Regular Session - June 2, 1997
4455
1
2
3
4
5
6
7
8
9 ALBANY, NEW YORK
10 June 2, 1997
11 3:05 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEPHEN F. SLOAN, Secretary
20
21
22
23
24
25
4456
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would you please rise and join
5 with me in the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 May we bow our heads in a moment
9 of silence.
10 (A moment of silence was
11 observed.)
12 The reading of the Journal,
13 please.
14 THE SECRETARY: In Senate,
15 Friday, May 30th. The Senate met pursuant to
16 adjournment. The Journal of Thursday, May 29th,
17 was read and approved. On motion, Senate
18 adjourned.
19 THE PRESIDENT: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
4457
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Yes, Madam
6 President. On behalf of Senator Libous, please
7 remove the sponsor star from Calendar Numbers
8 237 and 264.
9 THE PRESIDENT: So ordered.
10 SENATOR MARCELLINO: Also, Madam
11 President, I wish to call up Senator Stafford's
12 bill, Print Number 3164, recalled from the
13 Assembly, which is now at the desk.
14 THE PRESIDENT: Secretary will
15 read.
16 THE SECRETARY: By Senator
17 Stafford, Senate Print 3164, an act to amend the
18 Education Law and Chapter 698 of the Laws of
19 1996.
20 SENATOR MARCELLINO: Madam
21 President, I now move to reconsider the vote by
22 which this bill was passed.
23 THE PRESIDENT: The Secretary
24 will call the roll on reconsideration.
25 (The Secretary called the roll on
4458
1 reconsideration.)
2 THE SECRETARY: Ayes 40.
3 THE PRESIDENT: The bill is
4 before the house.
5 Senator Marcellino.
6 SENATOR MARCELLINO: Madam
7 President, I now offer the following amendments.
8 THE PRESIDENT: Amendments
9 received.
10 Senator Tully.
11 SENATOR TULLY: Madam President,
12 on behalf of Senator Cook, on page 19, I offer
13 the following amendments to Calendar Number 587,
14 Senate Print Number 2803, and ask that said bill
15 retain its place on the Third Reading Calendar.
16 THE PRESIDENT: Amendments
17 received.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 I believe there is a privileged resolution at
21 the desk by Senator Seward. May we please have
22 it read in its entirety and move for its
23 immediate adoption.
24 THE PRESIDENT: The Secretary
25 will read.
4459
1 THE SECRETARY: By Senator
2 Seward, Legislative Resolution commending the
3 Pioneering Partners Foundation upon the occasion
4 of honoring the 16 schools in the State of New
5 York that were recipients of its Award since
6 1992 to be celebrated on June 2, 1997.
7 WHEREAS, it is the sense of this
8 Legislative Body to act, in accord with its
9 long-standing traditions, honoring the youth of
10 today, leaders of tomorrow, teachers and
11 administrators, whose character and achievements
12 best exemplify the ideals and values cherished
13 by this great State and Nation.
14 This Legislative Body is proud to
15 commend the Pioneering Partners Foundation upon
16 the occasion of honoring the 16 schools in the
17 State of New York that were recipients of its
18 Award since 1992 to be celebrated at a reception
19 in the "Well" of the Legislative Office
20 Building, Albany, New York, on Monday, June 2,
21 1997.
22 The Pioneering Partners
23 Foundation is a nonprofit, nonpartisan
24 philanthropic organization dedicated to
25 achieving systemic education reform by expanding
4460
1 the innovative use of technology in the
2 classroom.
3 Pioneering Partners Foundation
4 meets the goal by supporting outstanding teams
5 of educators who, in partnership with business
6 and government leaders, are leading their
7 students, schools and communities, in realizing
8 path-breaking educational achievements.
9 Over the past five years
10 Pioneering Partners has grown into a broad-based
11 network of more than 500 teachers, administrat
12 ors, community officials and business and
13 government leaders, working together to improve
14 learning, strengthen schools and benefit
15 students.
