Monday, June 23, 1997

5687 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 23, 1997 10 3:10 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 5688 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, the staff to find their 5 places. I'd ask everybody to rise and join with 6 me in saying the Pledge of Allegiance to the 7 Flag and please remain standing for the 8 invocation. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 We're very pleased to be joined 12 by the Reverend Peter G. Young of the Blessed 13 Sacrament Church of Bolton Landing for the 14 invocation. 15 Father Young. 16 REVEREND PETER G. YOUNG: Thank 17 you, Senator. Let us pray. 18 Dear God, as we gather in the 19 Senate chamber on this first week of summer, we 20 sometimes sniffle with the increase in pollen 21 count but then smile as we see the beauty of 22 Your multi-colored flowers. 23 Without Your spring rain and 24 bountiful sunshine, we would have such a drab 25 existence. The seeds that we have guaranteed 5689 1 and germinated brighten our outlook on life. 2 May the bills that are presented 3 today as bills blossom into the seeds of 4 beneficial laws. They will enhance the quality 5 of life for all New York State citizens. 6 May we remember today the prayers 7 of support for the members of the families of 8 the two teens that were just yesterday killed in 9 the train wreck -- or in the train accident in 10 Rochester. Now and forever. Amen. 11 ACTING PRESIDENT KUHL: Thank 12 you, Father Young. 13 The reading of the Journal. 14 THE SECRETARY: In Senate, 15 Sunday, June 22nd. The Senate met pursuant to 16 adjournment. The Journal of Saturday, June 17 21st, was read and approved. On motion, the 18 Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees. 5690 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 The Chair recognizes Senator 6 Farley. 7 SENATOR FARLEY: Thank you, Mr. 8 President. 9 On behalf of Senator Levy, would 10 you please remove the sponsor's stars from 11 Calendar Number 993 and 1018. 12 ACTING PRESIDENT KUHL: The stars 13 on Calendar Number 993 and 1018 are removed at 14 the request of the sponsor. 15 Senator Farley. 16 SENATOR FARLEY: On behalf of 17 Senator Johnson, Mr. President, I move to 18 recommit Legislative Resolution 1636 to the 19 Committee on Finance. 20 ACTING PRESIDENT KUHL: The 21 resolution is recommitted. 22 SENATOR FARLEY: On behalf of 23 Senator Hannon, Mr. President, on page 27, I 24 offer the following amendments to Calendar 25 Number 781, Senate Print 5038, and I ask that 5691 1 that bill retain its place on the Third Reading 2 Calendar. 3 ACTING PRESIDENT KUHL: The 4 amendments are received and adopted. The bill 5 will retain its place on the Third Reading 6 Calendar. 7 Senator Farley. 8 SENATOR FARLEY: On behalf of 9 Senator LaValle, on page 38, I offer the 10 following amendments to Calendar 1054, Senate 11 Print 4389, and I ask that that bill retain its 12 place. 13 ACTING PRESIDENT KUHL: The 14 amendments to Calendar Number 1054 are received 15 and adopted. The bill will retain its place on 16 the Third Reading Calendar. 17 Senator Farley. 18 SENATOR FARLEY: On behalf of 19 Senator Holland, Mr. President, on page 12, I 20 offer the following amendments to Calendar 339, 21 Senate Print Number 453-B, and I ask that that 22 bill retain its place. 23 ACTING PRESIDENT KUHL: The 24 amendments to Calendar Number 339 are received 25 and adopted and the bill will retain its place 5692 1 on the Third Reading Calendar. 2 Senator Farley. 3 SENATOR FARLEY: Mr. President, 4 on behalf of Senator Marchi, I move to amend 5 Senate Bill Number 2877-C, by striking out the 6 amendments made on June 20th and restoring it to 7 its previous print which was 2877-B. 8 ACTING PRESIDENT KUHL: The 9 amendments are stricken and the bill is 10 restored. 11 Senator Wright, did you have a 12 motion? 13 SENATOR WRIGHT: Thank you, Mr. 14 President. 15 I wish to call up my bill, Print 16 Number 731, recalled from the Assembly which is 17 now at the desk. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Wright, Senate Print 731, an act to legalize, 22 ratify and confirm. 23 ACTING PRESIDENT KUHL: Senator 24 Wright. 25 SENATOR WRIGHT: Mr. President, I 5693 1 now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT KUHL: The 4 Secretary will call the roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT KUHL: Senator 9 Wright. 10 SENATOR WRIGHT: Mr. President, I 11 now offer the following amendments. 12 ACTING PRESIDENT KUHL: The 13 amendments are received and adopted. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, I 16 believe there's privileged Resolution 1879 at 17 the desk sponsored by Senator Velella. May we 18 please have the title read and I move for its 19 immediate adoption. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the title to privileged 22 Resolution Number 1879 by Senator Velella. 23 THE SECRETARY: By Senator 24 Velella, Legislative Resolution honoring Audrey 25 Hoffman Bills upon the occasion of her 5694 1 retirement after 38 years of state service. 2 ACTING PRESIDENT KUHL: The 3 question is on the resolution. All those in 4 favor signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The resolution is unanimously 9 adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, I 12 believe there's privileged Resolution 1878 at 13 the desk by Senator Lachman. May we please have 14 the title read and I move for its immediate 15 adoption. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the title to privileged 18 Resolution 1878 by Senator Lachman. 19 THE SECRETARY: By Senator 20 Lachman, Legislative Resolution commemorating 21 the 70th Anniversary of the Coney Island Cyclone 22 Roller Coaster. 23 ACTING PRESIDENT KUHL: The 24 question is on the resolution. All those in 25 favor signify by saying aye. 5695 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the Rules 8 Committee in the Majority Conference Room and if 9 we could take up the non-controversial calendar 10 at this time. 11 ACTING PRESIDENT KUHL: There 12 will be an immediate meeting of the Rules 13 Committee, an immediate meeting of the Rules 14 Committee in the Majority Conference Room, Room 15 332. 16 The Secretary will read the 17 non-controversial calendar. 18 THE SECRETARY: Calendar Number 19 137, by Senator Spano, Senate Print 689-A, an 20 act to amend the General Business Law and the 21 Executive Law, in relation to the licensing of 22 armored car carriers. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 6. This 5696 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 267, by Senator Cook, Senate Print 2647-A, an 10 act to amend the General City Law, the Town Law 11 and others, in relation to the adoption of 12 certain local laws. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 40. This 16 act shall take effect on the same date as a 17 chapter of the Laws of 1997. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 356, by Senator Cook, Senate Print 2649-A, an 5697 1 act to amend the General Municipal Law, in 2 relation to the intergovernmental coordination 3 of certain municipal zoning and planning 4 actions. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the same date as a 9 chapter of the Laws of 1997. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 426, by Senator Levy, Senate Print 3553-A, an 18 act to amend the Vehicle and Traffic Law, in 19 relation to pedestrians right of way and 20 crosswalks. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 90th day. 25 ACTING PRESIDENT KUHL: Call the 5698 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48, nays 1, 4 Senator Kuhl recorded in the negative. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 473, by Senator Volker, Senate Print 1587-A, an 9 act to amend the Executive Law, in relation to 10 the written statement of the crime victim. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first day of 15 January. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 491, by Senator DeFrancisco, Senate Print 479-B, 24 an act to amend the Public Health Law, in 25 relation to the establishment or incorporation 5699 1 of hospitals. 2 SENATOR PATERSON: Lay that 3 aside, please. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside at the request of the Acting Minority 6 Leader. 7 THE SECRETARY: Calendar Number 8 595, by Senator Maziarz, Senate Print 4049, an 9 act to amend the Real Property Tax Law, in 10 relation to partial payments of taxes. 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 49. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 604, by Senator Meier, Senate Print 3937-A, an 23 act to authorize the town of Paris to convey 24 certain parklands. 25 SENATOR MEIER: Lay it aside for 5700 1 the day. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside for the day at the request of the 4 Acting Majority Leader. 5 THE SECRETARY: Calendar Number 6 705, by member of the Assembly Dinowitz, 7 Assembly Print 2164, an act to amend the Private 8 Housing Finance Law, in relation to increasing 9 the secondary wage earners exemption. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect in 90 days. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 49. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 718, by Senator Maltese, Senate Print 4880, an 22 act to amend the Real Property Tax Law, in 23 relation to tax credits for security 24 improvements. 25 ACTING PRESIDENT KUHL: The 5701 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 THE SECRETARY: Ayes 49. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 737, by Senator Wright, Senate Print 4779-A, an 12 act to amend the Vehicle and Traffic Law, in 13 relation to the definition of drug. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect in 30 days. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 SENATOR ONORATO: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 24 bill aside. 25 The motion is to withdraw the - 5702 1 reconsider the vote by which the bill passed the 2 house. 3 The Secretary will call the roll 4 on reconsideration. 5 (The Secretary called the roll on 6 reconsideration.) 7 THE SECRETARY: Ayes 49. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 740, by Senator Lack, Senate Print 588-B, an act 12 to amend the Real Property Actions and 13 Proceeding Law. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 767, by Senator Lack, Senate Print 3480, an act 5703 1 to amend the Public Health Law, in relation to 2 immunity from liability. 3 SENATOR PATERSON: Lay it aside, 4 please. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 772, by the Assembly Committee on Rules, 9 Assembly Print 7557, an act to amend the Public 10 Health Law, in relation to verbal permission to 11 remove a body. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 866, by Senator Cook, Senate Print 4644-A, an 24 act to amend the Criminal Procedure Law, in 25 relation to pleas for certain offenses. 5704 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of 5 November. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 48, nays 1, 10 Senator Kuhl recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 867, by member of the Assembly Sweeney, Assembly 15 Print 1074-C, an act to amend the Penal Law, in 16 relation to possession and sale of fireworks. 17 SENATOR PATERSON: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 881, by member of the Assembly Faso, Assembly 22 Print 5682, an act to amend the Tax Law, in 23 relation to extending the expiration of 24 provisions. 25 ACTING PRESIDENT KUHL: The 5705 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 THE SECRETARY: Ayes 47, nays 2, 8 Senators Dollinger and Gentile recorded in the 9 negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 963, by Senator Levy, Senate Print 608-A, an act 14 to amend the Vehicle and Traffic Law, in 15 relation to instruction for school bus drivers. 16 SENATOR PATERSON: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 983, by Senator Kuhl, Senate Print 3214-A, an 21 act to amend the Highway Law, in relation to 22 designating a portion of State Route 17. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 3. This 5706 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1025, by Senator Kuhl, Senate Print 4184, an act 10 to amend the Agriculture and Markets Law, in 11 relation to the assessment of penalties. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect in 90 days. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1045, by Senator Marchi, Senate Print 3649-B, an 24 act to amend the Limited Liability Company Law, 25 the Partnership Law, the Business Corporation 5707 1 Law. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 SENATOR PATERSON: Lay it aside, 5 please. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1062, by Senator Farley, Senate Print 4732, an 10 act to amend the Banking Law and the General 11 Obligations Law, in relation to penalties for 12 mortgage prepayments. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1082, by Senator Marchi, Senate Print 4767-A, an 18 act to amend the Business Corporation Law, in 19 relation to the organization. 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 24 1152, by Senator LaValle, Senate Print 5139-B, 25 an act to amend the Public Officers Law, in 5708 1 relation to clinical practice. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 49. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1170, by Senator LaValle, Senate Print 3286-A, 14 an act to amend the Civil Rights Law, in 15 relation to genetic tests. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 6. This 19 act shall take effect in 90 days. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 49. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5709 1 THE SECRETARY: Calendar Number 2 1193, by Senator Velella, Senate Print 1972-A, 3 an act to amend the New York City Civil Court 4 Act and the Civil Practice Law and Rules. 5 SENATOR ONORATO: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 For the benefit of the members 9 who are in the chamber, we'll now go to the 10 supplemental active list, beginning with 11 Calendar Number 195. You should have that 12 active supplemental list at your desk. 13 I'll ask the Secretary to 14 continue to call the non-controversial calendar 15 on the supplemental active list. 16 THE SECRETARY: Calendar Number 17 195, by Senator Spano, Senate Print 2486, an act 18 to amend the Labor Law and the Workers' 19 Compensation Law, in relation to the definition 20 of employment. 21 SENATOR ONORATO: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 199, by Senator Larkin, Senate Print 1724-B, an 5710 1 act to amend the County Law, in relation to 2 authorizing county sewer districts in the county 3 of Orange. 4 SENATOR ONORATO: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 258, by Senator Leibell, Senate Print 2859-A, an 9 act to amend the Real Property Law, in relation 10 to certain mortgages. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 3. 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 49. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 259, by Senator Lack, Senate Print 2918-B, an 23 act to amend the Family Court Act, in relation 24 to appeals of cases. 25 ACTING PRESIDENT KUHL: The 5711 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 January. 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 12 265, by Senator Alesi, Senate Print 2872-B, an 13 act to amend the General Business Law, the Civil 14 Practice Law and others, in relation to 15 investment fraud. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect in 120 days. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 49. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5712 1 THE SECRETARY: Calendar Number 2 284, by Senator Volker, Senate Print 365-C, an 3 act to amend Penal Law, in relation to 4 possession of one gram. 5 SENATOR ONORATO: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 439, by Senator Skelos, Senate Print 589-B, an 10 act to amend Penal Law and the Criminal 11 Procedure Law, in relation to providing for life 12 imprisonment. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 12. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 454, by Senator Marchi, Senate Print 2921-B, an 5713 1 act to amend Chapter 395 of the Laws of 1978. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 49. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 522, by member of the Assembly Eve, Assembly 14 Print 4848, an act to amend the Local Finance 15 Law, in relation to the sale of municipal 16 obligations. 17 ACTING PRESIDENT KUHL: There is 18 a home rule message at the desk. The Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 49. 5714 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 734, by Senator Wright, Senate Print 4224-A, an 5 act to amend the Vehicle and Traffic Law, in 6 relation to the suspension of registrations. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the first day of 11 November. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 48, nays 1, 16 Senator Kuhl recorded in the negative. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 811, by Senator Alesi, Senate Print 4609, an act 21 to amend the General Business Law, in relation 22 to the enforcement of arbitration awards. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. This 5715 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 869, by Senator Tully, Senate Print 5141-A, an 10 act to amend the Penal Law, in relation to 11 increasing the criminal penalties for sexual 12 performances by a child. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 12. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 986, by Senator Maziarz, Senate Print 3844, an 5716 1 act to amend the Vehicle and Traffic Law, in 2 relation to the offense of operation while 3 license or privilege is suspended. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1008, by Senator Levy, Senate Print 4710-A, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to failure to obey a police officer's 19 signal to stop. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first day of 24 November. 25 ACTING PRESIDENT KUHL: Call the 5717 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: Calendar Number 7 1100, by Senator Tully, Senate Print 5005-B, an 8 act to amend the Nassau County Civil Divisions 9 Act. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 49. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1216, by Senator Rath, Senate Print 4851-A, an 22 act in relation to creating the local 23 flexibility incentive pilot program. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 5718 1 THE SECRETARY: Section 5. 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 49. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1270, by Senator Marchi, Senate Print 3579, an 11 act to repeal Paragraph (f) of Section 404 of 12 the Not-for-Profit Corporation Law. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect in 30 days. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 49. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Holland, that completes 24 the reading of the non-controversial calendar. 25 SENATOR HOLLAND: Would you wait 5719 1 one second, Mr. President. 2 Okay. Can we just go to the 3 controversial calendar, Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Holland, excuse me. Can we get a little order 6 in the house, please. We've got some business 7 to do. 8 SENATOR HOLLAND: Just go to the 9 controversial calendar, please, Mr. President, 10 the controversial. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the controversial calendar, 13 beginning with Calendar Number 195. 14 THE SECRETARY: Calendar Number 15 195, by Senator Spano, Senate Print 2486, an act 16 to amend the Labor Law and the Workers' 17 Compensation Law, in relation to the definition 18 of employment. 19 SENATOR HOLLAND: Mr. President, 20 that's the wrong one. That's the supplemental. 21 Let's go to the original list, please. 22 ACTING PRESIDENT KUHL: You're 23 entitled to change your mind, Senator Holland. 24 So we'll lay that bill aside. 25 SENATOR HOLLAND: 491, please. 5720 1 ACTING PRESIDENT KUHL: Are you 2 sure that's the one you want to take up now? 3 SENATOR HOLLAND: Almost 4 positive. 5 ACTING PRESIDENT KUHL: All 6 right. The Secretary will call the 7 controversial calendar, beginning with Calendar 8 Number 491. 9 THE SECRETARY: Calendar Number 10 491, by Senator DeFrancisco, Senate Print 479-B, 11 an act to amend the Public Health Law, in 12 relation to the establishment or incorporation 13 of hospitals. 14 SENATOR STACHOWSKI: Explanation. 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco, an explanation has been requested 17 of Calendar Number 491. 18 SENATOR DeFRANCISCO: A few years 19 back we passed a Limited Liability Law that 20 would allow for certain corporations, certain 21 companies and professionals to incorporate under 22 this statute since every other state had it and 23 there's advantageous tax and other benefits for 24 limited liability organizations. 25 This bill had been read not to 5721 1 include hospitals and this bill, all it does is 2 merely include hospitals in the limited 3 liability, that they be eligible to become 4 limited liability companies. 5 SENATOR STACHOWSKI: Mr. 6 President, if the sponsor would yield. 7 ACTING PRESIDENT KUHL: Senator 8 DeFrancisco, do you yield? 9 SENATOR DeFRANCISCO: Yes. 10 ACTING PRESIDENT KUHL: The 11 Senator yields. 12 SENATOR STACHOWSKI: The only 13 concern we seem to have here is could this bill, 14 this limited liability inclusion of hospitals, 15 be used as a way for for-profit hospitals to get 16 their foothold in New York State? 17 SENATOR DeFRANCISCO: Absolutely 18 not. There was extended discussion in the 19 Health Committee on this very issue. This does 20 not allow for that type of situation at all. 21 There would need to be separate legislation. 22 SENATOR STACHOWSKI: The only 23 other point that I would like to make and maybe 24 if the Senator would yield to one other 25 question - 5722 1 ACTING PRESIDENT KUHL: Senator 2 DeFrancisco, do you yield to one other 3 question? 4 SENATOR DeFRANCISCO: Yes. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR STACHOWSKI: Senator, we 8 have three memos in opposition, one from DC 37, 9 one from AFSCME and one from CSEA on the "A" 10 print. Did you address their opposition? 11 SENATOR DeFRANCISCO: I don't 12 know if I addressed their opposition, but if 13 it's based on the fact that for-profit 14 organizations could come in and national 15 organizations under this bill, that opposition 16 is incorrect. 17 SENATOR STACHOWSKI: Thank you. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the bill? 20 (There was no response.) 21 Hearing none, the Secretary will 22 read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 5723 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 491 -- those 5 recorded in the negative on Calendar Number 491, 6 Senators Abate, Connor, Gentile, Gonzalez, 7 Lachman, Leichter, Mendez, Nanula, Onorato, 8 Paterson, Rosado. Ayes 38, nays 11. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 737, by Senator Wright, Senate Print 4779-A, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to the definition of drug. 15 SENATOR PATERSON: Explanation. 16 ACTING PRESIDENT KUHL: Senator 17 Wright, an explanation has been requested on 18 Calendar Number 737. 19 SENATOR WRIGHT: Thank you, Mr. 20 President. 21 The bill amends the Vehicle and 22 Traffic Law to expand the definition of drugs. 23 Currently that definition is defined by 24 reference to a section of the Public Health Law 25 which describes prescribed medications as well 5724 1 as illicit drugs. 2 This definition will expand the 3 definition to include any substance or 4 combination of substances other than alcohol 5 that may impair driving. That could include 6 inhalants, glue and other substances which are 7 commonly abused, as well as certain prescription 8 and over-the-counter products that taken alone 9 or in combination could cause drowsiness and 10 have the potential to affect an individual's 11 performance and driving skills, thereby 12 impairing their operation of a motor vehicle. 13 This language is comparable and 14 consistent with statutes that have now been 15 reflected in 32 different states as well as the 16 District of Columbia. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson, did you hear that explanation? 19 SENATOR PATERSON: Yes, Mr. 20 President. 21 ACTING PRESIDENT KUHL: I'm glad 22 you did. 23 SENATOR PATERSON: Most of it. 24 ACTING PRESIDENT KUHL: I 25 couldn't hear it because there are at least 14 5725 1 conversations going on in this chamber, some by 2 members, some by staff. If you have to have a 3 conversation that's not related to business, 4 please take it out of the chamber. We have a 5 lot of business to do and we can't do it if we 6 can't hear. 7 Senator Paterson. 8 SENATOR PATERSON: Thank you, Mr. 9 President. Thank you very much. 10 I actually could have heard it a 11 lot clearer had your admonition been heeded, Mr. 12 President, and, therefore, I wouldn't have to 13 ask this question. 14 The situation regarding 15 substances where perhaps they are prescription 16 drugs and there are specific written indications 17 as to what they can cause would certainly 18 include them under the definition from my point 19 of view. However -- if Senator Wright would 20 yield for a question. 21 SENATOR WRIGHT: I will, Mr. 22 President. 23 SENATOR PATERSON: However, Mr. 24 President, I find the language in the 25 legislation, while it tries to accomplish a good 5726 1 purpose, overly broad and perhaps creating a 2 circumstance in which a number of individuals 3 could be victimized by the appearance that they 4 willfully violated the law when perhaps they did 5 not. 6 Let me give an example. Cough 7 medicine, an allergy fighter or some kind of 8 substance -- I won't name the over-the-counter 9 titles but really that treat flu symptoms and 10 headaches and that sort of thing, if a person 11 became drowsy after the fact, it might not be 12 necessarily clear that that caused it, nor is it 13 really known that it actually did but if a 14 police officer said, "Have you taken anything" 15 and somebody says, "I took an analgesic" or "I 16 took a Contac" or something like that", under 17 this legislation, I could make a good case as a 18 prosecutor for how this individual has broken 19 the law. 20 Now, certainly anyone who 21 knowingly puts themselves at this risk and then 22 is affected in such a way that it could cause 23 harm to other vehicle operators is certainly 24 culpable under the statute, but I would wish 25 that Senator Wright would explain to us, what 5727 1 would be the need for such a broad 2 interpretation whose net could catch a lot of 3 people who just happen to perhaps be guilty of 4 poor driving and not of having violated what the 5 spirit of the law indicates? 