Monday, June 16, 1997

5120 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 16, 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 5121 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join 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 the Reverend Peter G. Young from the 9 Blessed Sacrament Church in Bolton Landing. 10 Reverend Young. 11 REVEREND PETER G. YOUNG: Dear 12 God, as we gather in Your name on this beautiful 13 mid-June afternoon, we turn to You for Your 14 guidance and merciful understanding. We 15 acknowledge You as our Father in heaven and we 16 honor our fathers here on earth for their 17 dedication to their children and family values. 18 May we here in this Senate chamber pray that 19 their example will instill parenting skills in 20 all of our parents of New York State. Amen. 21 THE PRESIDENT: Amen. 22 The reading of the Journal, 23 please. 24 THE SECRETARY: In Senate, 25 Saturday, June 14th. The Senate met pursuant to 5122 1 adjournment. The Journal of Friday, June 13th, 2 was read and approved. On motion, the Senate 3 adjourned. 4 THE PRESIDENT: Without 5 objection, the Journal stands approved as read. 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Rath. 15 SENATOR RATH: Madam President, I 16 wish to call up my bill, Print Number 4852, 17 recalled from the Assembly which is now at the 18 desk. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: By Senator Rath, 22 Senate Print 4852, an act to amend the State 23 Administrative Procedure Act. 24 SENATOR RATH: Madam President, I 25 now move to reconsider the vote by which the 5123 1 bill was passed. 2 THE PRESIDENT: Call the roll on 3 reconsideration, please. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 44. 7 SENATOR RATH: Madam President, 8 would you please star the bill. 9 THE PRESIDENT: So ordered. 10 SENATOR RATH: Yes, Madam 11 President. I would please like to have my Bill 12 Number 1216 have a sponsor's star on it, 13 Calendar Number 1216. 14 THE PRESIDENT: The bill will be 15 starred at the sponsor's request. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Yes, Madam 18 President. Amendments are offered to the 19 following Third Reading Calendar bills: 20 Sponsored by Senator Cook, on 21 page 8, Calendar Number 224, Assembly Print 22 Number 1476; 23 By Senator Alesi, page number 9, 24 Calendar Number 265, Senate Print Number 2872-A; 25 By Senator LaValle, page number 5124 1 13, Calendar Number 393, Senate Print Number 2 3200; 3 By Senator Levy, page number 14, 4 Calendar Number 426, Senate Print Number 3553; 5 By Senator Wright, on page number 6 25, Calendar Number 737, Senate Print Number 7 4779; 8 By Senator Kuhl, on page number 9 37, Calendar Number 983, Senate Print Number 10 3214; 11 By Senator Levy, on page number 12 39, Calendar Number 1013, Senate Print Number 13 4818; 14 By Senator Stafford, on page 46, 15 Calendar Number 1217, Senate Print Number 4999; 16 By Senator Levy, on page 47, 17 Calendar Number 376, Senate Print Number 3481-C; 18 By Senator Levy, on page number 19 49, Calendar Number 993, Senate Print Number 20 4308; 21 By Senator Volker, on page 48, 22 Calendar Number 702, Senate Print Number 3431-A. 23 THE PRESIDENT: The amendments 24 are received. 25 Senator Farley. 5125 1 SENATOR FARLEY: Thank you, Madam 2 President. 3 I wish to call up Senator 4 DeFrancisco's bill, Print Number 479-A, which 5 was recalled from the Assembly which is now at 6 the desk. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator 10 DeFrancisco, Senate Print 479-A, an act to amend 11 the Public Health Law. 12 SENATOR FARLEY: Thank you. 13 I'll hand this over to him if he 14 needs it. 15 Madam President, I now move to 16 reconsider the vote by which this bill passed. 17 THE PRESIDENT: Call the roll on 18 reconsideration, please. 19 (The Secretary called the roll on 20 reconsideration.) 21 THE SECRETARY: Ayes 47. 22 SENATOR FARLEY: Madam President, 23 I now offer the following amendments. 24 THE PRESIDENT: The amendments 25 are received. 5126 1 The Secretary has some 2 substitutions to read. 3 THE SECRETARY: On page 25, 4 Senator Lack moves to discharge from the 5 Committee on Rules Assembly Print 1069-A and 6 substitute it for the identical Senate bill, 7 Third Reading 739. 8 On page 43, Senator Velella moves 9 to discharge from the Committee on Rules 10 Assembly Print 1612 and substitute it for the 11 identical Senate bill, Third Reading 1189. 12 On page 43, Senator Volker moves 13 to discharge from the Committee on Rules 14 Assembly Print 2959 and substitute it for the 15 identical Senate bill, Third Reading 1192. 16 On page 44, Senator Kuhl moves to 17 discharge from the Committee on Rules Assembly 18 Bill 4548 and substitute it for the identical 19 Senate bill, Third Reading 1198. 20 On page 44, Senator LaValle moves 21 to discharge from the Committee on Rules 22 Assembly Print 5361 and substitute it for the 23 identical Senate bill, Third Reading 2101. 24 On page 45, Senator Volker moves 25 to discharge from the Committee on Rules 5127 1 Assembly Print 6795-A and substitute it for the 2 identical Senate bill, Third Reading 1212. 3 On page 45, Senator Trunzo moves 4 to discharge from the Committee on Rules 5 Assembly Print 7546-A and substitute it for the 6 identical Senate bill, Third Reading 1213. 7 THE PRESIDENT: The substitutions 8 are ordered. 9 Senator Skelos. 10 SENATOR SKELOS: May we take up 11 the non-controversial calendar. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 342, by Senator Johnson, Senate Print 2684-B, an 16 act to amend the Insurance Law, in relation to 17 authorizing civil penalties. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MARCELLINO: The 5128 1 bill is passed. 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 572, by Senator Marcellino, Senate Print 4130-A, 7 an act to amend the Environmental Conservation 8 Law, in relation to eliminating the requirement 9 that transported or relayed shellfish are 10 tagged. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 49. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 598, by Senator Spano, Senate Print 4218, an act 23 to amend the Workers' Compensation Law, in 24 relation to the uninsured - 25 SENATOR STACHOWSKI: Lay it 5129 1 aside. 2 ACTING PRESIDENT MARCELLINO: Lay 3 the bill aside, please. 4 THE SECRETARY: Calendar Number 5 618, by Senator Cook, Senate Print 2827-A, an 6 act to create a program for the humanities 7 within the state library. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect on the first day of April. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 51. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 665, by member of the Assembly Lafayette, 20 Assembly Print 5811, an act to amend the Real 21 Property Tax Law, in relation to tax exemption 22 for buildings. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This 5130 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 51. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 670, by Senator LaValle, Senate Print 2467-A, an 10 act in relation to the Long Island suburban 11 highway improvement program. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 51. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 759, by Senator Lack, Senate Print 5049-A, an 24 act to amend the General Obligations Law, in 25 relation to the continuity of contract. 5131 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 51. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 778, by the Assembly Committee on Rules, 13 Assembly Print 7700, Senate Print -- Reprint 14 21000, an act to amend the Public Health Law, in 15 relation to notification. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 51. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number 5132 1 782, by Senator Hannon, Senate Print 5042, an 2 act to amend the Public Health Law, in relation 3 to establishing a program to promote preventive 4 and wellness care health care. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 51. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 799, by Senator Holland, Senate Print 4338-A, an 16 act to amend Chapter 672 of the Laws of 1993. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 51. 24 THE PRESIDENT: The bill is 25 passed. 5133 1 THE SECRETARY: Calendar Number 2 813, by Senator Alesi, Senate Print 5122-B, an 3 act to amend the General Business Law and the 4 Executive Law, in relation to providing for the 5 regulation and licensing of non-bank coin 6 processors. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 6. This 10 act shall take effect January 1st, 1998. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 53. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 815, by Senator Libous, Senate Print 1951-A, an 18 act to amend the County Law, in relation to 19 establishing the Chenango County emergency 20 communication system. 21 THE PRESIDENT: There is a home 22 rule message at the desk. Read the last 23 section, please. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first day of 5134 1 January. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 822, by Senator Libous, Senate Print 3721, an 9 act to authorize the county of Chenango to 10 convey certain lands. 11 THE PRESIDENT: Read the last 12 section, please. There's a home rule message at 13 the desk. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 843, by Senator Maziarz, Senate Print 2760-A, an 23 act to amend the State Administrative Procedure 24 Act, in relation to the priority review of 25 existing rules. 5135 1 SENATOR STACHOWSKI: Lay it 2 aside. 3 THE PRESIDENT: Lay it aside, 4 please. 5 THE SECRETARY: Calendar Number 6 934, by Senator Johnson, Senate Print 1279, an 7 act to amend the Domestic Relations Law, in 8 relation to visitation rights to infant 9 grandchildren. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 53. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 936, by Senator Marcellino, Senate Print 3105, 21 an act to amend the Social Services Law, in 22 relation to child day care. 23 THE PRESIDENT: Read the last 24 section, please. 25 THE SECRETARY: Section 5. This 5136 1 act shall take effect in 120 days. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 960, by Senator Larkin, Senate Print 470-A, an 9 act to amend the Public Authorities Law, in 10 relation to discount tolls for four-wheel pickup 11 trucks and vans. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect in 60 days. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1050, by Senator Marchi, Senate Print 4085, an 23 act to repeal Section 630 of the Business 24 Corporation - 25 SENATOR STACHOWSKI: Lay it 5137 1 aside. 2 THE PRESIDENT: Lay it aside, 3 please. 4 THE SECRETARY: Calendar Number 5 1051, by Senator Padavan, Senate Print 2206, an 6 act to amend the Education Law, in relation to 7 the exclusion of illegal aliens. 8 THE PRESIDENT: Read the last 9 section, please. 10 SENATOR STACHOWSKI: Lay it 11 aside. 12 THE PRESIDENT: Lay it aside. 13 THE SECRETARY: Calendar Number 14 1052, by Senator Skelos, Senate Print 3984, an 15 act to amend the Education Law, in relation to 16 mandatory continuing education. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect January 1st. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 24 THE PRESIDENT: The bill is 25 passed. 5138 1 THE SECRETARY: Calendar Number 2 1173, by Senator Marchi, Senate Print 3355, an 3 act to amend the Not-for-Profit Corporation Law, 4 in relation to granting exclusive rights to 5 cemetery corporations. 6 THE PRESIDENT: Read the last 7 section, please. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 30th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 54. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1189, substituted earlier today by member of the 17 Assembly Rivera, Assembly Print 1612, an act to 18 amend Chapter 383 of the Laws of 1991. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 54. 5139 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1190, by Senator Wright, Senate Print 1417, an 5 act to amend the Workers' Compensation Law, in 6 relation to appeals for premium increases. 7 SENATOR STACHOWSKI: Lay it 8 aside. 9 THE PRESIDENT: Lay it aside. 10 THE SECRETARY: Calendar Number 11 1192, substituted earlier today by member of the 12 Assembly Tonko, Assembly Print 2959, an act to 13 amend the Public Health Law and the Penal Law. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 5. This 17 act shall take effect on the first day of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 54. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1194, by Senator Kuhl, Senate Print 2061, an act 5140 1 to amend the Real Property Tax Law, in relation 2 to appointments. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 54. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1195, by Senator Wright, Senate Print 2167, an 14 act to amend the Real Property Tax Law, in 15 relation to subjects the lands within the Tug 16 Hill region to taxation. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 54. 24 THE PRESIDENT: The bill is 25 passed. 5141 1 THE SECRETARY: Calendar Number 2 1196, by Senator Larkin, Senate Print 2305, an 3 act to amend the Real Property Tax Law, in 4 relation to certain lands in Orange County. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1197, by Senator Breslin - 16 SENATOR SKELOS: Lay it aside. 17 THE PRESIDENT: Lay it aside. 18 THE SECRETARY: Calendar Number 19 1198, substituted earlier today by member of the 20 Assembly Parment, Assembly Print 4548, an act to 21 amend the Education Law, in relation to certain 22 veterinarian medical services. 23 THE PRESIDENT: Read the last 24 section, please. 25 THE SECRETARY: Section 2. This 5142 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 54. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1199, by Senator Spano, Senate Print 3003-A, an 9 act to amend Chapter 511 of the Laws of 1995. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 54. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1200, by Senator Padavan, Senate Print 3035, an 21 act to amend the Real Property Law, in relation 22 to the occupation of premises for unlawful 23 purpose. 24 THE PRESIDENT: Read the last 25 section, please. 5143 1 SENATOR DOLLINGER: Lay it aside. 2 THE PRESIDENT: Lay it aside. 3 THE SECRETARY: Calendar Number 4 1202, by Senator Maltese, Senate Print 3564, an 5 act to amend the Penal Law, in relation to 6 placing a false bomb. 7 THE PRESIDENT: Read the last 8 section, please. 9 SENATOR GOLD: Lay it aside for 10 Senator Dollinger, please. 11 THE PRESIDENT: Lay it aside. 12 THE SECRETARY: Calendar Number 13 1204, by Senator Stafford, Senate Print 3593, an 14 act in relation to allowing the payment of 15 certain retirement benefits. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 54. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number 5144 1 1205, by Senator Seward, Senate Print 3742-A, an 2 act to amend the Judiciary Law, in relation to 3 establishing a second County Court judgeship in 4 the county of Cortland. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: This act shall 8 take effect January 1st, 1998. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1207, by Senator Nozzolio, Senate Print 3835, an 16 act to amend the Judiciary Law, in relation to 17 the appointment of stenographers. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 55. 25 THE PRESIDENT: The bill is 5145 1 passed. 2 THE SECRETARY: Calendar Number 3 1208, by Senator Skelos, Senate Print 3862, an 4 act authorizing the assessor of the county of 5 Nassau to accept an application. 6 THE PRESIDENT: Read the last 7 section, please. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53, nays 2, 13 Senators Cook and Dollinger recorded in the 14 negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1209, by Senator Present, Senate Print 4007, an 19 act to amend the Penal Law, in relation to the 20 unlawful taking of trees. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first day of 25 November. 5146 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 56. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1213, substituted earlier today by the Assembly 8 Committee on Rules, Assembly Print 7546-A, an 9 act to amend the General Municipal Law and the 10 Retirement and Social Security Law. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect July 1st. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 56. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1215, by Senator DeFrancisco, Senate Print 4448, 22 an act in relation to authorizing the county of 23 Onondaga to lease certain park property. 24 THE PRESIDENT: There's a home 25 rule message at the desk. Read the last 5147 1 section, please. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1218, by Senator Bruno, Senate Print 5260, an 11 act in relation to the timeliness of the 12 election of the village of Castleton-on-the 13 Hudson to provide a retirement incentive. 14 THE PRESIDENT: There's a home 15 rule message at the desk. Read the last 16 section, please. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 56. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1219, by Senator Larkin, Senate Print 5390, an 5148 1 act to amend the General Municipal Law, in 2 relation to making technical amendments. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 56. 10 THE PRESIDENT: Senator Skelos, 11 that -- the bill is passed. 12 Senator Skelos, that completes 13 the reading of the non-controversial calendar. 14 SENATOR SKELOS: Thank you, Madam 15 President. 16 If we could take up the 17 controversial calendar at this time. 18 THE PRESIDENT: The Secretary 19 will - 20 SENATOR GOLD: Madam President. 21 THE PRESIDENT: Senator Gold. 22 SENATOR GOLD: Before you start 23 the non-controversial calendar, I just want the 24 record clear on one thing. I have in front of 25 me four notice of motions to suspend the rules 5149 1 by Senator Connor dealing with various bills. 2 One is Senate Bill Number 3281 3 which deals with the Emergency Housing Rent 4 Control Law. One of them deals with Senate Bill 5 5493, continuation of protections provided by 6 law relating to the control of rents and 7 regulations, one dealing with Senate Bill 5494, 8 again relating to the control of stabilization 9 of rents and the last one, 5495 which, again, 10 deals with emergency housing, and my 11 understanding is that these notices, Madam 12 President, were properly filed and that at some 13 appropriate time in the calendar today, before 14 we adjourn, these may be called up and taken up 15 by the Minority Leader. 16 THE PRESIDENT: Thank you, 17 Senator Gold. 18 SENATOR SKELOS: Could we have 19 the controversial calendar, please. 20 THE PRESIDENT: Yes. The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 598, by Senator Spano, Senate Print 4218, an act 24 to amend the Workers' Compensation Law, in 25 relation to the Uninsured Employers' Fund. 5150 1 SENATOR STACHOWSKI: Explanation. 2 THE PRESIDENT: Senator Spano. 3 SENATOR SPANO: Thank you, Madam 4 President. 5 This bill transfers the 6 responsibility for represented -- representing 7 the Uninsured Employers' Fund to a 8 representative outside of the Workers' 9 Compensation Board. 10 The Workers' Compensation Board 11 asked that we introduce this bill because they 12 feel that to have an employee handling a 13 dispute, an employee who is an employee of the 14 Workers' Compensation Board, would place an 15 unavoidable conflict of interest in the process. 16 The second part of this bill 17 includes the Uninsured Employers' Fund to 18 require to make -- currently in the current law 19 there's a list of insurance companies, special 20 disability funds, the special fund for reopened 21 cases that would be required to make payments to 22 a claimant in cases of a controversy and the 23 liability. It would also add the unemployer - 24 Uninsured Employers' Fund to that list. 25 THE PRESIDENT: Senator. 5151 1 SENATOR STACHOWSKI: Madam 2 President, will Senator Spano yield for a 3 question? 4 SENATOR SPANO: Yes. 5 THE PRESIDENT: Senator Spano. 6 SENATOR STACHOWSKI: Senator, all 7 this time, the other attorneys in-house have 8 done this type of work without any conflict of 9 interest. Why suddenly would it alleviate a 10 conflict of interest? 11 SENATOR SPANO: The -- the 12 members -- I'm not sure, Senator, if this bill 13 -- as far as I know, I think this is a new bill 14 given to us by the Workers' Compensation Board. 15 As you are aware, we have new 16 members of the board. We have a new chairman of 17 the Workers' Comp' Board who has been taking a 18 look at the proceedings of the board, as well as 19 looking at streamlining the process and feel 20 that this is one way of making sure that the 21 claimants are paid in a timely basis and at the 22 same time, we avoid any type of potential 23 conflict of interest that this board feels 24 exists under the current statute. 25 Apparently the chairs of the 5152 1 Workers' Compensation boards previously didn't 2 feel that there was a conflict. 3 THE PRESIDENT: Senator 4 Stachowski. 5 SENATOR STACHOWSKI: Madam 6 President, if Senator Spano would continue to 7 yield. 8 SENATOR SPANO: Yes. 9 SENATOR STACHOWSKI: Do we know 10 whether this will become more costly to the 11 system by having outside attorneys do this work 12 or will it save money? Just so I can carry it a 13 little bit farther with my question. It would 14 seem to me if you're hiring outside attorneys 15 that the fee would probably go up because I 16 don't see people in private practice charging 17 less of a fee than a public employee. It's just 18 some impression I have. I may be off base. 19 SENATOR SPANO: We asked the 20 representatives of the Workers' Comp' Board that 21 question. They indicate to us that there would 22 be no sizeable increase in any costs to the 23 Workers' Comp' Board. As a matter of fact, they 24 may be able to handle additional cases but at 25 the same time, we asked the question about the 5153 1 current employees who are the attorneys for the 2 Workers' Comp' Board who are handling these 3 cases and they indicated to me that there are 4 other duties for them within the Comp' Board so 5 that we would not cause those individuals to 6 lose their jobs. I think we're talking about 7 five attorneys of the Workers' Comp' Board that 8 would be affected. 9 SENATOR STACHOWSKI: One last 10 question. 11 THE PRESIDENT: Senator. 12 SENATOR STACHOWSKI: I know you 13 just kind of answered what I'm going to ask, 14 saying they would do other jobs. So wouldn't we 15 be looking to maybe decrease their salaries 16 since this is one less thing they have to do? I 17 don't know that there would be any new -- they 18 would be doing other jobs, but I don't know that 19 it would be new work and since they're not doing 20 the main thing they used to do, I really don't 21 know why we would be keeping them. 22 THE PRESIDENT: Senator Spano. 23 SENATOR SPANO: Honestly, 24 Senator, I didn't ask the question of the 25 chairman of the Workers' Comp' Board as to 5154 1 whether or not the salaries would, in fact, be 2 decreased. We did ask about the employment of 3 these five individuals and we're told that their 4 employment would be protected. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 598 are Senators 13 Connor and Mendez. Ayes 56, nays 2. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 843, by Senator Maziarz, Senate Print 2760-A, an 18 act to amend the State Administrative Procedure 19 Act, in relation to priority review of existing 20 rules. 21 SENATOR STACHOWSKI: Explanation. 22 THE PRESIDENT: Senator Maziarz. 23 SENATOR MAZIARZ: Thank you, 24 Madam President. 25 Madam President, this bill would 5155 1 allow at least 25 small businesses to petition 2 an agency to review existing rules which are 3 unduly burdening such business. 4 If proven burdensome, such agency 5 is authorized to suspend the application of such 6 rule for a period of not less than three months 7 nor more than one year and direct an agency, the 8 agency imposing the rule, to review the 9 regulation and decide whether it should be 10 modified, rescinded or fully restored. Such 11 rule has to have been in effect for at least 18 12 months. 13 So let's say that 25 small 14 businesses in the city of Buffalo did not like a 15 particular rule that was promulgated by an 16 agency, Senator Stachowski, they would be able 17 to petition to that agency for relief. 18 THE PRESIDENT: Senator 19 Stachowski. 20 SENATOR STACHOWSKI: Madam 21 President, would Senator Maziarz yield for a 22 question? 23 THE PRESIDENT: Senator? 24 SENATOR MAZIARZ: Surely, Madam 25 President. 5156 1 SENATOR STACHOWSKI: Senator, the 2 EPL has a two-chimney memo against this 3 particular piece of legislation even as it is 4 amended. For those that have voted against a 5 couple one-chimney bills, this would be a chance 6 to pick up a couple chimneys but other than 7 that, they say that changes you've made are 8 superficial and by doing this piece of 9 legislation, that the bill would drastically 10 undermine the process by allowing a state agency 11 to unilaterally suspend a properly instituted 12 rule and the effect of that suspension could 13 very well be an expense to the general public as 14 far as their public health and safety and the 15 safety and public health of the environment 16 would be concerned. 