Regular Session - February 7, 1996
1178
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8 ALBANY, NEW YORK
9 February 7, 1996
10 3:00 p.m.
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13 REGULAR SESSION
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17 SENATOR MARY LOU RATH, Acting President
18 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT RATH: Senate
3 will come to order.
4 All please rise and join me in
5 the Pledge of Allegiance.
6 (Whereupon, the Senate and those
7 present joined in the Pledge of Allegiance to
8 the Flag.)
9 We will observe a moment of
10 silence.
11 (Whereupon, there was a moment of
12 silence.)
13 Thank you. Reading of the
14 Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, February 6th. The Senate met pursuant
17 to adjournment. The Journal of Monday, February
18 5th, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT RATH: The
21 Journal has been read. Without objection, the
22 Journal stands approved as read.
23 Presentation of petitions.
1180
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Farley.
9 SENATOR FARLEY: Thank you, Madam
10 President. On behalf of Senator Saland, on page
11 16, I offer the following amendments to Calendar
12 Number 218, Senate Print Number 2916, and I ask
13 that that bill retain its place on the Third
14 Reading Calendar.
15 ACTING PRESIDENT RATH:
16 Amendments received.
17 Substitutions at the desk.
18 THE SECRETARY: On page 12,
19 Senator Levy moves to discharge from the
20 Committee on Transportation Assembly Bill 1849
21 and substitute it for the identical Senate Bill
22 371.
23 On page 12, Senator Levy moves to
1181
1 discharge from the Committee on Alcoholism and
2 Drug Abuse Assembly Bill 6048B and substitute it
3 for the identical Senate Bill 380.
4 On page 12, Senator Larkin moves
5 to discharge from the Committee on
6 Transportation Assembly Bill 412 and substitute
7 it for the identical Senate Bill 4222.
8 On page 15, Senator Volker moves
9 to discharge from the Committee on Codes
10 Assembly Bill 5707B and substitute it for the
11 identical Senate Bill 5741.
12 ACTING PRESIDENT RATH:
13 Substitutions are ordered.
14 Senator Skelos, are you ready for
15 the calendar?
16 SENATOR SKELOS: Madam President,
17 at this time, may we please have the noncontro
18 versial calendar read?
19 ACTING PRESIDENT RATH: Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 42, by Senator Levy, Senate Print 369, an act to
23 amend the Vehicle and Traffic Law, in relation
1182
1 to authorizing the proration of registration
2 fees.
3 ACTING PRESIDENT RATH: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 1st day of
7 September.
8 ACTING PRESIDENT RATH: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 31.
12 ACTING PRESIDENT RATH: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 48, by Senator Levy, Senate Print 4857, an act
16 to amend the Vehicle and Traffic Law, in
17 relation to increasing fines associated with
18 passing school buses.
19 ACTING PRESIDENT RATH: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 1st day of
23 November.
1183
1 ACTING PRESIDENT RATH: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 32.
5 ACTING PRESIDENT RATH: The bill
6 is passed.
7 THE SECRETARY: Calendar 133, by
8 Senator Cook, Senate Print 418, an act to amend
9 the Environmental Conservation Law, in relation
10 to permitting certain directional signs in the
11 Catskill Park.
12 SENATOR PATERSON: Lay it aside.
13 ACTING PRESIDENT RATH: Lay the
14 bill aside.
15 THE SECRETARY: Calendar 153, by
16 Senator Leibell, Senate Print 2741, an act to
17 amend the Real Property Tax Law, in relation to
18 collection of taxes.
19 ACTING PRESIDENT RATH: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT RATH: Call the
1184
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 32.
4 ACTING PRESIDENT RATH: The bill
5 is passed.
6 THE SECRETARY: Calendar 155, by
7 Senator Marcellino, Senate Print 5489A, an act
8 to amend the General Municipal Law, in relation
9 to payments of certain insurance premiums.
10 ACTING PRESIDENT RATH: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT RATH: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 32.
18 ACTING PRESIDENT RATH: The bill
19 is passed.
20 THE SECRETARY: Calendar 157, by
21 Senator Cook, Senate Print 221, an act to amend
22 the General Municipal Law, in relation to
23 establishing uniform procedures.
1185
1 ACTING PRESIDENT RATH: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT RATH: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 32.
9 ACTING PRESIDENT RATH: The bill
10 is passed.
11 THE SECRETARY: Calendar 159, by
12 Senator Marchi, Senate Print 3009, an act
13 directing the City of New York to refund to
14 certain not-for-profit organizations.
15 ACTING PRESIDENT RATH: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT RATH: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 32.
23 ACTING PRESIDENT RATH: The bill
1186
1 is passed.
2 THE SECRETARY: Calendar 163, by
3 Senator Cook, Senate Print 2902A, an act to
4 amend the Education Law, in relation to
5 authorizing electronic funds transfer of state
6 aid payments.
7 ACTING PRESIDENT RATH: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 1st day of July.
11 ACTING PRESIDENT RATH: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 32.
15 ACTING PRESIDENT RATH: The bill
16 is passed.