6 SENATOR WRIGHT: Thank you, Mr. 7 President. 8 The issue is to remove the 9 individual from the highway when they're driving 10 in an impaired state and merely the taking of 11 any of those substances, prescribed or 12 non-prescribed, does not adversely affect one's 13 driving ability. It's the issue of impaired 14 driving that has been observed by the officer 15 that in turn would lead to the arrest. 16 Ultimately the issue you're concerned with would 17 be dealt with by experts and expert testimony 18 and it would be dealt with in a case by trial. 19 Our intent is to clearly remove 20 the individual who has either abused the 21 non-prescription medication, taken it in 22 conditions that are contrary to what the 23 recommendations are for that particular 24 medication, have taken them in combination with 25 other non-prescription drugs that result in a 5728 1 circumstance, in effect, that impairs their 2 driving and driving ability as observed by that 3 officer. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Thank you, Mr. 7 President and thank Senator Wright for his 8 explanation. 9 Mr. President, on the bill. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson on the bill. 12 SENATOR PATERSON: I'm convinced 13 by Senator Wright's explanation his intent is 14 certainly understood and what he's trying to 15 accomplish is laudable and something that's long 16 overdue. However, I don't know how a police 17 officer can make the judgment based on the types 18 of medications or the types of substances that 19 we are talking about, that they impair or 20 diminish the capacity of an individual to such 21 an extent that they now become culpable under 22 the statute. We're not just removing people 23 from the road. We're subjecting people to some 24 very serious allegations and some very strong 25 penalties over something that it would take 5729 1 expert witnesses to figure out and yet the 2 split-second decision is actually made by the 3 police officer. I don't know, if I were a 4 police officer, if I would want to try to take 5 on that burden and I don't know as a legislator 6 that I can vote for a piece of legislation that 7 is so broad in its interpretation that it could 8 take a number of people -- and I'm not talking 9 about people who regularly put themselves at 10 risk or people who drive while intoxicated or 11 use substances that are illegal or even people 12 who use prescription medication that they no 13 makes them drowsy and go right out on the road 14 and use it and it's very clear from the package 15 what the ramifications are. We're talking about 16 individuals who may be reacting for a number of 17 reasons and not necessarily those caused by any 18 substance that adulterates their state of mind. 19 We are merely talking about a 20 situation where we've legislated on this issue 21 but now we're basically going over the line. 22 We're actually putting people at risk every time 23 they put their automobile on because, should 24 they perhaps fall asleep or drive erratically or 25 be in an accident, it could have been caused 5730 1 just by the fact that the person was not -- was 2 driving at a time they should not have been, 3 which is poor judgment. It might make them 4 guilty of some other offenses but to add this, 5 which is something that is a judgment that can't 6 be made on a moment's notice, I think doesn't 7 accomplish totally what the bill sets out to 8 do. I think it goes too far and diminishes the 9 case where we really need to tighten up the 10 enforcement of those who drive while under the 11 influence of substances. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the bill? 14 (There was no response.) 15 Hearing none, the Secretary will 16 read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect in 30 days. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT KUHL: Record 23 the negatives and announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 737, Senator 5731 1 Connor, Paterson and Waldon. Ayes 49, nays 3. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 SENATOR LEICHTER: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Leichter, why do you rise? 7 SENATOR LEICHTER: I was recorded 8 in the negative on Calendar Number 491. With 9 unanimous consent, could you see that my vote is 10 recorded in the affirmative on that bill, 11 please. 12 ACTING PRESIDENT KUHL: I would 13 be happy to. Without objection and hearing no 14 objection, Senator Leichter will be recorded in 15 the affirmative on Calendar Number 491. 16 The Secretary will continue to 17 read the controversial calendar. 18 THE SECRETARY: Calendar Number 19 767, by Senator Lack, Senate Print 3480, an act 20 to amend the Public Health Law, in relation to 21 immunity from liability. 22 SENATOR PATERSON: Explanation. 23 ACTING PRESIDENT KUHL: Senator 24 Lack, an explanation of Calendar Number 767 has 25 been requested by the Acting Minority Leader, 5732 1 Senator Paterson. 2 SENATOR LACK: Thank you, Mr. 3 President. 4 This bill was introduced at the 5 request of a group of volunteers in Suffolk 6 County who donate without compensation an 7 extraordinary amount of their time for 8 not-for-profit organizations who care for home 9 bound individuals. They receive no compensation 10 but both they and the organizations are liable 11 in case there are any mistakes, although they're 12 just volunteers and there are many groups all 13 over this state and, indeed, thousands of such 14 organizations which try to provide as much 15 volunteer work as they possibly can and this 16 bill would simply remove them from liability 17 unless there was gross negligence. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson. 20 SENATOR PATERSON: Thank you, Mr. 21 President. 22 This is similar to a piece of 23 legislation that we debated last week and our 24 position remains that when you compare the value 25 of what is happening to the volunteer as opposed 5733 1 to what is happening to the patient, we feel 2 that the Legislature should favor the value of 3 the patient who by coming into a facility has 4 different options and basically different 5 remedies based on whom is treating the -- the 6 patient. The fact is that the standard of care 7 and the standard of recovery should be the 8 same. 9 Now, what we perhaps might be 10 able to do, as we suggested last week, is 11 legislate or find the resources -- since there 12 aren't really that many volunteers -- and their 13 service is greatly appreciated and in no way 14 should they be encumbered by the performance of 15 their service. Perhaps from some of the many 16 funds that we have around the state that we 17 never quite figured out what to do with the 18 resources, I would suggest that those be apt 19 donations to the insurance that would cover for 20 the volunteers but to allow for this recovery at 21 the expense of the patient, in our opinion, 22 would not accomplish the goal of keeping a 23 unified standard health care system and the 24 exact remedies for all who are -- come under the 25 care of a clinic or any other not-for-profit 5734 1 facility. 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on the bill? 4 Senator Leichter. 5 SENATOR LEICHTER: Would Senator 6 Lack yield. 7 ACTING PRESIDENT KUHL: Senator 8 Lack, do you yield to a question from Senator 9 Leichter? 10 SENATOR LACK: Surely. 11 ACTING PRESIDENT KUHL: The 12 Senator yields. 13 SENATOR LEICHTER: Senator Lack, 14 do we have any experience or studies or 15 assessment which show that there's been a large 16 number of lawsuits against voluntary home care 17 givers? What is really the need of this bill, I 18 guess is what I'm really asking you. 19 SENATOR LACK: Let me read you a 20 letter, if I can, Senator Leichter, from Dorot. 21 It's a Jewish organization on West 85th Street. 22 You might have heard about it. 23 SENATOR LEICHTER: My district. 24 SENATOR LACK: Yes, I know. 25 Allow me to read the letter because it, Mr. 5735 1 President, answers not only your question but 2 goes to what Senator Paterson was saying about 3 there aren't that many volunteers out there. 4 "Dear Senator Lack: I'm writing 5 on behalf of Dorot and its thousands of 6 volunteers in support of this piece of 7 legislation you have introduced in the New York 8 State Senate. Dorot is a not-for-profit social 9 service agency dedicated to meeting the needs of 10 a homebound and homeless agent. Dorot's small 11 staff, in this one agency alone, 4,000 adult 12 volunteers and 3,500 young volunteers age 5 to 13 21 serve 10,000 elders and their care givers 14 each year", on the west side of Manhattan in 15 your district and Senator Paterson's district, 16 "providing them with companionship and physical 17 and emotional sustenance. Dorot's innovative 18 programs would serve as an international model, 19 alleviate the isolation and depression", et 20 cetera, et cetera. 21 "There's not been one single 22 incident in which an elder has been injured 23 during a visit by a volunteer. Nevertheless, we 24 have to pay for liability insurance which places 25 too onerous a financial burden on small, 5736 1 not-for-profit volunteer organizations and well 2 meaning individuals whose only desire is to help 3 others." 4 This, Senator Leichter, is 5 repeated in all 61 Senate districts throughout 6 the state. The request for me specifically came 7 from organizations in Suffolk County which, like 8 Dorot in the middle of Manhattan, have thousands 9 of volunteers of all ages who are trying to 10 provide some services to supplement governmental 11 services to people who are homebound. 12 It isn't so much, Senator 13 Leichter, the number of lawsuits. It is, 14 unfortunately, what society requires the cost of 15 maintaining the insurance against the 16 possibility of a number of lawsuits that has 17 resulted in this request for this legislation. 18 These are, as they are in your district, all 19 well meaning people -- well, in your district 20 alone, we're talking 7,000 volunteers in this 21 one small agency. So we're literally talking 22 about tens and tens of thousands of people in 23 this state who are volunteering their time and 24 their services and if you read the bill, this is 25 for without compensation just to go and try to 5737 1 help people who could be in need. 2 SENATOR LEICHTER: Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter. 5 SENATOR LEICHTER: On the bill. 6 I guess Senator Lack proves the old adage, 7 cross-examination, you should never ask a 8 question unless you know the answer, but I'm 9 glad I asked it and I didn't -- I wasn't put up 10 for asking that question by Senator Lack. It so 11 happens Dorot is not only in my district but I 12 have been actively engaged in helping it because 13 it's a wonderful organization and reflecting on 14 what Senator Lack said and that the issue is not 15 necessarily that there have been a lot of 16 lawsuits but that it's -- irrespective of 17 whether there are lawsuits or not, these 18 organizations have to pay liability insurance. 19 I think he makes an excellent point. 20 I also want to make a distinction 21 between the bill we had last -- Senator Hannon's 22 bill last week and this bill. This bill dealt 23 with licensed professionals who were providing 24 services in community hospitals and clinics, and 25 so on, I think a matter where it's much easier 5738 1 to set up a state program at very low cost to 2 provide coverage and, therefore, provide an 3 incentive for people who volunteer their 4 services. Here we're not talking about licensed 5 professionals and, in fact, Senator Lack's bill 6 specifically states that nothing in this 7 subdivision shall be deemed or construed to 8 relieve a licensed physician, dentist, nurse, 9 physical assistant, et cetera. Here they're 10 really talking about volunteers. What Dorot 11 does, for instance, it's really an 12 intergenerational program where young people, 13 many of them attend Columbia, Barnard, and so 14 on, volunteer their time to deliver food 15 packages to the homebound elderly. There's 16 programs like this throughout the state. So 17 we're talking about volunteers not licensed 18 professionals. I'm convinced, Senator Lack. 19 Thank you. 20 ACTING PRESIDENT KUHL: Senator 21 Lachman. 22 SENATOR LACHMAN: On the bill. 23 This is an example when a debate 24 in this chamber can change a vote. I was going 25 into this chamber to vote no. I've heard the 5739 1 discussion and I just read the letter that 2 Senator Lack had. 3 Dorot is one of the unsung heroes 4 in the nation. Has received many awards in its 5 voluntary capacity and after reading the letter 6 and hearing the debate, I will vote in the 7 affirmative on this measure. 8 ACTING PRESIDENT KUHL: Is there 9 any other Senator wishing to speak on the bill? 10 (There was no response.) 11 Hearing none, the Secretary will 12 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 52. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Paterson, why do you 22 rise? 23 SENATOR PATERSON: Mr. President, 24 just to explain my vote. I'm actually - 25 ACTING PRESIDENT KUHL: Senator 5740 1 Paterson, to explain his vote. 2 SENATOR PATERSON: -- I'm 3 persuaded by Senator Leichter's conversation 4 with Senator Lack. I must have been thinking 5 back to last week. I thought I saw in the bill 6 here that it pertained to health care 7 professionals, dentists and otherwise. I'll 8 check that out but in the interim, I'm willing 9 to vote for the legislation because at no point 10 in my discussion did I suggest that volunteers 11 should be penalized or be liable in this 12 particular way. 13 Like Senator Leichter, Project 14 Dorot is now in his district, was once in mine, 15 was founded by 12 students who were Jewish who 16 attended Columbia University the same time I did 17 and they do bring in a tremendous number of 18 volunteers to work in this area. 19 I didn't realize that the type of 20 care that the volunteers were giving would come 21 under this kind of scrutiny. 22 So my vote is in favor, Mr. 23 President. 24 ACTING PRESIDENT KUHL: Senator 25 Paterson will be recorded in the affirmative. 5741 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 867, by member of the Assembly Sweeney, Assembly 4 Print 1074-C, an act to amend the Penal Law, in 5 relation to possession and sale of fireworks. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first day of 10 November. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 52. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 963, by Senator Levy, Senate Print 608-A, an act 19 to amend the Vehicle and Traffic Law, in 20 relation to instruction for school bus drivers. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 SENATOR PATERSON: Mr. President. 24 ACTING PRESIDENT KUHL: Yes, 25 Senator Paterson. 5742 1 SENATOR PATERSON: On this bill, 2 we don't have any problem with the bill but the 3 Civil Service Employees Association raised a 4 concern that we certainly share, which is that 5 the members not have to pay for their own 6 training. No one's objecting to the training 7 and I don't know that I would object to the bill 8 even if they did, but certainly where the care 9 of children is at stake, we would not want for 10 the members to actually have to forego this 11 out-of-pocket cost when the value of safety is 12 such that we wouldn't want financing to get in 13 the way of the best drivers to be shepherding 14 our children back and forth to school. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 52. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 Senator Lachman, why do you 5743 1 rise? 2 SENATOR LACHMAN: Mr. President, 3 I rise because I would like to change my vote on 4 Calendar Number 491 based on the premise that 5 the Health Department will supervise the 6 establishment of the corporation of hospitals by 7 limited liability companies. 8 I would like to vote from the 9 negative to the affirmative based upon that. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator Lachman 12 will be recorded in the affirmative on Calendar 13 Number 491. 14 The Secretary will continue to 15 read the controversial calendar. 16 THE SECRETARY: Calendar Number 17 1045, by Senator Marchi, Senate Print 3649-B, an 18 act to amend the Limited Liability Company Law, 19 the Partnership Law, the Business Corporation 20 Law. 21 SENATOR LEICHTER: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Skelos. 24 SENATOR SKELOS: Lay the bill 25 aside. 5744 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 1062, by Senator Farley, Senate Print 4732, an 7 act to amend the Banking Law and the General 8 Obligations Law, in relation to penalties for 9 mortgage prepayments. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 52. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1082, by Senator Marchi, Senate Print 4767-A, an 22 act to amend the Business Corporation Law, in 23 relation to the organization of professional 24 service corporations. 25 ACTING PRESIDENT KUHL: The 5745 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1193, by Senator Velella, Senate Print 1972-A, 8 an act to amend the New York City Civil Court 9 Act and the Civil Practice Law and Rules, in 10 relation to authorizing New York City marshals 11 to exercise the same functions. 12 SENATOR PATERSON: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Velella, an explanation of Calendar Number 1193 15 has been requested by Senator Paterson. 16 SENATOR VELELLA: Yes, Senator. 17 This bill would allow New York City marshals, of 18 which there are, I believe 50, to enforce 19 judgments for both the Family and the Supreme 20 Court in any county within the city of New 21 York. It would strictly apply to the city of 22 New York. 23 We had this bill. We've passed 24 it once or twice before. There was some 25 question as to whether or not this had some 5746 1 problems with DC 37. Those have been resolved. 2 I believe there are still some technical 3 questions. However, we've resolved it to the 4 point where this is compliant with their union 5 contract. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: If Senator 9 Velella would yield to a quick question. 10 ACTING PRESIDENT KUHL: Do you 11 yield, Senator Velella? 12 SENATOR VELELLA: Yes. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR PATERSON: Senator 16 Velella, the issue of the disparity in the 17 percentage that would be refunded after the 18 collection of the judgment by the marshal 19 vis-a-vis what the sheriff was refunding -- I 20 think the sheriff was a point and a half higher 21 at 5 percent as opposed to 3.5 percent -- that's 22 all worked out? 23 SENATOR VELELLA: I've heard no 24 problem about that at all and the marshals, as 25 you know, work as a private entity and maintain 5747 1 their own expenses. I don't believe that's been 2 an issue at all. I've never had it raised to me 3 in discussing this bill. 4 SENATOR PATERSON: And, 5 therefore, the union opposition on the original 6 bill, therefore, that's all been - 7 SENATOR VELELLA: Well, I'm not 8 going to mislead you, Senator. They're not 9 jumping up and down and cheering for this bill 10 but there have been provisions put into this 11 bill that will make them whole in the sense that 12 the provisions of no layoffs and no diminution 13 in the amount of work available to the union 14 members is encompassed in this and runs beyond 15 the union contract by this bill. 16 SENATOR PATERSON: Okay. But - 17 that's fair enough. Thanks very much, Senator. 18 SENATOR VELELLA: You're welcome. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 5748 1 THE SECRETARY: Ayes 51, nays 1, 2 Senator Kuhl recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 ACTING PRESIDENT KUHL: Senator 6 Saland, Senator Leibell, you're voting no on the 7 last bill or are you checking in? 8 SENATOR SALAND: Mr. President, I 9 can't hear you. 10 ACTING PRESIDENT KUHL: Would you 11 ask the Sarge to shut the door, please. 12 Senator Saland, were you 13 indicating you would like to vote no on the last 14 bill that was read - 15 SENATOR SALAND: Yes, Mr. 16 President. 17 ACTING PRESIDENT KUHL: - 18 Calendar Number 1193, Senator Velella's bill? 19 SENATOR SALAND: Yes, Mr. 20 President. 21 ACTING PRESIDENT KUHL: Senator 22 Leibell, you're asking also? 23 SENATOR LEIBELL: Certainly, Mr. 24 President. 25 ACTING PRESIDENT KUHL: Senator 5749 1 Santiago, you wish to be in the negative on the 2 last bill also? 3 (Senator Santiago nods head.) 4 ACTING PRESIDENT KUHL: Without 5 objection and I hear no objection, all three 6 Senators will be recorded in the negative on 7 Calendar Number 1193. That bill was passed. 8 The Secretary will continue to 9 call the controversial calendar now moving on to 10 the supplemental active list, beginning with 11 Calendar Number 195, by Senator Spano. 12 SENATOR DOLLINGER: Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger, why do you rise? 16 SENATOR DOLLINGER: Mr. 17 President, I apologize. We just took a vote on 18 Calendar Number 1193. I would ask to be 19 recorded in the negative as well. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator 22 Dollinger will be recorded in the negative on 23 Calendar Number 1193. 24 Senator Lachman. 25 SENATOR LACHMAN: 1193. 5750 1 ACTING PRESIDENT KUHL: Without 2 objection, hearing no objection, Senator Lachman 3 will be recorded in the negative on Calendar 4 Number 1193. 5 The Secretary will read Calendar 6 Number 195. 7 THE SECRETARY: Calendar Number 8 195, by Senator Spano, Senate Print 2486, an act 9 to amend the Labor Law and the Workers' 10 Compensation Law, in relation to the definition 11 of employment. 12 SENATOR PATERSON: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Spano, an explanation of Calendar Number 195 has 15 been requested by Senator Paterson. 16 SENATOR SPANO: Mr. President, 17 this bill provides that professional models who 18 -- would be deemed independent contractors for 19 unemployment and for Workers' Compensation if 20 they meet certain criteria that we've set forth 21 in the proposed statute. 22 If we go back to 1992, Chapter 23 668 of the Laws of 1992, it was enacted in an 24 effort just to clarify who would be an 25 independent contractor in terms of professional 5751 1 models. 2 Prior to that, there was no clear 3 definition in the law and Chapter 668 was 4 enacted to put UI and Workers' Compensation 5 coverage in statute. What happened was some 6 confusion that was -- that resulted where we 7 were defining employment with specific 8 references that left some models out of the 9 loop. 10 What -- this bill would implement 11 specific criteria which a professional model 12 must meet to determine they're an independent 13 contractor. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson, do you wish to speak more on the bill, 16 ask further questions? 17 SENATOR PATERSON: Mr. President, 18 if Senator Spano would yield for a question. 19 ACTING PRESIDENT KUHL: Senator 20 Spano, do you yield to a question? The Senator 21 yields. 22 SENATOR PATERSON: Senator, is 23 there a reason why we're only providing this 24 protection to models as opposed to various other 25 groups that are in the same sort of - 5752 1 beauticians or other independent contractors 2 that are in this similar circumstance? 3 SENATOR SPANO: Yes. There is a 4 reason for that, Senator. While we don't 5 pretend that we're handling all the problems of 6 independent contractors with the passage of 7 this, but when we did pass Chapter 668 of the 8 Laws of '92, it did put in place a mechanism 9 with respect to models specifically and this 10 legislation will put -- implement some specific 11 criteria to deal with problems that have 12 resulted as a result of that -- of the law that 13 we passed in 1992. 14 There are other pieces of 15 legislation that we have and that the Labor 16 Committee had been looking into dealing with 17 independent contractors but this is not a 18 subject for today and also, Senator, we did have 19 -- it was last year, we had conducted a series 20 of hearings across the state where we did hear 21 from a number of models that overwhelmingly 22 supported the passage of this legislation. 23 SENATOR PATERSON: Thank you very 24 much, Senator Spano. 25 Mr. President, on the bill. 5753 1 ACTING PRESIDENT KUHL: Senator 2 Paterson, on the bill. 3 SENATOR PATERSON: Mr. President, 4 not all of the individuals who are working are 5 as glorified and as high profiled as some of the 6 more famous and celebrated models that we're 7 aware of in society and because of the 8 inconsistency of the work that they are able to 9 find, it becomes very difficult for them not 10 being represented by unions to actually compete 11 in the actual market and so, therefore, to 12 remove them from -- or have them seen as 13 independent contractors and not eligible for 14 some of the benefits that Workers' Compensation 15 and unemployment are providing; therefore, the 16 AFL-CIO and many others are quite concerned 17 about this and in spite of Senator Spano's 18 efforts through the hearing that he did hold to 19 alleviate that concern, there's still the 20 feeling that the worker whose work comes 21 inconsistently is placed in a situation where 22 the barriers are increased probably through - 23 without the protections that would be afforded 24 to just the regular employee. 25 ACTING PRESIDENT KUHL: Senator 5754 1 Stachowski. 2 SENATOR STACHOWSKI: Mr. 3 President, it's not often I get up and disagree 4 with an AFL-CIO memo, much less disagree with my 5 wonderful colleague, David Paterson, but on this 6 particular bill, I'm agreeing with Senator 7 Spano. 