17 So their concern is dealing 18 mainly in the area of environmental rules, 19 mainly in the area that if you suspend some 20 environmental rules because 25 businesses happen 21 to get together because possibly it may be a 22 costly rule but it is one that protects the 23 health and environment of the general public, 24 can we -- can we afford to do that at that cost 25 for that length of time to find out whether this 5157 1 rule is actually a good rule or not a good 2 rule? 3 THE PRESIDENT: Senator Maziarz. 4 SENATOR MAZIARZ: The answer to 5 your question, Senator Stachowski, is yes. I 6 don't think that 3 months and 18 months is all 7 that unreasonable. 8 Regarding the memorandum of 9 opposition that you quote, I did amend the bill 10 to take care of their first two objections, that 11 is, they objected going to the Governor's Office 12 of Regulatory Reform. We took that out, made it 13 go directly to the agency that promulgated the 14 rule. We went from two small businesses to 25. 15 SENATOR STACHOWSKI: On the bill. 16 THE PRESIDENT: Senator 17 Stachowski. 18 SENATOR STACHOWSKI: Senator, I 19 appreciate your explanation. I knew that that 20 was the change that you made. Apparently it 21 didn't satisfy the EPL. I think their major 22 concern is in the area of public health and 23 safety and also the protection of the 24 environment. 25 Unfortunately, I know that 5158 1 sometimes small businesses have undue 2 regulations and we would like to do anything we 3 can to help them with that but maybe there's a 4 better way of doing this than -- that wouldn't 5 bring up this kind of opposition, and I wish 6 that we could work this situation out. I don't 7 know -- I don't know if you could. I mean, I'm 8 not sure that anything you do would satisfy the 9 EPL in this situation but because of their 10 opposition, I'm going to recommend that people 11 vote against this bill. 12 THE PRESIDENT: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Madam 15 President, will the sponsor yield to one 16 question? 17 THE PRESIDENT: Senator Maziarz. 18 SENATOR MAZIARZ: Yes, Madam 19 President. 20 SENATOR DOLLINGER: Senator, if 21 the state Legislature unanimously passed a bill 22 that was signed into law by the Governor that 23 said a specific regulation was to be issued and 24 authorized and commanded the agency to issue 25 that regulation, would your legislation 5159 1 nonetheless give the Office of Regulatory Reform 2 the ability to suspend that for up to 12 3 months? 4 SENATOR MAZIARZ: No. 5 THE PRESIDENT: Senator Maziarz. 6 SENATOR MAZIARZ: No. 7 SENATOR DOLLINGER: What would it 8 do in that instance then, Senator? 9 SENATOR MAZIARZ: This bill 10 doesn't cover the -- I don't know if you've read 11 the A version of this bill or not but it takes 12 the power -- it does not even mention the 13 Governor's Office of Regulatory Reform. In the 14 original print, this procedure would have gone 15 through the Governor's Office of Regulatory 16 Reform. Now it would go through each specific 17 agency that the 25 businesses petitioned to. 18 SENATOR DOLLINGER: But under 19 those circumstances, the agency would still have 20 the power then to overrule the expressed will of 21 the Legislature, expressed command of the 22 Legislature and the Governor in conjunction. 23 SENATOR MAZIARZ: Yes, on a 24 temporary basis anywhere from 3 months to 18 25 months. 5160 1 SENATOR DOLLINGER: Again, Mr. 2 President, on the bill. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Dollinger on the bill. 5 SENATOR DOLLINGER: I'm not sure 6 if this Legislature and this Governor signed a 7 bill that said to the agency "Do this" and there 8 was a petition from a group of businesses that 9 said that would be a very un... very burdensome 10 to do, that nonetheless the agency could 11 voluntarily suspend the effect of the regulation 12 that had been commanded to be put into place by 13 this Legislature and by the Governor. I don't 14 know why we would ever give the agency that kind 15 of power. Unbeknown to me. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Abate. 18 SENATOR ABATE: Yes. Would 19 Senator Maziarz yield to a question? 20 ACTING PRESIDENT MARCELLINO: 21 Senator Maziarz, do you yield to a question? 22 SENATOR MAZIARZ: Yes, Mr. 23 President. 24 ACTING PRESIDENT MARCELLINO: He 25 yields, Senator. 5161 1 SENATOR ABATE: I read your bill 2 and I liken it to summary judgment. Basically 3 without any process, a business or a number of 4 businesses can go to the agency and say 5 unilaterally suspend the rules. Is that, in 6 essence, what this bill does? 7 SENATOR MAZIARZ: They could do 8 it. That doesn't necessarily mean that the 9 agency would have to do it. 10 SENATOR ABATE: No, but it gives 11 the authority - 12 SENATOR MAZIARZ: It gives the 13 agency the authority to do it, yes. 14 SENATOR ABATE: And what do the 15 businesses have to demonstrate before the 16 suspension is allowed? What is the burden of 17 coming forward? What do they have to argue? 18 SENATOR MAZIARZ: A cost burden, 19 for instance. 20 SENATOR ABATE: Do they have to 21 allege irreparable harm or just a cost burden? 22 SENATOR MAZIARZ: I would say 23 they could do both. 24 SENATOR ABATE: But at a 25 minimum they have to - 5162 1 SENATOR MAZIARZ: I don't know 2 that they're required to do either one. 3 SENATOR ABATE: Right. Can you 4 conceive of a situation where a business would 5 not be in a situation to argue that the 6 regulation doesn't have some impact - 7 SENATOR MAZIARZ: Not a business, 8 Senator. 9 SENATOR ABATE: -- the way they 10 do - 11 SENATOR MAZIARZ: Not a business, 12 25 businesses. 13 SENATOR ABATE: Or 25 14 businesses. Obviously you're talking about an 15 industry, a number of businesses that share a 16 common goal. To find 25 would not be difficult 17 and most regulations have some economic impact 18 on businesses. So this would cover just about 19 every regulation conceivably. Would that be 20 fair to say? 21 SENATOR MAZIARZ: Yes, yes. 22 SENATOR ABATE: All right. What 23 about the public review process now that's so 24 onerous that we have to go to what I call a 25 summary suspension system? What's so onerous 5163 1 today about the public review process? 2 SENATOR MAZIARZ: That remains 3 intact, but most of that public review system is 4 prior to the rule being implemented. The 5 problems generally pop up after the rule has 6 been implemented, Senator. 7 SENATOR ABATE: Well, Senator, 8 educate me. Is there an ability now for a 9 business or group of businesses that feel 10 regulation is so onerous that the weighing of 11 the interests, the inability for businesses to 12 operate outweigh any good the regulation could 13 have and - 14 SENATOR MAZIARZ: Generally - 15 I'm sorry. 16 SENATOR ABATE: Is there a 17 process now for a judicial review for the agency 18 now to review that regulation? 19 SENATOR MAZIARZ: Generally they 20 can call the Governor's Office of Regulatory 21 Reform or call your office or my office, 22 Senator. 23 SENATOR ABATE: So what about 24 that system is not working? The Governor is not 25 responding quickly enough? 5164 1 SENATOR MAZIARZ: Or -- excuse 2 me, Senator Abate. 3 ACTING PRESIDENT MARCELLINO: 4 Excuse me, Senator. I'm assuming Senator Abate 5 is still asking you to yield. Senator Maziarz, 6 you do yield? 7 SENATOR MAZIARZ: Yes. 8 SENATOR ABATE: Yes, Mr. 9 President. Would the Senator continue to 10 yield? 11 ACTING PRESIDENT MARCELLINO: He 12 yields, Senator. 13 SENATOR MAZIARZ: I'm still 14 answering your last question. 15 SENATOR ABATE: Okay. 16 SENATOR MAZIARZ: Or they could 17 file for -- very expensively file for a judicial 18 review. 19 SENATOR ABATE: Right. Well, 20 what about the system that's not working that 21 we're going to a system that could be fraught 22 with some real risks? What about the current 23 system that's not working? Why are we doing 24 this? 25 SENATOR MAZIARZ: Why are we 5165 1 doing this? 2 SENATOR ABATE: Yes. 3 SENATOR MAZIARZ: To give those 4 small independent businesses the opportunity to 5 have their voice heard, to have -- to give them 6 the opportunity to change an onerous regulation, 7 a regulation that is costing them money and 8 perhaps even closing down their businesses. 9 SENATOR ABATE: Thank you, 10 Senator. 11 SENATOR MAZIARZ: Thank you. 12 SENATOR ABATE: On the bill. We 13 all know that there's some - 14 ACTING PRESIDENT MARCELLINO: 15 Senator Abate, on the bill. 16 SENATOR ABATE: -- there are some 17 regulations that were put in place a number of 18 years ago that no longer make sense but the 19 process that's being delineated in this bill 20 also does not make sense because there is a 21 procedure for businesses to complain. There 22 should be a timely and -- whether it's through 23 judicial or administrative review where all the 24 parties can be heard and regulations should be 25 reviewed and those that are onerous should 5166 1 either be modified and repealed, but to suspend 2 just because 25 businesses complain without high 3 standards for that suspension does not represent 4 the public interests of the state and I think 5 makes little sense for the business community as 6 well as the larger community of New York State. 7 I think this bill goes too far. It's a summary 8 suspension of rules and regulations that could 9 affect not only environmental issues but health 10 issues, safety issues. 11 If there's something wrong now 12 with the administrative process where the 13 agencies and the Governor are not responding 14 timely, the procedure should be expedited, 15 that's one thing. Let's look at how we do 16 business differently and better but to put in 17 place what this bill is intending to do is 18 fraught with too many risks and will jeopardize 19 the public interests of this state. 20 I, therefore, oppose this bill. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first day of 25 January. 5167 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 843, Senators 6 Abate, Breslin, Connor, Dollinger, Gold, 7 Gonzalez, Goodman, Hannon, Hoffmann, Kruger, 8 Leibell, Levy, Markowitz, Onorato, Oppenheimer, 9 Paterson, Rosado, Sampson, Seabrook, Smith, 10 Spano, Stachowski, Stavisky and Tully. 11 ACTING PRESIDENT MARCELLINO: 12 Results? 13 THE SECRETARY: Ayes 32, nays 28. 14 THE PRESIDENT: The bill is 15 passed. 16 SENATOR LEICHTER: Madam 17 President. 18 THE PRESIDENT: Senator 19 Leichter. 20 SENATOR LEICHTER: Yeah. Can we 21 have a detailed report on this? I know it was a 22 close vote. I didn't hear my name called, other 23 names. Can we have a detailed statement, 24 please. 25 THE PRESIDENT: The Secretary 5168 1 will read. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 843, Senators 4 Abate, Breslin, Connor, Dollinger, Gold, 5 Gonzalez, Goodman, Hannon, Hoffmann, Kruger, 6 Lachman, LaValle, Leibell, Leichter, Levy, 7 Marcellino, Markowitz, Montgomery, Onorato, 8 Oppenheimer, Paterson, Rosado, Sampson, 9 Seabrook, Smith, Spano, Stachowski, Stavisky and 10 Tully. Ayes -- nays 29. 11 Those recorded in the 12 affirmative, Senator Alesi - 13 THE PRESIDENT: Senator Paterson 14 -- excuse me, Mr. Secretary. 15 SENATOR PATERSON: Madam 16 President, since we had 28 negatives in the 17 original call and now we have 29 negatives - 18 THE PRESIDENT: That's correct. 19 SENATOR PATERSON: -- I would ask 20 for a slow roll call because I think that would 21 be the best way to find out what the vote 22 actually is. 23 THE PRESIDENT: Is there any 24 objection to a slow roll call? 25 SENATOR SKELOS: Yes, there is. 5169 1 There's an objection to the slow roll call. A 2 detailed statement was asked for. The vote was 3 taken. If we could read the detailed 4 statement. 5 SENATOR PATERSON: Madam 6 President. 7 THE PRESIDENT: Senator Paterson. 8 SENATOR PATERSON: That's the 9 reason I'm calling for a slow roll call. We 10 read the detailed statement. It wasn't 11 consistent with the original vote and, 12 therefore - 13 SENATOR SKELOS: Please read the 14 detailed statement. 15 THE PRESIDENT: Just a moment, 16 Senator. 17 Senator Paterson, I would like to 18 explain that the reason that Senator 19 Marcellino's vote was not originally counted is 20 that he was in the Chair replacing me for a 21 moment and his vote went unnoticed. So the 22 detailed statement is now showing 29 votes in 23 the negative. 