Tuesday, March 5, 1996

1703 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 5, 1996 10 3:03 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1704 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask all the members 4 to find their places and rise and join with me, 5 along with the members in the gallery, in saying 6 the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.). 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (A moment of silence was 12 observed.) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Monday, March 4th. The Senate met pursuant to 16 adjournment, Senator Kuhl in the Chair. The 17 Journal of Sunday, March 3rd, was read and 18 approved. On motion, the Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 1705 1 Messages from the Governor. 2 Reports of standing committees. 3 I'll ask the Secretary to read. 4 THE SECRETARY: Senator Hannon, 5 from the Committee on Health, reports the 6 following bills: Senate Print 206, by Senator 7 Holland, an act to amend the Public Health Law, 8 in relation to notification of local Social 9 Services Departments; 10 468, by Senator Holland, an act 11 to amend the Public Health Law, in relation to 12 providing an immunization schedule for children; 13 653, by Senator Skelos, an act to 14 amend the Public Health Law, in relation to 15 discovery by police officers; 16 4442, by Senator Libous, an act 17 to amend the Public Health Law, in relation to 18 requiring consent for visual observation; 19 4805, by Senator Maziarz, an act 20 to amend the Public Health Law, in relation to 21 notification; 22 4910, by Senator Velella, an act 23 to amend the Public Health Law, in relation to 1706 1 limiting the automatic stay upon filing a 2 notice; 3 5944, by Senator Johnson, an act 4 to amend Chapter 572 of the Laws of 1994. 5 Senator Spano, from the Committee 6 on Labor, offers up the following bills: Senate 7 Print 1544, by Senator Kuhl, an act to amend the 8 Workers' Compensation Law, in relation to 9 workers' compensation coverage; 10 1657, by Senator Nozzolio, an act 11 to authorize and direct the Workers' 12 Compensation Board; 13 1970, by Senator DeFrancisco, an 14 act to amend the Workers' Compensation Law, in 15 relation to licensed boxers; 16 2709, by Senator Leibell, an act 17 to amend the Labor Law, in relation to 18 additional eligibility requirements; 19 3974, by Senator Spano, an act to 20 amend the Labor Law, in relation to licenses to 21 possess and sell explosives; 22 4515, by Senator Spano, an act to 23 amend the Workers' Compensation Law, in relation 1707 1 to teaching activities of board members; 2 5341, by Senator Spano, an act to 3 amend the Labor Law, in relation to registration 4 by a manufacturer or contractor. 5 Senator Volker, from the 6 Committee on Codes, offers up the following 7 bills: Senate Print 1410, by Senator Levy, an 8 act to amend the Penal Law, in relation to the 9 offense of assault in the second degree; 10 5162, by the Committee on Rules, 11 an act to amend the Penal Law, in relation to 12 harassment of teachers. 13 Senator Levy, from the Committee 14 on Transportation, offers up the following 15 bills: Senate Print 484, by Senator Maltese, an 16 act to amend the Vehicle and Traffic Law, in 17 relation to requirements concerning limousines; 18 1382, by Senator Kuhl, an act to 19 amend the Vehicle and Traffic Law, in relation 20 to appropriated reduced speeds; 21 3153, by Senator Cook, an act to 22 amend the Highway Law, in relation to creating a 23 farm and business transportation program; 1708 1 3537, by Senator Nozzolio, an act 2 to amend the Vehicle and Traffic Law, in 3 relation to traffic regulations; 4 4856-C, by Senator Levy, an act 5 to amend the Vehicle and Traffic Law, in 6 relation to increasing fines. 7 Senator Present, from the 8 Committee on Commerce, Economic Development and 9 Small Businesses, offers up the following: 10 Senate Print 669, by Senator Padavan, an act to 11 amend the State Administrative Procedures Act, 12 in relation to denial of a license. 13 Senator Cook, from the Committee 14 on Education, offers up the following bills: 15 Senate Print 520, by Senator Skelos, an act to 16 amend the Education Law, in relation to 17 notification; 18 762-B, by Senator Cook, an act to 19 amend the Education Law and the Family Court 20 Act, in relation to reducing school violence; 21 2234, by Senator Babbush, an act 22 to amend the Education Law, in relation to 23 obtaining and publishing annually data on 1709 1 numbers; 2 4246-A, by Senator Cook, an act 3 to amend the Education Law, in relation to 4 education of certain youth; 5 4248-A, by Senator Cook, an act 6 to amend the Education Law, in relation to 7 services for incarcerated youth; 8 4440, by Senator Libous, an act 9 to amend the Education Law, in relation to 10 vocational rehabilitation; 11 5157, by the Committee on Rules, 12 an act to amend the Education Law, in relation 13 to prompt initiation action against students who 14 disrupt the educational process; 15 5160, by the Committee on Rules, 16 an act to amend the Education Law, in relation 17 to protection of school employees. 