16 The prestige of the "Pioneering
17 Partners Award" has also enabled broad-based
18 coalitions of educators, community leaders,
19 local and state policy-makers and business
20 executives to ignite systemic change far beyond
21 the teams' school districts and has helped them
22 leverage additional funding awards for their
23 projects.
24 The Cobleskill-Richmondville
25 Central School was one of four New York State
4461
1 school districts to receive the "Pioneering
2 Partners Award" in 1996; the other three school
3 districts included: Barker Central School,
4 Canajoharie Central School, and Berne-Knox
5 Westerlo Central School District.
6 The Pioneering Partners
7 Foundation's mission is to identify, reward,
8 train and provide ongoing support to outstanding
9 teachers who have led their students, fellow
10 teachers, and community in realizing
11 path-breaking educational achievements through
12 the innovative use of technology.
13 Now, therefore, be it resolved,
14 that this Legislative Body pause in its
15 deliberations to commend the Pioneering Partners
16 Foundation upon the occasion of honoring the 16
17 schools in the State of New York that were
18 recipients of its Award since 1992 to be
19 celebrated on June 2, 1997; and be it further
20 Resolved, that a copy of this
21 resolution, suitably engrossed, be transmitted
22 to Pioneering Partners Foundation.
23 SENATOR SEWARD: Mr. President.
24 ACTING PRESIDENT MAZIARZ:
25 Senator Seward.
4462
1 SENATOR SEWARD: Mr. President,
2 just to speak very briefly on the resolution -
3 ACTING PRESIDENT MAZIARZ:
4 Senator Seward, on the resolution.
5 SENATOR SEWARD: -- which says it
6 all very, very well, but I would be remiss if I
7 did not rise to echo the sentiments expressed in
8 the resolution.
9 There is no question, Mr.
10 President, that technology is very, very
11 important to our educational system both in its
12 importance of exposing our students and our
13 schools to technology and all that that has to
14 offer in preparing them for a life and careers
15 after school but also technology is important as
16 a tool for instruction and better instructing
17 and preparing our young people for the future,
18 and that's why organizations such as Pioneering
19 Partners Foundation and all that they do to
20 support educators who are working with community
21 leaders and business leaders and fellow
22 educators help to bring this technology to our
23 schools, to our classrooms and, thus, to our
24 students throughout New York State schools.
25 The program goals of Pioneering
4463
1 Partners is, of course, to recognize and provide
2 grant funding for educators who have
3 successfully applied technology in improving
4 learning. They help to disseminate this
5 information in these very innovative teaching
6 skills and techniques to other educators and
7 other community leaders. They are involved with
8 coalition building to bring together educators,
9 parents, community officials and business and
10 governmental leaders and, of course, very
11 importantly, working with professional
12 development.
13 We, in New York, have been
14 blessed over the years in having a number of our
15 school systems be recognized and awarded grants
16 and other recognition by Pioneering Partners.
17 Just last year, one of my leading school
18 districts in my Senate district, the
19 Cobleskill-Richmondville School District, was so
20 recognized, as well as, last year, the Barker
21 Central School, the Canajoharie Central School,
22 and the Berne-Knox-Westerlo Central School
23 District, as well; and over the past years,
24 other school districts across the state: the
25 Waterloo High School, the Gloversville City
4464
1 School, Shelter Island, PS 279 in Brooklyn,
2 North Colonie, the Berkshire, the Patchogue
3 Medford School System, the West Hill School in
4 Syracuse, the Pine Bush, New York City Community
5 School District Number 18 also in Brooklyn, the
6 East Ramapo School District in Spring Valley as
7 well as the North Syracuse Central School
8 District.
9 Mr. President, I would just
10 remind the members that from 5:00 to 6:30 p.m.
11 today that there will be a reception over in the
12 "Well" of the Legislative Office Building so
13 that all of the members will have an opportunity
14 to greet and congratulate the educators and
15 other representatives of these outstanding
16 school districts who are doing so much to bring
17 technology to our schools and to use that
18 technology to further education in this state.
19 So, Mr. President, I would hope
20 that we would unanimously pass this resolution
21 and congratulate all of the award winners, many
22 of whom are gathered here in the gallery today.
