Thursday, June 19, 1997

5539 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 19, 1997 10 10:10 a.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 5540 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 May we bow our heads in a moment 8 of silence. 9 (A moment of silence was 10 observed.) 11 The reading of the Journal, 12 please. 13 THE SECRETARY: In Senate, 14 Wednesday, June 18. The Senate met pursuant to 15 adjournment. The Journal of Tuesday, June 17, 16 was read and approved. On motion, the Senate 17 adjourned. 18 THE PRESIDENT: Without 19 objection, the Journal stands approved as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from 5541 1 state officers. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 there will be an immediate meeting of the 5 Finance Committee in the Majority Conference 6 Room and the Senate will stand at ease. 7 THE PRESIDENT: There will be an 8 immediate meeting of the Finance Committee in 9 the Majority Conference Room and the Senate will 10 stand at ease. 11 (Whereupon, the Senate stood at 12 ease from 10:15 a.m. until 10:32 a.m.) 13 ACTING PRESIDENT KUHL: The 14 Senate will come to order. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 if we could return to reports of standing 18 committees, I believe there's a report of the 19 Finance Committee at the desk. I ask that it be 20 read at this time. 21 ACTING PRESIDENT KUHL: We will 22 return to the order of reports of standing 23 committees. There is a report of the Finance 24 Committee at the desk. 25 The Secretary will read. 5542 1 THE SECRETARY: Senator Stafford, 2 from the Committee on Finance, reports the 3 following bills: 4 Senate Print 5549, by the Senate 5 Committee on Rules, an act making appropriations 6 for the support of government; 7 5550, by the Senate Committee on 8 Rules, an act authorizing the Department of 9 Health to establish certain payments to general 10 hospitals; 11 5551, by the Senate Committee on 12 Rules, an act making appropriations for the 13 support of government. 14 All bills ordered direct for 15 third reading. 16 SENATOR SKELOS: Move to accept. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the message -- excuse me - 19 the report of the Finance Committee. All those 20 in favor signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 24 The report is accepted. 25 The bills are ordered directly to 5543 1 third reading. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could stand at ease, Mr. President. 5 ACTING PRESIDENT KUHL: Stand at 6 ease. 7 (Whereupon, the Senate stood at 8 ease from 10:33 a.m. until 10:45 a.m.) 9 ACTING PRESIDENT KUHL: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 at this time with the consent of the Minority, 13 we'll take up the non-controversial calendar. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the non-controversial 16 calendar. 17 THE SECRETARY: Calendar Number 18 693, by Senator Libous, Senate Print 654, an act 19 to amend the New York State Medical Care 20 Facilities Finance Agency Act. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 5544 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 739, by member of the Assembly Sidikman, 8 Assembly Print 1069-A, an act to amend the Real 9 Property Law, in relation to acknowledgment 10 forms. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 771, by Senator Cook, Senate Print 4578, an act 23 to amend the Public Health Law, in relation to 24 the testing of bottled water. 25 ACTING PRESIDENT KUHL: The 5545 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 October. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 SENATOR STACHOWSKI: Lay it 9 aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 820, by Senator Cook, Senate Print 3505, an act 14 authorizing the village of Ellenville. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. The Secretary 17 will read the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 48. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5546 1 THE SECRETARY: Calendar Number 2 1058, by member of the Assembly Hoyt, Assembly 3 Print 89-A, an act to amend the Education Law, 4 in relation to the membership of the State 5 University Trustees. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 48. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1111, by Senator Johnson, Senate Print 3950-A, 18 an act to authorize the Iglesia Pentecostal 19 Refugio De Salvation. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 5547 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes - 3 ACTING PRESIDENT KUHL: Record 4 the negatives and announce the results. 5 THE SECRETARY: Ayes 47, nays 1, 6 Senator Cook recorded in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1112, by Senator Johnson, Senate Print 3951-A, 11 an act to authorize the Church of God of 12 Brentwood. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT KUHL: Record 21 the negatives and announce the results. 22 THE SECRETARY: Ayes 47, nays 1, 23 Senator Cook recorded in the negative. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5548 1 THE SECRETARY: Calendar Number 2 1161, by Senator Spano, Senate Print 1407-A, an 3 act to amend the Civil Service Law. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of March. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1247, by the Assembly Committee on Rules, 16 Assembly Print 7602, an act to amend the Social 17 Services Law, in relation to the pass-through of 18 federal cost. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the first day -- this 23 act shall take effect December 31. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 5549 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1262, by Senator Trunzo, Senate Print 5476, an 7 act to amend the Retirement and Social Security 8 Law, in relation to providing. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 48. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Dollinger, why do you 20 rise? 21 SENATOR DOLLINGER: Mr. 22 President, I was busy on another matter 23 conferring with another member and on Calendar 24 Numbers 1111 and 1112, were those both passed by 25 the house? 5550 1 ACTING PRESIDENT KUHL: Yes, they 2 were. 3 SENATOR DOLLINGER: May I have 4 unanimous consent to be recorded in the negative 5 with my colleague, Senator Cook, on both of 6 those bills. 7 ACTING PRESIDENT KUHL: Without 8 objection, no objection, Senator Dollinger will 9 be recorded in the negative on Calendar Number 10 1111 and Calendar Number 1112. 11 SENATOR DOLLINGER: Thank you, 12 Mr. President. 13 ACTING PRESIDENT KUHL: The 14 Secretary will continue to call the non 15 controversial calendar. 16 THE SECRETARY: Calendar Number 17 1276, by Senator Volker, Senate Print 5218-A, an 18 act to amend the Penal Law, in relation to 19 criminal diversion of prescription. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 8. This 23 act shall take effect on the first day of 24 November. 25 ACTING PRESIDENT KUHL: Call the 5551 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 49. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Senator Marchi 7 moves to discharge from the Committee on Civil 8 Service and Pensions Assembly Bill Number 2433 9 and substitute it for the identical Third 10 Reading Calendar 1282. 11 ACTING PRESIDENT KUHL: The 12 substitution is ordered. The Secretary will 13 read. 14 THE SECRETARY: Calendar Number 15 1282, by member of the Assembly Sanders, 16 Assembly Print 2433, an act to amend the 17 Education Law, in relation to the placement of 18 New York City school safety officers. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 5552 1 THE SECRETARY: Ayes 49. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1283, by Senator Rath, Senate Print 2152, an act 6 to amend the Criminal Procedure Law, in relation 7 to designating. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT KUHL: Record 16 the negatives and announce the results. 17 THE SECRETARY: Ayes 48, nays 1, 18 Senator Leichter recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1284, by Senator Stavisky, Senate Print 2516, an 23 act to amend the Tax Law, in relation to 24 taxation of lottery winnings. 25 ACTING PRESIDENT KUHL: The 5553 1 Secretary will read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the first day of 4 October. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1285, by Senator Larkin, Senate Print 2998, an 13 act to amend the Criminal Procedure Law, in 14 relation to peace officer status. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT KUHL: Announce 23 the results after you record the negatives. 24 THE SECRETARY: Ayes 49, nays 1, 25 Senator Leichter recorded in the negative. 5554 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1286, by Senator Farley, Senate Print 3011-A, an 5 act authorizing the Trustees of the State 6 University of New York. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 50. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1287, by Senator LaValle, Senate Print 3226, an 19 act to amend the Criminal Procedure Law, in 20 relation to the designation of peace officers. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 5555 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT KUHL: Record 4 the negatives. Announce the results. 5 THE SECRETARY: Ayes 50, nays 1, 6 Senator Leichter recorded in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 -- excuse me. Senator Trunzo moves to 11 discharge from the Committee on Rules Assembly 12 Bill Number 5862 and substitute it for the 13 identical Third Reading Calendar 1288. 14 ACTING PRESIDENT KUHL: The 15 substitution is ordered. The Secretary will 16 read. 17 THE SECRETARY: Calendar Number 18 1288, by member of the Assembly Vitaliano, 19 Assembly Print 5862, an act to amend the Civil 20 Service Law, in relation to extending. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 5556 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 52. 4 ACTING PRESIDENT KUHL: The 5 bill - 6 THE SECRETARY: 52. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1289, by Senator Volker, Senate Print 3851, an 11 act to amend the Retirement and Social Security 12 Law, in relation to options. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 52. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1290, by Senator Tully, Senate Print 3927, an 25 act to amend the Retirement and Social Security 5557 1 Law, in relation to providing. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. The Secretary 4 will read the last section. 5 THE SECRETARY: Section 6. This 6 act shall take effect January 1. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 52. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1291, by Senator Present, Senate Print 4116, an 15 act to amend the Criminal Procedure Law, in 16 relation to peace officer status. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT KUHL: Record 25 the negatives. Announce the results. 5558 1 THE SECRETARY: Ayes 51, nays 2 2 -- nays 1, Senator Leichter recorded in the 3 negative. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Senator Velella 7 moves to discharge from the Committee on Finance 8 Assembly Bill Number 8022 and substitute it for 9 the identical Third Reading Calendar 1292. 10 ACTING PRESIDENT KUHL: The 11 substitution is ordered. The Secretary will 12 read the title. 13 THE SECRETARY: Calendar Number 14 1292, by the Assembly Committee on Rules, 15 Assembly Print 8022, an act in relation to 16 designating the building housing the Bronx 17 Children's Psychiatric Center. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 52. 5559 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1293, by Senator Tully, Senate Print 4698 - 5 SENATOR LEICHTER: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Senator Trunzo 9 moves to discharge from the Committee on Rules 10 Assembly Bill Number 7626 and substitute it for 11 the identical Third Reading Calendar 1294. 12 ACTING PRESIDENT KUHL: The 13 substitution is ordered. The Secretary will 14 read the title. 15 THE SECRETARY: Calendar Number 16 1294, by the Assembly Committee on Rules, 17 Assembly Print 7626, an act to amend Chapter 929 18 of the Laws of 1986. 19 ACTING PRESIDENT KUHL: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 5560 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1295, by Senator Trunzo, Senate Print 4907-A, an 6 act to authorize the Word of Jesus Outreach 7 Center. 8 ACTING PRESIDENT KUHL: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 52, nays 1, 16 Senator Dollinger recorded in the negative. 17 ACTING PRESIDENT KUHL: Record 18 the negatives. Announce the results. 19 THE SECRETARY: In relation to 20 Calendar 1295, ayes 50, nays 3, Senators Cook, 21 Dollinger and Leichter recorded in the negative. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1296, by Senator Libous, Senate Print 5053, an 5561 1 act to repeal paragraph 3 - 2 SENATOR PATERSON: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1297, by Senator Trunzo, Senate Print 5104-A, an 7 act to amend the Retirement and Social Security 8 Law, in relation to providing. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 53. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 SENATOR LEICHTER: Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter, why do you rise? 22 SENATOR LEICHTER: Mr. President, 23 when I was recorded in the negative, I thought I 24 was voting on Senator Libous' bill. I see it 25 was Senator Trunzo's bill. So will you mark me 5562 1 in the affirmative on 1295 and I gather 1296 was 2 laid aside. 3 ACTING PRESIDENT KUHL: Calendar 4 Number 1296 was laid aside, Senator Leichter. 5 SENATOR LEICHTER: Thank you. 6 ACTING PRESIDENT KUHL: Senator 7 -- without objection, hearing no objection, 8 Senator Leichter will be recorded in the 9 affirmative on Calendar Number 1295. 10 The Secretary will continue to 11 read the non-controversial calendar. 12 THE SECRETARY: Senator Larkin 13 moves to discharge from the Committee on Rules 14 Assembly Bill Number 7784 and substitute it for 15 the identical Third Reading Calendar 1298. 16 ACTING PRESIDENT KUHL: The 17 substitution is ordered. The Secretary will 18 read the title. 19 THE SECRETARY: Calendar Number 20 1298, by the Assembly Committee on Rules, 21 Assembly Print 7784, an act to amend the 22 Retirement and Social Security Law and the 23 Administrative Code of the city of New York. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 5563 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 53. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1299, by Senator Marchi, Senate Print 5256, an 11 act to amend the Real Property Tax Law, in 12 relation to exemption. 13 SENATOR LEICHTER: Lay it aside. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter, you wish that bill to be laid aside? 16 SENATOR LEICHTER: Lay it aside. 