18 Senator Seward, from the 19 Committee on Energy and Telecommunications, 20 offers up the following bills: Senate Print 21 4301, by Senator Seward, an act to amend the 22 Public Service Law, in relation to information 23 provided to telephone subscribers; 1710 1 6141, by Senator Seward, an act 2 to amend the Public Service Law, in relation to 3 annual reports for gas, electric, steam and 4 water corporations; 5 6142, by Senator Seward, an act 6 to amend the Public Service Law, in relation to 7 the elimination of the mandate for Public 8 Service Commissions. 9 Senator Holland, from the 10 Committee on Social Services, offers up the 11 following bills: Senate Print 314-A, by Senator 12 Holland, an act to amend the Social Service Law, 13 in relation to providing certain applicants; 14 2046-B, by Senator Holland, an 15 act to amend the Social Service Law and the 16 Workers' Compensation Law, in relation to liens; 17 2784, by Senator Saland, an act 18 to amend the Social Service Law, in relation to 19 eligibility for operating certificates; 20 3520, by Senator DeFrancisco, an 21 act to amend the Social Service Law, in relation 22 to the transportation of certain persons; 23 5714, by Senator Holland, an act 1711 1 to amend the Social Service Law, in relation to 2 dependent children on home relief. 3 All bills directly for third 4 reading. 5 ACTING PRESIDENT KUHL: Without 6 objection, all bills are reported directly to 7 third reading. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 SENATOR GOLD: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Gold. 15 SENATOR GOLD: Mr. President, now 16 that I have been recognized, on page 18, I offer 17 the following amendments to my Calendar Number 18 332, Senate Print 5170, and ask that the bill 19 retain its place on the Third Reading Calendar. 20 ACTING PRESIDENT KUHL: The 21 amendments to Calendar Number 332 are received 22 and adopted. The bill will retain its place on 23 the Third Reading Calendar. 1712 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 can we at this time adopt the Resolution 4 Calendar. 5 ACTING PRESIDENT KUHL: The 6 motion is to adopt the Resolution Calendar. All 7 those in favor signify by saying aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The Resolution Calendar is 12 adopted. 13 Senator Bruno, that brings us to 14 the calendar. 15 SENATOR BRUNO: Mr. President, 16 can we at this time take up the non 17 controversial calendar. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the non-controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 19, by Senator LaValle, Senate Print 1918-A, an 23 act to amend the Education Law and the Public 1713 1 Officers Law, in relation to the Board of 2 Regents of the University of the state of New 3 York. 4 SENATOR PATERSON: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 20, by Senator LaValle, Senate Print 2178-A, an 9 act to amend the Education Law, in relation to 10 the Board of Regents of the University of the 11 state of New York. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 248, by Senator Sears, Senate Print 3921-A, an 20 act to amend the Environmental Conservation Law, 21 in relation to increasing civil penalties 22 associated with the unlawful taking of fish and 23 wildlife. 1714 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on September 1st, 1996. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 47. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 261, by Senator Johnson, Senate Print 2355, an 13 act to amend the Education Law, in relation to 14 requiring that the State University graduation 15 ceremonies include the Pledge of Allegiance and 16 the National Anthem. 17 SENATOR GOLD: Lay it aside, 18 please. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 276, by Senator DiCarlo, Senate Print 499-A, an 23 act to amend the General Obligations Law, in 1715 1 relation to exoneration of certain police 2 officers. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 47. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 279, by Senator Lack, Senate Print 1298, an act 16 to amend the Real Property Law, in relation to 17 allowing the assignment of mortgage in lieu of a 18 certificate of discharge. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 282, by Senator Lack, Senate Print 3775-A, an 1716 1 act to amend the Family Court Act, in relation 2 to the duty to support recipients of public 3 assistance. 4 SENATOR BRUNO: Lay it aside for 5 the day. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside for the day. 8 THE SECRETARY: 285, by Senator 9 Lack, Senate Print 6008, an act to amend the 10 Judiciary Law and Chapter 397 of the Laws of 11 1988, amending the Judiciary Law. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect April 1st, 1996. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 47. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 288, by Senator Kuhl, Senate Print 1546, an act 1717 1 to amend the Real Property Tax Law, in relation 2 to appointments made to the state Board of Real 3 Property Services. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 47. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 292, by Senator Farley, Senate Print 5762, an 16 act in relation to the dissolution of Fire 17 District Number 1 and extension of Fire 18 Districts Number 6 and 9. 19 ACTING PRESIDENT KUHL: There's a 20 home rule message at the desk. The Secretary 21 will read the last section. 