24 SENATOR PATERSON: Madam 25 President, we have a right to a slow roll call 5170 1 vote. The President is in the Chair -- when 2 you're not in the Chair, Madam President, the 3 President in the Chair votes on every roll call 4 we have and I'm not saying that it's anyone's 5 fault that that happened. We're just saying we 6 don't think the votes exist to pass this bill 7 and, as a matter of fact, if we have a slow roll 8 call, I guarantee you this bill won't pass 9 because the votes aren't there. I just counted 10 them. 11 THE PRESIDENT: Just a moment, 12 please. Just one moment, Senator Paterson. I'm 13 going to consult the rules. 14 SENATOR SKELOS: Would you please 15 complete the detailed statement. 16 THE PRESIDENT: Order. Just a 17 moment. 18 Continue the detailed statement 19 and then we'll see if we need a slow roll call. 20 Senator Paterson, I have not said 21 we can't have a slow roll call, but I would like 22 to finish the detailed statement first. 23 Go ahead. 24 SENATOR PATERSON: Madam 25 President, the detailed statement will show that 5171 1 there were votes listed in the affirmative that 2 we already know these votes are in the 3 negative. So we don't have to read the detailed 4 statement. 5 What we want to know is how every 6 member of this chamber would like to vote. 7 That's why we're having the vote on this 8 particular vote -- on this particular bill and 9 that's why I'm calling for a slow roll call. 10 SENATOR SKELOS: Madam President, 11 it's very nice for Senator Paterson to be 12 calling for a slow roll call but we do have 13 certain procedures. 14 Senator Leichter asked for a 15 detailed statement. If Senator Paterson would 16 extend the courtesy to Senator Leichter, we'll 17 complete the detailed statement. If not, we 18 will have the results. We are on a roll call. 19 SENATOR LEICHTER: Madam 20 President. 21 THE PRESIDENT: Senator Leichter. 22 SENATOR LEICHTER: To make it 23 simpler, I withdraw the call for a detailed 24 statement. 25 SENATOR SKELOS: Please announce 5172 1 the results then. 2 THE PRESIDENT: No. We're not 3 going to do that. Senator Paterson has said 4 he's entitled to a slow roll call. 5 Senator Paterson, if you'll be 6 patient just a moment, I'll have an answer for 7 you. 8 According to Rule 9.1, "A Senator 9 must be in his regular seat in order to be 10 recorded." In light of the failure to do that, 11 I'm calling a slow roll call on this vote. 12 Call the roll, please. Would 13 every Senator who wishes to vote be in his 14 regular seat. 15 SENATOR SKELOS: Madam President, 16 I would like to appeal the ruling of the Chair. 17 A detailed statement was read. The roll call 18 was taken. The results are being announced. If 19 you feel there should be a slow roll call taken, 20 then we will appeal the ruling of the Chair. 21 THE PRESIDENT: Is there any 22 reason, Senator Skelos, why you don't want an 23 accurate vote -- accurate count on this vote? 24 SENATOR SKELOS: We had an 25 accurate - 5173 1 SENATOR LACK: Point of order. 2 Thank you. 3 I believe there is an appeal on 4 the floor, Madam President, not a discussion. 5 THE PRESIDENT: There is an 6 appeal on the floor. 7 Senator Paterson, would you like 8 to speak on this matter? 9 SENATOR PATERSON: Mr. President 10 -- Madam President, I'm sorry. I was just 11 shocked over the unfortunate display of emotion 12 and we've asked for a -- we've asked for a slow 13 roll call on this particular bill. We had a 14 right to a slow roll call. There's always a 15 right to reconsideration of the vote. We do 16 that every day here. There was some confusion 17 about what the results of the slow roll call 18 were. Senator Leichter asked for a detailed 19 statement before I - 20 THE PRESIDENT: Just a moment. 21 Senator Paterson will finish speaking, Senator 22 Skelos. 23 SENATOR SKELOS: Point of order. 24 SENATOR PATERSON: Madam 25 President, a point of personal privilege. I 5174 1 have the floor right now. 2 THE PRESIDENT: Senator Skelos. 3 SENATOR SKELOS: I believe, 4 Senator Paterson, that an appeal of the 5 ruling - 6 THE PRESIDENT: Senator Paterson 7 has the floor, Senator Skelos. Would you please 8 wait a moment. We all have a turn to speak. 9 Go ahead, Senator Paterson. 10 SENATOR PATERSON: Madam 11 President, I have the floor right now. I was 12 the one that asked for a slow roll call. The 13 issue of the detailed statement was withdrawn by 14 Senator Leichter. He said he didn't want to 15 hear the rest of the detailed statement. 16 I have asked for a slow roll 17 call. There are five Senators standing. We 18 didn't even reconsider this vote. We're still 19 on the first vote and I must suggest strongly at 20 this point, Madam President, that we go to the 21 slow roll call and then we'll find out what the 22 actual feeling of this body is and that will 23 also give us the answer for why we have so much 24 discomfort in the chamber right now. 25 THE PRESIDENT: Thank you, 5175 1 Senator Paterson. 2 SENATOR SKELOS: Madam President, 3 I believe there's an appeal. 4 THE PRESIDENT: Can we have order 5 for one moment. 6 SENATOR MAZIARZ: Madam 7 President. 8 THE PRESIDENT: One moment, 9 Senator Maziarz, and I will recognize you. 10 I'm sorry, Senator Waldon. I 11 didn't see you. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Madam 14 President, could I request that the bill be laid 15 aside for the day. 16 THE PRESIDENT: Yes, you can, 17 Senator Maziarz. Thank you. 18 SENATOR MAZIARZ: Thank you. 19 THE PRESIDENT: Withdraw the roll 20 call, please, and lay the bill aside. 21 THE SECRETARY: Calendar Number 22 1050, by Senator Marchi, Senate Print 4085, an 23 act to repeal Section 630 of the Business 24 Corporation Law. 25 SENATOR STACHOWSKI: Explanation. 5176 1 THE PRESIDENT: Read the last 2 section -- oh, explanation. 3 SENATOR MARCHI: Star the bill. 4 THE PRESIDENT: Star the bill at 5 the request of the sponsor. 6 THE SECRETARY: Calendar Number 7 1051, by Senator Padavan, Senate Print 2206, an 8 act to amend the Education Law, in relation to 9 the exclusion of illegal aliens from attending 10 public post-secondary education institutions. 11 SENATOR GOLD: Explanation. 12 THE PRESIDENT: Senator Padavan. 13 SENATOR PADAVAN: Thank you, 14 Madam President. 15 The members will recall 16 discussion of this bill last year. It precludes 17 the enrollment in City and State University of 18 illegal aliens. 19 During the discussion of the bill 20 in the prior session, one of our members asked 21 whether or not we had any specific information 22 relative to the numbers of illegal immigrants 23 who attend State and City University. 24 I gave a response to that 25 question by citing a general statement and 5177 1 report that had been rendered by a member of the 2 City University administration. At our request 3 and by their own direction, the Board of 4 Trustees of City University since then have done 5 a detailed study of each of the 21 four-year 6 colleges and community colleges within City 7 University and have provided us with a detailed 8 report, school by school, of the numbers of 9 illegal immigrants that attend those educational 10 institutions. The aggregate number is 4003 and 11 if anyone wishes to know, I will be glad to 12 provide specific numbers in each of the schools 13 in question. 14 So now we have before us specific 15 documented information as to the simple fact 16 that within the City University, we have this 17 number of illegal immigrants paying resident 18 tuition being subsidized at approximately $7,000 19 per year per pupil. The survey also indicated 20 that the average length of time such students 21 attend those universities is five years and so 22 we have a subsidy of $35,000 per illegal 23 immigrant over that period of time. 24 I believe this is wrong. I think 25 it is an affront to students who attend those 5178 1 schools, both citizens and non-citizens from all 2 over the world but do so legally. 3 That is the essence of the bill. 4 THE PRESIDENT: Senator Paterson. 5 SENATOR PATERSON: Mr. President, 6 if Senator Padavan would yield for a question. 7 SENATOR PADAVAN: Yes. 8 THE PRESIDENT: Senator Padavan. 9 SENATOR PATERSON: Senator, what 10 is it -- just a point of clarification -- that 11 you feel that we are aware of now that we 12 weren't aware of last year when you and I 13 discussed the bill? 14 SENATOR PADAVAN: I thought that 15 I just said that, Senator. Rather than repeat 16 everything I just said - 17 SENATOR PATERSON: No, I was 18 going to ask you - 19 SENATOR PADAVAN: I told the body 20 that last year we did not have the benefit of a 21 school by school survey done by the Board of 22 Trustees at City University. We have that 23 information now which I think I just shared with 24 everybody. That's the difference. 25 SENATOR PATERSON: Was that for 5179 1 you, Senator? 2 SENATOR PADAVAN: I'm not sure, 3 Senator. Perhaps it's somebody giving us a 4 message. It came from on high but beyond that, 5 I can't comment. 6 SENATOR PATERSON: Senator, let 7 me be more specific. What I'm interested in 8 asking is what were your estimates? In other 9 words, you wrote the bill before the study last 10 year. So what I'm asking you is what was your 11 information last year? How much money did you 12 think it cost the state? 13 SENATOR PADAVAN: In a report 14 that we published on the overall issue of 15 immigration two years ago, '95, where we dealt 16 with the cost of education, both elementary and 17 secondary, we indicated the cost was in excess 18 of 28 million. That's now verifiable. It's 19 even more, actually. 20 THE PRESIDENT: Senator Paterson. 21 SENATOR PATERSON: Now, moving to 22 a different area, Senator Padavan, if you'll 23 continue to yield. 24 SENATOR PADAVAN: Sure. 25 SENATOR PATERSON: The primary 5180 1 use of our higher educational institutions is 2 pedagogic. We're actually trying to promote 3 learning and teaching. The issue of immigration 4 is more of a federal responsibility. Are you 5 saying that this is our last best chance to 6 catch up to these individuals? In other words, 7 if this is the -- an issue -- and I guess your 8 study bears out that it is one -- but the fact 9 still remains is that we have agencies that are 10 prescribed to actually meet these situations 11 where we have people coming into the country who 12 are illegal and my question to you is, how much 13 can you assess the ben... how much can you 14 assess the benefit of what this would accomplish 15 if at the same time we're turning our higher 16 educational institutions into more policing 17 agencies? In other words, you've told us how 18 much we save but you haven't told us how much we 19 would lose. 20 SENATOR PADAVAN: Senator, I 21 don't believe we lose a thing. Let me just 22 clarify that answer. I have in front of me the 23 application for City University and it's almost 24 identical to the application for State 25 University and there's an entire section that 5181 1 deals with non-U.S. citizen. It begins "Where 2 is your country of birth, country of 3 citizenship? Are you a permanent resident? If 4 you're not, have you applied for permanent 5 resident status? If you're a permanent 6 resident, indicate your visa type" and as you 7 know, there are 13 different categories, "your 8 visa expiration date and the number of years you 9 have been in the United States." This 10 information is currently required -- sounds 11 good, Senator. This information is currently 12 required. 13 What we are asking and directing, 14 if this proposal were to become law, is that it 15 be enforced, namely that non-legal immigrants 16 who do not fall in these categories not be 17 permitted to attend our higher -- our schools of 18 higher learning. 19 Now, Senator, it's very ironic 20 that if someone comes from New Jersey across the 21 Brook... the George Washington Bridge and 22 attends City College, they pay a non-resident 23 tuition which is, I think $6800 but if they come 24 from one of the 15 countries, by the way, that 25 this survey I mentioned earlier identified, they 5182 1 pay a resident tuition. Doesn't that strike you 2 as being somewhat bizarre? 3 So, Senator, to answer your 4 question directly, we lose nothing by seeing 5 that what is already a part of the application 6 is appropriately enforced and we gain some $35 7 million per illegal immigrant, money that, in my 8 view, and I'm sure you would agree, is very much 9 needed by City University as we deal with budget 10 problems which continue to this point in time. 11 THE PRESIDENT: Senator Paterson. 12 SENATOR PATERSON: Madam 13 President, thank you very much. 14 If Senator Padavan would continue 15 to yield. 16 THE PRESIDENT: Senator Padavan. 17 SENATOR PADAVAN: Yes, Senator, I 18 would yield. 