8 Having gone through a situation 9 years ago in Buffalo where one of the larger 10 modeling agencies in a small market like Buffalo 11 was almost put out of business by an audit and 12 subsequent attempt to collect money for owed 13 unemployment coverages and it -- and they had 14 gone to court and they won all the way through 15 the court system and won in the Supreme Court 16 here in New York, showing that these models were 17 independent agents, that they were not always 18 handled by this particular agency when they got 19 work, that the reason for this bill and the 20 reason even the models backed this bill is 21 because, in most cases, these models are 22 represented by different people according to 23 different jobs, so that somebody else would call 24 them if they need their particular type for a 25 certain job. 5755 1 So the fact is that I think 2 Senator Spano's bill goes a long way to 3 addressing this particular problem, more in the 4 smaller agencies than the larger ones. This 5 would be a major problem if they were suddenly 6 audited by the Labor Department and told they 7 owe large sums of money because they didn't 8 cover unemployment insurance for models that 9 were just -- that they assigned to certain jobs 10 that weren't full-time employees. 11 So that this is a legitimate 12 concern of not only the models but also the 13 agencies. I think that this bill is necessary 14 and will go a long way to alleviate that 15 pressure and that pressure still exists because 16 that same agency that won all the way through to 17 the Supreme Court was notified earlier this year 18 that they were going to have another audit of 19 the same nature and then all of a sudden they 20 didn't, but they were under that scare for about 21 a month that they were going to have to go 22 through the same thing that they had gone 23 through and had led them to go to that court 24 decision years ago. 25 So I would recommend the people 5756 1 support Senator Spano's bill and, by the way, 2 there is one union modeling agency that we know 3 of and they would not be ill-affected by this 4 particular bill. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the bill? 7 (There was no response.) 8 Hearing none, the Secretary will 9 read the last section. 10 THE SECRETARY: Section 7. 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 Abate, why do you rise? 19 SENATOR ABATE: Yes. I'd ask for 20 unanimous consent to be recorded in the negative 21 on Calendar Number 767 and 1193. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator Abate 24 will be recorded in the negative on Calendar 25 Number 767 and 1193. 5757 1 The Secretary will continue - 2 ACTING PRESIDENT KUHL: Senator 3 Kruger. 4 SENATOR KRUGER: It seems to be 5 fashionable. 1193, I would ask unanimous 6 consent to be recorded in the negative. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator Kruger 9 will be recorded in the negative on Calendar 10 Number 1193. 11 Senator Montgomery. 12 SENATOR MONTGOMERY: Yes. Thank 13 you, Mr. President. 14 I would like unanimous consent to 15 be recorded in the negative on Calendars 491 and 16 1082. 17 ACTING PRESIDENT KUHL: Without 18 objection. 19 SENATOR MONTGOMERY: Thank you. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, Senator Montgomery will be 22 recorded in the negative on Calendar Number 491 23 and 1082. 24 The Secretary will continue to 25 read the controversial calendar. 5758 1 THE SECRETARY: Calendar Number 2 199, by Senator Larkin, Senate Print 1724-B, an 3 act to amend the County Law, in relation to 4 authorizing county sewers in the county of 5 Orange. 6 SENATOR PATERSON: Explanation. 7 ACTING PRESIDENT KUHL: Did I 8 hear a request for an explanation? 9 Senator Larkin, an explanation 10 has been asked for by Senator Paterson, I 11 believe. 12 SENATOR LARKIN: Yes, Mr. 13 President. This bill would allow Orange County 14 to enter into an agreement with private 15 organizations in relationship to the operation 16 and maintenance of a county sewer district. 17 The county legislature has passed 18 a resolution, has held a public hearing. It's 19 similar to legislation extended to Suffolk 20 County in 1980 and the sewer district itself has 21 reached its capacity. 22 With regard to the funding of the 23 facility, federal legislation enacted by 24 President Bush and continued on by President 25 Clinton on the forgiveness of the debt of this 5759 1 would be the same as any other facility 2 privatized nationwide. Two organizations -- two 3 communities that have engaged in this, 4 Wilmington, Delaware and Franklin, Ohio, say 5 that their projection is very successful. 6 Last year there was some question 7 concerning the employees. The CSEA had written 8 a new memo dated the 3rd of March but it's not 9 consistent with the bill's "B" print and the 10 matter concerning employees has currently 11 addressed it in the bill itself. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson. 14 SENATOR PATERSON: Mr. President, 15 if Senator Larkin would yield for a question. 16 ACTING PRESIDENT KUHL: Senator, 17 do you yield? 18 SENATOR LARKIN: Yes, Mr. 19 President. 20 ACTING PRESIDENT KUHL: The 21 Senator yields. 22 SENATOR PATERSON: Thank you, 23 Senator. 24 You were talking about the March 25 3rd memo issued by the Civil Service Employees 5760 1 Association and obviously it raised a concern 2 about public jobs and, you know, then you went 3 on to say you didn't think it would really harm 4 the employment and I just didn't understand how 5 that would not, but if you might explain it, 6 perhaps we can all get a better understanding of 7 it. 8 SENATOR LARKIN: Senator 9 Paterson, I would like to direct your attention 10 to page 2 of the "B" version, line 45 through 11 line 56, and it's very, very clear. This 12 language was entered into with labor's 13 participation and the same bill is being 14 introduced in the Assembly by Mr. Gunther and it 15 says in plain language if an employee, after 16 this agreement takes place, in essence, he'll be 17 offered a job with the private entrepreneur. If 18 he decides he doesn't want to take that job, the 19 county will move him within the county so that 20 he will have his rights, benefits and 21 protections. None of them will. In Orange 22 County, this facility has 12 employees. 23 ACTING PRESIDENT KUHL: Senator 24 Paterson. 25 SENATOR PATERSON: Mr. President, 5761 1 in spite of the participation that Senator 2 Larkin and others who are supporting the 3 legislation afforded the labor community, they 4 did not participate to a point where I get the 5 impression there was full satisfaction. What 6 the Senator did was to be quite open and to 7 elicit and hear every point of view. 8 However, the concern for workers 9 in this type of a situation -- there are many 10 types of privatization that actually can be 11 somewhat effective and, in fact, there have been 12 times when actually the public agency has been 13 able to win bids against the private -- the 14 private company, such as a famous situation in 15 1988 involving the sewage removal in Phoenix, 16 Arizona, where the privatization factor actually 17 stimulated the effort that the public agency was 18 involved in and it was actually the workers 19 designing new routes and demonstrating ways that 20 service could be implemented in a more effective 21 way that could help them to win, but in the 22 present case, not finding enough to actually 23 sustain a belief that there is a valid claim to 24 have in Orange County this system become private 25 -- and I don't want to speak that much about an 5762 1 area that I am not nearly as familiar as is 2 Senator Larkin -- the fact remains that in the 3 general issue, there's a feeling even in the 4 labor community in that area that jobs will be 5 -- will be lost in the process. 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 55. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 284, by Senator Volker, Senate Print 365-C, an 18 act to amend the Penal Law, in relation to 19 possession of one gram or more. 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: Senator 5763 1 Leichter, why do you rise? 2 SENATOR LEICHTER: Just to find 3 out what calendar number we're on. 4 ACTING PRESIDENT KUHL: Calendar 5 Number 284, Senator Leichter. 6 SENATOR LEICHTER: 384? 7 ACTING PRESIDENT KUHL: It's on 8 our regular calendar, Calendar Number 284. It's 9 on the supplemental active list. It's a bill 10 that Senator Volker sponsors. Did you wish to 11 debate the bill, Senator Leichter? 12 (There was no response.) 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 8. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, 5764 1 if we could return to reports of standing 2 committees, I believe there's a report of the 3 Rules Committee at the desk. I ask that it be 4 read at this time. 5 ACTING PRESIDENT KUHL: We'll 6 return to the order of reports of standing 7 committees. 8 The Secretary will read the 9 report of the Rules Committee. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, offers up the 12 following bills: 13 Senate Print 478, by Senator 14 DeFrancisco, an act to amend the Real Property 15 Tax Law; 16 1902, by Senator Maltese, an act 17 to amend the Real Property Tax Law, in relation 18 to permitting; 19 2057, by Senator Kuhl, an act to 20 amend the Environmental Conservation Law; 21 2522-A, by Senator Johnson, an 22 act to amend the Penal Law; 23 4240-A, by Senator Seward, an act 24 to amend the General Municipal Law; 25 4786-A, by Senator Lack, an act 5765 1 to amend the Environmental Conservation Law; 2 4900, by Senator Trunzo, an act 3 to amend the Civil Service Law; 4 5225, by Senator Tully, an act to 5 amend the Executive Law; 6 5373, by Senator Velella, an act 7 to amend the Administrative Code of the city of 8 New York; 9 5429, by Senator Marcellino, an 10 act to amend the Public Authorities Law; and 11 5499, by Senator Holland, an act 12 to amend the Agriculture and Markets Law. 13 All bills directly for third 14 reading. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos. 17 SENATOR SKELOS: Mr. President, 18 move to accept the report of the Rules 19 Committee. 20 ACTING PRESIDENT KUHL: The 21 motion is to accept the report of the Rules 22 Committee. All those in favor signify by saying 23 aye. 24 (Response of "Aye".) 25 Opposed, nay. 5766 1 (There was no response.) 2 The Rules report is accepted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 the bills are being distributed at this time. 6 The calendar is also in the process of being 7 distributed. I'd ask that the members and those 8 wishing to debate the bills please be in chamber 9 as we go through the Rules reports and 10 supplemental reports and there will be at least 11 one other meeting of the Rules Committee this 12 afternoon. 13 So once the calendar is 14 distributed, we will take up Calendar Number 15 1319, and again, I ask that the members please 16 be in the chamber. 17 SENATOR PATERSON: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson, why do you rise? 20 SENATOR PATERSON: With unanimous 21 consent, I would like to be recorded in the 22 negative on Calendar Number 767 after having 23 reread the legislation introduced by Senator 24 Lack. 25 ACTING PRESIDENT KUHL: Without 5767 1 objection, hearing no objection, Senator 2 Paterson will be recorded in the negative on 3 Calendar Number 767. 4 ACTING PRESIDENT KUHL: Senator 5 Seabrook, why do you rise? 6 SENATOR SEABROOK: Mr. President, 7 with unanimous consent, I would like to be 8 recorded in the negative on bill 737 and bill 9 491 and also 767. 10 ACTING PRESIDENT KUHL: Is that 11 it? 12 SENATOR SEABROOK: And 1193. 13 ACTING PRESIDENT KUHL: Is that 14 it? 15 SENATOR SEABROOK: That's it. 16 ACTING PRESIDENT KUHL: Okay. 17 Without objection, hearing no objection, Senator 18 Seabrook will be recorded in the negative on 19 Calendars Number 491, 737, 767 and 1193. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 if we could take up Senate Supplemental Calendar 23 Number 57-A, starting with Calendar Number 1319, 24 non-controversial. 25 ACTING PRESIDENT KUHL: The 5768 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1319, Senator DeFrancisco moves to discharge 4 from the Committee on Rules Assembly Print 3201 5 and substitute it for the identical Senate Third 6 Reading 1319. 7 ACTING PRESIDENT KUHL: The 8 substitution is ordered. 9 The Secretary will read the 10 title. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Let's put 13 the bill before the house first. 14 THE SECRETARY: Calendar Number 15 1319, by member of the Assembly Abbate, Assembly 16 Print 3201, an act to amend the Real Property 17 Tax Law. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 1320, Senator Maltese moves to discharge from 22 the Committee on Rules Assembly Print 969 and 23 substitute it for the identical Senate bill 24 Third Reading 1320. 25 ACTING PRESIDENT KUHL: The 5769 1 substitution is ordered. The Secretary will 2 read the title. 3 THE SECRETARY: Calendar Number 4 1320, by member of the Assembly Schimminger, 5 Assembly Print 969, an act to amend the Real 6 Property Tax Law. 7 SENATOR PATERSON: Lay it aside, 8 please. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1321, by Senator Kuhl, Senate Print 2057, an act 13 to amend the Environmental Conservation Law, in 14 relation to permitting the discharge of a 15 firearm. 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 55. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5770 1 THE SECRETARY: Calendar Number 2 1322, by Senator Johnson, Senate Print 2522-A, 3 an act to amend the Penal Law, in relation to 4 including sale of controlled substances. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1045, by Senator -- Calendar Number 1323, by 10 Senator Seward, Senate Print 4240A, an act to 11 amend the General Municipal Law, in relation to 12 the calculation of net proceeds. 