17 ACTING PRESIDENT KUHL: The 18 Secretary will lay Calendar Number 1299 aside 19 and continue to read the non-controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 1300, by Senator Johnson, Senate Print 5265, an 23 act to amend the Criminal Procedure Law, in 24 relation to designating. 25 ACTING PRESIDENT KUHL: The 5564 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT KUHL: Record 8 the negatives. Announce the results. 9 THE SECRETARY: Ayes 52, nays 1, 10 Senator Leichter recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1301, by Senator Volker, Senate Print 5326, an 15 act to amend the Civil Practice Law and Rules, 16 in relation to neglect. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the first day of 21 January. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 53. 5565 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1302, by Senator Saland, Senate Print 5356, an 5 act to amend the Penal Law, in relation to 6 non-support of a child. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first day of 11 September. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Senator Johnson 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 8129 and substitute it for 21 the identical Third Reading Calendar 1303. 22 ACTING PRESIDENT KUHL: The 23 substitution is ordered. The Secretary will 24 read the title. 25 THE SECRETARY: Calendar Number 5566 1 1303, by the Assembly Committee on Rules, 2 Assembly Print 8129, an act to amend the 3 Environmental Conservation Law, in relation to 4 the taking of menhaden. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 May we have it a little quiet in 16 the chamber. It's getting very hard to hear. 17 Senator Leichter, Senator 18 LaValle, Senator Stachowski, if you want to have 19 a conversation, would you take it out of the 20 room, please. Thank you. 21 The Secretary will continue to 22 read the non-controversial calendar. 23 THE SECRETARY: Senator Meier 24 moves to discharge from the Committee on Rules 25 Assembly Bill Number 7936 and substitute it for 5567 1 the identical Third Reading Calendar 1306. 2 ACTING PRESIDENT KUHL: The 3 substitution is ordered. The Secretary will 4 read the title. 5 THE SECRETARY: Calendar Number 6 1306, by the Assembly Committee on Rules, 7 Assembly Print 7936, an act to amend the General 8 Municipal Law, in relation to games of chance. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT KUHL: Record 17 the negatives. Announce the results. 18 THE SECRETARY: Ayes -- ayes 52, 19 nays 1, Senator Tully recorded in the negative. 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT KUHL: Yes, 22 Senator Leichter. 23 SENATOR LEICHTER: Could you tell 24 us what happened to 1304 -- 1304 and 1305? 25 ACTING PRESIDENT KUHL: It's the 5568 1 noise, Senator Leichter. It's confusing 2 everybody and even the Secretary and so Calendar 3 Number 1306 was read out of order. It was just 4 passed. So Calendar Number 1306 is passed. 5 We're returning to Calendar Number 1305 -- 1304 6 at this time and we'll take up 1305 and we'll go 7 to 1307 and finish to the conclusion of the 8 non-controversial calendar. 9 The Secretary will read Calendar 10 Number 1304. 11 THE SECRETARY: Calendar Number 12 1304, by Senator Marcellino, Senate Print 5400, 13 an act to amend the Public Service Law and 14 others, in relation to residential solar 15 electric. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5569 1 THE SECRETARY: Calendar Number 2 1305, by Senator Kuhl, Senate Print 5438, an act 3 to amend the Criminal Procedure Law, in relation 4 to designating. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT KUHL: Record 13 the negatives. Announce the results. 14 THE SECRETARY: Ayes 52, nays 1, 15 Senator Leichter recorded in the negative. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1307, by Senator DeFrancisco, Senate Print 5448, 20 an act to amend the Alcoholic Beverage Control 21 Law, in relation to exemption. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 5570 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1308, by Senator Holland, Senate Print 5450, an 9 act to amend the Real Property Tax Law, in 10 relation to subjecting. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1309, by Senator Wright, Senate Print 5459, an 23 act to - 24 SENATOR PATERSON: Lay that 25 aside, please. 5571 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1310, by Senator Maziarz, Senate Print 5460, an 5 act to amend Chapter 906 of the Laws of 1984. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 53. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1311, by Senator Lachman, Senate Print 5463, an 18 act to amend the Railroad Law, in relation to 19 providing for posting of signs. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 5572 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Senator Rath 6 moves to discharge from the Committee on Rules 7 Assembly Bill Number 8066 and substitute it for 8 the identical Third Reading Calendar 1312. 9 ACTING PRESIDENT KUHL: The 10 substitution is ordered. The Secretary will 11 read the title. 12 THE SECRETARY: Calendar Number 13 1312, by the Assembly Committee on Rules, 14 Assembly Print 8066, an act to amend the Local 15 Finance Law and Chapter 413 of the Laws of 1991. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 53. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5573 1 THE SECRETARY: Senator Rath 2 moves to discharge from the Committee on Rules 3 Assembly Bill Number 8068 and substitute it for 4 the identical Third Reading Calendar 1313. 5 ACTING PRESIDENT KUHL: The 6 substitution is ordered. The Secretary will 7 read the title. 8 THE SECRETARY: Calendar Number 9 1313, by the Assembly Committee on Rules, 10 Assembly Print 8068, an act to amend Chapter 719 11 of the laws of 1980, amending the Local Finance 12 Law. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 53. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1314, by Senator Holland, Senate Print 5482, an 25 act to amend the Highway Law, in relation to 5574 1 designating a portion of the state highway 2 system. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 53. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Skelos, that completes 14 the reading of the non-controversial calendar. 15 SENATOR SKELOS: Mr. President, 16 if we could just stand at ease for a moment. 17 ACTING PRESIDENT KUHL: The 18 Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease from 11:08 a.m. until 11:11 a.m.) 21 ACTING PRESIDENT KUHL: The 22 Senate will come to order. Members take their 23 places, the staff take their places. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, 5575 1 at this time if we could take up Calendar Number 2 1315. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1315, by the Senate Committee on Rules, Senate 7 Print 5549, an act making appropriations for the 8 support of government. 9 ACTING PRESIDENT KUHL: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 is there a message of necessity and 13 appropriation at the desk? 14 ACTING PRESIDENT KUHL: There is. 15 SENATOR SKELOS: Move to accept. 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the message of necessity and 18 appropriation at the desk relative to Calendar 19 Number 1315. All those in favor signify by 20 saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 24 The message is accepted. 25 The Secretary will read the last 5576 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 54. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could take up Calendar Number 1316. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1316, by the Senate Committee on Rules, Senate 17 Print 5550, an act authorizing the Department of 18 Health to establish certain payments to general 19 hospitals. 20 ACTING PRESIDENT KUHL: Senator 21 Skelos. 22 SENATOR SKELOS: Is there a 23 message of necessity at the desk? 24 ACTING PRESIDENT KUHL: There is. 25 SENATOR SKELOS: Move to accept. 5577 1 ACTING PRESIDENT KUHL: The 2 motion is to accept the message of necessity on 3 Calendar Number 1316. All those in favor 4 signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The message is accepted. 9 The Secretary will read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 54. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could take up Calendar Number 1317. 22 ACTING PRESIDENT KUHL: Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 1317, by the Senate Committee on Rules, Senate 5578 1 Print 5551, an act making appropriations for the 2 support of government. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Is there a 6 message of necessity and appropriation at the 7 desk? 8 ACTING PRESIDENT KUHL: There 9 is. 10 SENATOR SKELOS: Move to accept. 11 ACTING PRESIDENT KUHL: The 12 motion is to accept the message of necessity and 13 appropriation on Calendar 1317 which is at the 14 desk. All those in favor signify by saying 15 aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The message is accepted. 20 Secretary will read the last section. 21 THE SECRETARY: Section 6. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll. ) 5579 1 ACTING PRESIDENT KUHL: Record 2 the negatives and announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1317 are 5 Senators Alesi, Dollinger, Hoffmann, Maziarz and 6 Nanula. Ayes 49, nays 5. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 if we could take up the controversial calendar 12 at this time starting with Calendar Number 771 13 by Senator Cook. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the controversial calendar beginning 16 on page 26, Calendar Number 771. 17 Senator Dollinger, why do you 18 rise? 19 SENATOR DOLLINGER: Mr. 20 President, I was outside the chamber. I'd ask 21 for unanimous consent to be recorded in the 22 negative on Calendar Number 1315. 23 ACTING PRESIDENT KUHL: 1315, 24 Senator Dollinger, yes, if I can just as a point 25 of order make sure it's the budget extender 5580 1 bill. Yes, it is one of those bills, yes. 2 SENATOR DOLLINGER: Yes, but is 3 it - 4 ACTING PRESIDENT KUHL: That's 5 the big one. 6 SENATOR DOLLINGER: The big one, 7 thank you, Mr. President. 8 ACTING PRESIDENT KUHL: Without 9 objection, hearing no objection, Senator 10 Dollinger will be recorded in the negative on 11 Calendar Number 1315. 12 (Short pause) 13 Secretary will read the 14 controversial calendar beginning with Calendar 15 Number 771, by Senator Cook, page 26. 16 THE SECRETARY: Calendar Number 17 771, by Senator Cook, Senate Print 4578, an act 18 to amend the Public Health Law, in relation to 19 the testing of bottled water. 20 SENATOR PATERSON: Explanation. 21 ACTING PRESIDENT KUHL: Senator 22 Cook, an explanation of Calendar Number 771 has 23 been requested. 24 SENATOR COOK: This bill 25 basically puts New York into conformity with the 5581 1 EPA rules on this -- on this particular point of 2 testing. 3 SENATOR LEICHTER: Senator Cook, 4 will you yield for a question, please? 5 ACTING PRESIDENT KUHL: Senator 6 Cook, do you yield? 7 SENATOR COOK: Yes. 8 ACTING PRESIDENT KUHL: Senator 9 yields. 10 SENATOR LEICHTER: Senator, as I 11 read the current law, it requires that every 12 third year testing for organic and inorganic 13 chemicals show a curve on a yearly basis. We're 14 talking now about the drinking water, and your 15 bill eliminates the requirement. 16 SENATOR COOK: It's the bottled 17 water sold in stores. 18 SENATOR LEICHTER: Right, so it 19 would be less testing. Now, did I understand 20 you to say by eliminating that requirement we 21 would be in conformity with EPA rules? 22 SENATOR COOK: EPA rules will be 23 in conformity as it's in the law. 24 SENATOR LEICHTER: Senator Cook, 25 if you yield, my concern is we're seeing more 5582 1 and more bottled water in stores and it's 2 unclear to me how that is -- we had an instance 3 many years ago where waters that came from 4 France were understood to be contaminated. I'm 5 just concerned that we not eliminate any 6 requirement and any safeguards for the 7 protection of people's health. 8 SENATOR COOK: Mr. President, the 9 EPA rule requires that in sense each instance 10 the water be tested. New York, even after this 11 change, will continue to require that each 12 bottle on the line be tested and that that will 13 be wherever the water is produced, so the only 14 thing we're requiring is that every third year, 15 quarterly testing, but we do have a letter from 16 the Health Department which says that we agree 17 that the requirements of this section to test 18 organic and inorganic chemicals on a quarterly 19 basis from each production line every third year 20 is overly burdensome and well beyond the FDA 21 regulations. 22 SENATOR LEICHTER: Senator Cook, 23 just one further question. 24 ACTING PRESIDENT KUHL: Senator 25 Cook, do you continue to yield? 5583 1 SENATOR COOK: Yes. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR LEICHTER: This provision 5 relating to testing, does that also apply to 6 water outside the city of New York? I know 7 Catskill water is great, no question about that, 8 but do we require this testing for let's say 9 Vermont water, Poland Springs? 10 SENATOR COOK: Well, Mr. 11 President, my staff informs me that -- that in 12 order for the water to be sold in New York it 13 has to be licensed by the New York State Health 14 Department, and that it's undergoing testing and 15 that the testing of each bottling line has to be 16 done by a laboratory that's certified by the 17 state of New York regardless of wherever the 18 water is produced. 19 SENATOR LEICHTER: All right. So 20 we're -- if you just continue for a minute. 21 ACTING PRESIDENT KUHL: Senator 22 Cook, you continue to yield? 23 SENATOR COOK: Yes. 24 ACTING PRESIDENT KUHL: Senator 25 continues to yield. 5584 1 SENATOR LEICHTER: So we're also 2 easing the requirements for bottled water sold 3 outside the state, but it's your assurance that 4 this in no way will affect the purity of the 5 water that's sold or the protection or the 6 health protection that we want to give our 7 consumers. 8 SENATOR COOK: Mr. President, 9 yeah, I think that basically in the 10 conversations with the Health Department, the 11 intent of this letter, they are not of the 12 opinion that the quarterly testing serves a 13 great purpose so long as we continue to, and we 14 do, test every line, not just simply the 15 source. We do test it as it's being bottled. 16 SENATOR LEICHTER: Thank you, 17 Senator Cook. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of 22 October. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll. ) 5585 1 THE SECRETARY: Ayes 53, nays 2 one, Senator Tully recorded in the negative. 3 ACTING PRESIDENT KUHL: The 4 bill's passed. 5 THE SECRETARY: Calendar Number 6 1293, by Senator Tully, Senate Print 4698, an 7 act to amend the Penal Law, in relation to the 8 crime of failure to obey. 9 SENATOR LEICHTER: Explanation. 