19 SENATOR PATERSON: Senator, the 20 savings that you project and what was at the - 21 was that your first perusal of the subject an 22 estimate and what was verified by your research 23 is something that I am not - 24 SENATOR PADAVAN: Let me correct 25 you, Senator. It was not my research. It was a 5183 1 survey done by the Board of Trustees of City 2 University where their college presidents in all 3 of the senior colleges and community colleges 4 identified specifically the numbers of illegal 5 immigrants attending their schools. It's not my 6 survey. It was City University's survey. 7 SENATOR PATERSON: Thank you, 8 Senator, for the clarification, but that's 9 exactly my point. When they were doing this 10 survey, I wonder what they would have been doing 11 if they weren't conducting this survey. 12 In other words, my whole point 13 about this whole situation is that we're talking 14 about thousands, tens of thousands of taxpayer 15 dollars that went to do a research survey about 16 immigration when we have a federal agency whose 17 job it is to do that kind of research and you 18 just told us a moment ago that it cost us 19 nothing and now you've just documented that it 20 did cost us something. 21 SENATOR PADAVAN: Senator, then I 22 misunderstood your earlier question. I don't 23 know what this survey costs, actually. I'll 24 take your word for it. Let's say it cost 25 $10,000. The fact remain, I think we have an 5184 1 obligation to the people of this state and the 2 taxpayers and those who attend City University 3 and those who run the University to ensure that 4 those attending the University are doing so 5 legally. I believe that's our obligation, and I 6 think that obligation should be exercised and 7 it's not being and so by this law, if it were to 8 become so, we would be doing what I believe is 9 not only right and proper and appropriate but 10 certainly morally defensible. 11 SENATOR PATERSON: Madam 12 President. 13 THE PRESIDENT: Senator Paterson. 14 SENATOR PATERSON: I am not in 15 disagreement with anything that Senator Padavan 16 said. If this is costing us the rate of 17 revenues that he describes and it was borne out 18 by a study, then I wholeheartedly agree. This 19 is not an attempt to in any way excuse or in any 20 way encourage any illegal residents from making 21 use of facilities or taking benefits away from 22 legal residents or permanent citizens in this 23 country, but the point that I am making is that 24 for the officials at our institutions of higher 25 learning, to be engaging in this kind of 5185 1 research -- if Senator Padavan would yield for a 2 question. 3 SENATOR PADAVAN: Yes. 4 SENATOR PATERSON: Senator 5 Padavan, between the community college, per se, 6 or the United States Immigration and 7 Naturalization Service, who do you presume to be 8 the better authority on assessing whether or not 9 a person is a legal resident or a citizen? 10 SENATOR PADAVAN: Well, that's an 11 easy question to answer, Senator. The 12 application that I referred to earlier -- by the 13 way, I, having filled out these applications for 14 my youngsters, they are very similar to that in 15 the private colleges and universities as well. 16 The same questions are asked. 17 Since this application doesn't go 18 to INS, it goes to City University, they are in 19 a better position to read it and to act upon it 20 and if the appropriate information is not 21 provided, to reject that student as not being 22 legally admissible, not INS. They don't get 23 this document. It's not sent to INS. It's in 24 the admissions office of every college and 25 community college and city university. 5186 1 THE PRESIDENT: Senator Paterson. 2 SENATOR PATERSON: Madam 3 President, on the bill. 4 Senator Padavan, I feel, while 5 having a good issue and identifying an area of 6 great loss to our society in resources, has 7 given the criteria in his argument for what, in 8 my feeling and hopefully the feeling of this 9 membership, makes my case. 10 The ability to determine whether 11 or not individuals are being truthful on their 12 applications, the whole issue of identifying who 13 is or is not a citizen should not be done by 14 people who are not trained in the field, don't 15 necessarily know the subject, certainly are 16 availed to the common stereotypes and prejudices 17 that all individuals have and, in many respects, 18 may in an attempt to follow the edict of this 19 law, actually put a number of citizens who 20 happen to speak a different language, have the 21 accent of the fact that they speak a second 22 language, have the appearance that is similar to 23 that of those who were not necessarily born on 24 the soil in this country and, in many ways, may 25 presume that there is a situation where there is 5187 1 not one. 2 There's no funding in this 3 legislation to provide the training that people 4 in these institutions would require in order to 5 become more adept in requiring this process and 6 in my opinion what it really is going to do is 7 going to make it very difficult for a lot of 8 Americans whose taxpayer dollars are lost just 9 as much as anyone else's tax dollars on the 10 fraudulent conduct of the illegal immigrant but 11 at the same time will suffer really the 12 prejudice of being associated with him and until 13 it's more specific and until it perhaps 14 underlines a way that the federal government and 15 the Immigration Naturalization Service might be 16 able to come on the campuses and conduct their 17 own study or do whatever is within their purview 18 to enforce the law without interfering with the 19 higher educational institutions, I can't support 20 this legislation. It is something that you 21 would probably have to go through yourself and 22 which I haven't personally gone through but it's 23 been described to me by people who have, the 24 feeling of being a citizen in a country and 25 being treated like for some reason you are 5188 1 falsifying information only because you are 2 seeking education in an institution in this 3 country. 4 I recommend that -- a no vote. I 5 understand what Senator Padavan is trying to 6 accomplish. There's no need to restate it any 7 further. I agree with it completely but the 8 process by which we're going about accomplishing 9 it, in my opinion, is not fulfilled by the 10 author of this legislation. 11 THE PRESIDENT: Thank you, 12 Senator Padavan. 13 Senator Waldon was next. 14 SENATOR WALDON: Thank you very 15 much, Madam President. 16 Would the gentleman yield to a 17 question or two, Senator Padavan? 18 SENATOR PADAVAN: Yes. 19 SENATOR WALDON: Senator Padavan, 20 reading on page 2 of the bill, starting with 21 line 10, number 3 says "No later than 45 days 22 after the admissions officer of a public 23 post-secondary educational institution becomes 24 aware of the application, enrollment or 25 attendance of a person determined to be or whose 5189 1 under reasonable suspicion of being in the 2 United States in violation of federal 3 immigration laws, that officer shall provide 4 such information to the commissioner, the 5 attorney general and the United States 6 Immigration and Naturalization Service. Such 7 information shall also be provided to the 8 applicant, enrollee or person admitted." 9 Question -- part one of the 10 question, how is this notification made? Is it 11 on a form or is there a phone call and if the 12 officer of the school fails to make such 13 notification, is he or she under some 14 possibility of penalty? 15 SENATOR PADAVAN: Senator, the 16 method of communication can be anything they 17 wish. We don't proscribe it. If they wish to 18 use a form, if they wish to use a phone call, 19 we're not, frankly, concerned about that, nor do 20 we specify that. 21 Secondly, is there any penalty? 22 No, there's no penalty in the bill for that. 23 SENATOR WALDON: Would the 24 gentleman continue to yield, Madam President? 25 THE PRESIDENT: Senator Padavan, 5190 1 do you continue to yield? 2 SENATOR PADAVAN: Yes. 3 THE PRESIDENT: Senator Waldon. 4 SENATOR WALDON: Senator, for my 5 personal edification, in your preparation for 6 pulling this together and submitting it to 7 our - 8 SENATOR PADAVAN: Could you speak 9 a little louder, Senator? I'm having trouble 10 hearing you. 11 SENATOR WALDON: I apologize for 12 that. It's up, Madam President. You know, 13 sometimes long days dealing with difficult 14 issues like rent control, you get tired. 15 Senator, in your preparation to 16 present this for our consideration, was any 17 information uncovered which showed to you and 18 then you can show to us how many people in the 19 position of these immigrants attending our 20 schools eventually become citizens and of those 21 who become citizens, how many actually pay what 22 I am told is a normal tax revenue generation by 23 such people who work after a college education 24 of $500,000 over the course - 25 SENATOR PADAVAN: To answer your 5191 1 question, no. 2 SENATOR WALDON: Thank you very 3 much, Senator Padavan. 4 Madam President, on the bill. I 5 disagree with Senator Padavan for this proposal 6 and I disagree with Senator Paterson who says 7 that he understands what he's trying to do. 8 I don't understand what he's 9 trying to do and most regrettably, I wish I did, 10 but what I think is most important about this 11 great country, America, home of the free, land 12 of the brave, that everybody ought to be given a 13 chance to come here and to become a productive 14 citizen, and I would submit that most of the 15 people who attend our universities, once exposed 16 to our educational system, will eventually 17 become citizens. That's my belief, but even if 18 not, they will become better taxpayers because 19 they have a higher education and will earn more. 20 I think it's being penny-wise and 21 pound-foolish to be exclusive in any way but to 22 exclude those who are seeking the potential to 23 better their condition, to have better jobs, to 24 raise better children, to be more a part of this 25 fabric of America some people call the feltwork, 5192 1 patchwork, whatever you want to call it, the 2 rainbow, whatever you want to call it, but I 3 believe if they are given the opportunity, they 4 will be just like the sons and daughters who sit 5 in this chamber, some generations removed, of 6 immigrants who came here and made their mark by 7 working hard, working jobs that were very 8 difficult, very laborious, very demanding to 9 ensure that their children had a right to be all 10 that they can be. 11 I think we ought to give these 12 people a chance. The history of America is that 13 we have always given people a chance, and I 14 don't see why we have to start excluding them in 15 1997. 16 Thank you very much, Madam 17 President. 18 THE PRESIDENT: Thank you, 19 Senator Waldon. 20 SENATOR SKELOS: Madam President. 21 THE PRESIDENT: Senator Skelos. 22 SENATOR SKELOS: There will be an 23 immediate meeting of the Rules Committee in Room 24 328, that's the small conference room, not the 25 normal conference room. 5193 1 THE PRESIDENT: There will be an 2 immediate meeting of the Rules Committee in Room 3 328. 4 SENATOR LEICHTER: Madam - 5 Senator - 6 THE PRESIDENT: Senator 7 Stachowski. 8 SENATOR STAVISKY: Senator 9 Stavisky. 10 THE PRESIDENT: I mean Stavisky. 11 Sorry. 12 SENATOR STAVISKY: We always get 13 our correspondence mixed up. 14 THE PRESIDENT: Well, I have 15 three people standing, but I have recognized 16 Senator Stavisky. 17 SENATOR LEICHTER: Madam 18 President, on a point of order. Since there's a 19 meeting of the Rules Committee and some of us 20 wish to be recorded on this - 21 THE PRESIDENT: Yes. 22 SENATOR LEICHTER: -- bill, would 23 you be so kind as -- with the consent of the 24 Acting Majority Leader, read the last section so 25 those of us going to the Rules Committee could 5194 1 be recorded on the bill, please. 2 THE PRESIDENT: Mr. Secretary, 3 will you read the last section, please. 4 Senator Holland. 5 SENATOR HOLLAND: No objection. 6 THE PRESIDENT: Thank you. 7 THE SECRETARY: This act shall 8 take effect in 180 days. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: Senator Leichter. 12 SENATOR LEICHTER: Yes. Would 13 you please record me in the negative. 14 THE PRESIDENT: Senator Santiago. 15 SENATOR SANTIAGO: I would like 16 to be recorded in the negative. 17 THE PRESIDENT: Thank you. 18 Anyone else at this time? 19 Okay. Senator Stavisky, are you 20 standing to speak or to be recorded in the 21 negative? 22 SENATOR HOLLAND: Committee 23 members. 24 THE PRESIDENT: Senator Mendez. 25 SENATOR MENDEZ: Madam President, 5195 1 I would like to be recorded in the negative. 2 However, I have a couple of questions that I 3 want to ask Senator Padavan before I go to the 4 Rules Committee meeting. 