17 THE SECRETARY: Calendar 164, by
18 Senator Cook, Senate Print 3913A, an act to
19 amend the Education Law, in relation to the
20 transportation of pupils.
21 ACTING PRESIDENT RATH: Read the
22 last section.
23 THE SECRETARY: Section 2. This
1187
1 act shall take effect immediately.
2 ACTING PRESIDENT RATH: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 32.
6 ACTING PRESIDENT RATH: The bill
7 is passed.
8 THE SECRETARY: Calendar 165, by
9 Senator Tully, Senate Print 3644.
10 SENATOR STACHOWSKI: Lay it
11 aside.
12 ACTING PRESIDENT RATH: Lay the
13 bill aside.
14 Senator Skelos, that completes
15 the noncontroversial reading of the calendar.
16 SENATOR SKELOS: Madam President,
17 if we could take up the controversial calendar.
18 ACTING PRESIDENT RATH: The clerk
19 will read.
20 THE SECRETARY: Calendar 133, by
21 Senator Cook, Senate Print 418, an act to amend
22 the Environmental Conservation Law, in relation
23 to permitting certain directional signs in the
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1 Catskill Park.
2 SENATOR PATERSON: Explanation.
3 ACTING PRESIDENT RATH:
4 Explanation has been requested by Senator
5 Paterson.
6 Chair recognizes Senator Cook.
7 SENATOR COOK: Madam President,
8 thank you.
9 This bill really expands slightly
10 upon the existing law which permits logo type
11 signs on the roads. The difficulty that we have
12 in the Catskills, as in other tourist type
13 areas, is that while the logo sign points to the
14 -- tells the person at what exit they may get
15 off the main highway, there may be several more
16 turns prior to the time when the individual
17 actually reaches the destination, and what this
18 bill would permit would be the placement of
19 small signs at those intersections which would
20 indicate which fork of the road an individual is
21 supposed to follow in order to finally reach
22 their destination.
23 ACTING PRESIDENT RATH: Is there
1189
1 any other discussion?
2 Senator Paterson.
3 SENATOR PATERSON: If Senator
4 Cook would yield for a brief question.
5 ACTING PRESIDENT RATH: Senator
6 Cook.
7 SENATOR COOK: Yes.
8 ACTING PRESIDENT RATH: Senator
9 Cook will yield.
10 SENATOR PATERSON: Thank you so
11 much, Senator Cook. As you know, our concern on
12 this is the integrity of the park, and we feel
13 that, in other areas, one alternative has been
14 the establishment of the kiosks, where all the
15 information would be available so you don't have
16 a plethora of signs flooding the park.
17 People don't come to the park to
18 see the signs. They come to enjoy the park, but
19 we do understand the need that business has to
20 advertise. What about the kiosk as an
21 alternative to what you are proposing in this
22 bill?
23 ACTING PRESIDENT RATH: Senator
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1 Cook.
2 SENATOR COOK: A kiosk located in
3 -- let's say at the Thruway exit in Kingston is
4 a good way of telling people the general
5 location of a particular business, but the
6 difficulty is that it's one thing to be 25 miles
7 away and have somebody tell you generally where
8 you are supposed to go. It's a different thing
9 to be driving your car down the road and
10 suddenly come to a fork in the road and not know
11 which way you are supposed to travel, and I can
12 tell you there are locations that you can find
13 yourselves in some pretty remote areas with no
14 way of turning around, as I have sometimes found
15 myself, if you don't have some better direction
16 as to where you are going, and that's really all
17 these signs are intended to be is a small arrow
18 with the business name on it saying, "Go on the
19 left fork instead of the right fork."
20 ACTING PRESIDENT RATH: There
21 being no other speakers, read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
1191
1 ACTING PRESIDENT RATH: Call the
2 roll.
3 SENATOR SKELOS: Would you lay
4 that bill aside temporarily.
5 ACTING PRESIDENT RATH: The bill
6 will be laid aside temporarily.
7 Clerk shall read.
8 THE SECRETARY: Calendar 165, by
9 Senator Tully, Senate Bill 3644, an act to amend
10 the Public Authorities Law, in relation to the
11 use of video conferencing equipment.
12 SENATOR STACHOWSKI: Explanation.
13 ACTING PRESIDENT RATH:
14 Explanation has been requested.
15 Senator Tully.
16 SENATOR TULLY: Thank you, Madam
17 President. This legislation would allow the
18 Environmental Facilities Corporation to use
19 video conferencing equipment for attendance by
20 board members. It's a departmental bill.
21 ACTING PRESIDENT RATH: Senator
22 Stachowski.
23 SENATOR STACHOWSKI: Madam
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1 President. Would Senator Tully yield for a
2 couple questions?
3 ACTING PRESIDENT RATH: Senator
4 Tully, will you yield?
5 SENATOR TULLY: Yes, Madam
6 President.
7 ACTING PRESIDENT RATH: Yes.
8 SENATOR STACHOWSKI: Senator
9 Tully, didn't the people who agreed to serve on
10 this board realize that there would be meetings
11 and where the location of those meetings would
12 take place when they accepted the appointment to
13 the board?