23 ACTING PRESIDENT MAZIARZ: Thank
24 you, Senator.
25 The question is on the
4465
1 resolution.
2 All those in favor signify by
3 saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The resolution is adopted.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President, I
10 believe there is a privileged Resolution Number
11 1584, by Senator Trunzo. May we please have it
12 read in its entirety and move for its immediate
13 adoption.
14 ACTING PRESIDENT MAZIARZ:
15 Secretary will read.
16 THE SECRETARY: By Senator
17 Trunzo, Legislative Resolution memorializing The
18 Honorable George E. Pataki, Governor of the
19 state of New York, to proclaim the week of June
20 the 2nd through the 6th, 1997, as New York City
21 Firefighters' Week in the State of New York.
22 WHEREAS, this is a week to
23 commend the contributions to New York State that
24 the New York City Firefighters provide us by
25 responding to our needs with extreme bravery at
4466
1 moments in our life when we are faced with
2 injury or possible death.
3 In commemorating June 2-6, 1997,
4 as New York City Firefighters' Week in the State
5 of New York, this Assembled Body honors those
6 who put their lives on the line in the
7 performance of their service to the community,
8 recognizing also that the daily performance of
9 such service by the New York City Firefighters
10 enables us to live and work with the security
11 that, if endangered, they will be there to
12 protect us.
13 These brave individuals often
14 have a thankless job and people often do not
15 recognize that such individuals risk their lives
16 every day that they go to work; these
17 individuals who choose such work should be
18 commended and recognized for their efforts.
19 While we show our appreciation
20 for New York City Firefighters, we should also
21 take a moment to remember those firefighters who
22 have lost their lives in service to their
23 communities and to remember their families and
24 their sacrifice.
25 Now, therefore, be it resolved,
4467
1 that this Legislative Body pause in its
2 deliberations to memorialize The Honorable
3 George E. Pataki to proclaim the week of June
4 2-6, 1997, as New York City Firefighters' Week
5 in New York State; and be it further
6 Resolved, that copies of this
7 Resolution, suitably engrossed, be transmitted
8 to The Honorable George E. Pataki, Governor of
9 the State of New York, and to the Uniform
10 Firefighters Association of New York City.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Trunzo.
13 SENATOR TRUNZO: Mr. President,
14 it really is a pleasure for me to get up to
15 sponsor this resolution on behalf of the New
16 York City Firefighters. They are a group, as
17 pointed out in the contents of this resolution,
18 that really risk their lives on a daily, daily
19 basis, and many people do not realize the hard
20 work and the risk that is associated with the
21 job that these firefighters do.
22 As you can recall, about three
23 weeks ago, we passed a resolution honoring the
24 professional firefighters of the State of New
25 York which, naturally, the New York City
4468
1 firefighters are included as part of that group;
2 however, it is important that they today be
3 recognized for the work that they do within the
4 City of New York as firefighters and the risks
5 that they take and the dedication that they do
6 for their job and for those many who have lost
7 their lives in relation to the work that they
8 do.
9 In regards to this resolution,
10 even though I have sponsored it and it was done
11 fairly quickly, I would like to open -- if it's
12 all right with the leadership, to open the
13 sponsorship of this resolution to all members of
14 the Senate. I think it's important that we all
15 recognize the Firefighters of the city of New
16 York. There are many of them up in the gallery
17 right now.
18 Again, I appreciate and we all
19 appreciate the work that you do on a daily
20 basis, and we wish you well.
21 Thank you.
22 ACTING PRESIDENT MAZIARZ: On the
23 question of opening it up to co-sponsors, is
24 that without objection, Senator Skelos?
25 SENATOR SKELOS: Yes, Mr.
4469
1 President. All members will be placed on the
2 resolution. If anybody wishes not to be
3 included, then they should notify the desk.
4 ACTING PRESIDENT MAZIARZ: So
5 ordered.
6 The question is on the
7 resolution.
8 All those in favor signify by
9 saying aye.
10 (Response of "Aye.")
11 Opposed.
12 (There was no response.)