5 THE PRESIDENT: Yes, she has 6 Rules. Just a moment, please. 7 SENATOR HOLLAND: Are they all 8 Rules Committee members? That's what we were 9 talking about. 10 THE PRESIDENT: Yes. 11 SENATOR HOLLAND: They are all 12 Rules Committee members. 13 THE PRESIDENT: Senator Mendez is 14 a Rules Committee member. 15 Senator Stavisky, are you also a 16 Rules Committee member? 17 SENATOR STAVISKY: No, I am not 18 asking to be recorded. I am asking to speak. 19 THE PRESIDENT: I will recognize 20 you in just a moment. 21 SENATOR MENDEZ: I believe that I 22 went - 23 THE PRESIDENT: Are you going to 24 record in the negative first so I can withdraw 25 the roll, please? 5196 1 SENATOR MENDEZ: I want to ask 2 two questions to Senator Padavan prior to going. 3 SENATOR PADAVAN: Madam 4 President. 5 THE PRESIDENT: Senator Padavan. 6 SENATOR PADAVAN: You had a 7 request made earlier. The last section was read 8 and a roll call. So I can't answer a question 9 now, Senator. There's a roll call. You have to 10 either vote after the roll call. 11 THE PRESIDENT: After the roll 12 call you can ask your questions. 13 SENATOR MENDEZ: After? 14 THE PRESIDENT: Would you care to 15 record your vote in the negative? 16 SENATOR MENDEZ: Yes. 17 THE PRESIDENT: Yes. Withdraw 18 the roll call, please. 19 Senator Paterson. 20 SENATOR PATERSON: Madam 21 President, I'm really glad I came in today 22 because we're going to have chaos in this 23 chamber and the problem is that we're calling 24 these committee meetings off the floor and in 25 many respects they're interfering with the roll 5197 1 call. 2 Now, Senator Mendez, I think is 3 right. If you stop to think about it, why would 4 she ask questions after she voted and what 5 should happen is we should withdraw the roll 6 call, let Senator Mendez ask her questions. 7 When she's finished, we invoke the roll call to 8 let her vote and she can go to the Rules 9 Committee. 10 THE PRESIDENT: We could do 11 that. We just can't have the debate during the 12 roll call. 13 What is your preference, Senator 14 Mendez? Do you want to be recorded in the 15 negative before or afterwards? 16 SENATOR MENDEZ: I want to be 17 recorded in the negative but it is equally 18 important to me to ask Senator Padavan a couple 19 of questions. 20 THE PRESIDENT: That's fine. 21 We're going to close the roll call. Withdraw it 22 and now, Senator Mendez -- Senator Stavisky, 23 would you please let Mrs. - 24 SENATOR STAVISKY: I would 25 waive - 5198 1 THE PRESIDENT: Thank you. 2 SENATOR STAVISKY: -- with the 3 proviso that I would be recognized immediately. 4 THE PRESIDENT: You will be. 5 Senator Mendez. 6 SENATOR MENDEZ: Thank you, Madam 7 President. 8 Thank you, Senator Stavisky. 9 I wonder, Madam President, if 10 Senator Padavan would yield for just a couple of 11 questions. 12 THE PRESIDENT: Senator Padavan. 13 SENATOR PADAVAN: Yes, Senator. 14 SENATOR MENDEZ: Senator Padavan, 15 are you aware that the United States Supreme 16 Court unequivocally placed the power to regulate 17 immigration into the hands of the federal 18 government? 19 SENATOR PADAVAN: Fundamentally, 20 you're correct. However, in the recent 21 Immigration Reform Act that was adopted, there's 22 many, many provisions that require states to 23 cooperate in a variety of ways. However, 24 fundamentally, immigration is a federal matter, 25 yes. 5199 1 SENATOR MENDEZ: Are you aware 2 then, in New York State, if we all vote for your 3 bill, wouldn't you say that this bill of yours 4 will end up being unconstituional because - 5 SENATOR PADAVAN: Oh, no, no. 6 Senator, quite to the contrary. 7 SENATOR MENDEZ: Why not? 8 SENATOR PADAVAN: I don't know if 9 you were in the chamber earlier when I shared 10 with the members the City University and State 11 University application form which deals 12 specifically and always has, as far as I can 13 remember, with the issue of citizenship or 14 non-citizenship and legal resident. That's 15 always been the case. 16 So what we're saying here very 17 directly is if someone does not meet what is 18 already a requirement, that that person should 19 be denied admission. 20 So, therefore, it is not 21 unconstituional. It is very much 22 constitutional. We have -- we certainly have a 23 right to ensure that people who either are 24 attending City University, receiving public 25 assistance, a variety of programs that are 5200 1 either directly subsidized or partially 2 subsidized by the state are provided to people 3 who are legal residents. That is well within 4 our constitutional authority. 5 SENATOR MENDEZ: In this 6 instance - 7 THE PRESIDENT: Senator Mendez. 8 SENATOR MENDEZ: Thank you, Madam 9 President. 10 In this instance, the main point 11 that I want to make is that a bill such as this 12 would -- could be declared unconstituional 13 because -- because the State University employee 14 personnel shouldn't be in charge of finding out 15 who is illegal and who is not illegal. That 16 function of finding out who is in the country, 17 whether illegal or not, that is a federal 18 function and, therefore, by us passing bills 19 like this, we are in a sense interfering with 20 federal government and we shouldn't. Really, 21 Senator Padavan, you are a great Senator but 22 you're behaving in this instance - 23 SENATOR PADAVAN: I said I would 24 yield to a question. What is it? 25 SENATOR MENDEZ: Yes. I finished 5201 1 the question. I'm making a statement. I don't 2 know why this bill -- your insistence and 3 persistence in going after the illegal aliens 4 reminds me of that famous character in Les 5 Miserables. Remember the police officer that 6 kept persistently after Jean Valjean, Madam 7 President, he is doing exactly the same thing as 8 that character in that novel. 9 I vote no. 10 THE PRESIDENT: Thank you, 11 Senator Mendez. 12 Senator Stavisky, thank you for 13 your waiting. 14 SENATOR STAVISKY: Madam 15 President, I will ask no questions of the 16 sponsor. I will speak on the bill and prefer to 17 do it that way. 18 Why does NYSUT, New York State 19 United Teachers oppose this legislation and 20 those of us who have had a close relationship 21 with NYSUT should read their memo in opposition 22 when they say this bill would turn admissions 23 officers into, in essence, immigration officers 24 by requiring them to investigate all students 25 enrolled in the University to determine whether 5202 1 or not they are illegal immigrants. 2 This is not the role of the 3 admissions officers nor is it the role of the 4 institution of higher education. It is the role 5 of the admissions officer to determine whether 6 the applicant will be able to successfully 7 complete the educational requirements that would 8 lead to obtaining a degree. If the applicant 9 fulfills this criteria, then he or she should 10 not be denied access, and I conclude by saying 11 New York State United Teachers strongly, 12 strongly urges the defeat of this bill. 13 What Senator Mendez was referring 14 to a few moments ago was the 1982 Supreme Court 15 decision which struck down a Texas law that 16 barred the children of illegal immigrants of 17 attending public school. They ruled that all 18 children residing in the U.S. are entitled to 19 public education and that denying such children 20 an education would irreparably harm them. 21 SENATOR PADAVAN: Madam 22 President, will the Senator yield? 23 SENATOR STAVISKY: Not at this 24 point. Congress, in its desire to tighten up on 25 immigration, did not bar even illegal immigrants 5203 1 from applying to or enrolling or attending a 2 publicly supported institution of higher 3 education, and I think that that is the 4 important issue. 5 Even in the desire to cut down on 6 illegal immigration, Congress did not go so far 7 as Senator Padavan is seeking to do with regard 8 to this legislation. 9 I think that there is a confusion 10 of roles. If he dislikes immigrants, he should 11 say so. If he wants them to be kept in a 12 cubbyhole or in confinement, he should make that 13 point but do not deny them the opportunity to 14 improve their lot, to become better paying 15 taxpayers and to make a contribution, a real 16 contribution to the state and to the nation, and 17 that is the basis on which this issue should be 18 addressed. It is not a question of who's on 19 first, what's on second and I don't know who's 20 on third but that reminds me of Senator 21 Padavan's bill. Who's on first? What's on 22 second, and I don't know who's on third. 23 This is not an Abbott and 24 Costello routine. This is the opportunity to 25 provide the one avenue of upward mobility to 5204 1 people who are in need of education. 2 I don't know why Senator Padavan 3 -- and I forgive him for my use of the word, 4 Senator Padavan. I do not know why he has this 5 fetish to restrict immigrants in this manner, 6 why he would erode the whole purpose of the law, 7 why he would make the admissions application - 8 which may itself be unconstituional -- why he 9 would make the admissions application an 10 opportunity to deny educational opportunities 11 for people. 12 I do not believe we are right in 13 restricting the role of the admissions officer 14 to that of a super-duper detective and to force 15 that admissions officer to take positions that 16 are not in keeping with the requirement. The 17 admissions officer has enough to do in 18 determining whether or not the individual is 19 qualified, is ready for an education. We know 20 the difficulty in coming from another part of 21 the world. It is no fun to come to a place 22 where you do not know the language. 23 I would ask anyone, including the 24 sponsor of this bill, how far he would get if he 25 was suddenly transported to a country where 5205 1 English is not the primary language. Would he 2 pass a second grade reading test? Maybe not. 3 Maybe he would be able to fake it or proceed on 4 the basis of trying to cope, but that is not 5 what the State University, the City University 6 should be doing. It is not the function of any 7 university to preempt the role of the federal 8 government in the question of immigration. 9 Having said that, I will now 10 yield to whatever question the sponsor has. 11 THE PRESIDENT: Thank you. 12 Senator Padavan. 13 SENATOR PADAVAN: You indicated 14 the constitutional mandate relevant to a primary 15 and secondary education must be afforded 16 irrespective of any immigration status. Did I 17 hear you correctly? 18 SENATOR STAVISKY: I said that 19 was the Texas case. 20 SENATOR PADAVAN: Yes. Any 21 Supreme Court decision, any congressional law, 22 anything that relates to secondary education - 23 higher education -- not secondary -- higher 24 education? 25 SENATOR STAVISKY: Senator 5206 1 Padavan, if Congress wanted to restrict this 2 access, they would have done so, through federal 3 legislation. 4 SENATOR PADAVAN: That's not the 5 question. You cited a specific federal mandate 6 given by the Supreme Court of the United States 7 where they more accurately mandated that 8 education should be provided in the elementary 9 and secondary schools irrespective of 10 immigration status. 11 Now, my question to you is, did 12 the court or the Congress make a similar mandate 13 for higher education? The answer can either be 14 yes or no. 15 SENATOR STAVISKY: The answer is 16 no. 17 SENATOR PADAVAN: Thank you, 18 Senator. 19 SENATOR STAVISKY: Because no way 20 would anyone be silly enough to presume that a 21 bill like this would be presented in the New 22 York State Legislature. This is not the place 23 for us to play Robocop with immigration which is 24 truly a federal responsibility, and there is 25 nothing in the court, nothing in the 5207 1 Constitution to say that we, a priori, should 2 take this ill-conceived mean-spirited approach 3 to legislation affecting immigrants. 4 We have enough to do to try to 5 make the colleges better. We do not accomplish 6 that by turning off the faucet of opportunity 7 based on what the sponsor of this bill would 8 like to preoccupy the admissions officer's time 9 with, and so, for these reasons, I'm going to 10 vote no. 11 For those of you who feel that 12 NYSUT regrets your judgment on educational 13 issues, I would ask you to join in a no vote on 14 this bill. Thank you. 15 THE PRESIDENT: Does anyone else 16 wish to speak on this bill? Read the last 17 section, please. 18 THE SECRETARY: This act shall 19 take effect in 180 days. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 SENATOR STAVISKY: May I request 23 a slow roll call on this? 24 THE PRESIDENT: Slow roll call. 25 THE SECRETARY: Senator Abate. 5208 1 SENATOR ABATE: No. 2 THE SECRETARY: Senator Alesi. 