Monday, May 19, 1997

3504 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 19, 1997 10 3:05 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 3505 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 with me in 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 Peter Young from the Blessed 9 Sacrament Church in Bolton Landing. 10 Reverend Young. 11 REVEREND PETER G. YOUNG: Today, 12 dear God, may we pray for the winners, for those 13 that are in pinstripes and for those that are in 14 this chamber as elected representatives, that 15 they might be delivered from all illusion of 16 superiority, from all pretense of righteousness, 17 from all arrogance and hardness of heart, that 18 they might know the meaning of compassion in all 19 of their duties and responsibilities. 20 We ask You this now and forever. 21 Amen. 22 THE PRESIDENT: We're proud to 23 welcome today the World Champion New York 24 Yankees. Would you care to stand and we will 25 welcome you. (Applause) 3506 1 And now the reading of the 2 Journal. 3 THE SECRETARY: In Senate, 4 Friday, May 16th. The Senate met pursuant to 5 adjournment. The Journal of Thursday, May 13th, 6 was read and approved. On motion, the Senate 7 adjourned. 8 THE PRESIDENT: Without 9 objection, the Journal stands approved as read. 10 Presentation of petitions. 11 Messages from the Assembly. 12 Messages from the Governor. 13 Reports of standing committees. 14 Reports of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. 18 Senator Farley. 19 SENATOR BRUNO: Madam President. 20 THE PRESIDENT: Senator Bruno. 21 SENATOR FARLEY: The amendments 22 are offered to the following bills, Madam 23 President: Senator Johnson, page 5, Calendar 24 124, Senate Print 738; Senator Meier, page 10, 25 294, Senate Print 2149; Senator Goodman, page 3507 1 13, Calendar 371, Senate Print 416; Senator 2 Marcellino, page 16, Calendar 456, Senate Print 3 3679; Senator Velella, page 31, 714, 4446; on 4 behalf of myself, page 36, Calendar Number 768, 5 3852; Senator Lack, page 45, 867, 4788; Senator 6 Goodman, page 45, 898, 4259; Senator Marcellino, 7 on page 51, Calendar 931, Senate Print 5079 and 8 three Levy bills, page 57, 995, 4399; also for 9 Senator Levy, page 58, Calendar 10002, Senate 10 Print 4628-A; on behalf of Senator Levy again, 11 59, page, Calendar 1014, Senate Print 4864 and 12 last, on behalf of Senator Maltese, on page 60, 13 Calendar 1027, Senate Print 159-A, and I move 14 that these bills retain their place on the Third 15 Reading Calendar. 16 ACTING PRESIDENT KUHL: Thank 17 you, Senator Farley. 18 The amendments are received and 19 adopted and the bills will retain their place on 20 the Third Reading Calendar. 21 The Chair recognizes Senator 22 Bruno. 23 SENATOR BRUNO: Mr. President, I 24 believe that we have a privileged resolution at 25 the desk that had been already passed. I would 3508 1 ask that it now be read in its entirety and this 2 resolution was introduced by Senator Guy Velella 3 of the Bronx. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the privileged resolution by 6 Senator Velella, previously adopted by this 7 chamber, in its entirety. 8 THE SECRETARY: By Senator 9 Velella and all members of the Senate, 10 Legislative Resolution commending the New York 11 Yankees on their 1996 World Champion season. 12 WHEREAS, it is the duty of this 13 legislative body to recognize and pay tribute to 14 those individuals and organizations whose 15 actions and accomplishments have served to honor 16 and benefit the people of the state of New 17 York. 18 As reported in the December 30th, 19 1907 Mills Commission, "The first scheme of 20 playing baseball, according to the best evidence 21 obtainable to date, was devised by Abner 22 Doubleday at Cooperstown, New York in 1839" and 23 has always been held by New Yorkers as one of 24 the state's most notable innovations. 25 The New York Yankees and Yankee 3509 1 Stadium have together stood as icons of the 2 support of baseball, rich in history and 3 prestige, winning 23 World Championship titles 4 and 34 American League Pennants. 5 In 1996, the New York Yankees 6 have renewed the true spirit of the game of 7 baseball, not only for New Yorkers but for all 8 Americans. 9 The members of the 1996 New York 10 Yankees team embodied the true meaning of 11 sportsmanship, dedication and cooperation from 12 the start of spring training to the final game 13 of the post-season with many members of the team 14 achieving personal and professional triumphs. 15 All of New York watched, waited 16 and wept with Yankees manager Joseph Torre as he 17 skillfully utilized his years of experience to 18 carry his family and his team through a season 19 that ended with great personal joy, team victory 20 and the overwhelming support of his extended 21 family of Yankees fans. 22 The entire 1996 New York Yankees 23 organization, from George Steinbrenner to the 24 Dancing Ground Crew, brought victory and pride 25 back to the "House that Ruth Built" after 18 3510 1 years. 2 New York Yankees fans have 3 loyally supported their Bronx Bombers through 4 trial, tragedy and defeat, always knowing that 5 the World Series trophy would once again be home 6 in New York. 7 New York Yankees fans faithfully 8 cheered their team to victory by the tens of 9 thousands in the stadium, individually in their 10 own living rooms and finally by coming together 11 in a crowd of more than three million in the 12 greatest victory parade the city of New York has 13 ever seen in its "Canyon of Heroes." 14 The Yankees organization shared 15 their victory and their trophy with all of New 16 York by placing it in City Hall for all our 17 citizens to view. 18 The New York Yankees celebrated 19 the 75th anniversary of the first American 20 League Pennant by winning every post-season away 21 game and further amazed the sport of baseball by 22 overcoming a 0-2 game deficit to win the World 23 Series in four straight games. 