10 ACTING PRESIDENT KUHL: Senator 11 Tully, an explanation has been requested. 12 SENATOR TULLY: Thank you, Mr. 13 President. 14 This bill deals with failure to 15 obey a police officer while operating a motor 16 vehicle and distinguishes between low speed 17 pursuit and high speed pursuits. In the case of 18 a low speed pursuit and failing to obey a police 19 officer, it's a Class A misdemeanor. In the 20 case of a high speed pursuit, it's a Class E 21 felony. 22 ACTING PRESIDENT KUHL: Senator 23 Leichter. 24 SENATOR LEICHTER: Mr. President, 25 if Senator Tully would yield to a question. 5586 1 ACTING PRESIDENT KUHL: Senator 2 Tully, do you yield to a question from Senator 3 Leichter. 4 SENATOR TULLY: Yes, Mr. 5 President. 6 ACTING PRESIDENT KUHL: Senator 7 yields. 8 SENATOR LEICHTER: Senator, you 9 and I had a discussion beforehand in which you 10 suggested that I take a look at the explanation 11 of this bill, and am I correct that this only 12 applies with respect to a chase? 13 SENATOR TULLY: With respect to a 14 high speed pursuit, it's an "E" felony that's 15 true; with respect to the misdemeanor it's not 16 true. 17 SENATOR LEICHTER: You see, 18 Senator Tully, if I could just ask you as I did 19 before, I certainly support the provision of the 20 bill regarding failure to stop in a high speed 21 chase, but as I read this bill, if I'm correct, 22 this applies to any police officer, anybody 23 who's acting as a -- well, I guess it's just 24 police officers who's doing traffic control, and 25 if you fail -- if you missread the sign that he 5587 1 gives you and you go through that intersection 2 even though you then stop, you'd be guilty of a 3 Class A misdemeanor. Am I reading the bill 4 correctly? 5 SENATOR TULLY: No, I think 6 you're reading it incorrectly, Senator Leichter, 7 and speaking to my counsel and reviewing the 8 bill again myself, because it's a very exciting 9 measure sponsored by Assemblyman Hoyt in the 10 Assembly and requested by the D.A.s' Association 11 and the Sheriffs' Association, I think in my 12 original explanation to you, I misspoke. It's 13 the reverse. With respect to the misdemeanor, 14 both parties have to be in the vehicle. With 15 respect to the felony, that's not the case, so 16 with respect to the misdemeanor, the one you're 17 speaking of if you will read the bill starting 18 on line 5 -- it's line 6, while operating -- "a 19 police officer, while operating a motor 20 vehicle," so he has to be operating the motor 21 vehicle, and then in relation to the person who 22 is referred to on line 5, it says "a person, 23 when he or she is operating a motor vehicle," so 24 both parties are in a motor vehicle with respect 25 to the misdemeanor and that's not so with 5588 1 respect to the felony. 2 SENATOR LEICHTER: Well, then, 3 Senator Tully, I think I -- if I understand your 4 explanation and looking at the bill, I think I 5 read it correctly. If I come to an 6 intersection, it happens very often in the city 7 of New York, there's a police officer and he's 8 waving his hands and I may missread his sign, he 9 says "stop" and I go through the intersection. 10 Even if I then stop, he blows his whistle and 11 yells, "What are you doing?" And I stop, but 12 I've gone through that intersection, gone 13 through what he thinks was his clear sign. I'm 14 now guilty of a Class A misdemeanor? 15 SENATOR TULLY: No, Mr. 16 President. If he's on his bicycle or he's on 17 his motorcycle or in his vehicle, that's the 18 case. If he's not, you're not. You're guilty 19 of failing to obey a police officer's 20 direction. 21 SENATOR LEICHTER: Senator, where 22 is - 23 SENATOR TULLY: I'll refer you 24 again to lines 5 and 6, "a person shall be 25 guilty of unlawful failure to obey a police 5589 1 officer while operating a motor vehicle when he 2 or she is operating a motor vehicle," so the 3 police officer is operating a motor vehicle and 4 the individual is. 5 In the case that you just 6 described, the police officer is there directing 7 traffic; he's not in a vehicle. 8 SENATOR LEICHTER: O.K. I -- I 9 see what you're trying to accomplish. The 10 language may not be that felicitous, but the 11 police officer or the peace officer has to be in 12 a vehicle in order for this provision to apply. 13 SENATOR TULLY: That's correct. 14 SENATOR LEICHTER: Thank you. 15 SENATOR TULLY: You're welcome. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of 20 November. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 24 THE SECRETARY: Ayes 53, nays 25 one, Senator Kuhl recorded in the negative. 5590 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1296, by Senator Libous, Senate Print 5053, an 5 act to repeal paragraph 3 of subdivision (a) of 6 section 3-9.05. 7 ACTING PRESIDENT KUHL: Senator 8 Libous, an explanation has been requested by 9 Senator Paterson. 10 SENATOR LIBOUS: Thank you, Mr. 11 President. 12 As the clerk read, this is a 13 repeal of section 03 of 9.05 of the Mental 14 Hygiene Law and basically what it does, at the 15 present time a psychiatrist who is working at a 16 private hospital cannot actually admit a patient 17 to the facility, and what this will do is 18 correct the Mental Hygiene Law to allow that. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Thank you, Mr. 22 President. 23 If Senator Libous would yield to 24 a question. 25 ACTING PRESIDENT KUHL: Senator 5591 1 Libous, do you yield to a question? 2 SENATOR LIBOUS: Senator 3 Paterson, Mr. President, I would be honored to. 4 ACTING PRESIDENT KUHL: Senator 5 yields. 6 SENATOR PATERSON: Thank you, 7 Senator. 8 Senator, this certificate which I 9 think is known as a 2-7C, two-physician 10 certificate, how long is the period in which the 11 hospital might hold the individual? I believe 12 it's 15 days, is that the case? 13 SENATOR LIBOUS: That's correct. 14 SENATOR PATERSON: All right. If 15 the Senator would continues to yield? 16 ACTING PRESIDENT KUHL: Senator 17 Libous, you continue to yield? 18 SENATOR LIBOUS: Sure. 19 ACTING PRESIDENT KUHL: Senator 20 continues to yield. 21 SENATOR PATERSON: After the 15 22 days have elapsed, if there is a need to 23 continue the hospitalization of the individual 24 is there, at that time, any need for two 25 physicians to be involved? What's the procedure 5592 1 at that point? 2 SENATOR LIBOUS: Mr. President, 3 this is no different than the present procedure 4 that takes place at the state psychiatric 5 facilities or any of the not-for-profit 6 psychiatric facilities. The only difference is 7 that under present law, Mr. President, the 8 psychiatrists are not allowed to admit patients 9 on a non-voluntary basis in the private 10 facilities, so they would be governed under all 11 of the same rules, regulations, timetables that 12 presently exist. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: Thank you. 16 Would Senator Libous mind repeating the end of 17 his answer? I just missed it; it's my fault. 18 ACTING PRESIDENT KUHL: Senator 19 Libous, would you repeat your answer. He didn't 20 hear it. 21 SENATOR LIBOUS: Sure. Maybe I 22 need to speak a little louder, Mr. President. 23 They presently -- under present law, a 24 psychiatrist at a state hospital or a 25 not-for-profit hospital can -- can do admissions 5593 1 on an involuntary basis. It is not allowed in 2 private hospitals. This would allow it to 3 happen in a private hospital. They would still 4 fall under the same rules and regulations that 5 the state facilities and the not-for-profits 6 fall under. 7 There are no -- we are not making 8 any special rules. They will still be under the 9 guidance of the patients' bill of rights under 10 agencies like the Commission on Quality of Care, 11 and on every other oversight agency, so they 12 would be allowed to just do something that they 13 can't do now, and that is to allow a 14 psychiatrist who is at a facility that is a 15 private facility to make that decision. 16 Everything else would remain the same. 17 SENATOR PATERSON: Thank you very 18 much, Senator Libous. 19 Mr. President, if the Senator 20 would continue to yield. 21 ACTING PRESIDENT KUHL: Senator 22 Libous, you continue to yield? 23 SENATOR LIBOUS: Sure. 24 ACTING PRESIDENT KUHL: Senator 25 yields. 5594 1 SENATOR PATERSON: Senator, I 2 have a concern of a potential conflict of 3 interest particularly when it comes to profit 4 making or so-called private hospitals, the fact 5 that if the physician was on the staff of the 6 hospital, it might be a good way to keep the 7 beds filled. I mean I'm not -- full. I'm not 8 saying that this would be the notion of the 9 psychiatrist. I'm just saying when you are 10 facing a situation where you are having a 11 diminished number of uses of beds, it's 12 certainly easier to see it that way, and -- but 13 if I were going to make that allegation in this 14 -- in this discussion, I would have to be able 15 to establish that there would be some continuing 16 period of time and so that's why I asked the 17 question, because for 15 days, I think we'd be 18 willing to take the chance, but what I wanted to 19 know is, after the 15 days has elapsed, what is 20 the procedure; what is the procedure that would 21 keep involuntarily a patient in the hospital who 22 his physician feels needs -- physicians feel 23 needs greater care. How long a period of time 24 can they keep them, and what's the process for 25 keeping someone who after 15 days is determined 5595 1 to need more care? 2 SENATOR LIBOUS: Mr. President, 3 let me try to again answer Senator Paterson's 4 concern, and it is a legitimate concern and I 5 believe we have safeguards in place to answer 6 that. 7 Mr. President, and Senator 8 Paterson, at one time if we were to go back 50 9 years ago, I too would be concerned about 10 potential conflicts and situations that could 11 have existed then. 12 What we are trying to do under 13 this change in law and change in provision is to 14 allow a psychiatrist to make a determination and 15 get someone help who has mental illness, someone 16 who needs help. Now, under present law, under 17 present times, we have a number of oversight 18 agencies that would review and actually 19 correlate activities just like they would for a 20 state facility or a not-for-profit and they do 21 this presently in our private facilities. For 22 instance, you have the state Mental Hygiene 23 Legal Services Organization. You have the state 24 Commission on Quality Care for the Mentally 25 Disabled. You have any persons hospitalized for 5596 1 mental illness also protected under a patient's 2 bill of rights. Those kinds of oversights are 3 there, and to specifically answer the 15-day 4 question that Senator Paterson has, Mr. 5 President, again it would work the same as for 6 any other patient. Due process rights, you 7 know, would require hearings, appeals and 8 whatever would need to take place if there was 9 some question as to the diagnosis of anyone with 10 mental illness. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson. 13 SENATOR PATERSON: Thank you very 14 much, Mr. President. 15 Mr. President, on the bill. 16 ACTING PRESIDENT KUHL: Senator 17 Paterson, on the bill. 18 SENATOR PATERSON: I'm going to 19 vote for the bill, Mr. President. I think that 20 quite often there are situations where there are 21 extenuating circumstances and one psychiatrist 22 might suffice, and I think that we have 23 dedication and certainly integrity on the part 24 of even those psychiatrists who would be staff 25 members of the hospital that we would not have 5597 1 the conflict of interest or the attempt to, in 2 many ways, hospitalize patients that might not 3 need care. I think we can rely on the 4 professionalism and the judgment of the 5 psychiatrists in these particular cases. 6 All I would suggest is that 7 because of the fact that this original 8 hospitalizations is so important and that the - 9 I guess the public policy that was formulated by 10 the original legislation to have two physicians 11 sign the certificate is borne out by the fact 12 that after 15 days in the facility and certainly 13 borne out by sections 9.43 and 9.35 of the 14 Mental Hygiene Law, there is certainly an 15 opportunity to continue the hospitalization with 16 less documentation and less examination than 17 that which originally got the patient in the 18 hospital. 19 So even though I'm going to vote 20 for the bill, I would just want to admonish all 21 of us that we keep an eye on this situation 22 because the real critical decision is made 23 almost at the outset of the beginning of care, 24 and as long as that is very scrupulous in its 25 direction, I can live with it; but we did have, 5598 1 I thought, a pretty good policy now, and if 2 Senator Libous wants to change it, he certainly 3 could have some good reasons for doing so. 4 I just with caution suggest that 5 we keep tabs on this situation. 6 ACTING PRESIDENT KUHL: Secretary 7 -- Senator Dollinger. 8 SENATOR DOLLINGER: Senator 9 Libous yield to a question? 10 ACTING PRESIDENT KUHL: Senator 11 Libous, would you yield to a question from 12 Senator Dollinger? 13 SENATOR LIBOUS: Be happy to, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR DOLLINGER: As I 18 understand this legislation, it would put those 19 private physicians on a level with-for profit 20 facilities and not-for-profit facilities and 21 will give them the ability on their own to admit 22 someone to a facility that they have an 23 association with, and it will facilitate the 24 treatment for the mentally ill that are facing 25 crisis situations; is that correct? 5599 1 SENATOR LIBOUS: That is correct. 2 SENATOR DOLLINGER: Absolutely 3 great reason to vote for the bill. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE SECRETARY: Ayes 54. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1299, by Senator Marchi, Senate Print 5256, an 13 act to amend the Real Property Tax Law, in 14 relation to the exemption. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 SENATOR LEICHTER: No. 18 ACTING PRESIDENT KUHL: Senator 19 Marchi, an explanation of Calendar Number 1299 20 has been requested by Senator Leichter. 21 SENATOR MARCHI: Mr. President, 22 this property was purchased by Wagner College in 23 Staten Island in an FDIC foreclosure sale, and 24 last year we accorded Wagner College exemption 25 from taxes as an educational institution because 5600 1 they intend to use the existing buildings for 2 scholastic and academic purposes, and there is 3 sufficient land also to -- to put an athletic 4 facility on the property. 5 Wagner College is an expanding 6 institution, but it's not heavily funded by 7 funds that normally accrue to the major 8 institutions. Nevertheless, it has a very high 9 scholastic performance. Nevertheless, this - 10 all these aspirations would be dashed to the 11 ground. The - 12 SENATOR LEICHTER: Mr. President, 13 can I just, Senator, cut to the quick if I ask 14 you to yield to a question. 