3 (There was no response. ) 4 Senator Breslin. 5 SENATOR BRESLIN: No. 6 THE SECRETARY: Senator Bruno. 7 (Affirmative indication. ) 8 THE SECRETARY: Yes. 9 Senator Connor. 10 (Negative indication. ) 11 THE SECRETARY: Senator Cook. 12 SENATOR COOK: Yes. 13 THE SECRETARY: Senator 14 DeFrancisco. 15 (There was no response. ) 16 Senator Dollinger. 17 SENATOR DOLLINGER: No. 18 THE SECRETARY: Senator Farley. 19 (There was no response. ) 20 Senator Gentile. 21 SENATOR GENTILE: No. 22 THE SECRETARY: Senator Gold. 23 SENATOR GOLD: No. 24 THE SECRETARY: Senator 25 Gonzalez. 5209 1 SENATOR GONZALEZ: No. 2 THE SECRETARY: Senator Goodman. 3 SENATOR GOODMAN: Yes. 4 THE SECRETARY: Senator Hannon. 5 (There was no response. ) 6 Senator Hoffmann. 7 SENATOR HOFFMANN: Yes. 8 THE SECRETARY: Senator Holland. 9 SENATOR HOLLAND: Yes. 10 THE SECRETARY: Senator Johnson. 11 (There was no response. ) 12 Senator Kruger. 13 SENATOR KRUGER: No. 14 THE SECRETARY: Senator Kuhl. 15 SENATOR KUHL: Aye. 16 THE SECRETARY: Senator Lachman. 17 SENATOR LACHMAN: Nay. 18 THE SECRETARY: Senator Lack. 19 (There was no response. ) 20 Senator Larkin. 21 (There was no response. ) 22 Senator LaValle. 23 (There was no response. ) 24 Senator Leibell. 25 SENATOR LEIBELL: Aye. 5210 1 THE SECRETARY: Senator Leichter 2 voting in the affirmative earlier. 3 Senator Levy. 4 SENATOR LEVY: Aye. 5 THE SECRETARY: Senator Libous. 6 (There was no response. ) 7 Senator Maltese. 8 SENATOR MALTESE: Aye. 9 THE SECRETARY: Senator 10 Marcellino. 11 SENATOR MARCELLINO: Aye. 12 THE SECRETARY: Senator Marchi. 13 (There was no response. ) 14 Senator Markowitz. 15 SENATOR MARKOWITZ: No. 16 THE SECRETARY: Senator Maziarz. 17 SENATOR MAZIARZ: Yes. 18 THE SECRETARY: Senator Meier. 19 SENATOR MEIER: Yes. 20 THE SECRETARY: Senator Mendez 21 voting in the negative earlier. 22 Senator Montgomery. 23 SENATOR MONTGOMERY: No. 24 THE SECRETARY: Senator Nanula. 25 SENATOR NANULA: No. 5211 1 THE SECRETARY: Senator 2 Nozzolio. 3 (There was no response. ) 4 Senator Onorato. 5 (There was no response. ) 6 Senator Oppenheimer. 7 SENATOR OPPENHEIMER: No. 8 THE SECRETARY: Senator Padavan. 9 SENATOR PADAVAN: Aye. 10 THE SECRETARY: Senator 11 Paterson. 12 SENATOR PATERSON: No. 13 THE SECRETARY: Senator Present. 14 SENATOR PRESENT: Aye. 15 THE SECRETARY: Senator Rath. 16 SENATOR RATH: Aye. 17 THE SECRETARY: Senator Rosado. 18 SENATOR ROSADO: No. 19 THE SECRETARY: Senator Saland. 20 (There was no response. ) 21 Senator Sampson. 22 SENATOR SAMPSON: No. 23 THE SECRETARY: Senator Santiago 24 voting in the negative earlier. 25 Senator Seabrook. 5212 1 SENATOR SEABROOK: No. 2 THE SECRETARY: Senator Seward. 3 SENATOR SEWARD: Yes. 4 THE SECRETARY: Senator Skelos. 5 SENATOR SKELOS: Yes. 6 THE SECRETARY: Senator Smith. 7 SENATOR SMITH: No. 8 THE SECRETARY: Senator Spano. 9 SENATOR SPANO: Aye. 10 THE SECRETARY: Senator 11 Stachowski. 12 SENATOR STACHOWSKI: Yes. 13 THE SECRETARY: Senator 14 Stafford. 15 SENATOR STAFFORD: Aye. 16 THE SECRETARY: Senator 17 Stavisky. 18 SENATOR STAVISKY: No. 19 THE SECRETARY: Senator Trunzo. 20 SENATOR TRUNZO: Yes. 21 THE SECRETARY: Senator Tully. 22 SENATOR TULLY: AYE. 23 THE SECRETARY: Senator Velella. 24 SENATOR VELELLA: Yes. 25 THE SECRETARY: Senator Volker. 5213 1 SENATOR VOLKER: Yes. 2 THE SECRETARY: Senator Waldon. 3 (Negative indication. ) 4 THE SECRETARY: No. 5 Senator Wright. 6 SENATOR WRIGHT: AYE. 7 THE PRESIDENT: Absentees, 8 please. 9 THE SECRETARY: Senator Alesi. 10 SENATOR ALESI: Yes. 11 THE SECRETARY: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Yes. 14 THE SECRETARY: Senator Farley. 15 SENATOR FARLEY: Aye. 16 THE SECRETARY: Senator Hannon. 17 SENATOR HANNON: Yes. 18 THE SECRETARY: Senator Johnson. 19 SENATOR JOHNSON: Aye. 20 THE SECRETARY: Senator Lack. 21 SENATOR LACK: Aye. 22 THE SECRETARY: Senator Larkin. 23 SENATOR LARKIN: Aye. 24 THE SECRETARY: Senator LaValle. 25 SENATOR LAVALLE: Aye. 5214 1 THE SECRETARY: Senator Libous. 2 SENATOR LIBOUS: Aye. 3 THE SECRETARY: Senator Marchi. 4 SENATOR MARCHI: Aye. 5 THE SECRETARY: Senator 6 Nozzolio. 7 SENATOR NOZZOLIO: Aye. 8 THE SECRETARY: Senator Onorato. 9 SENATOR ONORATO: No. 10 THE SECRETARY: Senator Saland. 11 (There was no response. ) 12 THE PRESIDENT: Results, please. 13 THE SECRETARY: Ayes 37, nays 14 23. 15 THE PRESIDENT: The bill is 16 passed. 17 SENATOR HOLLAND: Mr. President. 18 THE PRESIDENT: Yes, Senator 19 Holland. 20 SENATOR HOLLAND: Could we move 21 on to Calendar Number 1200, please. 22 THE PRESIDENT: Yes. Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 1200, by Senator Padavan, Senate Print 3035, an 5215 1 act to amend the Real Property Law, in relation 2 to occupation of premises for unlawful purpose. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 61. 10 SENATOR GOLD: I believe an 11 explanation was called for by Senator Leichter. 12 THE PRESIDENT: I'm sorry. There 13 was so much noise in here. 14 SENATOR GOLD: Wasn't your fault, 15 Madam President. I know you're doing your 16 best. 17 Speak up. 18 THE PRESIDENT: An explanation 19 was requested, Mr. Secretary. 20 SENATOR GOLD: On the other hand, 21 he decided the explanation is satisfactory. 22 THE PRESIDENT: Call the roll, 23 please. 24 (The Secretary called the roll. ) 25 THE SECRETARY: Ayes 61. 5216 1 THE PRESIDENT: The bill is 2 passed. 3 Senator Levy. I'm sorry. 4 SENATOR LEVY: Yes, thank you 5 very much. There will be an immediate meeting 6 of the Committee on Transportation. 7 THE PRESIDENT: Where? 8 SENATOR LEVY: That's a pretty 9 good question. We'll have it in 332. We'll 10 have it in 332. 11 THE PRESIDENT: Senator Levy. 12 SENATOR LEVY: Yes, in 332. 13 THE PRESIDENT: In Room 332 there 14 will be an immediate meeting of the Transporta 15 tion Committee in Room 332. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1202, by Senator Maltese, Senate Print 3564, an 19 act to amend the Penal Law, in relation to 20 placing a false bomb. 21 THE PRESIDENT: An explanation is 22 requested. 23 SENATOR MALTESE: Madam 24 President. 25 THE PRESIDENT: Senator Maltese. 5217 1 SENATOR MALTESE: The purpose of 2 this bill is to create the crime of placing a 3 false bomb in the first and second degree. The 4 existing law makes the placing of the false bomb 5 a Class A misdemeanor. This bill would amend 6 that law to create the crime of placing a false 7 bomb in the second degree, a Class A 8 misdemeanor, in addition to creating the crime 9 of placing a false bomb in the first degree. A 10 person is guilty of falsely placing a bomb in 11 the first degree when he or she commits the 12 crime of placing the bomb and has been 13 previously convicted of such, or commits the 14 crime of placing a false bomb and an emergency 15 service member or similar governmental person 16 responding or at the scene or leaving the scene 17 of that site is either killed or suffers serious 18 injury. 19 This particular legislation is a 20 New York City program bill. The reason for the 21 legislation is that reporting a false bomb was 22 previously a -- not a crime. It was made a 23 crime in approximately 1990. Then the crime was 24 added to in that either responding to it or 25 leaving from the scene if someone was seriously 5218 1 hurt or killed, that was made a more serious 2 crime and at the time that was made a class E 3 felony, there was not - 4 THE PRESIDENT: Could we have a 5 little quiet so we can hear Senator Maltese. 6 SENATOR MALTESE: There was not a 7 similar statute enacted to placing a false bomb 8 so you had an inequity or an inconsistency where 9 reporting it was a misdemeanor, having a person 10 suffer serious injury or being killed was a 11 Class E felony, and if the same thing happened 12 for actually placing the bomb, that would not be 13 a Class E felony. 14 Much of this legislation arose 15 from actual situations where persons were 16 killed, in one case a person in Nassau County 17 when they -- an emergency vehicle was reaching 18 the scene of the placing -- the reporting of a 19 false bomb. 20 THE PRESIDENT: Senator 21 Paterson. 22 SENATOR PATERSON: Mr. President 23 -- Madam President, I'm sorry. If the sponsor 24 would yield for a question. 25 THE PRESIDENT: Senator Maltese, 5219 1 would you please yield for a question? 2 SENATOR MALTESE: Yes. 3 SENATOR PATERSON: Senator, are 4 you offering us in this legislation the 5 opportunity to convict someone based on the fact 6 that they have already committed the second 7 degree of this crime and then the replication of 8 that creates the first degree, or is there a way 9 that a person can be found guilty of this 10 offense -- we're speaking about Calendar Number 11 1202, and then we'll do the one -- simply 12 through one action. 13 SENATOR MALTESE: Madam 14 President, I think I lost the syntax, but the 15 answer is yes. In other words, we are adding to 16 the prior misdemeanor, Class A misdemeanor, an 17 additional class E felony if one of the 18 categories is that the person has been 19 previously convicted of the Class A misdemeanor 20 of either placing, in other words placing a 21 false bomb. 22 THE PRESIDENT: Senator 23 Paterson. 24 SENATOR PATERSON: Thank you, 25 Madam President. 5220 1 Senator Maltese, would you 2 further clarify what you referred to earlier as 3 involving the intervention of emergency 4 personnel and injuries resulting from that 5 intervention? 6 SENATOR MALTESE: I was hoping 7 you'd ask that, Senator Paterson, yes. 8 The Penal Law specifically 9 defines "emergency vehicle" as shall include any 10 vehicle operated by any employee or member of 11 any official or quasi-official agency having the 12 function of dealing with emergencies involving 13 danger to life or property and shall include but 14 not necessarily be limited to an emergency 15 vehicle which is operated by a volunteer 16 firefighter with a fire department, fire company 17 or any unit thereof as defined in the Volunteer 18 Firefighters Benefit Law, or by a voluntary 19 ambulance worker with a volunteer ambulance 20 corporation or any unit thereof as defined in 21 the Volunteer Ambulance Workers Benefit Law. 22 SENATOR PATERSON: Thank you. If 23 the sponsor would yield for one last question. 24 THE PRESIDENT: Senator Maltese, 25 would you continue to yield? 5221 1 SENATOR MALTESE: Yes. 2 THE PRESIDENT: Senator does. 3 SENATOR PATERSON: Senator 4 Maltese, are there any other questions you'd 5 like me to ask you? 6 SENATOR MALTESE: No. Thank you 7 very much, Senator Paterson. 8 SENATOR PATERSON: I'm Senator 9 Maltese's foil. Horatio was Hamlet's foil, and 10 I am his. No further questions. 11 THE PRESIDENT: Senator 12 Dollinger. 13 SENATOR DOLLINGER: Madam 14 President, I believe there's an amendments at 15 the desk. 16 THE PRESIDENT: Yes. 17 SENATOR DOLLINGER: I'd waive its 18 reading and ask that I be heard on it briefly. 19 THE PRESIDENT: Yes, yes. 20 SENATOR DOLLINGER: Madam Presi 21 dent, this amendment that I propose actually 22 encapsulates a bill that I believe I've 23 forwarded a copy of this bill to Senator 24 Maltese, because it deals with the same problem 25 as Senator Maltese's deals with. His bill 5222 1 deals, as I understand it, with leaving a false 2 bomb, creating appearances that lead to anxiety, 3 confusion, stress, in some cases panic which 4 have the exact kinds of consequences of people 5 fleeing buildings and trying to remove 6 themselves to buildings that lead to stampedes 7 and trampling, but what my bill attempts to do, 8 and the reason I offered this amendment is 9 because it deals with the other side of the 10 problem. 11 The problem is what happens when 12 someone calls in a false bomb threat? Currently 13 there's an anomaly in the law depending on where 14 you call the threat in to. If you call the 15 threat in to the federal building in Albany, 16 it's punishable as a federal offense. If you 17 call in the same bomb threat to a state building 18 it's punished as a state offense, and there's a 19 significant difference in the penalties attached 20 in both instances. 21 Under the federal law, calling in 22 a false bomb threat is punishable by up to five 23 years imprisonment. If it's state law, it's 24 only a misdemeanor punishable by up to two years 25 imprisonment. This bill -- what this amendment 5223 1 seeks to do is remove that anomaly between the 2 federal law and what the federal offense is, so 3 what this amends the bill to do is to make it a 4 felony to call in both to the federal system and 5 in the state system, to call in a false bomb 6 threat. 7 SENATOR GOLD: Senator, would the 8 Senator yield to a question? 9 THE PRESIDENT: Senator, would 10 you yield? 