably, they're 11 currently all Republicans in one sense, but fine 12 representatives, perfectly capable of going out 13 and soliciting input from their constituents as 14 they ought to about what Senator Johnson 15 candidly admits is significant legislation 16 involving a significant public authority, a 17 public policy, a public authority that has 18 literally the financial capacity to borrow 19 billions of dollars. 20 I don't understand this. I don't 21 understand this when we were promised with this 22 new administration openness, accountability, 23 public input, no more legislating behind closed 10680 1 doors, reflection and consideration for legisla 2 tion. I don't understand this Legislature being 3 treated to the spectacle of program bills which 4 come out literally the night before the session 5 closes when, in fact, even for a new 6 administration, I wouldn't make this complaint 7 if it was a month late, if we got it on May 4th 8 or May 10th. There would at least be some time 9 to let the press scrutinize this, some time to 10 let the public comment, some time for me, my 11 colleagues to make phone calls to people 12 involved in this issue and say, "What do you 13 think of this?" There's no such time. 14 In view of that such significant 15 legislation going from elected representatives 16 to appointed representatives involving all of 17 this, I urge my colleagues under the 18 circumstances to vote no. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect July 15th. 23 SENATOR CONNOR: Slow roll call. 10681 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Are there 5 five Senators standing? A request for a slow 6 roll call has been made. 7 The Secretary will call the roll 8 slowly. 9 THE SECRETARY: Senator Abate. 10 SENATOR ABATE: No. 11 THE SECRETARY: Senator Babbush. 12 (There was no response.) 13 Senator Bruno. 14 SENATOR CONNOR: Party vote in 15 the negative. 16 ACTING PRESIDENT KUHL: The 17 Secretary will record the party line votes. 18 SENATOR BRUNO: Party vote in the 19 affirmative. 20 THE SECRETARY: Ayes 36, nays 23. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Bruno, that completes the 10682 1 controversial calendar. Can we have order in 2 the chamber, please. 3 The Chair recognizes Senator 4 Connor. 5 SENATOR CONNOR: Thank you, Mr. 6 President. 7 Upon the assurance of the 8 Majority Leader that this, indeed, is the close 9 of session, although we are planning a return to 10 Albany in two weeks, I would like to take this 11 opportunity as a rookie Minority Leader to make 12 some brief traditional closing remarks. 13 It has been an interesting 14 session, in many ways, as I just alluded to. I 15 have some disappointments about the process, but 16 there have certainly been signs of encouragement 17 as well, encouragement in this house. 18 I want to thank the Majority 19 Leader and the members of the Majority certainly 20 for their courtesies and Senator Bruno who, if I 21 may characterize him also as a rookie Majority 22 Leader, has been refreshing, sometimes 23 demanding, Senator, but always courteous and 10683 1 always full of new ideas. I think in many 2 respects you have kept your promise to open up 3 things in many important respects, and for that 4 I thank you. We are disappointed in others and 5 we will engage you, from time to time, in the 6 coming year to point out what we view at least 7 as some shortcomings. 8 I am disappointed that the budget 9 process which I was very excited to join, given 10 the promise of the Governor in his campaign in 11 the State of the State address developed into 12 weeks of three men and a budget and that is 13 something we should all address not in a 14 partisan way but we ought to look at ways to 15 change the system. 16 On a personal level, I certainly 17 must thank someone who has just done a superb 18 job, in my opinion, for our side day after day 19 out here. I think really except for the last 20 few bills when I exercised my prerogative to 21 lead through the calendar, he has been here 22 every other day of this session and has 23 certainly discharged his responsibilities with 10684 1 great grace, wit and intellect and much loyalty 2 and love: Senator David Paterson, my deputy, 3 and for that, I thank him. 4 (Applause.) 5 My thanks also to the assistant 6 floor leader who has been very helpful both to 7 me and David, Senator Bill Stachowski, to 8 someone who we have not seen much of this 9 session, but I assure you as an elder advisor, I 10 think I talked today to Joe Galiber three times 11 and twice yesterday, and so on. He has been 12 present with me and us certainly more in spirit 13 but in communicating to us at least twice a day 14 getting a call from him saying, What's going on, 15 and sharing his advice and we do wish him a 16 speedy return, but I do want to mention the 17 Ranking Minority member on Finance, Senator 18 Galiber, and I know he would like to hear from 19 all of you, cards, notes, letters and calls. 