24 The date of October 26th, 1996, 25 when the New York Yankees clinched the World 3511 1 Series title, will forever be enshrined in the 2 hearts and minds of Yankees' fans worldwide. 3 The New York Yankees personal and 4 professional honor and enthusiasm distinguished 5 them as champions, affording them high praise 6 and hope for continued successes; 7 WHEREAS, all of New York prepares 8 for another exciting season of baseball with the 9 great borough of the Bronx once again the home 10 of the reigning champions; now, therefore, be it 11 RESOLVED, that this legislative 12 body pause in its deliberations to honor and 13 congratulate the New York Yankees on the oc 14 casion of their 1996 World Series Championship; 15 and be it further 16 RESOLVED, that a copy of this 17 resolution, suitably engrossed, be transmitted 18 to the New York Yankees. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno. 21 SENATOR BRUNO: Mr. President, my 22 colleagues, we are honored here in this chamber 23 as we welcome the representatives, players from 24 the New York Yankees. They have brought great 25 recognition and fame to all of us here in New 3512 1 York State, but they're great people, and I 2 would like to ask them to stand up individually 3 and be recognized, and I have just a few 4 comments and I know Senator Velella has some 5 things that he would like to say. 6 Chris Chambliss is the - 7 (Applause). 8 The outstanding pitcher, "Doc" 9 Gooden. "Doc"? 10 And the other outstanding 11 pitcher, David Cone. 12 (Applause) 13 Also visiting with them is their 14 executive vice-president, David Sussman. 15 (Applause) 16 Gentlemen, we welcome you here 17 and, again, we just want to say from all of us 18 here in the chamber, very officially, thank 19 you. Thank you for the good things that you do 20 for all people interested in sports, for all the 21 excitement that you bring to people's lives, the 22 economic impact that you have in the City and in 23 this state. You are truly one of a kind known 24 throughout the world and whenever anyone thinks 25 of New York, they have to think of the Yankees. 3513 1 You are champions. You are 2 winners. You have been great and we thank you 3 for all the good things that you do on behalf of 4 all people throughout the world that are 5 interested in good sportsmanship and a special 6 word of thanks for what you do for we here in 7 New York State. Welcome. 8 Senator Guy Velella, I think, has 9 some words and then we're going to ask your 10 general manager, Bob Watson, who is here with 11 us, if he will say a few words. 12 Senator Velella. 13 SENATOR VELELLA: Thank you, 14 Senator Bruno. 15 For a few brief moments today, 16 the correct pronunciation will be the Bronx, 17 with a "B", but let me say that certainly all of 18 us from the Bronx and the state of New York are 19 indeed proud of the accomplishment of the 20 Yankees. Their contribution to our community in 21 Bronx County and to the city of New York are not 22 only financial in the sense of revenues raised 23 but also in the spirit that they show to our 24 young people, many of which are in the galleries 25 today throughout this state. 3514 1 I would like to, as I did on the 2 original resolution, point out that there are 3 only three places in the world that are preceded 4 by the definite article "the", and that is the 5 Hague, the cradle of justice, the Vatican, the 6 cradle of religion and the Bronx, the cradle of 7 great state Senators and the World Champion 8 Yankees who we all know as the Bronx Bombers. 9 Thank you. 10 (Applause) 11 SENATOR BRUNO: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno. 14 SENATOR BRUNO: Senator Velella, 15 it is my honor to hand over a copy of the 16 resolution that was read and passed in this 17 chamber, suitably framed and this resolution, 18 for those that don't know, is passed just as any 19 other piece of legislation is passed in this 20 chamber. It becomes part of the record of New 21 York State. 22 So as we go forward in future 23 generations, anyone that wanted to, by number 24 and by title, could review this resolution. So 25 you become part of the history of this chamber 3515 1 and, again, it is my honor and my pleasure to 2 hand this over to your general manager, the man 3 who keeps it all together, keeps it going, keeps 4 it moving, keeps you winning, Bob Watson. 5 (Applause) 6 ACTING PRESIDENT KUHL: At this 7 time the Chair would do an extraordinary unusual 8 thing that's done on occasion in this chamber 9 and that is to recognize a non-member for the 10 purpose of addressing this body. 11 The Chair recognizes Bob Watson, 12 general manager of the Yankees. 13 MR. BOB WATSON: Mr. Chair, 14 chambers, citizens of New York, on behalf of the 15 New York Yankees, the Steinbrenner family and 16 the players, I am indeed honored and privileged 17 to stand before you and say thank you for your 18 kindness and your loyalty and support. 19 I would like to say this: 1996 20 was a miracle year. We believe in miracles and 21 '97 might be in the offing. We have the 22 nucleus to do it again and with Godspeed, we 23 will definitely do our part. 24 Again, thank you for the 25 opportunity to address you. (Applause) 3516 1 ACTING PRESIDENT KUHL: I'll ask 2 the members to take their places so we may 3 continue the order of business. We're on 4 motions and resolutions. 5 The Chair recognizes Senator 6 Wright. 7 SENATOR WRIGHT: Mr. President, 8 on page 67, I offer the following amendments to 9 Calendar Number 1065, Senate Print Number 10 4322-A, and ask that said bill retain its place 11 on the third reading Calendar. 12 ACTING PRESIDENT KUHL: The 13 amendments to Calendar Number 1065 are received 14 and adopted. The bill will retain its place on 15 the Third Reading Calendar. 16 Senator Wright. 