15 SENATOR MARCHI: Certainly. 16 ACTING PRESIDENT KUHL: Senator 17 yields. 18 SENATOR LEICHTER: I do know that 19 Wagner College is an excellent educational 20 institution. I certainly don't want to do 21 anything that would impose a financial burden on 22 it. 23 SENATOR MARCHI: No, I 24 understand. 25 SENATOR LEICHTER: I'm just 5601 1 surprised at this bill because we have, of 2 course, innumerable -- or not innumerable but 3 very many educational institutions in the 4 state. We never have a bill or I -- at least 5 I've never seen a bill before saying the 6 educational institution need not pay taxes on a 7 particular property because under the 8 Constitution, as an eleemosynary institution 9 dedicated to education, it's not required. 10 Why -- can you explain why we 11 need a bill in this instance? 12 SENATOR MARCHI: There is a - 13 you're perfectly correct in what you've stated. 14 What -- what developed and for some reason they 15 missed the fact that prior to the FDIC 16 foreclosure there were existing taxes owed the 17 city of New York, and I can't criticize the City 18 for saying, well, I want my money, but on the 19 other hand, their -- their means are very, very 20 slender and any -- any utilization of Wagner 21 College in development would be arrested and 22 they would be put in straitened circumstances if 23 they were compelled to pay the tax preceding the 24 foreclosure by the FDIC. 25 SENATOR LEICHTER: Mr. President, 5602 1 if Senator Marchi will continue to yield 2 please. 3 SENATOR MARCHI: It's a tough 4 question. 5 SENATOR LEICHTER: Right. I 6 understand the situation. Now, we're not 7 talking about taxes while the institution owned 8 the property. 9 SENATOR MARCHI: No. No. 10 SENATOR LEICHTER: They went and 11 they bought subject to taxes that were owed to 12 the city of New York, and I assume also maybe 13 the federal government, and you're trying to 14 say, well, even though they bought subject to 15 the taxes, you want to excuse them from the 16 payment of those taxes, is that correct? 17 SENATOR MARCHI: Well, at that 18 time, the question of -- there was a presump 19 tion, undoubtedly erroneous in view of the 20 circumstances because the taxes were in fact 21 owing, but when the FDIC foreclosed, the 22 assumption was that the FDIC had -- they gave a 23 conveyance without restriction that that 24 answered the problem. 25 It did not because the city of 5603 1 New York still had some pre-existing taxes going 2 back, and so we're now faced with the 3 expenditure of very slender reserves for the 4 expansion of Wagner College, and -- and the - 5 Senator, so we're weighing equities and I submit 6 that at this point it would be -- it would be a 7 very severe blow to the expansion of that 8 college. I don't think they could resume that 9 for a good long time if they had to invest in 10 the -- if they had to pay the taxes; so that 11 we're looking for this relief. 12 SENATOR LEICHTER: Senator 13 Marchi, if you would continue to yield. What is 14 the amount that's involved; what are the amount 15 of taxes owing to the city of New York that 16 we're seeking to excuse here? 17 SENATOR MARCHI: It's between 2 18 and $3 million, Senator. 19 One additional piece of 20 information that I had not supplied and counsel 21 reminded me of it, that this does not mandate 22 that the City do this, but it gives them the 23 option of doing it, so that having that option 24 the presumption is that it would be -- it would 25 raise some problems, I guess, if the City 5604 1 asserted it, not legal problems but 2 discretionary problems. 3 SENATOR LEICHTER: So, as I 4 understand it, this bill would authorize the 5 city of New York to say - 6 SENATOR MARCHI: Yeah. 7 SENATOR LEICHTER: -- we'll 8 forego that $2 million. 9 SENATOR MARCHI: Yes, but it 10 doesn't mandate that they do that. It does - 11 they're better off without that, but -- but that 12 is the extent of the problem. 13 SENATOR LEICHTER: Can I just ask 14 you one final question, if you will yield. 15 SENATOR MARCHI: Sure. 16 SENATOR LEICHTER: I assume that 17 when they went into the sale, I mean they 18 weren't buying a single little lot or a one 19 family house. I mean this is a sophisticated 20 buyer. I would assume the FDIC must have said 21 we're selling this subject to certain 22 encumbrances, tax liens and encumbrances, so 23 they must have bought this with their eyes open, 24 unless there was some real carelessness on the 25 part of the people who were acting for the 5605 1 institution. 2 SENATOR MARCHI: The assurances 3 given at that time were that since they were an 4 eleemosynary institution or a non-profit 5 institution, that they could apply for exemption 6 and -- and they did this and spent -- spent 7 certainly more than the amount of the taxes here 8 to -- to purchase the property at the time. I 9 -- it would be a severe setback to an 10 educational institution which the City can, I 11 suppose, very legally say, no, I won't do 12 anything about it, but I -- I rather doubt it 13 and I think the City at that point feels that 14 they have an obligation to proceed and in the 15 absence of the latitude which this bill would 16 afford it. 17 SENATOR LEICHTER: Mr. President, 18 if Senator Marchi -- I just want to say one 19 thing that concerns me is that there were other 20 bidders for this property. Those bidders 21 obviously had -- had in mind and must have 22 considered in their bid the fact that they would 23 have to pay 2- or $3 million in -- I think you 24 said $2 million in real estate taxes, so that 25 really in effect what we're now giving is an 5606 1 unfair advantage to one particular bidder, 2 although it's a wonderful institution. 3 I mean it certainly affected the 4 -- the price that was secured on the sale of 5 this particular parcel. That is correct in my 6 understanding. 7 SENATOR MARCHI: Well, I think 8 you have stated the question correctly, but 9 there was no design or it was happenstance. It 10 is the property of Wagner College. Our failure 11 to give the City discretionary authority to - 12 to exercise what is their right to do, I mean 13 they have the right to do it and say, Well, we 14 still want to go ahead and try to collect them 15 but they now have the authority without being - 16 being held irresponsible because they -- this is 17 a discretionary matter at the point of the 18 approval of this legislation to open it up to 19 educational opportunity. 20 It's a bargain in the sense that 21 we are purchasing additional space in a -- in a 22 college of modest means, but great 23 accomplishments academically and also not a 24 heavy tuition college and we're serving beyond 25 the borders of the City but principally local 5607 1 students, so it's a -- again, I can't fault 2 you. 3 SENATOR LEICHTER: Right. 4 SENATOR MARCHI: But I would urge 5 all of you to exercise, you know, your equitable 6 judgment on a matter such as this. 7 ACTING PRESIDENT KUHL: Senator 8 Leichter. 9 SENATOR LEICHTER: Yes, Mr. 10 President. I certainly understand what Senator 11 Marchi is doing. He is supporting a very fine 12 educational institution. I understand this is 13 certainly going to be a burden on it. I -- I'm 14 just troubled by the fact that, one, they didn't 15 understand that they were buying subject to this 16 lien, and while it's perfectly true that an 17 educational institution need not pay real estate 18 taxes, obviously we're talking now of taxes 19 prior to the time that they acquired the 20 property and it's hard for me to understand how 21 they could have made such a gross error, but you 22 say they made it in good faith and I accept 23 that. I certainly wouldn't want to establish a 24 precedent because it would seem to me to be an 25 open invitation for educational institutions or 5608 1 other charitable institutions to go in, buy 2 distressed property that's subject to lien and 3 say, Well, we don't have to pay the taxes. We 4 have the precedent. Take a look at what 5 happened to Wagner College. 6 Having said this, Senator, I 7 understand that you're leaving it up to the city 8 of New York which essentially means the city of 9 New York is going to make a $2 million 10 contribution to Wagner College. 11 Knowing how kind the mayor has 12 been to the good people of Staten Island, he's 13 eliminated your charges for ferry service, a lot 14 of other things, he's closing your landfill, I 15 would imagine he'll -- he'll respond. He'll 16 look at the calendar and say it's 1997, what 17 happens in November. Oh, yes, sure, we'll - 18 we'll be happy to give $2 million to Wagner 19 College. But I will leave that to the good 20 mayor to decide what's right for the people of 21 the city of New York. 22 It is a substantial amount of 23 money and, as you point out, you're weighing 24 equity, money that's due to the people of the 25 city of New York as against a very fine 5609 1 educational institution which, as you rightly 2 point out, doesn't have a great deal of 3 resources. 4 Having said this, I'll leave it 5 for the mayor to decide what's right. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Mr. 9 President, Wagner College is a long ways away 10 from Monroe County, but I join in the sentiments 11 of my colleague from Manhattan. 12 Frankly, Senator Marchi, I don't 13 understand why, when bidding on a foreclosure, 14 2- or $3 million in real property taxes owed to 15 the city of New York, a lawyer on behalf of the 16 college says, or on behalf of the FDIC, whoever 17 is the seller of this piece of property, says we 18 don't have to worry about the 2- or $3 million 19 owed to the city of New York. 20 What I assume happened, and I 21 agree with Senator Leichter, I'm not a real 22 property lawyer but I know enough about real 23 property to know that, when you buy a property 24 subject to taxes, you pay less for the property 25 with the understanding that you're going to pay 5610 1 the taxes. The property is worth $5 million and 2 it's encumbered by $3 million in real property 3 taxes, you pay $2 million for it. Then you've 4 paid $5 million. 5 You take the $3 million, pay it 6 to the city of New York, give the seller $2 7 million you've given the seller $5 million for a 8 $5 million property. What I think happened here 9 is that Wagner said, Gee, we're stuck with these 10 taxes. What we'll do is ask the state 11 Legislature and the city of New York in that 12 somewhat quadrennial mood that mayors may be in 13 every now and then when the right odd numbered 14 year rolls around. They decide to come to the 15 state Legislature. 16 I have one concern about this: 17 Is this a gift, an outright gift of $3 million 18 to a college in violation of the state 19 Constitution? We're as good as giving the 20 college $3 million with no stated purpose 21 attached, no publicly demonstrated need other 22 than they don't want to pay the real property 23 taxes that accrued on a piece of property that 24 they bought and paid cash for and that they 25 paid -- when they paid for it, they knew they 5611 1 were undertaking a 2- or $3 million obligation. 2 So I'm concerned that this may 3 violate the constitutional ban on gifts and, 4 Senator Marchi, I say this with all respect, I 5 don't understand why, if a bill for Wagner 6 College which sits in Senator Gentile's 7 district, why his name isn't even on the bill. 8 I don't hold -- Senator Marchi, I 9 say this with all due respect to you, I know it 10 doesn't originate with you, but it seems to me 11 that on a matter like this that involves 12 something right in the heart of the district of 13 a state Senator, that his name ought to be on 14 this bill. 15 We live in this Alice in 16 Wonderland world here somehow in the 2-, the 400 17 yards between these two houses where the 18 benefits to particular Senators for things that 19 happen in their districts seem to never get 20 recognized. They never seem to be a part of the 21 process. I still don't understand it. I've 22 never understood it, why Senator Gentile's name 23 couldn't be on a bill for Wagner College which 24 is right in his home district. 25 I guess that's part of what we do 5612 1 around here. I hope, I pray, for the day when 2 that kind of foolishness is a part of the 3 distant past. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section - 7 SENATOR MARCHI: Just one more 8 statement because I -- Senator Gentile has been 9 very supportive of efforts to help in these 10 situations. The whole thing started before we 11 were involved in an election and his presence 12 was here, but I have no doubt that he stands 13 forthrightly in favor of this legislation. Not 14 -- and he has been -- he has been included in 15 those situations that have matured since, as he 16 will attest to. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section - 20 SENATOR DOLLINGER: I have a 21 follow-up on Senator Marchi's comments. 22 I understand because I've had a 23 private conversation with Senator Gentile. I 24 know he's a strong supporter of this bill. 25 Despite my reservations about it, I'm going to 5613 1 vote for it because he told me to vote for it 2 but it seems to me that the whole notion of 3 somehow putting his name on this bill would 4 somehow change something in the big picture, I 5 don't quite understand, never understood it, and 6 I, frankly, think it's unfortunate to my 7 colleague to my left. 8 SENATOR GOLD: Mr. President. 9 THE PRESIDENT: Senator Gold. 10 SENATOR GOLD: Thank you so much. 11 Would my dear friend, Senator 12 Marchi, yield to one question? 13 SENATOR MARCHI: Yes. 14 ACTING PRESIDENT KUHL: Senator 15 Marchi, you yield? Senator yields. 16 SENATOR GOLD: Yes, Senator, 17 there was just one part of your last answer I 18 didn't understand. Senator Gentile and you and 19 I and every other member of the Senate was 20 elected last year, and this bill and every other 21 bill was introduced anew after that election, so 22 Senator Gentile was certainly a part of this 23 body at the time that the bill was introduced, 24 so I don't understand when you said it started 25 before him. I would imagine that, you know, at 5614 1 the time the bill was introduced, he was the 2 member duly elected. Even as we stand here 3 right now, there is something called "buck slip" 4 and it seems to me, Senator, that in the 5 fairness which under oath I would have to admit 6 you have, Senator, it seems to me that Senator 7 Gentile could be put on the bill right now as a 8 co-sponsor to show his support and show your 9 appreciation of his support. 10 SENATOR MARCHI: Well, let the 11 record show that the Senator is wholeheartedly 12 in support of this bill. I certainly, Senator, 13 can attest to the fact that I have made that 14 response on numerous occasions when people have 15 asked me, and I think that the Senator knows 16 that. 17 SENATOR GOLD: Well, Senator, 18 will you yield to one more question? 