22 THE SECRETARY: This act shall 23 take effect immediately. 1718 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 47. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 293, by Senator Lack, Senate Print 5991, an act 9 to amend the County Law, in relation to 10 permitting district attorneys and their 11 assistants to administer oaths. 12 ACTING PRESIDENT KUHL: The 13 Sec... 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 299, by Senator Cook, Senate Print 562, an act 19 to amend the Highway Law, in relation to the 20 definition of the Southern Tier Expressway. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 6. This 1719 1 act shall take effect on the first day of July. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 47. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 300, by Senator Present, Senate Print 1414, an 10 act to amend the Vehicle and Traffic Law and the 11 Parks, Recreation and Historic Preservation Law, 12 in relation to the registration of snowmobiles. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 48. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 1720 1 301, by Senator Goodman, Senate Print 1695-A, an 2 act to amend the Transportation Law, in relation 3 to increasing penalties for violating a motor 4 carrier certificate. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 326, by Senator Johnson, Senate Print 3327, an 18 act to amend the Criminal Procedure Law, in 19 relation to requiring certain persons committed 20 to the custody of the sheriff. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 1721 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Bruno, that completes the 9 non-controversial calendar. 10 SENATOR BRUNO: Mr. President, 11 can we at this time take up the controversial 12 calendar. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the controversial calendar, 15 commencing with Calendar Number 19. 16 THE SECRETARY: Calendar Number 17 19, by Senator LaValle, Senate Print 1918-A, an 18 act to amend the Education Law and the Public 19 Officers Law, in relation to the Board of 20 Regents of the University of the state of New 21 York. 22 ACTING PRESIDENT KUHL: Senator 23 LaValle. 1722 1 SENATOR LAVALLE: Mr. President, 2 on -- on the bill, on Calendar Number 19 -- and 3 I'm also going to speak a little bit about 4 Calendar Number 20 at the -- at the same time. 5 This very day, statutorily we are 6 charged with the responsibility of either 7 agreeing or not with the Assembly, by 8 resolution, whether we approve of nominees, 9 candidates to -- for a seat on the Board of - 10 Board of Regents. If we do not agree today, 11 then I think as many of the members who have 12 served here know, that we will meet in joint 13 session -- or under the statute it calls for a 14 joint session of the houses to come to some sort 15 of agreement. 16 I have, as you know -- and the 17 second bill, Calendar Number 20, actually moves 18 the process, the date which we contemplate this 19 whole issue, and it's, indeed, a very, very 20 important issue to select members to the Board 21 of Regents from the month of March to the third 22 Tuesday in May, and that date was chosen in 23 discussion with many people that we would move 1723 1 it out of the traditional time in which we deal 2 with the state budget. 3 The selection of members of the 4 Board of Regents, as I have indicated time and 5 time again, is very, very important. These 6 Regents that serve all 16, one from each of the 7 12 judicial districts and four at-large -- 16 8 Regents are the policy-making board that have an 9 enormous impact on what takes place in our 10 classrooms in the elementary and secondary 11 sector, what takes place in higher education, 12 approval of master plan amendments, dealing with 13 the professions and professional discipline, 14 dealing with our libraries, the archives, the 15 State Museum, indeed a very, very enormous role 16 in a policy-making board that they serve. So to 17 contemplate this at a time when everyone's 18 focus, everyone's abuzz about the budget really 19 does not serve us or the policymakers well. 20 The first bill, Calendar Number 21 19, deals with the issue of the process, the 22 actual process in how we get people into the 23 pipelines so that we will cast a yea or a nay 1724 1 vote, and that process is disjointed. It's one 2 that is legislatively invented. It depends on 3 who the chairs are at the time or how much they 4 can be involved, depending on their legislative 5 duties, and so this legislation -- the bill that 6 we passed last year, Mr. President, sets up a 7 process, a blue ribbon panel, much in the same 8 way that we select and put into the pipeline 9 candidates, nominees for the Court of Appeals. 10 So what I am saying is that the 11 time that we select Regents is the wrong time. 12 The process that we select Regents is the wrong 13 process. It needs to be fixed. Once we get the 14 Regents on the board, there has been a 15 disorientation as to what is expected of them; 16 what should they be doing, and so our new 17 commissioner, Commissioner Mills had a study 18 done as to what is wrong with the state 19 Education Department and something about the 20 process, and I think in that report that was 21 done by the Rockefeller Institute, it shows 22 that, indeed, there is so much facing the Board 23 of Regents and that in some cases they may be so 1725 1 personally involved in micro-managing the system 2 that they have lost sight as to policy. 