17 SENATOR WRIGHT: Mr. President, 18 on behalf of Senator LaValle, I request that on 19 page 66, I offer the following amendments to 20 Calendar Number 1056, Senate Print Number 4484, 21 and ask that said bill retain its place on the 22 Third Reading Calendar. 23 ACTING PRESIDENT KUHL: The 24 amendments to Calendar Number 1066 are received 25 and adopted. The bill will retain its place on 3517 1 the Third Reading Calendar -- excuse me, 1056 - 2 that's what I thought it was -- are received and 3 adopted. The bill will retain its place on the 4 Third Reading Calendar. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Mr. 7 President, on behalf of Senator Saland, please 8 place a sponsor's star on Calendar Number 760. 9 ACTING PRESIDENT KUHL: Calendar 10 Number 760 is starred at the request of the 11 sponsor. 12 Senator Marcellino. 13 SENATOR MARCELLINO: On behalf of 14 Senator Rath, Mr. President, please place a 15 sponsor's star on Calendar Number 823. 16 ACTING PRESIDENT KUHL: Calendar 17 Number 823 is starred at the request of the 18 sponsor. 19 Senator Onorato. 20 SENATOR ONORATO: Mr. President, 21 on behalf of Senator Santiago, I move the 22 following bills be discharged from their 23 respective committee and be recommitted with 24 instructions to strike the enacting clause: 25 Senate 5279. 3518 1 ACTING PRESIDENT KUHL: The said 2 bill will be recommitted. The enacting clause 3 will be stricken. 4 The Chair recognizes Senator 5 Bruno. 6 SENATOR BRUNO: Mr. President, I 7 believe that there is a resolution at the desk 8 by Senator DeFrancisco. I would ask that the 9 title be read and move for its immediate 10 adoption. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the title to the privileged 13 resolution by Senator DeFrancisco which is at 14 the desk. 15 THE SECRETARY: By Senator 16 DeFrancisco, Legislative Resolution honoring the 17 students of Grade 6 at Holy Family School, 18 Syracuse, for their participation in the 49th 19 Senate District "Good News! Good Kids!" Youth 20 Responsibility Program. 21 ACTING PRESIDENT KUHL: Senator 22 DeFrancisco. 23 SENATOR DeFRANCISCO: Yes, Mr. 24 President. I rise to indicate that, in addition 25 to the World Champion New York Yankees that we 3519 1 had in chambers today, we also have the district 2 champion elementary school winners of the "Good 3 News! Good Kids!" Program that we sponsor in 4 the district. 5 The purpose of the program is to 6 recognize young people that are doing the right 7 things that aren't always recognized in the 8 media nowadays. We tend to dwell on negative 9 things in our lives but there are very positive 10 things happening. 11 This elementary school group has 12 won the elementary division and let me just 13 explain some of the things that they've done in 14 the community, these young people. 15 Francis House is a place in our 16 community for individuals who are terminally ill 17 residing there in a family setting for the last 18 days of their lives, and these young children 19 actually went to that facility and helped the 20 administrators do things like stocking shelves 21 with food and assisting in the activities of 22 that home. 23 They've also gone to our 24 Samaritan Center where homeless people receive 25 meals and they have served just among this small 3520 1 group 1409 meals in the Samaritan Center. 2 They've also gone to the Oxford 3 Street Inn, another homeless shelter, where they 4 made sandwiches and cookies for these people. 5 When they heard that the 6 Samaritan Center was short of funds, they 7 shoveled sidewalks, raided their piggy banks, 8 recycled cans and bottles, donated some of their 9 own allowances and provided a donation to that 10 center to help defray some of the debt that the 11 center was in providing these very important 12 services for people. 13 I guess it's obvious that they 14 are champions. They are wonderful young people, 15 and I'm very pleased to stand in support of them 16 and recognize them for the fine work that 17 they're doing in this district. 18 Thank you, Mr. President. 19 ACTING PRESIDENT KUHL: Is there 20 any other Senator wishing to speak on the 21 resolution? 22 (There was no response.) 23 Hearing none, the question is on 24 the resolution. All those in favor signify by 25 saying aye. 3521 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The resolution is adopted. 5 On behalf of Senator Bruno and 6 Senator DeFrancisco, we're very pleased to 7 welcome these "Good News! Good Kids!" to the 8 chamber. If you all stand, I know my colleagues 9 would like to recognize you. Enjoy your stay in 10 Albany. (Applause) 11 Senator Bruno, that brings us to 12 the calendar. 13 SENATOR BRUNO: Mr. President, 14 can we at this time take up the non 15 controversial calendar. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the non-controversial 18 calendar. 19 THE SECRETARY: Calendar Number 20 338, by Senator Trunzo, Senate Print 3109-A, an 21 act to amend the Civil Service Law, in relation 22 to designation as detective in certain 23 instances. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 3522 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 SENATOR DOLLINGER: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 546, by Senator Present, Senate Print 1891, an 11 act to amend the Highway Law, in relation to the 12 distribution and payment of consolidated local 13 highway assistance. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first day of April. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 53. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 564, by Senator Stafford, Senate Print 3164, an 3523 1 act to amend the Education Law and Chapter 698 2 of the Laws of 1996. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 4. 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 53. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 577, by Senator Skelos, Senate Print 2515-A, an 15 act to amend the Education Law, in relation to 16 massage therapy. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 9. This 20 act shall take effect on the 60th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 53. 25 ACTING PRESIDENT KUHL: The bill 3524 1 is passed. 2 THE SECRETARY: Calendar Number 3 582, by Senator Larkin, Senate Print 3441, an 4 act to allow Triborough Bridge and Tunnel mem 5 bers of the New York City Employees Retirement 6 System to elect the benefits provided by Chapter 7 472 of the Laws of 1995. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 584, by Senator Trunzo, Senate Print 4277, an 20 act to amend the Civil Service Law, in relation 21 to the rules by the state Civil Service 22 Commission. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. This 3525 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 53. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 590, by Senator Saland, Senate Print 4055, an 10 act to repeal Section 334 of the Insurance Law, 11 relating to a requirement for an annual 12 commercial property casualty report. 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 53. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 622, by Senator Stafford, Senate Print 3995, an 25 act to amend Chapter 83 of the Laws of 1995, 3526 1 amending the State Finance Law. 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 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 656, by Senator Volker, Senate Print 36... 14 SENATOR VOLKER: Mr. President, 15 would you lay that bill aside for the day, 16 please. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside for the day at the request of the 19 sponsor. 20 SENATOR VOLKER: Thank you. 21 THE SECRETARY: Calendar Number 22 674, by Senator Levy, Senate Print 4256, an act 23 to amend the Transportation Law, in relation to 24 projects funded under the Airport Preservation 25 Program. 3527 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 698, by Senator Libous, Senate Print 3886, an 13 act to amend the Mental Hygiene Law, in relation 14 to approved mobile crisis outreach teams. 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 53. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 3528 1 722, by Senator Tully, Senate Print 4358-A, an 2 act to amend the Environmental Conservation Law 3 and the Public Health Law, in relation to the 4 general powers of the New York State 5 Environmental Facilities Corporation. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 53. 14 SENATOR DOLLINGER: Mr. 15 President, is that 714? 16 ACTING PRESIDENT KUHL: No. 17 That's Calendar Number 722. 18 Senator Dollinger, Calendar 19 Number 714 was skipped over because it was 20 amended earlier today. 21 SENATOR DOLLINGER: Thank you, 22 Mr. President. 23 ACTING PRESIDENT KUHL: The 24 Secretary will continue to call the non 25 controversial calendar. 3529 1 THE SECRETARY: Calendar Number 2 725, by Senator Levy, Senate Print 49, an act to 3 amend the Vehicle and Traffic Law, in relation 4 to sentences for alcohol or drug-related 5 offenses. 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 first day of 10 September. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 53. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 738, by Senator Lack, Senate Print 580, 19 concurrent resolution of the Senate and 20 Assembly, proposing amendments to Article VI of 21 the Constitution. 22 ACTING PRESIDENT KUHL: Call the 23 roll on the resolution. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 53. 3530 1 ACTING PRESIDENT KUHL: The 2 resolution is adopted. 3 THE SECRETARY: Calendar Number 4 744, by Senator LaValle, Senate Print 2464-A, an 5 act to amend the Domestic Relations Law, in 6 relation to the authority of care givers. 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 53. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 751, by Senator Lack, Senate Print 3757, an act 19 to amend the Domestic Relations Law, in relation 20 to confidential records. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect in 90 days. 25 ACTING PRESIDENT KUHL: Call the 3531 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 761, by Senator Spano, Senate Print 5133, an act 8 to amend the Judiciary Law and Chapter 397 of 9 the Laws of 1988. 10 SENATOR LEICHTER: Lay it aside, 11 please. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 810, by Senator Alesi, Senate Print 4432, an act 16 to amend the General Business Law, in relation 17 to the revocation or suspension of the 18 registration card. 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 24 roll. 25 (The Secretary called the roll.) 3532 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 824, by Senator Wright, Senate Print 3890, an 6 act to amend the County Law, in relation to 7 merger of departments. 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 53. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 825, by Senator Spano, Senate Print 4076, an act 20 to amend the Local Finance Law, in relation to 21 bonds issued by act of the Westchester County 22 Board of Legislators. 23 ACTING PRESIDENT KUHL: There is 24 a home rule message at the desk. The Secretary 25 will read the last section. 3533 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 53. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 826, by Senator LaValle, Senate Print 4233, an 11 act to amend the General Municipal Law, in 12 relation to granting additional points in a 13 service award program. 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 ACTING PRESIDENT KUHL: Senator 22 Montgomery, why do you rise? 23 SENATOR MONTGOMERY: Yes. Mr. 24 President, before the bill leaves the house, I 25 would like a reconsideration of bill 810. 3534 1 ACTING PRESIDENT KUHL: We're on 2 a roll call right now, Senator Montgomery, on 3 Calendar Number 826. If we could complete that 4 first. 5 SENATOR MONTGOMERY: All right. 6 That's fine. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 53. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Now the Chair recognizes Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Yes, Mr. 16 President. I would like the vote by which 810 17 passed to be reconsidered. 18 ACTING PRESIDENT KUHL: The 19 motion is to reconsider the vote by which 20 Calendar Number 810 passed the house. 21 SENATOR MONTGOMERY: I would like 22 an explanation of that bill, please. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll on 3535 1 reconsideration.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT KUHL: Calendar 4 Number 810 is laid aside. 5 The Secretary will continue to 6 call the non-controversial calendar. 7 THE SECRETARY: Calendar Number 8 828, by Senator Saland, Senate Print 4341, an 9 act to authorize the town of Poughkeepsie, 10 County of Dutchess, to convey certain parklands. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 834, by Senator Cook, Senate Print 4647, an act 16 to amend the Town Law, in relation to 17 establishing the office of chief constable. 18 ACTING PRESIDENT KUHL: The 19 Secretary 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. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 53. 3536 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 838, by Senator Seward, Senate Print 5197, an 5 act to amend the General Municipal Law, in 6 relation to extending insurance coverage. 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 53. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 844, by Senator LaValle, Senate Print 3684, an 19 act to amend the Public Authorities Law, in 20 relation to the membership of the New York State 21 Science and Technology Foundation. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 3537 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 871, by Senator Volker, Senate Print 5189, an 9 act to amend the Penal Law, in relation to 10 computer tampering in the third degree. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first day of 15 November. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 53. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 873, by Senator Skelos, Senate Print 335, an act 24 to amend the Executive Law, in relation to 25 permitting parents of minors to be present 3538 1 during any proceeding. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect in 30 days. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 875, by Senator Saland, Senate Print 682, an act 14 to amend the Tax Law, in relation to the filing 15 of certificates. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 3539 1 THE SECRETARY: Calendar Number 2 880, by Senator Rath, Senate Print 3058, an act 3 to amend the Tax Law, in relation to extending 4 the effectiveness of one percent increase in 5 sales and compensating use taxes in Genesee 6 County. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 892, by Senator Goodman, Senate Print 4056, an 11 act to amend the Tax Law, in relation to 12 utilizing machine sensible technologies. 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 53. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 893, by Senator Goodman, Senate Print 4081, an 25 act to amend the Tax Law, in relation to 3540 1 authorizing the filing of state tax warrants. 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 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 905, by Senator Goodman, Senate Print 5204, an 14 act to amend the Executive Law, in relation to 15 providing a fraud tipster incentive. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 3541 1 THE SECRETARY: Calendar Number 2 909, by member of the Assembly Tokasz, Assembly 3 Print 5452-A, an act to amend the Economic 4 Development Law, in relation to meetings of the 5 New York State Tourism Advisory Council. 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 54. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 916, by member of the Assembly Feldman, Assembly 18 Print 5793, an act to amend the Correction Law, 19 in relation to the definition of a county for 20 purposes of local conditional release 21 commissions. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 3542 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 54. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 926, by member of the Assembly Harenberg, 9 Assembly Print 6667, an act to amend Chapter 901 10 of the Laws of 1990, amending the Environmental 11 Conservation Law. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 54. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 965, by Senator Cook, Senate Print 782, an act 24 to amend the Highway Law, in relation to 25 creating a farm and business transportation 3543 1 program. 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 54. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Bruno, that completes the 13 reading of the non-controversial calendar. 14 SENATOR BRUNO: Mr. President, 15 can we at this time take up the controversial 16 calendar. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the controversial calendar, 19 beginning with Calendar Number 338 on page 11. 20 THE SECRETARY: Calendar Number 21 338, by Senator Trunzo, Senate Print 3109-A, an 22 act to amend the Civil Service Law, in relation 23 to designation as detective in certain 24 instances. 25 ACTING PRESIDENT KUHL: Senator 3544 1 Trunzo, an explanation. 2 SENATOR TRUNZO: I believe the 3 objection has been withdrawn. 4 ACTING PRESIDENT KUHL: Senator 5 Trunzo, an explanation of - 6 SENATOR LEICHTER: Explanation 7 satisfactory. 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 54. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 761, by Senator Spano, Senate Print 5133, an act 20 to amend the Judiciary Law and Chapter 397 of 21 the Laws of 1988. 22 ACTING PRESIDENT KUHL: Senator 23 Spano, an explanation of Calendar Number 761 has 24 been requested. 