19 ACTING PRESIDENT KUHL: Senator 20 Marchi, do you yield to another question from 21 Senator Gold? 22 SENATOR MARCHI: Yes. 23 ACTING PRESIDENT KUHL: Senator 24 yields. 25 SENATOR GOLD: Can we have a buck 5615 1 slip, or is that what you call it, and have it 2 executed right now and make him a co-sponsor of 3 the bill? 4 SENATOR MARCHI: I have no 5 objection. 6 SENATOR GOLD: All right. Thank 7 you very much. If I could have the Clerk 8 prepare it for Senator Gentile and we'll get it 9 signed and have it done right now. Senator 10 Marchi, I've always said you are a gentleman, 11 and you continue to be. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 54. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Secretary will continue to call 23 the controversial calendar. 24 Senator Cook, do you wish to be 25 recorded in the negative on the last bill? 5616 1 Without objection, hearing no objection, Senator 2 Cook will be recorded in the negative on 3 Calendar Number 1299. 4 Secretary will continue to read. 5 THE SECRETARY: Calendar Number 6 1309, by Senator Wright, Senate Print 5459, an 7 act to amend Chapter 533 of the Laws of 1993. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Skelos, that completes 19 the reading of the controversial calendar. 20 SENATOR SKELOS: Can we stand at 21 ease. 22 ACTING PRESIDENT KUHL: The 23 Senate will stand at ease. 24 (The Senate stood at ease from 25 11:55 a.m., to 12:16 p.m.) 5617 1 SENATOR SKELOS: There will be a 2 Majority Conference at 12:30 in the Majority 3 Conference Room. 4 (The Senate stood at ease from 5 12:17 p.m., until 12:59 p.m.) 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT VOLKER: Senator 8 Skelos. 9 Senator Lack? 10 SENATOR LACK: Mr. President, 11 there will be a meeting of the Committee on the 12 Judiciary at 5:00 o'clock this afternoon in Room 13 332 for the purpose of considering one 14 nomination. Committee on Judiciary in Room 332 15 at 5:00 o'clock. 16 ACTING PRESIDENT VOLKER: 17 Committee on Judiciary 5:00 p.m., this 18 afternoon, this date. 19 SENATOR SKELOS: Mr. President, 20 there will be a Majority Conference at 5:30, and 21 the Senate will stand at ease. 22 ACTING PRESIDENT VOLKER: Senate 23 will stand at ease until 5:30 when the Senate 24 Majority will have a Conference in the Majority 25 Conference Room. We'll be at ease until at 5618 1 least that time. 2 SENATOR CONNOR: Minority 3 Conference at 5:30 this evening. 4 (Whereupon at 1:01 p.m., the 5 Senate stood at ease.) 6 (The Senate reconvened at 9:38 7 p.m.) 8 ACTING PRESIDENT KUHL: The 9 Senate will come to order. Members will find 10 their places, staff find their places. 11 Chair recognizes Senator Bruno. 12 SENATOR BRUNO: Mr. President, 13 can we at this time return to reports of 14 standing committees. I believe there's a report 15 at the desk from the Judiciary Committee. 16 ACTING PRESIDENT KUHL: Return to 17 reports of standing committees. I believe 18 there's a report from the Judiciary Committee at 19 the desk. I'll ask the Secretary to read. 20 THE SECRETARY: Senator Lack, 21 from the Judiciary Committee, reports the 22 following nomination: John A. Lahtinen, of 23 Clinton County, as a Justice of the Supreme 24 Court for the Fourth Judicial District. 25 ACTING PRESIDENT KUHL: Chair 5619 1 recognizes Senator Lack. 2 SENATOR LACK: Thank you, Mr. 3 President. 4 It's my pleasure to rise to move 5 the nomination of John A. Lahtinen to the 6 position of Supreme Court Justice in the Fourth 7 Judicial District. Mr. Lahtinen has been 8 examined by the Governor's new screening 9 committee, was unanimously moved to the Senate. 10 We have checked into his credentials; he 11 appeared before the Senate Judiciary Committee 12 earlier in the day, was unanimously endorsed by 13 that committee, moved to the floor of the Senate 14 for consideration tonight, and it is with utmost 15 pride that I yield to Mr. Lahtinen's partner, 16 our Honorable Ronald Stafford, the Senator from 17 Plattsburgh. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Stafford, on the nomination. 20 SENATOR STAFFORD: Mr. President, 21 I thank the Majority Leader, the Chairman and 22 the ranking member of Judiciary, Senator 23 Leichter. Due to certain personal 24 circumstances, it was agreed upon to move Mr. 25 Lahtinen's nomination due to a serious situation 5620 1 in his family. His daughter is not with us this 2 evening here but she's not that far away from 3 here, and we know she's with us in spirit, 4 Melissa, and we're certainly with her. 5 I'd share with all of you that 6 we're confirming a gentleman who has 7 distinguished himself in the practice of law; 8 he's distinguished himself as a citizen. He was 9 educated in the mining town of Port Henry, 10 graduated from public school, and we're not 11 going to hold it against him that he graduated 12 from Colgate, even though they beat Boston 13 College his senior year when he was quite 14 involved in it. 15 He then went on and graduated 16 from law school, and he was Norm Harvey's clerk, 17 law secretary, whatever you want to call it. In 18 other words, he did the research, was his 19 assistant, and Judge Harvey who served in the 20 Appellate Division was a friend of many of us. 21 Anyone who worked for him for one minute you can 22 be sure knew and knows what he's doing as far as 23 the law is concerned. 24 John Lahtinen has been very 25 involved in his community, in his church. He 5621 1 has done a great deal of volunteer work. I 2 might, add those who have worked with him, I'm 3 sure none of you would believe this here today 4 but Mr. Lahtinen and I always haven't agreed. 5 I'm sure you can't believe that working with me 6 but, on the other hand, we've respected one 7 another, and I just would share with you that, 8 very frankly, this is an example of a system 9 really working, getting a person who is 10 qualified, a person who is his own person, 11 who'll call it as he sees it, and believe me he 12 will, and he certainly has the temperament, the 13 ability to serve on the Supreme Court and once 14 again, I want to thank the leader, the Majority 15 Leader, want to thank the chairman of Judiciary 16 and, as I say, the ranking member on judiciary, 17 Mr. Lahtinen is qualified. He is an exemplary 18 candidate, but due to certain circumstances in 19 his family, we very much wanted to do that this 20 week, and we thank you all and, Mr. President, 21 I, together with Senator Lack, certainly am 22 honored to join in the confirmation. 23 ACTING PRESIDENT KUHL: Is there 24 any other Senator wishing to speak on the 25 nomination? Hearing none, the question is on 5622 1 the nomination of John A. Lahtinen, of Clinton 2 County, to become a Justice of the Supreme Court 3 for the Fourth Judicial District. All those in 4 favor of the nomination, signify by saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The nominee is unanimously 9 confirmed. 10 We're very, very pleased to have 11 Judge Lahtinen with us in the chamber tonight 12 along with his wife Eleanor. Judge, 13 congratulations, good luck and nothing but great 14 decisions. 15 (Applause) 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we at this time ask for a meeting of the 19 Rules Committee in Room 332. 20 ACTING PRESIDENT KUHL: There 21 will be an immediate meeting, immediate meeting 22 of the Rules Committee in the Majority 23 Conference Room, Room 332. Immediate meeting of 24 the Rules Committee in the Majority Conference 25 Room, Room 332. 5623 1 Senator Bruno. 2 SENATOR BRUNO: Mr. Bruno, can we 3 return to motions and resolutions. I believe 4 Senator Lack would like to be recognized. 5 ACTING PRESIDENT KUHL: Return to 6 motions and resolutions. Chair recognizes 7 Senator Lack. 8 SENATOR LACK: Thank you, Mr. 9 President. 10 On behalf of Senator Nozzolio, I 11 wish to call up his Calendar Number 608, 12 Assembly Print Number 4808. 13 ACTING PRESIDENT KUHL: Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 608, by member of the Assembly Crowley, Assembly 17 Print 4808, an act to amend the General Business 18 Law. 19 ACTING PRESIDENT KUHL: Senator 20 Lack. 21 SENATOR LACK: I now move to 22 reconsider the vote by which this Assembly bill 23 was substituted for Senator Nozzolio's bill, 24 Senate Print Number 2775, on June 16th. 25 ACTING PRESIDENT KUHL: Secretary 5624 1 will call the roll on reconsideration. 2 (The Secretary called the roll on 3 reconsideration.) 4 THE SECRETARY: Ayes 60. 5 ACTING PRESIDENT KUHL: Senator 6 Lack. 7 SENATOR LACK: I move that 8 Assembly Bill Number 4808 be recommitted to the 9 Committee on Rules and that Senator Nozzolio's 10 bill be restored to the order of Third Reading 11 Calendar. 12 ACTING PRESIDENT KUHL: The 13 Assembly bill is recommited, and the Senate bill 14 is restored. 15 Senator Lack. 16 SENATOR LACK: I now offer, on 17 behalf of Senator Nozzolio, the following 18 amendments. 19 ACTING PRESIDENT KUHL: 20 Amendments are received and adopted. 21 Senator Cook. 22 SENATOR LACK: Uh-uh-uh. I got a 23 zillion. You want to - 24 ACTING PRESIDENT KUHL: Senator 25 Lack, we're trying to mix it up a little bit 5625 1 this evening. 2 Senator Cook, would you like to 3 make a motion. 4 SENATOR COOK: Yes. 5 ACTING PRESIDENT KUHL: Yeah; why 6 not! 7 SENATOR COOK: Madam President, 8 Mr. President, after recognition by the Chair, I 9 wish to call up my bill, Print Number 1373, 10 recalled from the Assembly which is now at the 11 desk. Secretary will read the title of the 12 bill. Oh, I'm sorry. 13 ACTING PRESIDENT KUHL: Thank 14 you. Thank you. We ought to change places, 15 Senator Cook. Secretary will read the title. 16 THE SECRETARY: Calendar Number 17 126, by Senator Cook, Senate Print 1373, an act 18 to amend the Executive Law. 19 SENATOR COOK: I now move to 20 reconsider the vote by which the bill was 21 passed. 22 ACTING PRESIDENT KUHL: Secretary 23 call the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration.) 5626 1 THE SECRETARY: Ayes 60. 2 ACTING PRESIDENT KUHL: Senator 3 Cook. 4 SENATOR COOK: I offer the 5 following amendments, with my thanks. 6 ACTING PRESIDENT KUHL: 7 Amendments are received and adopted. 8 Senator Holland. 9 SENATOR HOLLAND: Mr. President, 10 for Senator Johnson, on page 12, I offer the 11 following amendments to Calendar Number 341, 12 Senate Print Number 2550, and ask that the said 13 bill retain its place on the Third Reading 14 Calendar. 15 ACTING PRESIDENT KUHL: 16 Amendments to Calendar 341 are received and 17 adopted and the bill will retain its place on 18 the Third Reading Calendar. 19 Senator Lack. 20 SENATOR LACK: I in my way, Mr. 21 President, because I would just like to call up 22 Senator Bruno's bill, Print Number 5550, 23 recalled from the Assembly which is now at the 24 desk. 25 ACTING PRESIDENT KUHL: Secretary 5627 1 will read. 2 THE SECRETARY: Calendar Number 3 1316, by the Senate Committee on Rules, Senate 4 Print 5550-A, an act authorizing the Department 5 of Health. 6 ACTING PRESIDENT KUHL: Senator 7 Lack. 8 SENATOR LACK: Did you say 9 something? I'd like to move to reconsider the 10 vote by which this bill was passed. 11 ACTING PRESIDENT KUHL: Secretary 12 will call the roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration.) 15 THE SECRETARY: Ayes 60. 16 ACTING PRESIDENT KUHL: Senator 17 Lack. 18 SENATOR LACK: Well, now that 19 it's been to its place on the Third Reading 20 Calendar, I'd like to offer on behalf of Senator 21 Bruno the following amendments. 22 ACTING PRESIDENT KUHL: 23 Amendments are received and adopted. 24 Senator Lack. 25 SENATOR LACK: Let's see. Mr. 5628 1 President, on behalf of Senator Goodman, I wish 2 to call up his Calendar Number 371, Assembly 3 Print - 4 ACTING PRESIDENT KUHL: Senator 5 Lack. Senator Lack, excuse me the interruption 6 momentarily. 7 SENATOR BRUNO: Mr. President. 8 ACTING PRESIDENT LACK: Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President, 11 before that, can we at this time call up 12 Calendar 1316. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title of Calendar Number 1316, 15 1316. 16 THE SECRETARY: Calendar Number 17 1316, by the Senate Committee on Rules, Senate 18 Print 5550-A, an act authorizing the Department 19 of Health. 20 SENATOR BRUNO: Is there a 21 message at the desk? 22 ACTING PRESIDENT KUHL: There is 23 a message at the desk, Senator Bruno. 24 SENATOR BRUNO: Move we accept 25 the message. 5629 1 ACTING PRESIDENT KUHL: Motion is 2 to accept the message on Calendar Number 1316. 3 All those in favor signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 The message is accepted. 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 60. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Lack. 18 SENATOR LACK: On behalf of 19 Senator Goodman, I wish to call up his Calendar 20 371, Assembly Print Number 5036-A. 21 ACTING PRESIDENT KUHL: Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 371, by member of the Assembly McLaughlin, 25 Assembly Print 5036-A, an act to amend the 5630 1 Transportation Law. 2 ACTING PRESIDENT KUHL: Senator 3 Lack. 4 SENATOR LACK: Move to reconsider 5 the vote by which this Assembly bill was 6 substituted for Senator Goodman's bill, Senate 7 Print Number 416-A, on June 16th. 8 ACTING PRESIDENT KUHL: Secretary 9 will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 60. 13 ACTING PRESIDENT KUHL: Senator 14 Lack. 15 SENATOR LACK: Now move that 16 Assembly Bill Number 5036-A be recommitted to 17 the Committee on Rules and that Senator 18 Goodman's bill be restored to the Third Reading 19 Calendar. 20 ACTING PRESIDENT KUHL: The 21 Assembly bill is recommitted and the Senate bill 22 is restored to the calendar. 23 Senator Lack. 24 SENATOR LACK: I now offer the 25 following amendments. 5631 1 ACTING PRESIDENT KUHL: Amendments 2 are received and adopted. 3 Senator Lack. 4 SENATOR LACK: On behalf of you, 5 Mr. President, I wish to call up your Calendar 6 Number 389, Assembly Print Number 5409. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the title. 9 THE SECRETARY: Calendar Number 10 389, by member of the Assembly Parment, Assembly 11 Print 5409, an act to amend the Agriculture and 12 Markets Law. 13 ACTING PRESIDENT KUHL: Senator 14 Lack. 15 SENATOR LACK: I now move to re 16 consider the vote by which the Assembly bill was 17 substituted for your bill, Print Number 3158 on 18 April 2nd. 19 ACTING PRESIDENT KUHL: Secretary 20 will call the roll on reconsideration. 21 (The Secretary called the roll on 22 reconsideration.) 23 THE SECRETARY: Ayes 60. 24 ACTING PRESIDENT KUHL: Senator 25 Lack. 5632 1 SENATOR LACK: I now move that 2 Assembly Bill Number 5409 be recommitted to the 3 Committee on Agriculture and that your bill be 4 restored to the order of the Third Reading 5 Calendar. 