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 SENATOR PATERSON: Lay it aside, 20 please. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 24 1324, by Senator Lack, Senate Print 4786-A, an 25 act to amend the Environmental Conservation Law, 5771 1 in relation to prohibiting fishing with a trawl 2 in Smithtown Bay. 3 SENATOR PATERSON: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1325, by Senator Trunzo, Senate Print 4900, an 8 act to amend the Civil Service Law, in relation 9 to including both the sheriff and the county in 10 those counties. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1326, by Senator Tully, Senate Print 5225, an 16 act to amend the Executive Law, the Criminal 17 Procedure Law and the Public Health Law. 18 SENATOR PATERSON: Lay it aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1327, by Senator Velella, Senate Print 5373, an 23 act to amend the Administrative Code of the city 24 of New York. 25 ACTING PRESIDENT KUHL: There is 5772 1 a home rule message at the desk. The Secretary 2 will read the last section. 3 SENATOR PATERSON: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1328, by Senator Marcellino, Senate Print 5429, 8 an act to amend the Public Authorities Law, in 9 relation to water pollution control revolving 10 fund program. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1329, by Senator Holland, Senate Print 5499, an 16 act to amend the Agriculture and Markets Law, in 17 relation to posting security for an animal which 18 has been seized. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 Senator Skelos, that completes 23 the non-controversial reading of Supplemental 24 Calendar Number 57-A. 25 SENATOR SKELOS: Mr. President, 5773 1 once again, I'd urge the members to please come 2 in the chamber so that we can continue with the 3 supplemental calendar, controversial, and if we 4 could start at this time. 5 Senator Dollinger, did you wish 6 to be recognized? 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger. 9 SENATOR DOLLINGER: With the 10 consent of the Deputy Majority Leader, Mr. 11 President, could I have unanimous consent to be 12 recorded in the negative on Calendar Number 767. 13 SENATOR SKELOS: No objection. 14 SENATOR DOLLINGER: Thank you. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator 17 Dollinger will be recorded in the negative on 18 Calendar Number 767. 19 The Secretary will read the 20 controversial calendar. 21 THE SECRETARY: Calendar Number 22 1319, by member of the Assembly Abbate, Assembly 23 Print 3201, an act to amend the Real Property 24 Tax Law, in relation to exempting. 25 SENATOR PATERSON: Explanation. 5774 1 ACTING PRESIDENT KUHL: Senator 2 DeFrancisco, an explanation of Calendar Number 3 1319 has been requested by Senator Paterson. 4 SENATOR DeFRANCISCO: If I may 5 have a moment, please. 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Skelos. 9 SENATOR SKELOS: While all the 10 members are assembling and appearing, is there 11 any housekeeping at the desk that we could do at 12 this time? No. Gee, we're so efficient. 13 SENATOR DeFRANCISCO: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: I believe 18 an explanation was asked for. 19 ACTING PRESIDENT KUHL: That's 20 correct, by Senator Paterson. 21 SENATOR DeFRANCISCO: This is a 22 bill that would provide a local option for 23 exemptions for certain improvements to historic 24 property. 25 ACTING PRESIDENT KUHL: Senator 5775 1 Paterson. 2 SENATOR PATERSON: Mr. President, 3 if Senator DeFrancisco would yield for a 4 question. 5 ACTING PRESIDENT KUHL: Senator, 6 do you yield? 7 SENATOR DeFRANCISCO: Yes, I 8 would. 9 ACTING PRESIDENT KUHL: The 10 Senator yields. 11 SENATOR PATERSON: Senator 12 DeFrancisco, there have been a number of times 13 where there is a structural situation, for 14 instance, perhaps it's an arena and they want to 15 expand it and, therefore, some of the -- some of 16 the historic preservation is changed by the 17 attempt to expand it, but there's a point at 18 which the preservation or the landmark that's 19 put on the property has almost no use if the 20 developer or whoever is interested in changing 21 the property undercuts the spirit of the law. 22 Just about how far is this legislation going? 23 In other words, what are the parameters by which 24 somebody can make adjustments to the property 25 without violating the local ordinance? 5776 1 SENATOR DeFRANCISCO: Well, first 2 it would have -- the property would have to fit 3 in the definition of historic property as is 4 defined in the statute and secondly it's a local 5 option and the assessor also has to pass 6 judgment on the issue and that's provided for in 7 the bill that the assessor has got to be 8 satisfied that they're entitled to that 9 exemption. 10 So I would assume that based on 11 assessors normally wanting to make certain that 12 they can collect as much money as possible, 13 there's two built-in protections against that. 14 Number one is that - 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco, excuse me just a minute. We have a 17 lot of noise in the chamber. 18 SENATOR DeFRANCISCO: Number one 19 is that it's a local option. Number two, the 20 assessor has to pass upon it to -- and, number 21 three, it has to be a historic property. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson. 24 SENATOR PATERSON: Thank you, Mr. 25 President. 5777 1 I think Senator DeFrancisco has 2 satisfied my concern. The problem often 3 emanates from the fact that the use of the 4 property is -- may be changed by the local 5 government but the issue is that sometimes the 6 pressure on the local government to subscribe to 7 the point of view of someone who wants to make 8 the change is such that you can't really get 9 anybody to stand up for the artistic and 10 cultural value of property and it's taken a very 11 long time to bring that kind of scrutiny to a 12 number of areas, but within the limited use that 13 Senator DeFrancisco very aptly explained, I 14 think that it's certainly fair to do it in this 15 particular case. 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 55. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 5778 1 THE SECRETARY: Calendar Number 2 1320, by member of the Assembly Schimminger, 3 Assembly Print 969, an act to amend the Real 4 Property Tax Law, in relation to permitting 5 revised veterans' exemption. 6 SENATOR PATERSON: Explanation. 7 SENATOR MAZIARZ: Can we lay the 8 bill aside temporarily, please. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside temporarily. 11 THE SECRETARY: Calendar Number 12 1322, by Senator Johnson, Senate Print 2522-A, 13 an act to amend the Penal Law, in relation to 14 including sale of controlled substances. 15 ACTING PRESIDENT KUHL: Senator 16 Johnson -- excuse me. Senator Paterson. 17 SENATOR PATERSON: Mr. President, 18 I'm sorry. What calendar number are we on? 19 ACTING PRESIDENT KUHL: We're on 20 Calendar Number 1322, Senator Johnson's bill. 21 It's 2522-A. 22 SENATOR PATERSON: Thank you, Mr. 23 President. 24 One second. May I have an 25 explanation on that bill. 5779 1 ACTING PRESIDENT KUHL: Senator 2 Johnson. 3 SENATOR JOHNSON: Mr. President, 4 this bill would add to the list of underlying 5 offenses for which you can be charged if a 6 subsequent murder occurs, murder in the second 7 degree and this would add to the present list, 8 which is robbery, burglary, kidnapping, rape, et 9 cetera, et cetera, the criminal sale of a 10 controlled substance from fifth degree down to 11 first degree and even sale of a controlled 12 substance in or near school grounds. If a 13 murder occurs as a result of that act, you could 14 be charged with second degree murder. It's 15 supported by of the Law Enforcement Council - 16 New York State Law Enforcement Council and 17 others. 18 SENATOR PATERSON: Thank you, Mr. 19 President. 20 If Senator Johnson would yield to 21 a question. 22 ACTING PRESIDENT KUHL: Senator 23 Johnson, do you yield to a question from Senator 24 Paterson? 25 SENATOR JOHNSON: Yes, Mr. 5780 1 President. 2 ACTING PRESIDENT KUHL: The 3 Senator yields. 4 SENATOR PATERSON: Senator, 5 you're saying that if the fifth degree of the 6 sale of substance abuses were to occur on a 7 school property, for instance, and that in the 8 midst of the commission of this crime that a 9 death occurs, that at that point that the 10 perpetrator could be charged with second degree 11 murder? 12 SENATOR JOHNSON: That's correct. 13 SENATOR PATERSON: Therefore, 14 Senator Johnson, as that is the highest degree 15 of the charge that someone could be convicted in 16 this state, this would be -- basically 17 assimilate to the definition of a felony murder 18 statute? 19 SENATOR JOHNSON: Senator, I'm 20 not sure if I heard your question clearly. 21 Could you re-address it to me. 22 SENATOR PATERSON: I'm saying 23 that this being the highest charge for which an 24 individual can be tried -- I guess it's intent 25 and reckless indifference for life -- that under 5781 1 the felony murder statute, the fact that a death 2 occurs during the time of the actual crime, the 3 individual charged with the offense might not 4 have been the person that physically caused the 5 death but because they have raised the specter 6 of the entire situation to -- by the fact that 7 they were participating in this type of crime 8 which, in this case, is the sale and the place 9 where the sale occurs, then even though they 10 might not have been the individual who 11 physically pulled the trigger or stabbed someone 12 with a knife, we as a society have determined 13 that they can be charged as if they 14 intentionally went to this area to cause the 15 death of the victim. 16 SENATOR JOHNSON: Senator, the 17 answer is yes and it's no different than all the 18 other acts which I read previously. You could 19 be in a bungled robbery and you might not have 20 done the robbery but you can still be charged 21 with -- you may have not done the murder during 22 that robbery, maybe some of your companions did 23 it, the burglary or whatever, but you could 24 still be charged with that murder, yes. 25 ACTING PRESIDENT KUHL: Senator 5782 1 Paterson. 2 SENATOR PATERSON: Thank you, Mr. 3 President. 4 On the bill. The -- the fiction 5 that is created -- and when I use the word 6 "fiction", I don't mean to in any way diminish 7 the seriousness of it, but what happens is that 8 the type of crime that is committed in some 9 cases is such that we as a society have 10 determined that if you go into a bank per se, 11 and you go in with a gun and perhaps the bank 12 guard, in shooting at you, shoots one of the 13 other -- one of the patrons of the bank, we'll 14 charge you with murder and the reason is because 15 once you went into the bank with a gun, anything 16 could happen and it's really your fault and if a 17 death occurs, we think that it's necessary in 18 that case to charge a person with second degree 19 murder. 20 Now, what's happening is that we 21 are expanding the definition of another crime 22 under Senator Johnson's bill to include this, 23 and what I kind of object to is we're getting 24 down to almost -- and I don't want to use the 25 word "petty", but what I'm just trying to say is 5783 1 to some lesser types of criminal activity for 2 which a variety of reasons could arise that 3 someone loses their life. 4 Now, we already have in the 5 statute the ability to charge people with second 6 degree murder for the crime itself, if the 7 person is there at the time, but this legal 8 fiction that we create with the stretch, such as 9 I described in the scenario of the bank, is one 10 that we've got to be a little, I think more 11 disciplined in terms of the selectivity of its 12 enforcement and in this particular piece of 13 legislation, I just don't think that these types 14 of situations, which quite often are -- involve 15 younger people and also a lot of violence that 16 may take place as a result of younger people 17 being in this kind of an environment -- I don't 18 know that I want to, in a sense, cause someone 19 to be -- enable someone to receive the death 20 penalty or a life sentence for a situation such 21 as this in spite of the fact that a life is 22 lost. 23 There are some pretty strict 24 elements that describe what the second degree 25 murder statute is about as opposed to first and 5784 1 second degree manslaughter or criminally 2 negligent homicide and I'm just suggesting that 3 perhaps we overextended the value of the 4 interpretation of the law in this particular 5 case. 6 I will be voting no, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Is there 9 any other Senator wishing to speak on the 10 bill?. 11 (There was no response.) 12 Hearing none, the Secretary will 13 read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the first day of 16 November. 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: Those recorded in 23 the negative on Calendar Number 1322, Senators 24 Leichter, Montgomery, Paterson and Smith. Ayes 25 52, nays 4. 5785 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1323, by Senator Seward, Senate Print 4240-A, an 5 act to amend the General Municipal Law, in 6 relation to the calculation of net proceeds. 