25 SENATOR SPANO: Mr. President, 3545 1 this bill brings the New Rochelle Court into 2 conformity with the other City Courts in large 3 cities around the state, such as Buffalo, 4 Syracuse and Yonkers, where if there's a chief 5 administrator of the courts who is designated to 6 carry out certain administrative duties in 7 addition to the traditional duties, this would 8 increase their salary by $1,000 a year. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Thank you, Mr. 12 President. 13 I just have one question, if 14 Senator Spano would yield. 15 ACTING PRESIDENT KUHL: Senator 16 Spano, do you yield to Senator Paterson for a 17 question? 18 SENATOR SPANO: Yes. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR PATERSON: Thank you very 22 much. 23 How did New Rochelle find itself 24 in a situation where the supervising judge 25 received lesser than the supervisors in the 3546 1 other areas? 2 SENATOR SPANO: I'm sorry, 3 Senator. I didn't hear the question. 4 SENATOR PATERSON: I'm sorry, Mr. 5 President. How did New Rochelle become rendered 6 to an extent where its supervising judge was 7 receiving less compensation than the supervising 8 judiciary figures in the other places, Buffalo? 9 SENATOR SPANO: The other judges, 10 Senator, received this increase as a part of the 11 Judiciary Law and there's a listing in the 12 Judiciary Law which courts had a chief justice 13 and the city of New Rochelle was not included in 14 that list. This bill adds them to the list of 15 judges in municipalities -- city courts such as 16 the ones I described, Buffalo, Syracuse and 17 Yonkers. 18 SENATOR PATERSON: Thank you, Mr. 19 President. 20 If Senator Spano would yield to 21 one further question. 22 ACTING PRESIDENT KUHL: Senator 23 Spano, do you continue to yield? 24 SENATOR SPANO: Yes. 25 ACTING PRESIDENT KUHL: The 3547 1 Senator continues to yield. 2 SENATOR PATERSON: Senator, my 3 only concern -- I don't have a problem with what 4 happens in New Rochelle. My only concern is the 5 possibility that this would open a door where we 6 are, on a local basis, evening the slate when 7 perhaps this is something we should have done 8 with sweeping legislation or that the next time 9 there is a review panel that examines the 10 judiciary, perhaps New Rochelle needs to be 11 included on it, but do you think by taking these 12 situations on a case-by-case basis is going to 13 solve this problem? 14 SENATOR SPANO: This legislation 15 would deal just with the city of New Rochelle as 16 one of the largest cities in the county of 17 Westchester with -- where there's a significant 18 case load before the judges in that community. 19 It seems appropriate that they should have the 20 same type of benefits as those other cities that 21 -- city courts that I described. Whether or 22 not other cities of this state also should or 23 may be qualified, I'll leave that up to the 24 individual members to make that determination, 25 Senator, but the -- this was one specific case 3548 1 in Westchester that was brought to our 2 attention. 3 SENATOR PATERSON: Thank you, Mr. 4 President. 5 Senator Spano's explanation is 6 acceptable enough for me to vote for the 7 legislation, but I would just like to point out 8 that there must have been some standard that was 9 set when there was designation of who should 10 receive what amounts, and I don't know that this 11 is exactly the right way to go about it. 12 Perhaps the next time there will be a greater 13 recognition of New Rochelle or any other city 14 that -- whose supervising judge deserves this 15 salary. 16 ACTING PRESIDENT KUHL: Senator 17 Montgomery, did you wish to speak on the bill? 18 SENATOR MONTGOMERY: No. I just 19 want to be recognized after we vote. 20 ACTING PRESIDENT KUHL: All 21 right. 22 SENATOR MONTGOMERY: Thank you. 23 ACTING PRESIDENT KUHL: Senator 24 Gold. 25 SENATOR GOLD: Yes. Would 3549 1 Senator Spano yield to a question? 2 SENATOR SPANO: Yes. 3 ACTING PRESIDENT KUHL: The 4 Senator yields. 5 SENATOR GOLD: Senator, first of 6 all, what's the population of New Rochelle? 7 SENATOR SPANO: What's the 8 population of New Rochelle? I don't know, 9 80,000. 10 SENATOR GOLD: How many judges - 11 pardon me? 12 SENATOR SPANO: Give or take a 13 little bit. 14 SENATOR GOLD: I can't hear. 15 Senator Stafford - 16 SENATOR SPANO: Neither can I. 17 SENATOR GOLD: Senator, I'm 18 sorry. I couldn't hear you. 19 SENATOR SPANO: I think it's 20 about 80,000. 21 SENATOR GOLD: If the Senator 22 would yield to a question. How many judges are 23 there in New Rochelle? 24 SENATOR SPANO: I think it's 25 four. 3550 1 SENATOR GOLD: Four? And, 2 Senator, has the Office of Court Administration 3 taken any position? 4 SENATOR SPANO: No. They have 5 not issued any memo in support or against. 6 SENATOR GOLD: And if we are to 7 pass this, as far as you know, is this a budget 8 item? 9 SENATOR SPANO: Pretty small in 10 the total scheme of things, but sure. 11 SENATOR GOLD: And, Senator, the 12 -- I notice in the last part of the bill you 13 say that for the purpose of the legislation, the 14 person designated as a supervising judge shall 15 be considered the chief judge. Do you know 16 whether in the other cities involved they have 17 chief judges or supervising judges? 18 SENATOR SPANO: Yeah. This is 19 consistent with the current law. 20 SENATOR GOLD: Well, Senator, I 21 don't know what "consistent with the current 22 law" means. You're adding new language and I 23 was just wondering, in the other cities, I 24 assume they have a chief judge. Apparently New 25 Rochelle doesn't have a chief judge. They have 3551 1 somebody they call a supervising judge. 2 SENATOR SPANO: All right. And 3 that supervising judge would then become the 4 chief judge. 5 SENATOR GOLD: But it doesn't say 6 he will become the chief judge. It says - 7 SENATOR VELELLA: Mr. President, 8 can we manage to have the Chair included in this 9 debate? I believe the Senator should ask 10 Senator Spano to yield. 