6 ACTING PRESIDENT KUHL: The 7 Assembly bill will be recommitted. The Senate 8 bill is restored. 9 Senator Lack. 10 SENATOR LACK: On your behalf, I 11 now offer the following amendments. 12 ACTING PRESIDENT KUHL: Amendments 13 are received and adopted. 14 Senator Lack. 15 SENATOR LACK: On behalf of 16 Senator Meier, on page number 30, I offer the 17 following amendments to Calendar Number 855, 18 Senate Print Number 3307-A, and ask that said 19 bill retain its place on Third Reading 20 Calendar. 21 ACTING PRESIDENT KUHL: 22 Amendments are received and adopted. The bill 23 will retain its place on the Third Reading 24 Calendar. 25 Senator Lack. 5633 1 SENATOR LACK: Mr. President, on 2 behalf of Senator Skelos, on page number 21, I 3 offer the following amendments to Calendar 4 Number 625, Senate Print Number 1023, and ask 5 that the bill retain its place on the order of 6 Third Reading. 7 ACTING PRESIDENT KUHL: 8 Amendments to Calendar Number 625 are received 9 and adopted and the bill will retain its place 10 on the Third Reading Calendar. 11 Senator Lack. 12 SENATOR LACK: On behalf of 13 Senator Spano, on page number 15, I offer the 14 following amendments to Calendar Number 452, 15 Senate Print Number 3483, and ask that that bill 16 also retain its place on the Third Reading 17 Calendar. 18 ACTING PRESIDENT KUHL: 19 Amendments to Calendar Number 452 are received 20 and adopted and the bill will retain its place 21 on the Third Reading Calendar. 22 Senator Lack. 23 SENATOR LACK: On behalf of 24 Senator Tully, I offer, on page number 39, I 25 offer the following amendments to Calendar 5634 1 Number 1100, Senate Print Number 5005-A, and ask 2 that that bill too retain its place. 3 ACTING PRESIDENT KUHL: 4 Amendments to Calendar Number 1100 are received 5 and adopted. The bill will retain its place on 6 the Third Reading Calendar. 7 Senator Lack. 8 SENATOR LACK: I wish to call up 9 my bill, Print Number 2918-A recalled from the 10 Assembly which is now at the desk. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the title. 13 THE SECRETARY: Calendar Number 14 259, by Senator Lack, Senate Print 2918-A, an 15 act to amend the Family Court Act. 16 ACTING PRESIDENT KUHL: Senator 17 Lack. 18 SENATOR LACK: I now move to 19 reconsider the vote by which this bill was 20 passed. 21 ACTING PRESIDENT KUHL: Secretary 22 will call the roll on reconsideration. 23 (The Secretary called the roll on 24 reconsideration. ) 25 THE SECRETARY: Ayes 60. 5635 1 ACTING PRESIDENT KUHL: Senator 2 Lack. 3 SENATOR LACK: I now offer the 4 following amendments. 5 ACTING PRESIDENT KUHL: 6 Amendments are received and adopted. 7 Senator Lack. 8 SENATOR LACK: On behalf of 9 Senator Goodman, I wish to call up his bill, 10 Print Number 419 recalled from the Assembly 11 which is now at the desk. 12 ACTING PRESIDENT KUHL: Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 52, by Senator Goodman, Senate Print 419, an 16 acted to amend the Vehicle and Traffic Law. 17 ACTING PRESIDENT KUHL: Senator 18 Lack. 19 SENATOR LACK: I now move to re 20 consider the vote by which the bill was passed. 21 ACTING PRESIDENT KUHL: Secretary 22 will call the roll on reconsideration. 23 (The Secretary called the roll on 24 reconsideration.) 25 THE SECRETARY: Ayes 60. 5636 1 ACTING PRESIDENT KUHL: Senator 2 Lack. 3 SENATOR LACK: Now offer the 4 following amendments. 5 ACTING PRESIDENT KUHL: 6 Amendments are received and adopted. 7 Senator Lack. 8 SENATOR LACK: On behalf of 9 Senator Velella, I wish to call up his bill, 10 Print Number 18-A, recalled from the Assembly 11 which is now at the desk. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the title. 14 THE SECRETARY: Calendar Number 15 232, by Senator Velella, Senate Print 18-A, an 16 act to amend the Insurance Law. 17 ACTING PRESIDENT KUHL: Senator 18 Lack. 19 SENATOR LACK: I now move to 20 reconsider the vote by which this bill was 21 passed. 22 ACTING PRESIDENT KUHL: Secretary 23 will call the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration.) 5637 1 THE SECRETARY: Ayes 60. 2 ACTING PRESIDENT KUHL: Senator 3 Lack. 4 SENATOR LACK: I now offer the 5 following amendments. 6 ACTING PRESIDENT KUHL: Amend 7 ments are received and adopted. Senator Lack. 8 SENATOR LACK: Mr. President, 9 amendments are offered to the following Third 10 Reading Calendar bills: 11 By Senator Present, on page 5, 12 Calendar Number 110, Senate Print 765; 13 Senator Volker, page 10, Calendar 14 Number 284, Senate Print 365-B; 15 By Senator Farley, on page 12, 16 Calendar Number 367, Senate Print Number 2734; 17 By Senator Marchi, on page 15, 18 Calendar Number 454, Senate Print Number 2921-A; 19 By Senator Skelos, page 15, 20 Calendar Number 439, Senate Print Number 589-A; 21 By Senator Alesi, page 24, 22 Calendar Number 733, Senate Print Number 3573-A; 23 By Senator Wright, page 25, 24 Calendar Number 734, Senate Print Number 4224; 25 By Senator Cook, page 28, 5638 1 Calendar Number 793, Senate Print Number 3426; 2 By myself, on page 28, Calendar 3 Number 803, Senate Print 1603-B; 4 By you, Mr. President, on page 5 40, Calendar Number 1135, Senate Print Number 6 2244; 7 By Senator Leibell, on page 19, 8 Calendar Number 574, Senate Print 3674; and 9 By Senator Bruno, on page 40, 10 Calendar Number 1154, Senate Print Number 5254 11 B. 12 ACTING PRESIDENT KUHL: The 13 amendments are received and adopted. Bills will 14 retain their place on the Third Reading 15 Calendar. 16 Senator Rath. 17 SENATOR RATH: Mr. President, on 18 page 48, I offer the following amendments to 19 Calendar 1216, Senate Print 4851, ask that the 20 bill retain its place on Third Reading 21 Calendar. Please remove the sponsor's star. 22 ACTING PRESIDENT KUHL: 23 Amendments to Calendar 1216 are received and 24 adopted and the star will be removed from the 25 bill at the request of the sponsor. 5639 1 Senator Marcellino. 2 SENATOR MARCELLINO: Yes, Mr. 3 President. I wish to call up Senator Saland's 4 bill, Print Number 2703-A recalled from the 5 Assembly which is now at the desk. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 982, by Senator Saland, Senate Print 2703-A, an 10 act to amend the Vehicle and Traffic Law. 11 SENATOR MARCELLINO: Mr. 12 President, I now - 13 ACTING PRESIDENT KUHL: Senator 14 Marcellino. 15 SENATOR MARCELLINO: I now move 16 to reconsider the vote by which this bill was 17 passed. 18 ACTING PRESIDENT KUHL: Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 60. 23 ACTING PRESIDENT KUHL: Senator 24 Marcellino. 25 SENATOR MARCELLINO: I now offer 5640 1 the following amendments, Mr. President. 2 ACTING PRESIDENT KUHL: 3 Amendments received and adopted. 4 Senator Holland. 5 SENATOR HOLLAND: Mr. President, 6 on behalf of Senator Maziarz, on page number 17, 7 I offer the following amendments to Calendar 8 Number 498, Senate Print Number 403, and ask 9 that the said bill retain its place on the Third 10 Reading Calendar. 11 ACTING PRESIDENT KUHL: 12 Amendments to Calendar Number 498 are received 13 and adopted. The bill will retain its place on 14 the Third Reading Calendar. 15 Senator Holland. 16 SENATOR HOLLAND: On behalf of 17 Senator Tully, on page number 31, I offer the 18 following amendments to Calendar Number 869, 19 Senate Print Number 5141, and ask that the said 20 bill retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT KUHL: 23 Amendments to Calendar 869 are received and 24 adopted. The bill will retain its place on the 25 Third Reading Calendar. 5641 1 Senator Holland. 2 SENATOR HOLLAND: Mr. President, 3 on behalf of Senator Farley, on page number 34, 4 I offer the following amendments to Calendar 5 Number 976, Senate Print Number 1816, and ask 6 that the said bill retain its place on the Third 7 Reading Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments to Calendar Number 976 are received 10 and adopted. The bill will retain its place on 11 the Third Reading Calendar. 12 Senator Holland. 13 SENATOR HOLLAND: Mr. President, 14 on behalf of Senator Larkin, on page number 8, I 15 offer the following amendments to Calendar 16 Number 199, Senate Print Number 1724-A, and ask 17 that the said bill retain its place on the Third 18 Reading Calendar. 19 ACTING PRESIDENT KUHL: 20 Amendments to Calendar 199 are received and 21 adopted. The bill will retain its place on the 22 Third Reading Calendar. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Mr. 25 President, on behalf of Senator Levy, please 5642 1 remove a sponsor's star from Calendar Number 2 376. 3 ACTING PRESIDENT KUHL: The star 4 is removed on Calendar Number 376 at the request 5 of the sponsor. 6 Senator Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, I move that the following bills be 9 discharged from their respective committees and 10 be recommitted with instructions to strike the 11 enacting clause: On behalf of Senator Goodman, 12 Bill Number 3658. 13 ACTING PRESIDENT KUHL: All 14 right. The Assembly bill will be recommitted and 15 the Senate bill is restored. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, I move to amend Senate Bill Number 19 476-A by striking out the amendments made on 20 6-18 and restoring it to its original Print 21 Number 476, Calendar Number 223. 22 ACTING PRESIDENT KUHL: The 23 motion is granted. 24 SENATOR GOLD: Mr. President. 25 ACTING PRESIDENT KUHL: Senator 5643 1 Oppenheimer. 2 SENATOR OPPENHEIMER: I'd like 3 unanimous consent to be recorded in the negative 4 on 1317, please. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, Senator 7 Oppenheimer will be recorded in the negative on 8 Calendar Number 1317. 9 Senator Marcellino. 10 SENATOR MARCELLINO: On a 11 positive note, on behalf of Senator Skelos, Mr. 12 President, on page number 46, I offer the 13 following amendments to Calendar Number 223, 14 Senate Print Number 476, and ask that the said 15 bill retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT KUHL: 18 Amendments to Calendar Number 223 are received 19 and adopted. The bill will retain its place on 20 the Third Reading Calendar. The clerk will read 21 the substitutions at the desk. 22 THE SECRETARY: Senator Hannon 23 moves to discharge from the Committee on Rules 24 Assembly Bill Number 7056-A and substitute it 25 for the identical Third Reading Calendar 773, 5644 1 and on page 36, Senator Levy moves to discharge 2 from the Committee on Rules Assembly Bill Number 3 6095 and substitute it for the identical Third 4 Reading Calendar 1003. 5 ACTING PRESIDENT KUHL: 6 Substitutions are ordered. 7 Senator Bruno. 8 SENATOR BRUNO: Can we return to 9 reports of standing committees and at this time 10 accept the report of the Rules Committee. 11 ACTING PRESIDENT KUHL: We'll 12 return to the order of reports of standing 13 committees. There is a Rules report at the 14 desk. I'll ask the Secretary to read. 15 THE SECRETARY: Senator Bruno, 16 from the Committee on Rules, reports the 17 following bill direct for third reading: 18 Senate Print 5553, by the Senate 19 Committee on Rules, an act to enact the Rent 20 Regulation Reform Act of 1997. 21 ACTING PRESIDENT KUHL: Motion is 22 to accept the report of the Rules Committee. 23 All those in favor signify by saying aye. 24 (Response of "Aye.") 25 Opposed nay. 5645 1 (There was no response. ) 2 The Rules report is accepted. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, 5 can we at this time take up Calendar Number 6 1318. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the substitution which is at the 9 desk. 10 THE SECRETARY: Senator Bruno 11 moves to discharge from the Committee on Rules 12 Assembly Bill Number 8346 and substitute it for 13 the identical Third Reading Calendar 1318. 14 ACTING PRESIDENT KUHL: 15 Substitution is ordered. Secretary will read 16 the title. 17 THE SECRETARY: Calendar Number 18 1318, by the Assembly Committee on Rules, 19 Assembly Print 8346, an act to enact the Rent 20 Regulation Reform Act of 1997. 21 ACTING PRESIDENT KUHL: Senator 22 Bruno. 23 SENATOR BRUNO: Is there a 24 message of necessity at the desk, Mr. President? 25 ACTING PRESIDENT KUHL: There 5646 1 is. 2 SENATOR BRUNO: Move we accept 3 the message. 4 ACTING PRESIDENT KUHL: Motion is 5 to accept the message of necessity on Calendar 6 Number 1318. All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 The message is accepted. The 11 bill is before the house. 12 Secretary will read the last 13 section. 14 SENATOR CONNOR: Explanation. 15 ACTING PRESIDENT KUHL: Senator 16 Bruno, an explanation of 1318 has been requested 17 by the Minority Leader, Senator Connor. To whom 18 would you like the explanation directed? 19 SENATOR BRUNO: Mr. President, I 20 believe the chair of the Housing Committee in 21 the Senate, Senator Leibell. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Leibell for an explanation. 24 SENATOR BRUNO: Thank you for 25 (unintelligible) - 5647 1 SENATOR LEIBELL: Thank you very 2 much, Mr. President. 3 This session has been dominated 4 by only a couple of issues. We are here to 5 night to conclude business on one of those 6 issues. 7 Some months ago, in the time 8 frame of last December and January, the Senate 9 Majority Leader, Senator Bruno, brought to the 10 floor an issue that has been before this body in 11 the past, and an issue that involved a great 12 deal of controversy. 13 I initially start by commending 14 our leader, Senator Bruno, for bringing this 15 issue to the attention not only of this 16 legislative body, but to all the people of the 17 state of New York. Of course, I'm talking about 18 rent regulations. 19 This is a critically important 20 issue because it affects the quality of life of 21 millions of New Yorkers. We have been plagued 22 in this state over many years now by a grossly 23 inadequate supply of housing. We have the 24 lowest percentage of home ownership in the 25 nation. We have a housing supply that is 5648 1 rapidly deteriorating. 2 Many of us have searched for 3 reasons as to why this has occurred and 4 similarly sought solutions as to how we could 5 cure this great ill. There are many areas of 6 our cities, especially our largest city, where 7 you will find housing that is reminiscent in 8 squalor to what existed one hundred years ago. 9 We have been greatly concerned 10 with the impact of our regulatory system, our 11 laws and those regulations that control housing 12 throughout much of our urban areas, especially 13 New York City. 14 Tonight we are here for some 15 dramatic changes in the existing laws, changes 16 that probably satisfy almost no one, but changes 17 that are nonetheless dramatic and reflect an 18 opportunity for us and for our great state to 19 move ahead into a new future and create a new 20 and better housing supply for all of New 21 Yorkers. 