14 SENATOR TULLY: Yes, Madam
15 President. I really can't speak for them, but I
16 would expect that to be true.
17 SENATOR STACHOWSKI: Still -- I
18 understand the convenience, and in the
19 committee, we also talked about that the public
20 would get more input, because if they happened
21 to be at the location that the committee member
22 that couldn't make it to the meeting was at,
23 they possibly could get some public input. Was
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1 that one of the selling points of this video
2 technology?
3 SENATOR TULLY: Yeah, they did
4 want to make sure, Madam President, that public
5 participation would be not adversely affected.
6 SENATOR STACHOWSKI: Thank you,
7 Senator.
8 On the bill.
9 ACTING PRESIDENT RATH: On the
10 bill.
11 SENATOR STACHOWSKI: I'm not
12 against technology, but I have a problem with
13 the fact that people accepted positions on this
14 board and were expected to attend a limited
15 number of meetings. I don't think the number of
16 meetings is a large amount. I don't agree with
17 the argument that the public gets more input,
18 because if you don't happen to be in that
19 location where the non -- the person who isn't
20 at the meeting is at, doing the video
21 conferencing, you don't get any input. So you
22 either have to be at where the meeting is or at
23 where the member is to get any kind of
1194
1 additional input, so the people in other parts
2 of the state who maybe don't have a member don't
3 get that advantage of having that kind of video
4 setup for active participation.
5 The example I'm going to use to
6 explain why I think it's a negative idea rather
7 than a positive is that there was a lot of
8 surprise and possibly even, in some areas,
9 dismay over the fact that the SUNY Board of
10 Trustees this year made a rather controversial
11 vote with regard to this year's budget, and they
12 did a lot of that using telecommunications or
13 telephone as a way of getting the votes in to
14 support what was considered by many in the
15 University system to be a controversial and, in
16 some places, an adversarial vote to the
17 University's well-being when they took an early
18 position that accepted a cut and proposed a
19 tuition increase.
20 So that I think that that's the
21 kind of thing we want to avoid, and I don't
22 think that we want to expand that kind of
23 capability to other areas where they are doing
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1 financing and where there's limited amounts of
2 money, and only for those reasons -- and not
3 because I'm Neanderthal and don't want to see us
4 advance into telecommunication capabilities -
5 am I going to oppose this bill.
6 ACTING PRESIDENT RATH: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT RATH: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT RATH: Announce
14 the vote.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 165 are Senators
17 Connor, Nanula, Onorato, Paterson, Stachowski
18 and Waldon. Ayes 34, nays 6.
19 ACTING PRESIDENT RATH: The bill
20 is passed.
21 THE SECRETARY: Also Senator
22 Oppenheimer.
23 SENATOR SKELOS: Madam President.
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1 ACTING PRESIDENT RATH: Senator
2 Skelos.
3 SENATOR SKELOS: On calendar
4 Number 159, by Senator Marchi, I move we
5 reconsider the vote by which the bill was
6 passed.
7 ACTING PRESIDENT RATH: Secretary
8 will call the roll on reconsideration.
9 (The Secretary called the roll on
10 reconsideration.)
11 THE SECRETARY: Ayes 40.
12 SENATOR SKELOS: Lay it aside.
13 ACTING PRESIDENT RATH: Lay the
14 bill aside.
15 SENATOR SKELOS: Is there any
16 housekeeping at the desk?
17 (There was no response.)
18 We'll stand at ease.
19 ACTING PRESIDENT RATH: We'll
20 stand at ease.
21 Senator Cook, why do you rise?
22 SENATOR COOK: Madam President,
23 can I star a bill? Calendar Number 170, Senate
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1 Bill 2964, page 10 on today's calendar, would
2 you star that, please.
3 ACTING PRESIDENT RATH: The bill
4 is starred at the request of the sponsor.
5 Senate stands at ease.
6 (The Senate was at ease for a
7 moment.)
8 ACTING PRESIDENT RATH: Senator
9 Santiago.
10 SENATOR SANTIAGO: May I ask
11 unanimous consent to be recorded in the negative
12 on Calendar 165, please.
13 ACTING PRESIDENT RATH: Senator
14 Santiago has requested unanimous consent to be
15 recorded in the negative on Calendar Number
16 165. Without objection.
17 SENATOR SKELOS: Madam President.
18 ACTING PRESIDENT RATH: Senator
19 Skelos.
20 SENATOR SKELOS: Is there any
21 housekeeping at the desk?
22 ACTING PRESIDENT RATH: No,
23 Senator Skelos.
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1 SENATOR SKELOS: There being no
2 further business, I move we adjourn until
3 Monday, February 12th, 1996, at 3:00 p.m. sharp,
4 intervening days to be legislative days.
5 ACTING PRESIDENT RATH: Without
6 objection, the Senate stands adjourned until
7 Monday, February 12th, at 3:00 p.m., intervening
8 days to be legislative days.
9 (Whereupon, at 11:19 a.m., the
10 Senate adjourned.)
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