13 The resolution is adopted.
14 On behalf of Senator Bruno and
15 all my colleagues in the New York State Senate,
16 we want to congratulate both groups that are
17 here with us in the gallery this afternoon, the
18 educators who are winners of the Pioneering
19 Partners Award and certainly the Firefighters
20 from the city of New York. You all do a very
21 great job.
22 Senator Bruno and all of my
23 colleagues in the New York State Senate
24 congratulate you. Thank you for being here.
25 (Applause.)
4470
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.
5 And if we could take up the
6 noncontroversial calendar.
7 ACTING PRESIDENT MAZIARZ: There
8 will be an immediate meeting of the Rules
9 Committee in Room 332.
10 Secretary will read the
11 noncontroversial calendar.
12 THE SECRETARY: Calendar Number
13 334, by Member of the Assembly Vitaliano,
14 Assembly Print 1484, an act to amend the Civil
15 Service Law, in relation to provisional
16 appointments made by the city school district.
17 ACTING PRESIDENT MAZIARZ: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 50.
25 ACTING PRESIDENT MAZIARZ: The
4471
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 696, by Member of the Assembly Connelly,
4 Assembly Print 3383, an act to amend Chapter 560
5 of the Laws of 1994.
6 ACTING PRESIDENT MAZIARZ: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAZIARZ: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 50.
14 ACTING PRESIDENT MAZIARZ: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 713, by Senator Maltese, Senate Print 3147, an
18 act authorizing the city of New York to reconvey
19 its interest in certain real property.
20 ACTING PRESIDENT MAZIARZ: There
21 is a home rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAZIARZ: Call
4472
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 50.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 714, by Senator Velella, Senate Print 4446A, an
8 act authorizing the assessor of the city of New
9 Rochelle to accept an application.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAZIARZ: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 50.
18 ACTING PRESIDENT MAZIARZ: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 727, by Senator Tully, Senate Print 138, an act
22 to amend the Vehicle and Traffic Law, in
23 relation to mandatory revocation of licenses.
24 ACTING PRESIDENT MAZIARZ: Read
25 the last section.
4473
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 50.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 757, by member of the Assembly Pheffer, Assembly
11 Print 5229, an act to amend the General
12 Obligations Law, in relation to interest on
13 security deposits.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first day of
18 January.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 50.
23 ACTING PRESIDENT MAZIARZ: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4474
1 758, by Senator Maziarz, Senate Print 4982, an
2 act to amend the Real Property Law, in relation
3 to eliminating the requirement that
4 advertisements for the sale or lease of
5 subdivided lands be filed with Department of
6 State fees paid therefor.
7 ACTING PRESIDENT MAZIARZ: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 50.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 770, by Senator Hannon, Senate Print 4361, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT MAZIARZ: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAZIARZ:
25 Calendar Number 791 is laid aside -- Oh, I'm
4475
1 sorry.
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 50.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 791, by Senator Stafford, Senate Print 5188, an
9 act to amend the Executive Law, in relation to
10 towns and villages.
11 ACTING PRESIDENT MAZIARZ:
12 Calendar Number 791 is laid aside for the day at
13 the request of the sponsor.
14 THE SECRETARY: Calendar Number
15 795, by Senator LaValle, Senate Print 3911A, an
16 act to establish a library district in the
17 Shoreham-Wading River Central School District.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 9. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 50.
4476
1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 797, by Member of the Assembly Galef, Assembly
5 Print 6890, an act to amend the Education Law,
6 in relation to the board of education in the
7 city of Peekskill.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 816, by Senator LaValle, Senate Print 3062, an
20 act to amend Chapter 246 of the Laws of 1916,
21 relating to the extermination of mosquitos.
22 ACTING PRESIDENT MAZIARZ: There
23 is a home rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
4477
1 act shall take effect immediately.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 50.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 817, by Senator Kuhl, Senate Print 3159, making
10 certain findings and determinations with respect
11 to certain bond anticipation notes.