22 The legislation we have before us 23 tonight has not been easily achieved. It is 24 only just now passed in the state Assembly. It 25 is legislation which has been the result of many 5649 1 hundreds of hours of work by our leadership, our 2 members, and our staff. There are numerous key 3 areas that have been changed. 4 Initially I should note that 5 there are a number of extenders and, in fact, 6 this legislation will extend, if enacted, for 7 six years. We have expanded luxury decontrol. We 8 have provided for rent adjustments, establishing 9 new and enhanced rent adjustments for owners 10 upon vacancy. 11 We have amended the rules of 12 succession. We have provided limits on 13 regulating new construction. Most significantly 14 and as proposed by our Governor, we have a new 15 section of the Penal Law providing for 16 harassment of a rent-regulated tenant. 17 We have also seen enacted here 18 and included in this legislation proposals 19 concerning a deposit of rent, which is an issue 20 we have debated in this chamber previously. We 21 also have a variety of regulatory reforms which 22 hopefully will make it easier not only for those 23 who own buildings to operate, but also will make 24 it easier for those who live within those 25 units. 5650 1 ACTING PRESIDENT KUHL: Senator 2 Connor. 3 SENATOR CONNOR: Thank you, Mr. 4 President. 5 We have seen these past months in 6 this Capitol a struggle not about philosophy 7 because, as I made it plain here on April 7th, 8 when the Democrats in this house moved to extend 9 the rent law so we could study them further and 10 we could reject what was viewed by tenants as a 11 threat to back them up against the deadline, I 12 pointed out that I, too, and Democrats in 13 general believe that a true free market system 14 with protections for safety against harassment 15 would always be preferable to some sort of 16 system of regulation, but that there was really 17 no supply that would allow someone to wave a 18 magic wand and end rent regulation. 19 We now have before us a bill 20 that's a product of this struggle, and I would 21 like to, first of all, Mr. President, thank all 22 of my colleagues on the Democratic side of the 23 aisle for holding fast, standing tall and 24 remaining committed to ensuring that the tenants 25 in New York State continued to be protected and 5651 1 had our support against the threats laid down as 2 early as December to simply end all rent 3 regulation and let all laws expire. I 4 appreciate that support. 5 I know in the other house, I'm 6 sure, the leadership there, the Speaker, 7 appreciates that unified effort. I'd like to 8 thank the tenant organizers who did such an 9 effective job not only in getting bodies and 10 picket lines and all that, but in making the 11 case on the merits, in pointing out the real 12 facts, because at some point, at some point, 13 this struggle became a battle between extremist 14 ideology, the idea that ideology said do this, 15 so ignore the fact and do it, and the reality 16 and we owe those tenant leaders and the many 17 tenants we heard from, our thanks for bringing 18 to the public fore, the realities of life in New 19 York City, Westchester, Nassau County and 20 elsewhere, the reality of life for tenants in a 21 scarce housing market. 22 I'd like to thank Mike McKee and 23 Billy Easton and Martin Brennan for their 24 efforts in participatory democracy in getting 25 the tenants involved. I'd certainly like to 5652 1 congratulate Speaker Silver, my partner in 2 representing the Lower East Side, and our 3 leader, in standing fast against the threats to 4 eliminate all protections. 5 This bill that's before us, Mr. 6 President, is important, yes, for what it 7 contains, but it's more important for what it is 8 not. 9 It is not an end to protection 10 for our tenants. It is not an end to standing 11 against the greed that can sometimes - 12 sometimes affect some people who find themselves 13 the owners of a scarce commodity, in this case 14 certainly one of the necessities of life, rental 15 housing, shelter in a large metropolitan area. 16 Mr. President, the public in this 17 state knows, the public in this state knows well 18 that those things in this bill that might 19 disadvantage tenants are there because of the 20 Governor and the Republican leadership in this 21 house, and the public in this state, Mr. 22 President, knows that the reason we have 23 protections at all, the reason there is a bill 24 is due to the Democratic leadership in the 25 Assembly and indeed to the Democrats in this 5653 1 house, who stood unified. That's the reality of 2 this struggle. 3 As our own Governor Pataki said 4 when finally seeing the light, this bill is a 5 victory over the extremists who would have ended 6 all rent protection and we know, Mr. President, 7 from what quarters those extreme threats have 8 emanated in these past months. 9 Yes, Mr. President, there are 10 winners and losers, but the biggest winners are 11 the tenants in New York State. They're winners 12 for what did not happen as well as for what did 13 happen with respect to this bill. 14 Mr. President, there are good 15 things in this bill. There are things that are 16 balanced, things that Democrats urged. We urged 17 early on, let's look at specific things to help 18 small, struggling landlords and there are things 19 in here. That's a good thing. 20 There are other things in here, 21 when I spoke to this issue in April I said 22 there's more wrong with the New York City 23 housing market than simply rent regulation. 24 Maybe -- maybe 50 years ago they went down the 25 wrong road, but the fact is, the reality today 5654 1 is we need more housing units and indeed as we 2 all know, you could build new housing, you could 3 build new rental units and have it totally free 4 from rent regulation, but one of the things I 5 encountered in talking to developers around New 6 York City -- and indeed I did go, I talked to 7 them -- was that the problem with that is you 8 couldn't get financing. You couldn't get 9 financing, not because the building they wanted 10 to build would be subject to present rent laws 11 but the fear that somehow or other a later 12 edition of the rent laws would cover them and, 13 therefore, make their investment less secure for 14 the financers. 15 There's a provision in here, Mr. 16 President, that I think is good, permitting 17 developers to have a 50-year contractual 18 relationship guaranteeing that for that new 19 construction there won't be rent regulation for 20 50 years. That's good. Let them take that 21 contract. Let them borrow millions. Let them 22 build housing. Let us create enough units that 23 we don't have to worry about anything other than 24 good strong penal laws against harassment or 25 other laws in favor of fairness and a truly 5655 1 competitive market that's indeed a tenants' 2 market, not a landlords' market. 3 Mr. President, as we conclude now 4 with this bill, this struggle, it's clear who 5 the winners were. It's clear who the losers 6 were. I look at the roll call in the Assembly. 7 I see that most Republicans were against this 8 law. That assures me that voting in favor of 9 this is the right thing to do. 10 Thank you, Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Waldon. 13 SENATOR WALDON: Mr. President, 14 my colleagues, this is a rare exception for me 15 when I can stand up and ask my Republican 16 colleagues to join with me and those in the 17 Democratic Conference in doing the right thing. 18 It is clearly evident that the tenants won. 19 They have been held in hostage for a long time, 20 but it appears that Speaker Silver, as did Moses 21 centuries ago, went down into the valley and 22 told Pharaoh to let his people go, and we have a 23 bill, a bill which reflects the needs and the 24 interests of the tenants of New York City and 25 its environs and, in fact, the entire state of 5656 1 New York. 2 I'm going to be brief, and I'm 3 going to be gone. We have a train acoming. The 4 number on that train is 1997. It is not the 5 Orient Express, which is for those who have 6 great wealth and luxuriate themselves. The name 7 of this train is the People's Express. Most of 8 the ridership are tenants. The supporters of 9 those tenants as conductors, the people who load 10 the baggage for the Democratic Senators in this 11 house, and I think this train is going to travel 12 the breadth of this state, and what it is saying 13 as it passes from town to town is, Do not forget 14 who held you hostage. Do not forget who caused 15 you to come to Albany. Do not forget who 16 threatened you in such a sense that people even 17 made death threats surrounding this issue. 18 My colleagues on the other side 19 of the aisle, I welcome you with open arms to 20 join me on this issue and vote as my conscience 21 will allow me to vote this time and vote for 22 this bill. 23 Thank you very much, Mr. 24 President. 25 ACTING PRESIDENT KUHL: Any other 5657 1 Senator wishing to speak on the bill? 2 Senator Markowitz. 3 SENATOR MARKOWITZ: Let me -- let 4 me just say that this experience has been like 5 -- an experience like when you need a root 6 canal. It's not something you ask for. You go 7 through a lot of pain. It could have been 8 worse, I guess. They could have pulled our 9 tooth, so the tooth was saved. 10 Let me just say that perhaps from 11 this evening on, the Republican Majority that 12 seems so overwhelmingly interested in the 13 problems of rental housing in New York City that 14 perhaps you might continue to show your interest 15 in some other concerns that face New York City 16 residents, the problems of homelessness and 17 poverty, the problems of race relations, the 18 problems of sexual biases, the problems of 19 medically underserved, of schools that are over 20 crowded and bursting at their seams where too 21 many of our kids are left behind. Those are the 22 kind of concerns that your biggest city in this 23 state needs. 24 Senator Kuhl, you've got a piece 25 of legislation that I never paid attention to 5658 1 before this effort this year, but I think I'm 2 beginning to see more and more that that piece 3 of legislation that you offered has a tremendous 4 amount of wisdom, because I'm not convinced 5 that those from regions outside of the city and 6 their city really understand what our problems 7 are, really understand the kind of life we lead 8 in a city where we live close to each other as 9 opposed to having the -- the ability, the luxury 10 whatever, of living in an area where you're not 11 up against each other but have some property 12 between each other. 13 I think there's a real difference 14 and it's hard for you to understand what we face 15 every day in our lives as for some of us it's 16 hard for us to understand what you face every 17 day of your lives, and so maybe there's a lot of 18 good in the legislation that you have proposed 19 to this state. 20 Insofar as campaign reform laws, 21 that movie where Mr. Cuba Gooding said, "Show me 22 the money." I'm concerned that we need real 23 campaign reform laws, and this is true on this 24 issue and who knows what future issues may come 25 before us. We need real campaign finance laws 5659 1 so that when we vote on issues that affect 2 people across the state that we do so out of a 3 conviction of our faith, out of a conviction of 4 our beliefs and out of our consciousness at all 5 times when we vote on issues. 6 I'm going to follow my Senate 7 Minority Leader; I'm going to follow him and his 8 recommendations. I'm going to follow Vito Lopez 9 who worked very, very hard in the New York State 10 Assembly and Sheldon Silver, let's face it, for 11 all the tenants in New York City, and I'm one of 12 them proudly. This is the best under the 13 conditions that we have in this government 14 today. This is the best they could do for us. 15 And so, Marty Connor, this is a victory, it is a 16 victory because it leads for the greatest 17 numbers of us that are tenants in New York City 18 that pay what I consider to be rents that are 19 almost affordable, this will allow us to 20 continue to at least have the assurance that 21 we'll continue to be able to live and be able to 22 pay the rent to the best way we can. 23 But I hope, Senator Connor, I 24 hope that tenants will not forget why we're here 25 and what we're doing this evening. Never 5660 1 forget, and perhaps we'll be able to say in the 2 future, never again. 3 ACTING PRESIDENT KUHL: Senator 4 Abate. 5 SENATOR ABATE: Because of the 6 lateness of the hour, I will explain my vote. 7 ACTING PRESIDENT KUHL: Is there 8 any other Senator on the Minority side wishing 9 to speak? 10 Senator Bruno to close for the 11 Majority. 12 SENATOR BRUNO: Thank you, Mr. 13 President. 14 Mr. President, we are about to 15 take a vote on something that will change the 16 complexion of the housing stock in New York 17 City. It will change it in a very positive 18 way. It's a fair and balanced approach. 19 I am sorry to hear my colleagues 20 talk about winners and losers, and I'm sorry to 21 hear about the politics of an issue as serious 22 as this one as far as the people of the city and 23 the state. 24 This was not about politics. 25 This was not pandering to any particular 5661 1 constituency. This was about fixing something 2 that needs and needed to be fixed. I am proud 3 of my colleagues; I am proud of our Governor and 4 I am proud of what we are doing here because we 5 are creating balance. We are creating equity 6 and we have not politicized the process, and I 7 think it's very unfortunate that my colleagues 8 here, Democrats on this side of the aisle, see 9 fit to use this issue in a political way, 10 panicking tenants, scaring tenants for months. 11 Mr. President, what we do here 12 tonight, we could have done months ago, and I 13 want to make that clear, months ago. We didn't 14 have to wait until this law had been expired for 15 four days. We didn't have to do that. The 16 Governor suggested and recommended a program 17 that would protect every tenant in the City in 18 regulated housing except for about one percent 19 of the population who are the wealthy. 20 We adopted that stance and that 21 posture to protect all of the tenants in the 22 City. So let's not hear about scaring people 23 out of their homes, forcing people out of their 24 homes, politicizing an issue going forward, 25 because it is not appropriate; it is not proper 5662 1 and it is not true. And we for months have said 2 that we wanted to pass legislation that would 3 protect every tenant except for a few of the 4 very wealthy that shouldn't be subsidized, don't 5 need to be subsidized by other people in the 6 City or in this state. 