11 SENATOR GOLD: Point of order, 12 Mr. President. I wish you to direct me to 13 please have any questions go through you. 14 ACTING PRESIDENT KUHL: Consider 15 yourself so directed, Senator. 16 SENATOR GOLD: Thank you. 17 ACTING PRESIDENT KUHL: Senator 18 Spano, do you continue to yield to a question 19 from Senator Gold? 20 SENATOR SPANO: Yes. 21 ACTING PRESIDENT KUHL: The 22 Senator yields. 23 SENATOR GOLD: Mr. President, if 24 the Senator would yield to one more question. 25 SENATOR SPANO: Sure. 3552 1 SENATOR GOLD: Yeah. Apparently, 2 Senator, you give some examples of Buffalo with 3 12 judges and some others. I assume New 4 Rochelle would be the smallest city to get this 5 particular benefit, is that correct? 6 SENATOR SPANO: I don't believe 7 so. I think Utica is also included. 8 SENATOR GOLD: You believe what? 9 SENATOR SPANO: Utica, Niagara 10 Falls. 11 SENATOR GOLD: And -- just lastly 12 to clarify, the statute now provides that, where 13 appropriate, there are chief judges and you are 14 not making the judge a chief judge but you are 15 saying that the supervising judge can collect 16 the money, is that it? 17 SENATOR SPANO: That's correct. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the bill? 20 (There was no response.) 21 Hearing none, the Secretary will 22 read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 3553 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Montgomery. 7 SENATOR MONTGOMERY: Mr. 8 President, I would like unanimous consent to be 9 recorded in the negative on Calendar 844. 10 ACTING PRESIDENT KUHL: Without 11 objection -- without objection and hearing no 12 objection, Senator Montgomery will be recorded 13 in the negative on Calendar Number 844. 14 The Secretary will continue to 15 read the controversial calendar. 16 ACTING PRESIDENT KUHL: Calendar 17 Number 810, by Senator Alesi, Senate Print 4432, 18 an act to amend the General Business Law, in 19 relation to revocation or suspension of the 20 registration card of security guards who have 21 been convicted of a serious offense. 22 ACTING PRESIDENT KUHL: Senator 23 Alesi, an explanation of Calendar Number 810 has 24 been requested by Senator Montgomery. 25 SENATOR ALESI: Mr. President, 3554 1 this bill, at the request of the Department of 2 State, provides that a security guard would have 3 30 days rather than the current 14 days to 4 notify the Department if he or she changes an 5 address. It also provides that if a security 6 guard is convicted of a serious offense, such as 7 a felony, that he or she would automatically 8 lose their registration or their standing as a 9 security guard with the Department of State 10 unless they request in writing within a 35-day 11 period a hearing. 12 ACTING PRESIDENT KUHL: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: Yes. Mr. 15 President, if Senator Alesi would yield for a 16 question. 17 ACTING PRESIDENT KUHL: Senator 18 Alesi, do you yield? 19 SENATOR ALESI: Yes. 20 ACTING PRESIDENT KUHL: The 21 Senator yields. 22 SENATOR MONTGOMERY: You have a 23 condition of revocation, that is a person 24 convicted of a serious felony offense, and I'm 25 just wondering what is the lowest possible 3555 1 felony offense that would be considered a 2 serious felony offense. 3 SENATOR ALESI: That would be 4 anything that would be contained in the Section 5 89(f)(13) of the General Business Law. 6 SENATOR MONTGOMERY: Mr. 7 President, if the Senator would yield. Would 8 you give me an example of what kind of offense 9 would be included in that particular - 10 SENATOR ALESI: Any example, 11 Senator? 12 SENATOR MONTGOMERY: Excuse me? 13 SENATOR ALESI: Any example? 14 SENATOR MONTGOMERY: Well, the 15 lowest kind of an offense, the lowest level of 16 offense that would be considered a violent 17 felony under that particular section. 18 SENATOR ALESI: Senator, as I 19 indicated, anything that would be in that 20 grouping punishable by one year, for example, 21 felony, unlawful keeping of a person against his 22 or her will. 23 SENATOR MONTGOMERY: Okay. Thank 24 you. 25 SENATOR ALESI: Arson, mayhem, 3556 1 any of that stuff. 2 SENATOR MONTGOMERY: All right. 3 Mr. President, this is one of those instances 4 where it becomes extremely difficult to make a 5 judgment, but I'm going to vote no on this and 6 my reason for doing it is not that I don't -- I 7 don't agree with the intent in terms of public 8 safety and protection vis-a-vis making sure that 9 someone is convicted of a felony is not able to 10 become a security guard but, as you know, with 11 the advent of welfare reform and many other 12 changes that we're faced with, it is very likely 13 that a number of people who may at some point in 14 their lives come in contact with law enforcement 15 and the criminal justice system but many of whom 16 may have been totally rehabilitated and that's 17 our hope that most people eventually are 18 rehabilitated and may be able to become security 19 guards and work for firms that provide security 20 in some way or other, and so I'm going to vote 21 no on this because I think that it's one more of 22 those areas that we are setting aside or setting 23 outside of the possibility of some people for 24 whom this may be the only or one of few options 25 for them to be employed. 3557 1 So I'm voting no just because of 2 that part of the bill even though I support 3 generally what the bill intends to do. 4 So I'm no on that, Mr. President. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the bill? 7 (There was no response.) 8 Hearing none, the Secretary will 9 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 53, nays 1, 16 Senator Montgomery recorded in the negative. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 The Secretary will continue to - 20 Senator Paterson, why do you rise? 21 SENATOR PATERSON: Mr. President, 22 if the -- I would like to be recorded with 23 unanimous consent in the negative on Calendar 24 Number 844. 