11 SENATOR DOLLINGER: Yes, sir. 12 SENATOR GOLD: Madam President, 13 if I understand this amendment, it makes it 14 stricter for those who violate the law. 15 SENATOR DOLLINGER: That's 16 correct, Senator Gold. What try to do by this 17 amendment is alleviate the disparity between 18 calling in a bomb threat to a federal building 19 which is a felony, and calling the same threat 20 in to a state building which is a misdemeanor. 21 Seems to me the amendment makes good sense. It 22 would establish a parity between the state and 23 the federal system, and it would send a message 24 to everybody that calling in a false bomb threat 25 is not a hoax. It's not a hoax; it's not 5224 1 something you do willy-nilly. It's a crime and 2 it's something that deserves to be severely 3 punished. 4 I offer the amendment, Madam 5 President. 6 THE PRESIDENT: The question is 7 on the amendment. All those in favor, please 8 signify by saying Aye. 9 (Response of "Aye.") 10 Those opposed nay. 11 (Response of "Nay. ") 12 THE PRESIDENT: The amendment is 13 defeated. 14 Read the last section, please. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first day of 17 November. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 61. 21 THE PRESIDENT: The bill is 22 passed. 23 The Secretary will read, please. 24 THE SECRETARY: Calendar Number 25 1190, by Senator Wright, Senate Print 1417, an 5225 1 act to amend the Workers' Compensation Law, in 2 relation to appeals of premium increases for 3 workers' compensation insurance. 4 SENATOR LEICHTER: Explanation. 5 THE PRESIDENT: Senator Wright. 6 SENATOR WRIGHT: Thank you, Madam 7 President. 8 The bill provides a new section 9 to the Workers' Compensation Law. The section 10 establishes an administrative appeals process 11 for employers who wish to challenge a change in 12 the experience rating issue under a Workers' 13 Comp. policy. 14 At the present time, there is no 15 procedure. 16 SENATOR STACHOWSKI: Madam 17 President. 18 THE PRESIDENT: Senator 19 Stachowski. 20 SENATOR STACHOWSKI: Would 21 Senator Wright yield? 22 THE PRESIDENT: Senator Wright? 23 SENATOR WRIGHT: Yes, I will. 24 SENATOR STACHOWSKI: Senator, 25 first off, why would this bill authorize -- why 5226 1 would the bill authorize the Workmen's Comp. 2 Board to determine the appeals rather than the 3 Insurance Department? The Insurance Department 4 approves rate increases and, therefore, seems 5 better prepared? Why would they pass this other 6 obligation on to the Workers' Comp. Board who 7 doesn't have any experience in this area? 8 SENATOR WRIGHT: Well, in terms 9 of the Comp. Board itself, they're involved in 10 the experience rating on the claims and the 11 claims process are inherent in the experience 12 rating establishment. 13 SENATOR STACHOWSKI: I can't hear 14 you. 15 THE PRESIDENT: Senator Wright. 16 SENATOR STACHOWSKI: Will you 17 repeat that? I'm sorry. I couldn't hear you. 18 SENATOR WRIGHT: Yes, we're 19 talking about changes in experience ratings 20 which are driven by claims which are the 21 responsibility of the Workers' Comp. Board. 22 THE PRESIDENT: Senator 23 Stachowski. 24 SENATOR STACHOWSKI: Senator 25 continue to yield? 5227 1 Currently the Insurance 2 Department would grant approval of deviations 3 from approved rates. I think they do that now. 4 SENATOR WRIGHT: Would you 5 clarify the question, please? 6 SENATOR STACHOWSKI: This 7 deviation in the approved rate that is now going 8 to be given to the Workers' Comp. Board, 9 currently when the rates are set, the state 10 Insurance Department does that currently. Why 11 are we moving that on to another area? 12 SENATOR WRIGHT: Well, we're 13 not. What we're doing is dealing with the 14 experience rating portion which is driven by 15 claims. That's the purview of the Workers' 16 Comp. Board. At the present time, when one has 17 difficulties with the change in experience 18 rating, you are not provided an explanation or a 19 detail from the Comp. Board, so we're trying to 20 put in place a mechanism that would provide that 21 explanation. 22 THE PRESIDENT: Senator 23 Stachowski. 24 SENATOR STACHOWSKI: In this 25 bill, Senator, there's -- is there any cost for 5228 1 the training of the judges and the attorneys or 2 would it be less expensive to continue to have 3 the Insurance Department hear appeals? 4 SENATOR WRIGHT: Actually, we 5 don't see any costs being incurred here. They 6 are currently completing the experience rating. 7 Based on those claims, we're simply asking for a 8 justification when it's changed, and a 9 justification. That's information that's 10 readily available to them. 11 SENATOR STACHOWSKI: Thank you. 12 Thank you. 13 SENATOR WRIGHT: Thank you. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 90th day. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 61. 21 THE PRESIDENT: The bill is 22 passed. 23 SENATOR SKELOS: Madam President, 24 if we could just stand at ease. 25 THE PRESIDENT: Yes, the Senate 5229 1 will stand at ease. 2 (Whereupon at 5:03 p.m., the 3 Senate stood at ease until 5:39 p.m.) 4 THE PRESIDENT: The Senate will 5 come to order. 6 SENATOR SKELOS: Madam President, 7 could we return to reports of standing 8 committees. I believe there's a report of the 9 Rules Committee at the desk. I ask that it be 10 read. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Senator Bruno, 14 from the Committee on Rules, offers up the 15 following bills: 16 Senate Print 140, by Senator 17 Waldon, an act to amend the Criminal Procedure 18 Law; 19 316, by Senator Skelos, an act to 20 amend the County Law and the General Municipal 21 Law; 22 1346, by Senator Larkin, an act 23 to amend the Vehicle and Traffic Law; 24 1854, by Senator Padavan, an act 25 to amend the Public Authorities Law; 5230 1 2334-A, by Senator Velella, an 2 act to amend the Penal Law; 3 2340, by Senator Kuhl, an act to 4 amend the Environmental Conservation Law; 5 2618-A, by Senator Lachman, an 6 act to amend the Public Authorities Law; 7 3658, by Senator Goodman, an act 8 to amend the Alcoholic Beverage Control Law; 9 4004, by Senator Present, an act 10 to amend the Environmental Conservation Law; 11 4435, by Senator Trunzo, an act 12 to amend the Retirement and Social Security Law; 13 4526-A, by Senator Skelos, an act 14 to amend the Real Property Tax Law; 15 4553-A, by Senator Volker, an act 16 to amend the Civil Practice Law and Rules; 17 4716-A, by Senator Libous, an act 18 to authorize the village of Johnson City; 19 4726, by Senator Trunzo, an act 20 to amend the Civil Service Law; 21 4734-A, by Senator Farley, an act 22 to amend the General Obligations Law; 23 4839, by Senator Velella, an act 24 authorizing the city of New York; 25 4858, by Senator Spano, an act to 5231 1 amend the Local Finance Law; 2 5065-A, by Senator Marcellino, an 3 act to amend the General Business Law; 4 5206, by Senator Hannon, an act 5 to amend the Facilities Development Corporation 6 Act;. 7 5253, by Senator Maziarz, an act 8 to amend the State Finance Law; 9 5259, by Senator Skelos, an act 10 to amend the Correction Law; 11 5262-A, by Senator Padavan, an 12 act to amend the New York City charter; 13 5269-A, by Senator Stafford, an 14 act authorizing the town of Schroon; 15 5270, by Senator Rosado, an act 16 authorizing the city of New York to reconvey; 17 5282, by Senator Hannon, an act 18 to amend the New York State Medical Care 19 Facilities Finance Agency Act; 20 5300, by Senator Larkin, an act 21 to amend the General Municipal Law; 22 5306, by Senator Holland, an act 23 to amend the Social Services Law; 24 5330, by Senator Goodman, an act 25 to amend Chapter 587 of the Laws of 1995; 5232 1 5331, by Senator Farley, an act 2 to Richard C. Healy to file; 3 5347, by Senator Larkin, an act 4 to amend the Navigation Law; 5 5353, by Senator Volker, an act 6 to amend the Criminal Procedure Law; 7 5359, by Senator Padavan, an act 8 to amend the Tax Law and the Administrative Code 9 of the city of New York; 10 5386, by Senator Rath, an act to 11 amend the Penal Law; 12 5398, by Senator DeFrancisco, an 13 act to amend Chapter 515 of the Laws of 1995; 14 5402, by Senator Nozzolio, an act 15 to amend the Executive Law; 16 5405, by Senator Spano, an act to 17 amend the Retirement and Social Security Law; 18 5409, by Senator Meier, an act to 19 amend the Environmental Conservation Law; 20 5417, by Senator Maziarz, an act 21 to amend the Town Law; 22 5418, by Senator Meier, an act to 23 amend the Family Court Act; 24 5266, by Senator Trunzo, an act 25 to amend the Retirement and Social Security Law; 5233 1 5271, by Senator Trunzo, an act 2 to amend the Retirement and Social Security Law; 3 5476, by Senator Trunzo, an act 4 to amend the Retirement and Social Security 5 Law. 6 All bills directly for third 7 reading. 8 SENATOR SKELOS: Mr. President, 9 is there any housekeeping at the desk? 10 THE PRESIDENT: Yes. 11 Without objection, all bills 12 moved directly to third reading. 13 SENATOR SKELOS: Is there any 14 housekeeping at the desk? 15 PRESIDENT: Yes. Senator Tully. 16 SENATOR TULLY: Yes, if we could 17 return to motions and resolutions. On behalf of 18 Senator Velella, on page 12, I offer the 19 following amendments to Calendar Number 343, 20 Senate Print 3102, and ask that said bill retain 21 its place on the Third Reading Calendar. 22 THE PRESIDENT: Amendments 23 received. 24 SENATOR TULLY: On behalf of 25 Senator Velella, on page 16, I offer the 5234 1 following amendments to Calendar Number 467, 2 Senate Print 3204, and ask that said bill retain 3 its place on the Third Reading Calendar, and 4 Madam President, on behalf of myself, on page 42 5 I offer the following amendments to Calendar 6 Number 1100, Senate Print 5005 and ask that said 7 bill retain its place on the Third Reading 8 Calendar. 9 THE PRESIDENT: Amendments 10 received. 11 The Secretary will read 12 substitutions. 13 THE SECRETARY: On page 11, 14 Senator Johnson moves to discharge from the 15 Committee on Rules Assembly Print 3221 and 16 substitute it for the identical Senate bill, 17 Third Reading 332. 18 On page 12, Senator Goodman moves 19 to discharge from the Committee on Rules 20 Assembly Print 5036-A and substitute it for the 21 identical Senate bill, Third Reading 371. 22 On page 16, Senator Volker moves 23 to discharge from the Committee on Rules 24 Assembly Print 6103 and substitute it for the 25 identical Senate bill, Third Reading 489. 5235 1 On page 20, Senator Nozzolio 2 moves to discharge from the Committee on Rules 3 Assembly Print 4808 and substitute it for the 4 identical Senate bill, Third Reading 608. 5 On page 24, Senator Liebell moves 6 to discharge from the Committee on Rules 7 Assembly Print 7640 and substitute it for the 8 identical Senate bill, Third Reading 710. 9 On page 26, Senator Velella moves 10 to discharge from the Committee on Rules 11 Assembly Print 1816-A and substitute it for the 12 identical Senate bill, Third Reading 745. 13 On page 39, Senator Maltese moves 14 to discharge from the Committee on Rules 15 Assembly Print 5974-A and substitute it for the 16 identical Senate Print 1027. 17 THE PRESIDENT: Substitutions 18 received and ordered. 19 Thank you, Senator Tully. 20 SENATOR SKELOS: Stand at ease, 21 Madam President. 22 THE PRESIDENT: The Senate will 23 stand at ease. 24 (Whereupon at 5:46 p.m., the 25 Senate stood at ease until 5:50 p.m.) 5236 1 SENATOR SKELOS: Madam President. 2 THE PRESIDENT: Senator Skelos. 3 SENATOR SKELOS: On behalf of 4 Senator Bruno, there will be an immediate 5 conference of the Majority in the Majority 6 Conference Room, and the Senate will stand in 7 recess to the call of the Majority Leader. 8 THE PRESIDENT: There will be an 9 immediate conference of the Majority in the 10 Majority Conference Room and the Senate will 11 stand at ease to the call of the Majority 12 Leader. 13 SENATOR PATERSON: Madam 14 President, could we have some clarification. We 15 have no idea when to come back here to continue 16 business. We have a bill on the calendar that 17 isn't done. 18 THE PRESIDENT: I agree. When I 19 have some information, Senator Paterson, you'll 20 have it immediately. 21 Thank you very much, Madam 22 President. 23 SENATOR PATERSON: There will be 24 an immediate meeting of the Minority in the 25 Minority Conference Room. 5237 1 (Whereupon, at 5:51 p.m., the 2 Senate stood at ease until 6:26 p.m.) 3 ACTING PRESIDENT KUHL: Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, I 6 would move that we stand adjourned until 7 tomorrow morning at 10:00 a.m. 8 ACTING PRESIDENT KUHL: Without 9 objection, the Senate stands adjourned until 10 tomorrow at 10:00 a.m. 11 (Whereupon at 6:27 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18