7 SENATOR PATERSON: Explanation. 8 SENATOR SKELOS: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1324, by Senator Lack, Senate Print 4786-A, an 13 act to amend the Environmental Conservation Law, 14 in relation to prohibiting fishing. 15 SENATOR PATERSON: Explanation. 16 ACTING PRESIDENT KUHL: Senator 17 Lack, an explanation of the bill has been 18 requested. 19 SENATOR LACK: Thank you, Mr. 20 President. 21 This bill would amend current law 22 to include the only part of Long Island Sound 23 not currently covered in restricting trawl 24 fishing within a half mile of the shore. 25 ACTING PRESIDENT KUHL: Senator 5786 1 Paterson. 2 SENATOR PATERSON: That's fine. 3 Thank you very much for the explanation, Mr. 4 President. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect in 30 days. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1325, by Senator Trunzo, Senate Print 4900, an 17 act to amend the Civil Service Law. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Trunzo, an explanation has been requested of 21 Calendar Number 1325. 22 SENATOR TRUNZO: Mr. President, 23 this bill amends the Civil Service Law to 24 specify and designate the sheriff and his 25 elected sheriffs and the county in any county 5787 1 where a sheriff is in an elected position as a 2 joint public employer for the purpose of 3 collective bargaining. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Mr. President, 7 I just want to be sure, if Senator Trunzo would 8 yield for a question. 9 ACTING PRESIDENT KUHL: Senator 10 Trunzo, do you yield? 11 SENATOR TRUNZO: Yes. 12 SENATOR PATERSON: Senator, does 13 this give the sheriffs in this particular case 14 the opportunity to engage in collective 15 bargaining with the local counties? 16 SENATOR TRUNZO: I didn't quite 17 hear your question, Senator. 18 SENATOR PATERSON: I'm sorry. 19 Mr. President, to Senator Trunzo. I was 20 wondering if this -- the passage of this 21 legislation would empower the sheriffs to engage 22 in collective bargaining with the local 23 counties. 24 SENATOR TRUNZO: It's been done 25 for the past 20 years. The sheriffs and the 5788 1 counties have been jointly -- you know, 2 considered joint public employees. We're only 3 talking about the elected sheriffs, not the 4 appointed sheriffs. There's a difference 5 between the two and in counties such as 6 Westchester, New York City and Nassau County 7 where the sheriffs are appointed, the county 8 then really does the negotiation and the 9 collective bargaining. 10 SENATOR PATERSON: I just need a 11 clarification, if Senator Trunzo would yield for 12 a question. 13 Senator Trunzo, would you 14 distinguish between the elected and appointed 15 sheriffs for purposes of collective bargaining 16 under the law right now. 17 SENATOR TRUNZO: Right now, it 18 used to be part of a constitutional amendment. 19 It was part of the Constitution where they were 20 joint public employers and, as I said, for the 21 past 20 years, that practice has been going on 22 for the elected sheriffs and the counties -- or 23 the county executives in the various counties 24 and what has been happening is one negotiation 25 is a fiscal part of it. The sheriff can 5789 1 negotiate for the employees the bargaining 2 position of the entire -- of the contracts that 3 are going on. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Thank you, Mr. 7 President. 8 On the bill. The Association of 9 Counties basically oppose this legislation 10 because of the collective bargaining option that 11 they feel would be afforded to sheriffs under 12 the legislation. 13 I will, however, since we've 14 really just seen the bill here on the floor, be 15 willing to go back and check on that and if what 16 Senator Trunzo is saying is right, I'll 17 certainly amend my statement, but as it stands 18 now, we don't think this would be a particularly 19 good move for workers in this extent because of 20 what it will now do in competitive bargaining 21 vis-a-vis the discretion of local counties. 22 ACTING PRESIDENT KUHL: Is there 23 any other Senator wishing to speak on the bill? 24 (There was no response.) 25 The Secretary will read the last 5790 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 ACTING PRESIDENT KUHL: Record 8 the negatives and announce the results. 9 THE SECRETARY: Ayes 55, nays 1, 10 Senator Paterson recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1326, by Senator Tully, Senate Print 5225, an 15 act to amend the Executive Law. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside for the day. 18 THE SECRETARY: Calendar Number 19 1327, by Senator Velella, Senate Print 5373, an 20 act to amend the Administrative Code of the city 21 of New York. 22 SENATOR PATERSON: Explanation, 23 please. 24 ACTING PRESIDENT KUHL: Senator 25 Velella, an explanation of Calendar Number 1327 5791 1 has been requested by Senator Paterson. 2 SENATOR VELELLA: Yes, Senator. 3 This bill is at the request of the city of New 4 York and supported by the PBA. 5 What it does is make an actuarial 6 assumption change in the interest that will be 7 earned by the pension system. It ups it by one 8 quarter of one percent and the monies that will 9 be saved by that actuarial assumption will be 10 saved by the city of New York and I believe are 11 being used to help defray some of the additional 12 costs and police powers that the City is 13 incurring in the next year, but the money saved 14 will go to the city of New York. The union is 15 on board with this and the administration and 16 council are on board with this. 17 ACTING PRESIDENT KUHL: Senator 18 Leichter. 19 SENATOR LEICHTER: Yes. Would 20 Senator Velella yield? 21 SENATOR VELELLA: Yes. 22 SENATOR LEICHTER: Senator, how 23 does that actuarial expectation compare to the 24 actu... 25 SENATOR VELELLA: Brings it into 5792 1 conformity with - 2 SENATOR LEICHTER: Let me finish 3 my question. How does that compare to the 4 actuarial expectation or anticipation on other 5 pension funds of the city of New York? 6 SENATOR VELELLA: It brings it 7 into conformity with the same numbers that are 8 being used by other pension funds. This brings 9 it to the same number. 10 SENATOR LEICHTER: Would you 11 continue to yield, Senator? 12 SENATOR VELELLA: Yes. 13 SENATOR LEICHTER: Could you tell 14 me why - 15 ACTING PRESIDENT KUHL: The 16 Senator continues to yield. 17 SENATOR LEICHTER: -- has there 18 been a difference in the assumption for the 19 police -- is this police and firemen or just 20 police? 21 SENATOR VELELLA: I believe it's 22 only police. 23 SENATOR LEICHTER: Why has there 24 been a difference between the police and the 25 other pension funds, teachers, and so on? 5793 1 SENATOR VELELLA: I can only 2 speculate. If you want my speculation, I can 3 give it to you. The absolute answer, no, I 4 cannot give you the absolute. There were some 5 problems, as you are aware in negotiating the 6 police package for reimbursement and in terms of 7 their salary increases. There's been a lot of 8 problems in negotiating with them between the 9 City and the union and it's my belief that 10 during that negotiating process, other people 11 moved forward, made these adjustments and 12 because there was still an unresolved negotiated 13 settlement being worked on, this does not -- did 14 not keep pace with the others who had already 15 resolved their labor issues. Again, that's the 16 only reason that I can think of that's been told 17 to me, but I don't have an official reason as to 18 why this did not keep pace with the other 19 unions. 20 SENATOR LEICHTER: Mr. President, 21 one final question. 22 So as far as you know, there's 23 nothing that relates to the investments of these 24 pension funds or their management that in any 25 respect requires a different assumption for this 5794 1 particular pension from the police than for the 2 other funds which, as you say, have presently a 3 higher assumption. 4 SENATOR VELELLA: No, Senator. 5 As a matter of fact, I have been informed by 6 both the City and the union the exact opposite, 7 that this is in conformity. 8 SENATOR LEICHTER: This will 9 equalize. 10 SENATOR VELELLA: This will 11 equalize. 12 SENATOR LEICHTER: Thank you. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: There is 18 a home rule message at the desk. Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1328, by Senator Marcellino, Senate Print 5429, 25 an act to amend the Public Authorities Law, in 5795 1 relation to the Water Pollution Control Revolv 2 ing Fund Program. 3 ACTING PRESIDENT KUHL: Secretary 4 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 56. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1329, by Senator Holland, Senate Print5499, an 15 act to amend the Agriculture and Markets Law, in 16 relation to posting security for an animal which 17 has been seized. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 SENATOR HOLLAND: Yes, sir. I 21 didn't hear it; I'm sorry. 22 This bill is to amend a bill we 23 previous passed -- previously passed this year, 24 and the bill we previously passed said that if 25 animals were mistreated, a number of animals 5796 1 were mistreated and had to be picked up by the 2 Humane Society or the ASPCA, the person who was 3 accused of mistreating the animals would be 4 charged a security deposit so that the Humane 5 Society or the ASPCA would be able to pay for 6 the upkeep of the animals. 7 This bill does a couple of - 8 four changes in the bill. It says it would 9 eliminate seeing eye dogs or personal pets such 10 as a dog or cat that -- bird, et cetera. It 11 would notify anybody else who has an interest in 12 the animal that is being taken over by the ASPCA 13 such as a bank in the case of farm animals and 14 would apply for refunds if the individual was 15 found not guilty by the courts and also would 16 allow the sale of the animals failing everything 17 else. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson. 20 SENATOR PATERSON: Thank you, Mr. 21 President. 22 I was just wanting to make sure 23 that this involved cases of actual abuse and 24 mistreatment as opposed to the, what appeared to 25 be stray dogs that would be picked up and then 5797 1 there would be a dispute as to whether the dogs 2 really were in violation or whether there was 3 really a purpose to pick them up. As long as 4 there's a case in which there is some 5 documentation of mistreatment to the animal, 6 this is quite appropriate and so I would 7 withdraw my objection which would be more like 8 barking at the moon. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 56. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, I 21 believe Senator Maltese is on his way over to 22 take up Calendar Number 1320. Any housekeeping 23 at the desk? 24 ACTING PRESIDENT KUHL: Nothing at 25 the desk at the moment. 5798 1 Senator Gentile. 2 SENATOR GENTILE: Mr. President, I 3 request unanimous consent to be recorded in the 4 negative on Calendars Number 767 and 1193. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, Senator Gentile 7 will be recorded in the negative on Calendar 8 Number 767 and Calendar Number 1193. 9 Senator Montgomery, why do you 10 rise? 11 SENATOR MONTGOMERY: Mr. 12 President, I would like unanimous consent to be 13 recorded in the negative on 767. 14 ACTING PRESIDENT KUHL: Without 15 objection. 16 SENATOR MONTGOMERY: Thank you. 17 ACTING PRESIDENT KUHL: Hearing no 18 objection, Senator Montgomery will be recorded 19 in the negative on Calendar Number 767. 20 Senator Stavisky. 21 SENATOR STAVISKY: Mr. President, 22 I'd like to be recorded in the negative on 767 23 and 1193. 24 ACTING PRESIDENT KUHL: Without 25 objection, hearing no objection, Senator 5799 1 Stavisky will be recorded in the negative on 2 Calendar 767 and Calendar 1193. 3 Senator Smith, why do you rise? 4 SENATOR SMITH: Mr. President, I 5 also ask unanimous consent to be recorded in the 6 negative on Calendar Numbeer 1193. 7 ACTING PRESIDENT: Without 8 objection, hearing no objection, Senator Smith 9 will be recorded in the negative on Calendar 10 Number 1193. 11 Senator Montgomery. 12 SENATOR MONTGOMERY: I would like 13 to be recorded in the negative on 1193 also, Mr. 14 President. I'd like unanimous consent, please. 15 Pretty please. Sir. 16 ACTING PRESIDENT KUHL: Without 17 objection, hearing no objection, Senator 18 Montgomery will be recorded in the negative on 19 Calendar Number 1193. 20 Senator Holland. 21 SENATOR HOLLAND: Call up Calendar 22 Number 1320, please. 23 ACTING PRESIDENT KUHL: Secretary 24 will read Calendar Number 1320. 25 THE SECRETARY: Calendar Number 5800 1 1320, by member of the Assembly Schimminger, 2 Assembly Print 969, an act to amend the Real 3 Property Tax Law, in relation to permitting 4 revised veterans' exemptions. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Maltese, an explanation has been requested. 8 SENATOR MALTESE: Yes, Mr. 9 President. 10 The purpose of this legislation 11 is to guarantee that veterans seeking to 12 contribute additional eligible funds to their 13 eligible funds as defined by statute, property 14 tax exemption after re-evaluation would receive 15 a pro rata exemption as opposed to a dollar for 16 dollar exemption to those extra funds. 