20 To the rest of our leadership and 21 to my colleagues in the Minority, I thank you. 22 I thanked you in the beginning for your 23 expressions of trust. I thank you now for your 10685 1 cooperation which has been superb. You have 2 been responsive. You have worked well as a team 3 and I have had a whole lot of fun doing this, 4 and so while we will be back shortly, I also 5 want to thank my staff, my counsel, Michael 6 Boxley, John Quirk, our Finance secretary and 7 Mark Bloom, our secretary to the Minority, Amy 8 Solomon and many, many other members of my 9 staff, senior, junior and otherwise who have 10 taught me very much this session. 11 Mr. President, I do thank all 12 these people. I thank you for your courtesy and 13 I wish everyone, I would say an enjoyable 14 break. It will be a short one and then we'll 15 launch a real summer, hopefully in two weeks. 16 Thank you very much. 17 (Applause.) 18 SENATOR BRUNO: Mr. President, 19 would you recognize Senator Montgomery. 20 SENATOR MONTGOMERY: Thank you, 21 Mr. President. 22 I would ask to be recorded in the 23 negative on Calendar 1466 with unanimous 10686 1 consent, please. 2 ACTING PRESIDENT KUHL: Without 3 objection, Senator Montgomery will be recorded 4 in the negative on Calendar Number 1466. 5 The Chair recognizes Senator 6 Bruno. 7 SENATOR BRUNO: Yes, Mr. 8 President. Thank you. 9 Mr. President, it seemed like 10 really not too many days ago that we started 11 this session in January, we were gathered here, 12 and the months have gone by and we're concluding 13 on June 15th as we had planned, and I want to 14 thank everyone that has been involved in the 15 process in my first term and year here as 16 Majority Leader and as a rookie, along with my 17 good friend and colleague, Senator Marty Connor. 18 To do what we have done this year 19 took a lot of support and a lot of help, and I'm 20 not going to go on at great length, but I have 21 to say thank you to so many people, and there 22 are many that I won't mention who also deserve 23 thanks, because people worked literally through 10687 1 the night seven days a week to make things 2 happen, and we did a lot of good things this 3 session, Mr. President. 4 We've served the people well. We 5 passed a budget; we in this house passed one on 6 March 31st. We passed a final budget that 7 literally turns the direction of this state in a 8 very positive way by meeting the needs of the 9 people. We have a great Governor who has 10 provided the leadership in the submission of his 11 budget and being diligent in staying with what 12 he believed in and helped us through the 13 process, and I am grateful to Governor Pataki 14 for his guidance, his leadership on our behalf 15 and the people of this state, and all the people 16 that worked very closely with him who have 17 helped make this evening a successful evening. 18 I want to thank people who are 19 very close to us here. On my right, Senator 20 Dean Skelos, our deputy who has spent hours in 21 this chamber, hours when he has been diligent in 22 helping make all of the effective things happen 23 in this chamber and making us look good so, 10688 1 Dean, I thank you very much for that. 2 (Applause.) 3 And for all of you -- all the 4 other people in leadership positions that have 5 participated in the process and really made it 6 happen, I thank you. 7 Abe Lackman who -- the Secretary 8 to Finance, I would not go through or want to go 9 through a budget negotiation without Abe there 10 helping, directing, leading in making something 11 happen that was important to all of us here in 12 the state. So, Abe, thank you. I wouldn't want 13 to count the hours and the days that he spent 14 along with his staff who stayed with him -- many 15 of the men in the room now, and I thank you all 16 for that. 17 (Applause.) 18 And the chair of the Finance 19 Committee, Senator Ron Stafford, who has been a 20 real partner in helping us with all of the 21 things that we've had to do and, Ron, thank you 22 for being a good friend. 23 (Applause.) 10689 1 Tim Collins and Dave Dudley, I 2 can't recount all the good things that they have 3 done and all of us recognize what it takes, I 4 believe, to get a calendar, a live list, believe 5 it or not, a day before session, I think 6 continually, constantly getting the Rules 7 reports out, maybe for the first time in my 19 8 years that I saw that happen, happen so well, 9 and other than a little printing problem we had, 10 things were flawless. 11 This evening we were slowed down 12 for about 45 minutes or an hour for truly 13 mechanical difficulties, but I want to say thank 14 you to both of you for all of the time, all of 15 the effort that you've spent to help get us here 16 tonight. I want to applaud them. 17 (Applause.) 