3 And so what we attempt to do with 4 this proposal is to try and get the Regents more 5 focused as to what their job is all about, one 6 of policy. Get them focused to -- and the 7 department focused as to defending and get them 8 tied in with us in the Legislature and the 9 Governor's office as to having a debate on the 10 education plan that they must by law submit to 11 this Legislature. But it's like a courier that 12 brings it over here and tosses it on the desk of 13 the Majority Leader and the Speaker and then 14 that's it, and so we need to connect that. We 15 need to connect all of the stakeholders in the 16 judicial district, and we do that by setting up 17 an advisory committee for the members of the 18 Board of Regents. We tell them to have hearings 19 in their districts so all the stakeholders and 20 the public can be involved in a productive way. 21 This bill goes a long way in getting the Regents 22 in terms of meeting their duties and their 23 responsibilities focused. 1726 1 There is another piece here. 2 It's a piece that I think goes right on the mark 3 but it's probably the most controversial piece 4 in the bill, and that deals with how you tie in 5 the executive. Right now, the Governor, whether 6 it's Pataki or Cuomo or Carey or whoever, has 7 always had the frustration that other than the 8 budget, their tie to the education system is 9 really remote and frustrating because governors 10 of this great state understand that education 11 is, indeed, important, and they want to be 12 involved, but they're not because the Board of 13 Regents, by law and our Constitution, are the 14 policymakers for education. 15 The Governor, many times, whoever 16 that person may be, takes a lot of the heat 17 because people say, "Something is broke, you fix 18 it, Governor" but, indeed, they're not tied in 19 in any way, and so this bill says that the 20 chancellor and vice chancellor shall be 21 appointed by the Governor with the advice and 22 consent of the -- of the Senate. We need to 23 bring together and harmonize the three parts of 1727 1 the legislative process, and each part should 2 have a role. Each part wants to play a role in 3 -- in this process. 4 This bill was debated last year. 5 What has changed in one year? Well, I have some 6 good news for you. There are some things that 7 have changed that I can talk about in a positive 8 way. We have a new chancellor, Carl Hayden, and 9 Carl Hayden has listened to the debate and has 10 looked at the various legislative proposals, has 11 listened to many of you personally and has said, 12 "Yes, things are broke; we need to fix it" and 13 has been very proactive in trying to make things 14 better. 15 We have a new commissioner and 16 that new commissioner, Rick Mills, has hit the 17 pavement running, has done to date all the 18 things you should do in having a management 19 study to find out what is wrong out there. Why 20 are all the stakeholders disconnected? Why is 21 this process in the Empire State broken, and so 22 he has done a good job, but it is my contention, 23 despite the efforts of good people, that we 1728 1 handcuff them because the process that they are 2 working in and the structure that they are 3 operating under is broke and it needs to be 4 fixed. If we can have a better process with 5 these better people who are more focused, I 6 think that we can all work together 7 collaboratively and cooperatively to make New 8 York's education system, its professions, its 9 libraries a much, much better place. In one 10 year, the will has certainly changed. The will 11 is there to make it a better place. Let us give 12 these people a better structure to operate in. 13 I chose to -- and I didn't know 14 whether this bill would be laid aside or not, 15 but I chose to speak on this bill because it is, 16 indeed, important. It's important for the other 17 house to really focus on -- on this issue. I 18 have talked to the chairs, and there is 19 interest, but I think there needs to be a 20 resolve on the part of the leader, the Speaker, 21 to deal with this issue, and I know that members 22 of the Board of Regents who I have spoken to 23 would like to see a better structure. 1729 1 In closing, I thank Senator Cook 2 and many of my colleagues who -- Senator Libous 3 and others who have given me input on this bill, 4 who have given me encouragement to stay with the 5 program and try to make changes, try to reform 6 the system, and for that, my colleagues, I am 7 grateful for that encouragement because I think, 8 as you all know, sometimes you are out in the 9 fields laboring and it feels lonely, so that 10 encouragement that you give is, indeed, very, 11 very important. 12 I would hope again that we pass 13 both bills by the same margin that we did last 14 year. We give our colleagues a very strong 15 message that we need to fix this system. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on Calendar 18 Number 19? 19 (There was no response.) 20 Hearing none, the Secretary will 21 read the last section. 