17 This legislation amends the Real 18 Property Tax Law by adding two new paragraphs 19 and adding definitions to each subdivision to 20 explain a recompute exemption. The second 21 paragraph would specify how such exemption would 22 be computed. This would allow for a municipality 23 to adopt a local law to adopt this method of 24 recomputing the exemption. Although existing 25 law allows municipalities under re-evaluation to 5801 1 continue the pro rata value of veterans eligible 2 funds for property tax exemptions, a loophole in 3 the law prevents veterans from getting the full 4 benefit of additional eligible funds they seek 5 to apply to their exemption after 6 re-evaluation. Instead of giving a veteran the 7 pro rata tax benefit of additional eligible 8 funds, the present law is simply giving veterans 9 a dollar for dollar increase in their exemption 10 for these extra funds. 11 This legislation would cure this 12 inequity and guarantee veterans the full pro 13 rata benefits of additions to their eligible 14 funds. Under this proposal, when a veteran 15 receives additional eligible funds under this 16 section, then the exemption would be recomputed 17 to take into account the additional funds. A 18 veteran should not be penalized simply because 19 the additional funds were applied after 20 re-evaluation. As veterans serve their country 21 and risk their lives, it would be unfair to deny 22 them the full benefit of their eligible funds. 23 Mr. President, this is an area 24 that has aroused a great deal of confusion and 25 uncertainty and over the years they have sought 5802 1 to correct inequities involving these exemptions 2 and this is the latest attempt to resolve any 3 inequities and give all veterans an equal shot. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Explanation 7 satisfactory. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 57. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Skelos, that completes 19 the controversial reading of the supplemental 20 calendar. 21 Senator Farley, why do you rise? 22 SENATOR FARLEY: Yes, Mr. 23 President, I would ask that you as the presiding 24 officer take this opportunity before we close to 25 wish my seatmate and the guy who was just 5803 1 talking to you, Michael Tully, Senator Michael 2 Tully, a happy birthday Today is his birthday. 3 ACTING PRESIDENT KUHL: Would you 4 like to lead the chorus, Senator Farley? 5 SENATOR FARLEY: No, I'll let you 6 to do that. 7 ACTING PRESIDENT KUHL: Senator 8 Tully, we wish you all the best on your 9 birthday, of course, on behalf of all your 10 colleagues here, Senator Bruno, Senator Connor, 11 Senator Paterson, Senator Skelos, myself and 12 everybody, happy birthday. Happy 39th. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 there is going to be a Rules Committee meeting 16 shortly and then we will take up one -- as of 17 right now, one bill. So we have to just stand 18 at ease at this time. Rules staff is getting 19 the bills together. 20 ACTING PRESIDENT KUHL: Senate 21 will stand at ease. 22 (The Senate stood at ease from 23 5:02 p.m., until 5:12 p.m.) 24 ACTING PRESIDENT KUHL: Senate 25 will come to order. 5804 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 there will be an immediate meeting of the Rules 4 Committee in the Majority Conference Room and 5 the Senate will continue to stand at ease. 6 ACTING PRESIDENT KUHL: Immediate 7 meeting of the Rules Committee, immediate 8 meeting of the Rules Committee in the Majority 9 Conference Room, Room 332. All the members 10 please go to the Rules Committee. 11 (The Senate stood at ease from 12 5:13 p.m., until 5:35 p.m.) 13 ACTING PRESIDENT KUHL: Senator 14 Skelos. 15 SENATOR SKELOS: If we could 16 return to reports of standing committees, I 17 believe there's a report of the Rules Committee 18 at the desk. If we could have it read at this 19 time. 20 ACTING PRESIDENT KUHL: Have a 21 little order in the house. We have some 22 business to conclude yet this evening. Members 23 will take their seats, staff take their seats. 24 Return to the order of reports of 25 standing committees. Ask the Secretary to read 5805 1 the report of the Rules Committee which is at 2 the desk. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, offers up the 5 following bills: 6 5594, by Senator Velella, an act 7 to amend the Insurance Law; 8 401-B, by Senator Maziarz, an act 9 to amend the Insurance Law; 10 1617, by Senator Velella, an act 11 to amend the Insurance Law; 12 1704, by Senator Maltese, an act 13 in relation to allowing certain Correction 14 members; 15 1914-A, by Senator Libous, an act 16 to amend the Penal Law; 17 2430, by Senator DeFrancisco, 18 concurrent resolution of the Senate and 19 Assembly; 20 2491, by Senator Waldon, an act 21 to amend the Public Authorities Law; 22 2667, by Senator LaValle, an act 23 authorizing the town of East Hampton; 24 3190, by Senator Trunzo, an act 25 to amend the Retirement and Social Security Law; 5806 1 3268, by Senator Skelos, an act 2 to amend the Retirement and Social Security Law; 3 3620, by Senator Libous, an act 4 to authorize the city of Binghamton; 5 4342, by Senator Saland, an act 6 to amend Chapter 524 of the Laws of 1987; 7 4583-A, by Senator Meier, an act 8 to amend the Penal Law; 9 4624, by Senator Farley, an act 10 to enable the county of Schenectady; 11 4808-A, by Senator Tully, an act 12 to authorize Stuart L. Ain to apply; 13 4846-A, by Senator Meier, an act 14 to amend the Social Services Law; 15 4893, by Senator Saland, an act 16 to authorize the city school district; 17 5107, by Senator Velella, an act 18 to amend the Public Authorities Law; 19 5159-A, by Senator Trunzo, an act 20 to amend the Public Authorities Law; 21 5320-C, by Senator Tully, an act 22 to amend the Public Health Law; 23 5458-A, by Senator LaValle, an 24 act to amend the Mental Hygiene Law; 25 5461, by Senator Spano, an act to 5807 1 amend the Vehicle and Traffic Law; 2 5479, by Senator Dollinger, an 3 act to amend the Vehicle and Traffic Law; 4 5531, by the Committee on Rules, 5 an act to amend Section 564; 6 5534, by Senator Marcellino, an 7 act authorizing the assessor of the county of 8 Nassau; 9 5537, by Senator Goodman, an act 10 to amend the Alcoholic Beverage Control Law; 11 5563, by Senator Saland, an act 12 to authorize the Commissioner of General 13 Services; 14 5581, by Senator Farley, an act 15 to amend the Vehicle and Traffic Law; and 16 5602, by Senator DeFrancisco, an 17 act authorizing and directing. 18 All bills direct to third 19 reading. 20 ACTING PRESIDENT KUHL: Senator 21 Skelos. 22 SENATOR SKELOS: Move to accept 23 the report of the Rules Committee. 24 ACTING PRESIDENT KUHL: Motion is 25 to accept the report of the Rules Committee. All 5808 1 in favor signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 The Rules report is accepted. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 at this time if we could take up Calendar Number 9 1330, Senate Print 5594, by Senator Velella. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the title to Calendar Number 1330. 12 THE SECRETARY: Calendar Number 13 1330, by Senator Velella Senate Print 5594, an 14 act to amend the Insurance Law, in relation to 15 chiropractic care. 16 SENATOR PATERSON: Explanation. 17 ACTING PRESIDENT KUHL: Senator 18 Velella, an explanation has been requested by 19 Senator Paterson. 20 SENATOR VELELLA: This bill will 21 give chiropractors parity with other health care 22 professionals with regard to health care insur 23 ance. It basically divides health care insur 24 ance which will now be covered by chiropractors 25 into two different groups: Those that are 5809 1 covered by managed care products that imposes 2 the same co-payment, co-insurance benefits or 3 reasonable utilization review that is imposed on 4 other HMOs, participators or suppliers, and in 5 the case of indemnity policies, it restricts the 6 visits to 15 visits under an indemnity policy 7 and the carrier may impose utilization review 8 requirements after those 15 visits. That 9 provision is sunsetted in December -- on 10 December 31st of 1999, and the Superintendent of 11 Insurance will conduct a study on the 12 utilization review trends, cost impacts of 13 including chiropractic in indemnity policies, 14 but at that point in time that report will be 15 given to the Legislature and they will decide 16 whether or not to continue chiropractic services 17 in an indemnity plan or whether or not to adopt 18 a different type of philosophy in approaching 19 them as to whether or not they're cost 20 effective. 21 ACTING PRESIDENT KUHL: Senator 22 Paterson. 23 SENATOR PATERSON: Mr. President, 24 I'm very satisfied with that explanation and 25 would like to support the bill but since you're 5810 1 here, Senator Velella, your time shouldn't go to 2 waste. 3 Will you yield for a quick 4 question? 5 SENATOR VELELLA: Sure, if you 6 will take a quick answer. 7 SENATOR PATERSON: Do you think 8 this will impose a mandate on insurance to 9 provide coverage that it otherwise would not? 10 It doesn't change our view of the bill. I just 11 wondered from your knowledge. 12 SENATOR VELELLA: I guess you can 13 call it whatever you want. You can look at it 14 and say, is the glass half full, is the glass 15 half empty? Is it a mandate? Is some of this 16 covered now? Yes. Some policies allow it, some 17 don't. It gives parity to the chiropractors, 18 treats them as the professionals, licensed 19 professionals they are, allows them to be 20 reimbursed only for that which is defined in the 21 scope of practice under the Health Law, that for 22 which they are licensed, no more, no less, and 23 gives them equality. Rather than a mandate, I 24 would look at it as a parity or an equality 25 bill. 5811 1 SENATOR PATERSON: That makes it 2 even easier to vote for it then than last year 3 because it kind of creates a kind of limitation 4 there. 5 Well, thank you very much, 6 Senator Velella. 7 Mr. President, why don't we just 8 do the last section, pass the bill and get out 9 of here. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect January 1st, 1998. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 any housekeeping at the desk? 23 ACTING PRESIDENT KUHL: Yes, we 24 do have some. 25 We'll return to motions and 5812 1 resolutions. Chair recognizes Senator Tully. 2 SENATOR TULLY: Thank you, Mr. 3 President. 4 I wish to call up my bill, Print 5 Number 4111, recalled from the Assembly which is 6 now at the desk. 7 ACTING PRESIDENT KUHL: Secretary 8 will read. 9 THE SECRETARY: By Senator Tully, 10 Senate Print 4111, an act to amend Chapter 521 11 of the Laws of 1994. 12 ACTING PRESIDENT KUHL: Senator 13 Tully. 14 SENATOR TULLY: Yes, Mr. 15 President. I now move to reconsider the vote by 16 which this bill was passed. 17 ACTING PRESIDENT KUHL: Secretary 18 will call the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration.) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT KUHL: Senator 23 Tully. 24 SENATOR TULLY: Mr. President, I 25 now offer the following amendments. 5813 1 ACTING PRESIDENT KUHL: 2 Amendments received and adopted. 3 Senator Tully. 4 SENATOR TULLY: Mr. President, on 5 page 43, I offer the following amendments to 6 Calendar Number 495, on behalf of Senator 7 Hannon, Senate Print 3000-B, and ask that said 8 bill retain its place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to Calendar Number 495 are received 12 and adopted. The bill will retain its place on 13 the Third Reading Calendar. 14 SENATOR PATERSON: Mr. President, 15 may I have unanimous consent to be recorded in 16 the negative on Calendar Number 1193. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson, you wish to request -- wish to have 19 unanimous consent to be recorded in the negative 20 on Calendar Number 1193? 21 SENATOR PATERSON: Yes. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator 24 Paterson will be recorded in the negative on 25 Calendar Number 1193. 5814 1 Senator DeFrancisco. 2 SENATOR DeFRANCISCO: I request 3 unanimous consent to be recorded in the negative 4 on Calendar Number 454. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, Senator 7 DeFrancisco will be recorded in the negative on 8 Calendar Number 454. 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: Request 11 unanimous consent to be recorded in the negative 12 on Calendar Number 1193. 13 ACTING PRESIDENT KUHL: Without 14 objection, hearing no objection, Senator 15 Oppenheimer will be recorded in the negative on 16 Calendar Number 1193. 17 Senator Hoffmann. 18 SENATOR HOFFMANN: I would 19 request unanimous consent, Mr. President, to be 20 recorded in the negative on Calendar Number 21 1193. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator 24 Hoffmann will be recorded in the negative on 25 Calendar Number 1193. 5815 1 Is there any other Senator 2 wishing to record a vote that hasn't previously 3 recorded, or was recorded wrongly? Hearing none, 4 Senator, that completes the housekeeping, 5 Senator Skelos. 6 SENATOR SKELOS: There being no 7 further business, I move we adjourn until 8 Tuesday, June 24th at 1:30. 9 ACTING PRESIDENT KUHL: Without 10 objection, the Senate stands adjourned until 11 tomorrow, Tuesday, June 24th, note the time 12 change, 1:30 p.m. 13 (Whereupon at 5:43 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25