12 ACTING PRESIDENT MAZIARZ: There
13 is a home rule message at the desk for Calendar
14 Number 817.
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 50.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 821, by Senator Alesi, Senate Print 3569, an act
4478
1 to amend the Real Property Tax Law, in relation
2 to permitting tax levying bodies to determine
3 the maximum amount.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 50.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 829, by Senator Rath, Senate Print 4357, an act
16 to amend the Real Property Tax Law and the
17 Agriculture and Markets Law.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 11. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 50.
4479
1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 862, by Senator Volker, Senate Print 4478, an
5 act to amend the Criminal Procedure Law, in
6 relation to permitting certain electronically
7 transmitted statements.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 886, by Senator Goodman, Senate Print 3651, an
20 act to amend the Alcoholic Beverage Control Law,
21 in relation to permitting the State Liquor
22 Authority to apply as payment for penalties.
23 ACTING PRESIDENT MAZIARZ: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4480
1 act shall take effect on the 60th day.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 50.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 897, by Senator Stafford, Senate Print 4249, an
10 act to amend the Tax Law, in relation to the
11 distribution of the additional mortgage
12 recording tax in Franklin County.
13 ACTING PRESIDENT MAZIARZ: There
14 is a local fiscal impact statement at the desk
15 for Calendar Number 879.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect in 30 days.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 50.
23 ACTING PRESIDENT MAZIARZ: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4481
1 901, by Senator Cook, Senate Print 4568, an act
2 to amend the Arts and Cultural Affairs Law, in
3 relation to designating New York State History
4 Month.
5 ACTING PRESIDENT MAZIARZ:
6 Calendar Number 901 is temporarily laid aside
7 awaiting substitution.
8 THE SECRETARY: Calendar Number
9 910, by Senator Marchi, Senate Print 4015A, an
10 act to amend the Navigation Law, in relation to
11 establishment of a rotation system for state
12 licensed marine pilots.
13 ACTING PRESIDENT MAZIARZ: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAZIARZ: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 50.
21 ACTING PRESIDENT MAZIARZ: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 931, by Senator Marcellino, Senate Print 5079A,
25 an act to amend the Navigation Law, in relation
4482
1 to requiring payors of major petroleum license
2 fees.
3 ACTING PRESIDENT MAZIARZ: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAZIARZ: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 932, by Senator Holland, Senate Print 236, an
15 act to amend the Social Services Law, in
16 relation to access to the Statewide Register of
17 Child Abuse and Maltreatment.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 50.
4483
1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 933, by Senator Skelos, Senate Print 557A, an
5 act to amend the Social Services Law and the
6 Family Court Act.
7 SENATOR PATERSON: Lay it aside.
8 ACTING PRESIDENT MAZIARZ: At the
9 request of the Deputy Minority Leader, we're
10 going to lay aside Calendar Number 933.
11 THE SECRETARY: Calendar Number
12 940, by Senator Saland, Senate Print 4519A, an
13 act to amend the Domestic Relations Law, the
14 Social Services Law and the Family Court Act.
15 ACTING PRESIDENT MAZIARZ: Read
16 the last section.
17 THE SECRETARY: Section 47. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 49, nays 1;
23 Senator Meier recorded in the negative.
24 ACTING PRESIDENT MAZIARZ: The
25 bill is passed.
4484
1 THE SECRETARY: Calendar Number
2 942, by Senator Saland, Senate Print 5135, an
3 act to amend the Executive Law, in relation to
4 certain records.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 50.
13 ACTING PRESIDENT MAZIARZ: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 943, by Senator Saland, Senate Print 5136, an
17 act to amend the Executive Law, in relation to
18 services to runaway and homeless youth.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 120th day.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
4485
1 THE SECRETARY: Ayes 50.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 953, by Senator Saland, Senate Print 5228, an
6 act to amend the Social Services Law, in
7 relation to allowing regional state park police
8 access.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 SENATOR MONTGOMERY: Lay it
14 aside.
15 ACTING PRESIDENT MAZIARZ: That
16 is Calendar Number 953, which will be laid aside
17 at the request of Senator Montgomery.