22 Senator Leichter. 23 SENATOR LEICHTER: Yeah. Mr. 1730 1 President, I'm glad that Senator -- yes -- spoke 2 on the bill because I think it's -- it's really 3 a very significant bill and it deserves to be 4 aired in this fashion and to have its provisions 5 brought to our attention, but what I really want 6 to do is I want to commend him because I think 7 that he has taken an area where there's an awful 8 lot of discontent where, on both sides of the 9 aisle, people are dissatisfied with the way the 10 Regents functions and particularly with the 11 process by which the Regents are chosen, and 12 he's done this where -- as this is in this house 13 or in this Legislature -- in a manner that's not 14 partisan, it's not political, but that I think 15 really looked at substantive improvements that 16 could be made, and clearly he has labored well. 17 He talks about laboring in the 18 fields. I don't know whether that was the 19 potato fields of Suffolk County, but wherever he 20 was laboring, he obviously received a lot of 21 inspiration and a lot of strength because I 22 think he's come up with a very, very meaningful 23 bill, and I certainly hope that the Assembly 1731 1 will act on it. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 12. 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: Those recorded in 12 the negative on Calendar Number 19 are Senators 13 Connor, Gold, Lachman, Montgomery, Paterson, 14 Seabrook, Stachowski. Ayes 47, nays 7. Also, 15 Senator Smith. Ayes 46, nays 8. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 The Secretary will continue to 19 call the controversial calendar. 20 THE SECRETARY: Calendar Number 21 20, by Senator LaValle, Senate Print 2178-A, an 22 act to amend the Education Law, in relation to 23 the Board of Regents of the University of the 1732 1 state of New York. 2 ACTING PRESIDENT KUHL: The 3 Secretary 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 54. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 261, by Senator Johnson, Senate Print 2355, an 16 act to amend the Education Law, in relation to 17 requiring that the State University graduation 18 ceremonies include the Pledge of Allegiance and 19 the National Anthem. 20 SENATOR GOLD: Explanation. 21 ACTING PRESIDENT KUHL: Senator 22 Johnson, an explanation of Calendar Number 261 23 has been asked for by Senator Gold. 1733 1 SENATOR JOHNSON: Mr. President, 2 this -- this bill has visited us annually for 3 half a dozen years or more. It requires that 4 the State University graduation should provide 5 that the Pledge of Allegiance and National 6 Anthem be performed at all graduation 7 ceremonies. 8 ACTING PRESIDENT KUHL: Senator 9 Gold. 10 SENATOR GOLD: Yeah. Senator 11 Johnson has been very gracious in the past 12 explaining this, and I don't really, from my 13 point of view, have to go through it too much 14 more. 15 Senator Johnson, I would hope 16 that the National Anthem was played at 17 graduations and I would hope the Pledge of 18 Allegiance was done, and I would hope it would 19 be done because the graduating class felt that 20 they wanted it and they did it, but I think in 21 this country, this free, wonderful country that 22 we should not have to, as they do, I'm sure, in 23 some fascist states, order people to love their 1734 1 flag, order people to love their National 2 Anthem. I just don't know why we should have to 3 legislate it. 4 I thank you for your courtesy of 5 explaining it. I know that I speak for probably 6 a very, very small minority. I've put a call in 7 today and Pat Buchanan didn't get back to me as 8 to what God wants me to do on this, but I'm 9 going to continue to vote no. 10 SENATOR JOHNSON: Mr. President, 11 I would like to say - 12 ACTING PRESIDENT KUHL: Senator 13 Johnson. 14 SENATOR JOHNSON: -- that the 15 point has been made before by my colleagues on 16 the other side that people should be able to 17 recite the Pledge of Allegiance or sing the 18 National Anthem spontaneously if they choose to 19 do so, but if there's no structure within which 20 that is possible, it's very unlikely that people 21 of -- at a graduation ceremony would suddenly 22 spontaneously stand up and start the Pledge of 23 Allegiance. That would be kind of aberrant 1735 1 behavior if that ever happened. 2 So, Senator, we just provide the 3 opportunity for people to do it who choose to do 4 so, but if they don't choose to do so, they can 5 sit down, as many people have done. They cannot 6 sing. They cannot recite it, but I think there 7 is a place in this country for tradition and 8 respect for our nation, and certainly somebody 9 who's spent four years in the university and 10 gets an education ought to know enough to have 11 respect for the flag and participate in this 12 ceremony. 13 I know the parents of the 14 students certainly have asked me why we don't 15 have that. We're providing an opportunity, if 16 this bill goes through both houses, gets signed, 17 for this to take place. 18 SENATOR GOLD: Mr. President. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Gold. 21 SENATOR GOLD: Yeah. Senator 22 Johnson, I think it's unfortunate that parents 23 have asked you why it wasn't done. I would have 1736 1 felt better if they asked their child. They 2 ought to be able to talk to their child, and 3 they could have said to the child, "Well, you 4 know, they put together a program for 5 graduation. Don't you think the program - 6 somebody there should have said, 'Let's do the 7 program with the processional and whatever, an 8 opening welcome and the National Anthem and 9 let's salute the flag'" and, Senator, I want to 10 tell you, I graduated college a couple centuries 11 ago, it seems, and loved this country then, love 12 it now. Always been proud. 13 When we stand up here and salute 14 the flag, I try to come in every day to be one 15 of those who's here to do it, and I'm proud of 16 it, and that's the way kids ought to feel when 17 they graduate school, and when they put the 18 programs together -- that's the way the people 19 ought to feel when they put the programs 20 together, but you're not going to force people 21 to be patriotic by passing laws that say you got 22 to do it. What you do is you run a country in a 23 right way and you give them an education and you 1737 1 let them appreciate this is the greatest place 2 on earth to live and hope that they do that 3 because that's the feeling that they have. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Leichter. 6 SENATOR LEICHTER: Yeah. Mr. 7 President, I'm always amused at the 8 inconsistency and the contradictions one sees in 9 this chamber, and here we see egregious 10 contradiction. 11 Later on in this session we're 12 going to see a bill that the Governor has 13 proposed and I'm sure you people are going to 14 bring it on to a vote and you're going to 15 support it which is going to give more autonomy 16 to all of the units of the State University 17 system. They're going to have more control over 18 their budgets. They're going to decide whether 19 to impose tuition or not, and this is all in 20 line with what we are told, the Republican 21 philosophy that government shouldn't interfere 22 -- not only shouldn't you interfere in 23 business, you shouldn't interfere in educational 1738 1 institutions. Let these institutions run 2 themselves, but then you put forth a bill like 3 that which mandates in minute detail an aspect 4 of a graduation ceremony. 5 Senator Johnson, are you going to 6 put in a bill saying the students ought to march 7 in from the left -- I'm sorry. I'm sure yours 8 will be that they'll march in from the right - 9 what they have to wear, their shoes need to be 10 shined? I mean, this is such petty detail. 11 Now, Senator Johnson, I think 12 everyone here would like to see that they have 13 the Pledge of Allegiance, that the flag is 14 prominently displayed, that it's honored, and so 15 on. I think Senator Gold is right that you 16 can't force patriotic feelings. I believe, and 17 I'm sure you share this view, that 95 or 98 18 percent of all Americans have that feeling and 19 that belief, but for this Legislature to sort of 20 micro-manage and to tell the State University 21 how it has to conduct in this respect its 22 graduation, after you're going to give them all 23 this autonomy on things that really are very 1739 1 important, standards, tuitions, salaries, 2 manners of -- in which students will be admitted 3 or not, but when it comes to graduation, we'll 4 tell them about the Pledge of Allegiance. 5 I think, Senator, this is 6 egregiously contradictory of what I thought was 7 your principles and a vote that I expect you'll 8 be casting later on this session. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT KUHL: Announce 17 the results when tabulated. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 261, Senators 20 Babbush, Gold, Lachman, Leichter, Markowitz, 21 Montgomery, Paterson, Seabrook. Ayes 49, nays 22 8. 23 ACTING PRESIDENT KUHL: The bill 1740 1 is passed. 2 The Secretary will continue to 3 call the controversial calendar. 4 THE SECRETARY: Calendar Number 5 279, by Senator Lack, Senate Print 1298, an act 6 to amend the Real Property Law, in relation to 7 allowing an assignment of mortgage in lieu of 8 certificate of discharge. 9 SENATOR PATERSON: Explanation. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Abate. 12 SENATOR ABATE: Yes. On Calendar 13 Number 19, I would like unanimous consent - 14 ACTING PRESIDENT KUHL: Senator 15 Abate, let us take care of this bill first and 16 then we'll move to that. 17 SENATOR ABATE: Okay. Thanks. 18 ACTING PRESIDENT KUHL: Is there 19 any Senator wishing to speak on this bill, 20 Calendar Number 279? 21 (There was no response.) 22 Hearing none, the Secretary will 23 read the last section. 1741 1 THE SECRETARY: Section 2. This 2 act shall take effect - 3 ACTING PRESIDENT KUHL: Excuse 4 me. Senator Paterson, why do you rise? 5 SENATOR PATERSON: Mr. President, 6 I wanted to ask if Senator Lack would yield for 7 a question. 8 ACTING PRESIDENT KUHL: Senator 9 Lack, do you yield to a question from Senator 10 Paterson? 11 SENATOR LACK: By all means, 12 Senator. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR PATERSON: Senator, for 16 the benefit of those who aren't looking at the 17 bill, this bill amends Section 275.2 (c), and I 18 guess it's to allow for the refinance of 19 mortgages through the mortgage assignment. 20 SENATOR LACK: I'm sorry. I 21 can't hear Senator Paterson. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson, if you'll wait just a minute, we'll 1742 1 get a little order in the house, a little 2 quiet. 3 Thank you. I think we can 4 proceed now. 5 SENATOR PATERSON: Mr. President, 6 if I'm correct, this bill amends Section 275.2 7 (c) of the Real Property Law to allow for the 8 reassignment of mortgages rather than to 9 discharge when the purpose of the mortgage is to 10 refinance, and so if Senator Lack would yield 11 for a question - 12 SENATOR LACK: Surely. 13 ACTING PRESIDENT KUHL: The 14 Senator yields, Senator Paterson. 15 SENATOR PATERSON: Senator, my 16 question is why have you only amended Section 17 275.2 (c) almost in a way that implies that the 18 other sections would deny the assignment of a 19 mortgage and would force there to be a discharge 20 even in those refinance cases as well? 21 SENATOR LACK: Mr. President, 22 Senator, as you know, this bill has been vetoed 23 in the past by Governor Cuomo. The answer is 1743 1 that we're just trying to make a start. We 2 realize, as you debated last year and, of 3 course, I have a copy of the debate, there is an 4 impact -- beginning of an impact upon local 5 government. As you know, the difference between 6 two years ago and last year and then last year 7 and this year is where mortgage rates are, and 8 last year mortgage rates were up. There would 9 have been less of an impact than there is now. 10 Mortgage rates -- mortgage rates are down. That 11 means there's more refinancing. 12 So we're, quite frankly, making a 13 beginning. I would like to see all of this 14 wiped out, and as we discussed in the committee 15 meeting, I would like to see those who have 16 residential mortgages who take advantage of this 17 section be in the same situation as those who 18 are in businesses that routinely take advantage 19 of reassignments and -- as opposed to discharges 20 and, therefore, save a mortgage tax. 21 It is completely unfair, to my 22 way of thinking, that those who refinance 23 mortgages on a residential basis in this state 1744 1 have to pay a mortgage tax a second time on 2 money for which tax has already been paid. 3 You and I last year in our 4 discussion both recognized the impact upon 5 localities. You said I did less than you. So 6 be it. This year, Senator, I would totally 7 agree with you. There is a greater impact on 8 localities that does not remove, quite frankly, 9 my desire to see this particular section off the 10 books as it pertains to residential property 11 owners because, as I also said last year, this 12 is quicksand financing for localities. It 13 depends on the vagaries of the mortgage market 14 and what's up and down and how many refinancings 15 are taking place. In any event, it's not money 16 that localities can count on on a stabilized 17 basis from year to year. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson. 20 SENATOR PATERSON: Thank you. 21 For purposes of clarification, 22 Senator, first of all, how did I vote last 23 year? 1745 1 SENATOR LACK: You voted in 2 favor, Senator. 3 SENATOR PATERSON: Oh, good. If 4 you want to think about it, Senator, I think 5 it's a great bill. The question that I just 6 have now is then, to verify the clarification, 7 if this bill is to pass, you would like to use 8 this as the catalyst to amending all of the 9 sections because, as you stated, what you're 10 really trying to do is to avoid the payment of 11 the mortgage tax for those who are in the 12 position that are refinancing as opposed to a 13 new owner, a first time owner. So if that's 14 what you're actually trying to do -- we were 15 just slightly afraid that by only amending one 16 section, it would have actually been more 17 restrictive. If we understand this is a 18 catalyst for further legislation, then actually 19 we think it's a good law. 20 SENATOR LACK: Thank you, 21 Senator. 22 I would just like to get this 23 passed by one Governor, one signed into law and 1746 1 then we can proceed from there. 2 ACTING PRESIDENT KUHL: Senator 3 Gold, why do you rise? 4 SENATOR GOLD: Would Senator Lack 5 yield to a - 6 ACTING PRESIDENT KUHL: Senator 7 Lack, do you yield to Senator Gold? 8 SENATOR LACK: Of course. 9 ACTING PRESIDENT KUHL: The 10 Senator yields. 11 SENATOR GOLD: Senator Lack, as 12 Senator Paterson said, I think it's a terrific 13 idea and you're right on target, but I don't 14 understand one thing and let me just ask it. In 15 other words, is this one bill a negotiated 16 position, or do you feel that if you did cover 17 all the sections that have been suggested, you 18 can't move the bill; is that what you're - 19 SENATOR LACK: This is the 20 negotiation we've had in the past with the 21 Assembly, Senator. Assemblyman Feldman who is 22 sponsoring this bill in the Assembly had passed 23 it in 1994. This last year in 1995, it died in 1747 1 the Assembly Ways and Means. Assemblyman 2 Feldman and I are both hopeful that the bill 3 that is before the floor in the Senate now will 4 be able to pass the Assembly and go on to the 5 Governor. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 30th day. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 293, by Senator Lack, Senate Print 5991, an act 18 to amend the County Law, in relation to 19 permitting district attorneys and their 20 assistants to administer oaths. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Lack, an explanation of Calendar Number 293 has 1748 1 been asked for by Senator Paterson. 2 SENATOR LACK: Thank you. 3 Senator Paterson, I hope it's 4 Assemblyman Feldman you're at and not me. This 5 is the second bill of the day I'm sponsoring 6 with Mr. Feldman of the Assembly. This is what 7 I would describe - 8 SENATOR GOLD: Explanation 9 satisfactory, Senator. 10 SENATOR LACK: I have nothing 11 further to say. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Skelos, that completes 23 the controversial calendar. 1749 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees, I believe there are three reports 4 which we could have read at this time. 5 ACTING PRESIDENT KUHL: I'm 6 informed by the Secretary that you're correct, 7 Senator Skelos. We'll return to the reports of 8 standing committees. I'll ask the Secretary to 9 read. 10 THE SECRETARY: Senator Saland, 11 from the Committee on Children and Families, 12 offers up the following bills: Senate Print 13 466-A, by Senator Holland, an act to amend the 14 Social Services Law, in relation to access for 15 the Statewide Register; 16 2115, by Senator Saland, an act 17 to amend the Family Court Act, in relation to 18 the placement of children; 19 2138, by Senator Nozzolio, an act 20 to amend the Social Service Law and the 21 Education Law, in relation to authorizing the 22 fingerprinting of prospective employees; 23 2595, by Senator Saland, an act 1750 1 to amend the Social Services Law, in relation to 2 criminal screening; 3 3596, by Senator Saland, an act 4 to amend the Family Court Act and the Social 5 Services Law, in relation to severe and repeated 6 child abuse; 7 3612, by Senator Skelos, an act 8 to amend the Domestic Relations Law, the 9 Criminal Procedure Law and the Family Court Act, 10 in relation to imposing a mandatory surcharge; 11 4840, by Senator Skelos, an act 12 to amend the Criminal Procedure Law, in relation 13 to expanding the circumstances under which 14 orders of protections may be continued; 15 5106-A, by Senator Saland, an act 16 to amend the Social Service Law and the 17 Education Law, in relation to the protection of 18 pupils in public school settings. 19 Senator Goodman, from the 20 Committee on Investigations, Taxation and 21 Government Operations, offers up the following 22 bills: Senate Print 498, by Senator Velella, an 23 act to amend the Alcoholic Beverage Control Law, 1751 1 in relation to credit card sales; 2 2407, by Senator Velella, an act 3 to amend the Arts and Cultural Affairs Law, in 4 relation to actions against persons; 5 4507, by Senator Padavan, an act 6 to amend the Alcoholic Beverage Control Law, in 7 relation to revocation of a license; 8 5954, by Senator Lack, an act to 9 amend the Tax Law, in relation to extending the 10 authorization for imposition of a hotel and 11 motel tax; 12 5997, by Senator Seward, an act 13 to amend the Tax Law, in relation to extending 14 the hotel and motel tax in Otsego County. 15 Senator Nozzolio, from the 16 Committee on Crime Victims, Crime and 17 Correction, offers up the following bills: 18 3814, by Senator Volker, an act to amend the 19 Executive Law, in relation to written statements 20 of the crime victim in making the parole release 21 decision; 22 4003, by Senator Libous, an act 23 to amend the Corrections Law, in relation to 1752 1 extending civil immunity to officers or 2 employees; 3 4500, by Senator Nozzolio, an act 4 to amend the Executive Law, in relation to 5 qualification for employment as a parole 6 officer; 7 4923, by Senator Nozzolio, an act 8 to amend the Executive Law, in relation to 9 appeals to the state Board of Parole; 10 5017-A, by Senator Nozzolio, an 11 act to amend the Correction Law, in relation to 12 providing notification to law enforcement 13 officials; 14 6175, by Senator Nozzolio, an act 15 to amend the Executive Law and the Penal Law, in 16 relation to sex offenders. 17 All bills directly for third 18 reading. 19 ACTING PRESIDENT KUHL: Without 20 objection, all bills are reported directly to 21 third reading. 22 The Chair recognizes Senator 23 Abate. 1753 1 SENATOR ABATE: Yes, Mr. 2 President. I'd ask for unanimous consent to be 3 recorded in the negative on Calendar Number 19. 4 ACTING PRESIDENT KUHL: Without 5 objection. 6 (There was no response.) 7 Hearing no objection, Senator 8 Abate will be recorded in the negative on 9 Calendar Number 19. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 on behalf of Senator Bruno and after his 13 consultation with the Minority Leader, I'd hand 14 up the following committee assignments for 15 filing at the desk. 16 ACTING PRESIDENT KUHL: The 17 committee assignments are received and filed. 18 Senator Skelos. 19 SENATOR SKELOS: Is there any 20 other housekeeping at the desk? 21 ACTING PRESIDENT KUHL: Nothing 22 else at the desk, Senator Skelos. 23 SENATOR SKELOS: There being no 1754 1 further business, I move we adjourn until 2 Wednesday, March 6th, at 11:00 a.m. sharp. 3 ACTING PRESIDENT KUHL: Without 4 objection, the Senate stands adjourned until 5 tomorrow, Wednesday, at 11:00 a.m. 6 (Whereupon, at 3:52 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23