18 My chief of staff, Steve Boggess, 19 I believe is here in the chamber, and Steve has 20 been with me for more years than either one of 21 us care to remember. I keep aging, he gets 22 younger. Something is wrong, but thank you, 23 Steve, for being there and being here tonight, 10690 1 and Pat Stackrow, my executive assistant, and 2 all of the others that helped me do the job that 3 we've had to do this year and I really couldn't 4 function without these good people around me. 5 John McArdle, who handles the 6 office of communications and who is as diligent 7 as any individual can be, and Marsha White, my 8 press secretary who this year took on 9 responsibilities not knowing what she or John 10 were getting into in trying to make me look good 11 and sound good. Most of the time they did all 12 right, sometimes not so good. 13 (Applause.) 14 We have a Minority Leader in the 15 Assembly, "Rap" Rappleyea who has really been a 16 leader to me and has been extremely helpful, and 17 if "Rap" hears us, I just want to say a sincere 18 thank you to him. 19 And there's so many other people 20 that are around me and I know that as soon as I 21 sit down, I will realize that I have neglected 22 to mention them. I won't be able to sleep 23 tonight, we'll have to convene again tomorrow so 10691 1 I can finish. 2 Senator Marty Connor, our 3 Minority Leader, has been a very worthy member 4 of this house and of the Minority and has 5 handled himself in all of the ways that he 6 should in representing his side of the aisle and 7 his constituency and has been as cooperative as 8 he could be and not so cooperative at 9 appropriate times, and I recognize the necessity 10 of that, but we have had an early process and, 11 you're right with Senator Dave Paterson who has 12 been in the chamber who helped make it work and 13 make it happen and I thank you very, very much, 14 because we really couldn't have the process 15 orderly or disorderly at times without your 16 participation in the process, because it takes 17 both sides of the aisle to make anything happen 18 that is really worth making happen. So thank 19 you for your participation most of the time. 20 And the Journal clerks work 21 through the night and I thank you for that and 22 Steve Sloan, our Sergeant-at-Arms, our pages 23 that are here who just make it all happen around 10692 1 here, and those of us that work here and 2 deliberate here take a lot of things for 3 granted. I know I do and I did, and I just want 4 to at this moment recognize that none of this 5 happens by itself. It takes all of the people 6 that are around us to help us do what we get 7 done, and I thank them for that. 8 We did do a lot of good things. 9 I'm not going to go through them. We adopted a 10 budget that will make us all proud as we go out 11 in our constituency. For the first time in 51 12 years, we cut state spending by 364 million or 13 so. We did a death penalty. We did a $3.6 14 billion tax package, faced a $5 billion deficit 15 and we're able to get a budget together. We did 16 welfare reform. We truly did change the 17 direction of this state, and we all in this 18 chamber can be proud. 19 We are concluding our regular 20 session and we will reconvene on the 27th, 21 hopefully to adjourn on the 29th. In the 22 interim, we will have a selective calendar that 23 we will put together. We will not have an open 10693 1 calendar, so this closes our regular session, 2 and I'm proud to have served with you through 3 this first session and proud of the fact that 4 we're able to, with you and without you we 5 couldn't have done it. Started on time. Had no 6 all-night sessions, and I'll stop talking so we 7 don't do this one all night, but we did it, and 8 a lot of people were skeptical in that we 9 couldn't do it, but working together 10 cooperatively we did it, and I think we can all 11 be proud of that. 12 I am proud of it, proud of you 13 and the participation that we've had. This has 14 been a team and all of us are on that team, 15 everyone. 16 So I thank you. 17 And now my counsels will tell me 18 what I forgot. I would like to at this time, 19 Mr. President, recommit all the calendar bills 20 to the Committee on Rules. 21 ACTING PRESIDENT KUHL: Without 22 objection, all bills will be recommitted to the 23 Committee on Rules. 10694 1 SENATOR BRUNO: And I -- before I 2 move for adjournment, I want to also recognize 3 our Lieutenant Governor who was here earlier and 4 couldn't be here now and thank her publicly for 5 her good work in this chamber and outside of 6 this chamber on behalf of the Senate and all of 7 the people of this state. 8 And, Mr. President, there being 9 no further business to come before this house, I 10 move that we adjourn until 10:00 a.m. on June 11 27th, intervening days to be legislative days. 12 Thank you, and thank you, Mr. 13 President. 14 ACTING PRESIDENT KUHL: Without 15 objection, the Senate stands adjourned until 16 Tuesday, June 27th, at 10:00 a.m. 17 (Applause.) 18 (Whereupon, at 10:55 p.m., the 19 Senate adjourned.) 20 21 22 23