18 THE SECRETARY: Calendar Number
19 964, by Senator Marchi, Senate Print 713, an act
20 to amend the Public Authorities Law, in relation
21 to directing the Triborough Bridge and Tunnel
22 Authority to establish a system of one
23 directional toll.
24 SENATOR PATERSON: Lay it aside.
25 ACTING PRESIDENT MAZIARZ:
4486
1 Calendar Number 964 will be laid aside at the
2 request of the Deputy Minority Leader.
3 THE SECRETARY: Calendar Number
4 968, by Senator Levy, Senate Print 919, an act
5 to amend the Public Authorities Law, in relation
6 to requiring the Metropolitan Transportation
7 Authority to issue.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 982, by Senator Saland, Senate Print 2703A, an
20 act to amend the Vehicle and Traffic Law, in
21 relation to authorizing the permit parking
22 system in the city of Beacon.
23 ACTING PRESIDENT MAZIARZ: There
24 is a home rule message at the desk for Calendar
25 Number 982.
4487
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAZIARZ: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 50.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 984, by Senator Leibell, Senate Print 3551, an
12 act to amend the Vehicle and Traffic Law, in
13 relation to membership of traffic and safety
14 board.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Paterson.
17 SENATOR PATERSON: Mr. President,
18 the issue has been resolved.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
4488
1 THE SECRETARY: Ayes 50.
2 SENATOR PATERSON: Lay aside the
3 bill.
4 ACTING PRESIDENT MAZIARZ:
5 Withdraw the roll call. Lay the bill aside,
6 Calendar Number 984, at the request of the
7 Deputy Minority Leader.
8 THE SECRETARY: Calendar Number
9 990, by Senator Levy, Senate Print 4179, an act
10 to amend the Highway Law, in relation to
11 transportation facility emergency work.
12 ACTING PRESIDENT MAZIARZ: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAZIARZ: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 50.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1057, by Member of the Assembly Tocci, Assembly
24 Bill 4552, an act to amend the Education Law, in
25 relation to the eligibility of Vietnam and
4489
1 Persian Gulf veterans.
2 ACTING PRESIDENT MAZIARZ: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAZIARZ: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 50.
10 ACTING PRESIDENT MAZIARZ: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1069, by the Assembly Committee on Rules,
14 Assembly Print 8067, an act to enact the Private
15 Activity Bond Act of 1997.
16 SENATOR LEICHTER: Lay it aside.
17 ACTING PRESIDENT MAZIARZ: Lay
18 aside Calendar Number 1069 at the request of the
19 Senator Leichter.
20 Senator Skelos, that completes
21 the reading of the noncontroversial calendar.
22 SENATOR SKELOS: Mr. President,
23 there will be an immediate meeting of the Crime,
24 Crime Victims Committee in the Majority
25 Conference Room.
4490
1 ACTING PRESIDENT MAZIARZ: There
2 will be an immediate meeting of the Crime
3 Victims, Crime and Corrections Committee in the
4 Majority Conference Room.
5 Senator Skelos.
6 SENATOR SKELOS: We can take up
7 the controversial calendar.
8 ACTING PRESIDENT MAZIARZ:
9 Secretary will read the controversial calendar.
10 THE SECRETARY: In relation to
11 Calendar 901, Senator Cook moves to discharge
12 from the Committee on Rules Assembly Bill Number
13 7066 and substitute it for the identical Senate
14 Third Reading 901.
15 ACTING PRESIDENT MAZIARZ:
16 Substitution ordered.
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 901, by Member of the Assembly McEneny, Assembly
20 Print 7066, an act to amend the Arts and
21 Cultural Affairs Law, in relation to designating
22 New York State History Month.
23 ACTING PRESIDENT MAZIARZ: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4491
1 act shall take effect immediately.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 50.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 933, by Senator Skelos, Senate Print 557A, an
10 act to amend the Social Services Law and the
11 Family Court Act, in relation to proof of a
12 neglected or abused child.