25 ACTING PRESIDENT KUHL: Without 3558 1 objection, hearing no objection, Senator 2 Paterson will be recorded in the negative on 3 Calendar Number 844. 4 The Secretary will continue to 5 read the controversial calendar. 6 THE SECRETARY: Calendar Number 7 828, by Senator Saland, Senate Print 4341, an 8 act to authorize the town of Poughkeepsie, 9 county of Dutchess, to convey certain parklands. 10 SENATOR SALAND: Mr. President, 11 this bill is a land swap in the town of 12 Poughkeepsie, the purpose of which is to convey 13 parklands currently being used in what's called 14 Greenvale Park in the town of Poughkeepsie to an 15 adjoining owner in return for properties from 16 that adjoining owner which will permit easier 17 access to that same park and also provide some 18 additional space for parking at that park. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President, 22 if I would be permitted to ask a question. 23 ACTING PRESIDENT KUHL: Senator 24 Saland, do you yield to a question? 25 SENATOR SALAND: Yes, Mr. 3559 1 President. 2 ACTING PRESIDENT KUHL: The 3 Senator yields. 4 SENATOR PATERSON: Thank you very 5 much, Senator Saland. 6 As this is a conveyance bill, 7 does this require a two-thirds passage? 8 SENATOR SALAND: Two-thirds 9 passage here in our house? 10 SENATOR PATERSON: Correct. 11 SENATOR SALAND: I believe the 12 answer to that question -- no? 13 ACTING PRESIDENT KUHL: Senator 14 Saland, you can believe what you would like to, 15 but I'm informed by the Journal Clerk that this 16 is a majority vote. 17 SENATOR SALAND: I stand 18 corrected, agreeably so. Thank you, Mr. 19 President. 20 ACTING PRESIDENT KUHL: Any other 21 Senator wishing to speak on the bill? 22 (There was no response.) 23 The Secretary will read the last 24 section. 25 THE SECRETARY: Section 4. This 3560 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Senator 3 Dollinger, excuse me. Why do you rise? 4 SENATOR DOLLINGER: Mr. 5 President, I apologize for the roll call. Could 6 you just explain to me briefly why that is the 7 case, why this is not a two-thirds bill or 8 three-fifths bill, just so I make sure I 9 understand it. 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger, under Rule IX, Subdivision 2(b), 12 you'll see that the only bills that require a 13 two-thirds vote of the elected Senators are 14 bills that are appropriating public monies or 15 property for local or private purposes and this 16 is not one of those bills. 17 This is a bill that requires a 18 vote coming from three-fifths of the Senators 19 being present. 20 SENATOR DOLLINGER: Again through 21 you, Mr. Chairman, is this a three-fifths bill 22 then? This is a three -- thank you, Mr. 23 President. 24 ACTING PRESIDENT KUHL: Read the 25 last section -- call the roll. 3561 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk for those who 4 are concerned. Announce the results. 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 880, by Senator Rath, Senate Print 3058, an act 10 to amend the Tax Law, in relation to extending 11 the effectiveness of the one percent increase in 12 sales and compensating use taxes in Genesee 13 County. 14 ACTING PRESIDENT KUHL: Senator 15 Rath, an explanation of Calendar Number 880 has 16 been requested by Senator Dollinger. 17 SENATOR RATH: Mr. President, 18 Genesee County has requested an extension of 19 their additional one percent sales tax under the 20 same terms as it was passed two years ago and 21 this piece of legislation is necessary in order 22 to accomplish that renewal. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 3. This 3562 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT KUHL: Record 6 the negatives and announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 880 are Senators 9 Dollinger and Gentile. Ayes 54, nays 2. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Holland, that completes 13 the reading of the controversial calendar. 14 SENATOR HOLLAND: Mr. President, 15 is there any housekeeping at the desk? 16 ACTING PRESIDENT KUHL: There is, 17 Senator Holland. 18 SENATOR HOLLAND: Could we take 19 it up, please. 20 ACTING PRESIDENT KUHL: We'll 21 return to the order of motions and resolutions 22 and the Secretary will read the substitutions at 23 the desk. 24 THE SECRETARY: Senator Rath 25 moves to discharge from the Committee on Rules 3563 1 Assembly Bill Number 2632 and substitute it for 2 the identical Senate bill, Third Reading 278. 3 Senator Levy moves to discharge 4 from the Committee on Rules Assembly Bill Number 5 522 and substitute it for the identical Senate 6 bill, Third Reading 373. 7 Senator Hannon moves to discharge 8 from the Committee on Rules Assembly Bill 7557 9 and substitute it for the identical Senate bill, 10 Third Reading 772. 11 Senator Meier moves to discharge 12 from the Committee on Rules Assembly Bill Number 13 4277 and substitute it for the identical Senate 14 bill, Third Reading 1020. 15 Senator Maltese moves to 16 discharge from the Committee on Rules Assembly 17 Bill Number 1864 and substitute it for the 18 identical Senate bill, Third Reading 1033. 19 Senator Kuhl moves to discharge 20 from the Committee on Rules Assembly Bill Number 21 7683 and substitute it for the identical Senate 22 bill, Third Reading 1038. 23 Senator Farley moves to discharge 24 from the Committee on Rules Assembly Bill Number 25 3545 and substitute it for the identical Senate 3564 1 bill, Third Reading 1064. 2 ACTING PRESIDENT KUHL: The 3 substitutions are ordered. 4 The Chair recognizes Senator 5 Holland. 6 SENATOR HOLLAND: Mr. President, 7 there being no further business, I move we 8 adjourn until Tuesday, May 20th, at 10:00 a.m. 9 ACTING PRESIDENT KUHL: The 10 Senate stands adjourned until tomorrow, Tuesday, 11 May 20th, at 10:00 a.m. Notice the time change, 12 10:00 a.m. 13 (Whereupon, at 4:03 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21