7 So I make this statement, Mr. 8 President, and I wasn't going to speak on the 9 issue because enough has been said. And the 10 hour is late, but I just want to conclude by 11 saying that we are doing something here and 12 we're doing it together. We're doing it on both 13 sides of the aisle, and we're doing it with the 14 Speaker and with the Governor. And what are we 15 doing? We are doing something that will, short 16 term and long term, improve the quality of life 17 for the people in New York City and for the 18 people of this state. 19 So I think that's something that 20 all of us can relate to and that all of us can 21 be proud of. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: Secretary 24 will read the last section. 25 THE SECRETARY: Section 2. This 5663 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 ACTING PRESIDENT KUHL: Senator 6 Leichter, to explain his vote. 7 SENATOR LEICHTER: Mr. President, 8 of course, the hour is late because whenever we 9 take up a bill of some significance or 10 importance, whether it be a budget or a bill of 11 this sort, the hour is always late. It's after 12 the deadline of the reporters. It's after many 13 of us are exhausted, and it's presented to us 14 with very little time to really look at and 15 analyze. 16 The fact of the matter is that 17 right now we have no protection for over 2 18 million tenants, and they deserve and they 19 require protection and for this reason I'm going 20 to support the bill. 21 But let me just say that when 22 Senator Bruno says, don't politicize it, why are 23 people scared. 2.4 million tenants were put up 24 against the wall. Somebody said, ready, aim, 25 but fortunately they were never able to pull the 5664 1 trigger. They weren't able to pull the trigger 2 because of the determined fight of the tenants, 3 because of the stand that the Assembly Majority 4 did and the Speaker. But the fact is that 5 tenants were frightened, and they had every 6 reason to be frightened because there was a 7 determined effort fueled in large part by very 8 substantial campaign contributions by landlords 9 to push rent regulation over the brink. 10 The fact that not only are we 11 protecting tenants, but we are saving affordable 12 housing, and the Majority in this house with a 13 few exceptions, never understood that it wasn't 14 just protecting the tenants now in possession, 15 it was a matter of protecting affordable 16 housing, a very scarce commodity. 17 So, Mr. President, there are many 18 things in this bill that I think are going to be 19 harmful, harmful not just to tenants, harmful to 20 the city of New York, harmful to other 21 communities, harmful to the family of New York, 22 but the main fact and the key fact is that those 23 who wanted to destroy all rent protection 24 failed. We do have rent protections 25 substantially preserved in New York State. 5665 1 For that reason, I vote in the 2 affirmative. Thank you. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter will be recorded in the affirmative. 5 Senator Abate to explain her 6 vote. 7 SENATOR ABATE: Yes. Tonight 8 will be a night that I believe will be long 9 remembered particularly as a night that I 10 believe we averted disaster, particularly for 11 New York City. 12 Those of us who fought hard to 13 ensure, not to protect a system or protect a law 14 but to ensure that there was decent and 15 affordable housing in New York City, fought long 16 and hard and those of you in this room know who 17 was on the side of tenants, fought hard because 18 we understood what it meant if vacancy decontrol 19 came into place, or the Governor's plan became 20 law, because it was not just about protecting 21 those individuals who are currently in this 22 housing, but it was to protect the next 23 generation of seniors and of middle income 24 people and working class people and young people 25 and disabled, because we needed to ensure that 5666 1 they remained a part of our rich and diverse 2 fabric of our city. 3 We also understood that we had a 4 commitment to support strong and stable 5 neighborhoods so that people could live in those 6 neighborhoods for a long period of time and 7 invest in those neighborhoods. So I believe 8 today, tomorrow will come, another issue will 9 come before us, but the tenants will remember 10 for a long time who fought for them, who made 11 sure that affordable housing would remain 12 constant in this city. 13 This is just a short-term fight. 14 I believe there will be other tenants' issues 15 and we need to remain vigilant so that working 16 class and middle income people have economic 17 opportunities as well as housing opportunities 18 in every community around the city. We should 19 not divert from our ultimate task, which is to 20 build affordable housing. 21 We talk about economic 22 development. We talk about jobs. We talk about 23 opportunity for everyone. Let's not lose sight 24 of the goal in mind and that is to build 25 housing, and we must do that. I hope we discuss 5667 1 it in this session and if not this session, as 2 early as possible next year. 3 ACTING PRESIDENT KUHL: How do 4 you vote, Senator Abate? 5 SENATOR ABATE: I vote yes. 6 ACTING PRESIDENT KUHL: Senator 7 Abate will be recorded in the affirmative. 8 Senator Goodman, to explain his 9 vote. 10 SENATOR GOODMAN: Mr. President, 11 I think it's generally known that there are a 12 number of us on this side who had views that 13 were not congruent with those of the Majority, 14 and enough has been said to indicate the 15 sincerity of purpose on both sides. 16 I would like to point out, 17 however, that this bill does achieve a degree of 18 protection for those of us who had great concern 19 about the constituents within our own Senatorial 20 Districts and within our city and, therefore, I 21 think this is a step in the right direction; but 22 I am reminded that it was Winston Churchill who 23 said that democracy is the worst form of 24 government known to man except for all the 25 others, and in our own bizarre and curious 5668 1 fashion we've gone a long route to achieve what 2 I perceive as a bill essentially to preserve the 3 status quo. 4 Let's make no mistake about it, 5 what has been done tonight is no panacea. There 6 are at this very moment 30,000 backlog requests 7 for tenant adjustment of rents before DHCR in 8 Albany. There are some $62 million of claims of 9 tenants who believe that they've been improperly 10 charged, which have, in some instances been 11 pending for over ten years which have not been 12 touched. 13 There is a housing stock which is 14 in continuous decay and from which there can be 15 no long-range recovery unless we do find the 16 means by which to stimulate new housing 17 construction. Government has the tools with 18 which to accomplish this. We've proven in the 19 past that with selective and targeted tax 20 abatements, we can stimulate construction and 21 help the middle class to survive in decency and 22 in appropriate living conditions. 23 And finally, Mr. President, I'd 24 like to say that there is still continuing 25 concern about certain provisions of this bill 5669 1 which surfaced, frankly, surprisingly to some of 2 us, and to me in particular. In the year 1974 3 we created what was known as the Fair Housing 4 Anti-Demolition Act, which is designed to 5 prevent houses from being -- apartments from 6 being demolished and yet without any prior 7 discussion with any of us, to my knowledge, a 8 proviso was put in this bill which permits the 9 undermining of a portion of that bill. 10 This is regrettable and 11 particularly regrettable is the way this seems 12 to have dropped out of the sky without fair 13 warning. 14 So let it be said there is still 15 much to be done. We must build new housing; we 16 must clean up the bureaucratic mess, and we must 17 see that the rent laws which are now on the 18 books as a result of this bill are properly 19 carried out and justly handled in the interests 20 of all of our citizens. 21 ACTING PRESIDENT KUHL: How do 22 you vote, Senator Goodman? 23 SENATOR GOODMAN: I'm voting in 24 the affirmative. 25 ACTING PRESIDENT KUHL: Senator 5670 1 Goodman will be recorded in the affirmative. 2 Senator Oppenheimer to explain 3 her vote. 4 SENATOR OPPENHEIMER: This is 5 very important for Westchester, because we have 6 a near emergency, I would say, in our county 7 with moderate cost housing. 8 We have for a long time, for at 9 least two decades, been talking about the urgent 10 need to build housing of a moderate cost in our 11 county. We find that most of the personnel that 12 help us in our government like our firemen, our 13 policemen, our teachers, they can not afford to 14 live in our county because the stock is so 15 limited in moderate cost housing, and we do have 16 a problem in the county with -- with communities 17 that do not want to offer a haven for modest 18 cost housing. We call it NIMBY, "not in my back 19 yard." 20 We have to do something to build 21 housing now; otherwise I see that my county may 22 become a county of extremes, of wealthy people 23 and very poor people and no housing for the 24 middle class. So I am looking to -- to -- for 25 help in -- in obtaining assistance in building 5671 1 this housing, but I am very thankful that we 2 have this legislation tonight which will help us 3 to maintain those units that we do have, however 4 insufficient. 5 I would be remiss if I didn't 6 mention one other thing. I feel very distressed 7 at the way government has sort of come to a 8 standstill because of this issue. It points to, 9 that while I know Senator Goodman was saying 10 democracy is the worst form of government but 11 it's the only one we have that's the best of all 12 governments. I'm not getting that right, but 13 you get the clue. 14 The fact is -- it's getting 15 late. The fact is that there were avenues. We 16 could have moved to a conference committee. It 17 would have assisted us, and I hope we will take 18 that as a lesson for the future. 19 ACTING PRESIDENT KUHL: How do 20 you vote, Senator Oppenheimer? 21 SENATOR OPPENHEIMER: Yes. 22 ACTING PRESIDENT KUHL: Senator 23 Oppenheimer will be recorded in the negative. 24 Announce the results. 25 VOICE: Affirmative. 5672 1 THE SECRETARY: Ayes 59, nays 2 one, Senator Gonzalez recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Bruno. 6 SENATOR BRUNO: Mr. President, I 7 believe there are three resolutions at the 8 desk. Can we have the titles read -- by some of 9 our members and they are Senator Saland, Farley 10 and Seward. 11 ACTING PRESIDENT KUHL: Return to 12 the order of motions and resolutions. Secretary 13 will read the title of the first resolution. 14 THE SECRETARY: By Senator 15 Farley, Legislative Resolution 1835, 16 congratulating Stanley and Frances Tonko upon 17 the occasion of their 50th Wedding Anniversary. 18 ACTING PRESIDENT KUHL: Question 19 is on the resolution. All those in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response. ) 24 Senator Rosado, why do you rise? 25 Did you want to speak on the resolution, Senator 5673 1 Rosado? 2 SENATOR ROSADO: No. 3 ACTING PRESIDENT KUHL: The 4 resolution is adopted. Secretary will read the 5 title of the second resolution. 6 THE SECRETARY: By Senator 7 Seward, Legislative Resolution Number 1836, 8 honoring the past and present members of the 9 Oneida Fire Company for 150 years of fire 10 protection to the citizens of Oneida -- Oneonta, 11 New York, and its surrounding communities. 12 ACTING PRESIDENT KUHL: Question 13 is on the resolution. All those in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The resolution is adopted. 19 A little order in the house 20 please. The stenographer is having a very 21 difficult time recording all the statements and 22 the proceedings this evening. So if we could 23 just finish our business, it will only take a 24 couple minutes. 25 Secretary will read the title of 5674 1 the third resolution at the desk. 2 THE SECRETARY: By Senator 3 Saland, Legislative Resolution commending Jane 4 Diamond, principal of SFB, Morris Young Child 5 Magnet School, upon the occasion of her 33rd 6 distinguished year as an educator. 7 ACTING PRESIDENT KUHL: Question 8 is on the resolution. All those in favor signify 9 by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The resolution is adopted. 14 The Chair recognizes Senator 15 Marcellino. 16 SENATOR MARCELLINO: Thank you, 17 Mr. President. 18 On page number 17, I offer the 19 following amendments to Calendar Number 500, 20 Senate Print Number 2860, and ask that said bill 21 retain its place on the Third Reading Calendar. 22 ACTING PRESIDENT KUHL: 23 Amendments to Calendar Number 500 are received 24 and adopted. The bill will retain its place on 25 the Third Reading Calendar. 5675 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Saland, I wish 4 to call up his bill, Print Number 4899, recalled 5 from the Assembly which is now at the desk. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 1084, by Senator Saland, Senate Print 4899, an 10 act to authorize the town of Washington. 11 ACTING PRESIDENT KUHL: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Now move to 14 reconsider the vote by which this bill was 15 passed. 16 ACTING PRESIDENT KUHL: Secretary 17 will call the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 60. 21 ACTING PRESIDENT KUHL: Senator 22 Marcellino. 23 SENATOR MARCELLINO: Mr. 24 President, I offer the following amendments. 25 ACTING PRESIDENT KUHL: 5676 1 Amendments are received and adopted. 2 Chair recognizes Senator 3 Montgomery. Senator Montgomery waives. 4 Chair recognizes Senator Rosado. 5 SENATOR ROSADO: I'd like to be 6 recorded in the negative on the Assembly Bill 7 8346. 8 ACTING PRESIDENT KUHL: Without 9 objection, hearing no objection, Senator Rosado 10 will be recorded in the negative on Calendar 11 Number 346. 12 SENATOR ROSADO: Thank you. 13 ACTING PRESIDENT KUHL: Senator 14 Santiago. 15 SENATOR ROSADO: 8346, Assembly 16 8346. 17 ACTING PRESIDENT KUHL: Assembly 18 Number 8346 is Calendar Number 1318. Thank 19 you. Senator Rosado will be recorded in the 20 negative on Calendar Number 1318. 21 Senator Santiago. 22 SENATOR SANTIAGO: Mr. President, 23 I would like to state for the record that had I 24 been in the chamber on Tuesday, June the 3rd, I 25 would have voted in the negative on Calendar 5677 1 Number 870, Senate Bill 5180, and Calendar 2 Number 920, Senate Bill 3429. 3 ACTING PRESIDENT KUHL: The 4 record will so reflect, Senator Santiago. Is 5 there any other member wishing to make a 6 statement or record a vote? 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, 9 can we at this time, since there is no further 10 business to come before the Senate, I would move 11 that we adjourn until Monday at 3:00 p.m., 12 intervening days to be legislative days. 13 ACTING PRESIDENT KUHL: Without 14 objection, hearing no objection, the Senate 15 stands adjourned until Monday, June 23rd, 3:00 16 p.m., intervening days to be legislative days. 17 (Whereupon at 10:41 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25