13 SENATOR MONTGOMERY: Explanation.
14 ACTING PRESIDENT MAZIARZ:
15 Read -- I'm sorry.
16 Senator Skelos, Senator
17 Montgomery has requested an explanation of
18 Calendar Number 933.
19 SENATOR SKELOS: Mr. President,
20 this bill, which was extensively debated last
21 year and passed with two dissenting votes, would
22 basically reverse a Court of Appeals decision in
23 1995 which rendered a positive toxicology test
24 of a newborn no longer sufficient to support an
25 indicated report without more evidence of abuse
4492
1 and neglect. In essence, the child must now be
2 released back to the parents for further abuse
3 and neglect before Social Services can then
4 intervene.
5 This legislation seeks to change
6 what I believe is flawed case law so that
7 newborn infants born with an illegal substance
8 in their system will be included within the
9 definition of a neglected child, thereby deeming
10 a positive toxicology and other drug-related
11 symptoms to be prima facie proof of neglect. It
12 also raises a rebuttable presumption that the
13 release of such a child to the parent presents
14 an imminent danger to the child's life or
15 health.
16 This bill will provide that when
17 a mother uses a controlled substance during her
18 pregnancy without a prescription causing her
19 child to be born with positive toxicity for such
20 drugs that this is proof of neglect in and of
21 itself. In turn, this would allow the state to
22 take appropriate and necessary protective
23 measures for the safety of a child.
24 ACTING PRESIDENT MAZIARZ:
25 Senator Montgomery.
4493
1 SENATOR MONTGOMERY: Yes, Mr.
2 President. If Senator Skelos would yield for
3 just a couple of questions?
4 ACTING PRESIDENT MAZIARZ:
5 Senator Skelos, would you yield for a question
6 from Senator Montgomery?
7 SENATOR SKELOS: Yes.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Montgomery.
10 SENATOR MONTGOMERY: Yes.
11 Senator, I voted no last year, and I'm just
12 wondering if the bill has changed any to reflect
13 the same status for the mother as we do for the
14 child; in other words, the child is immediately
15 going to be deemed to be eligible for protection
16 by the state or the city.
17 SENATOR SKELOS: The child will
18 be deemed eligible for protection -
19 SENATOR MONTGOMERY: For
20 protection.
21 SENATOR SKELOS: -- by Social
22 Services, yes.
23 SENATOR MONTGOMERY: What happens
24 then to the mother in that instance?
25 SENATOR SKELOS: Family Services,
4494
1 whatever the normal process is. This bill is
2 really concerned with protecting the child.
3 SENATOR MONTGOMERY: So that in
4 the event the child is born with these
5 indications, the mother is automatically going
6 to be placed in some sort of a drug treatment,
7 or is there some special -
8 SENATOR SKELOS: What happens is
9 Social Services tries to get the mother help and
10 counseling to help extricate herself from this
11 unfortunate situation. But, again, this
12 legislation really deals with what do we do with
13 this child, this newborn child?
14 SENATOR MONTGOMERY: All right.
15 Mr. President, just one -- one last question.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Skelos, would you yield to one more
18 question from Senator Montgomery?
19 SENATOR SKELOS: Yes, Mr.
20 President.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Montgomery.
23 SENATOR MONTGOMERY: Senator
24 Skelos, in the event that there is a false
25 positive result -- I'm assuming that there are
4495
1 other indicators that you use, but what if there
2 is a false positive test, is there any provision
3 for that?
4 SENATOR SKELOS: There is a
5 rebuttable presumption that that child should
6 not belong with the mother, so that could be
7 rebutted if there is a false positive. Just
8 like if the controlled substance within that
9 child has been prescribed to the mother, if it's
10 been a legal prescription to the mother.
11 SENATOR MONTGOMERY: Is there any
12 way that a parent who is already in a drug
13 treatment is handled differently, if there is a
14 person who is already in a treatment program?
15 SENATOR SKELOS: Senator
16 Montgomery, it is my understanding that for
17 there to be a positive toxicity report with a
18 child that the mother literally had to be taking
19 the drugs on the way to the hospital to give
20 birth. So that the mother may be in counseling
21 but at that point is still taking a drug,
22 especially "crack" cocaine, which is generally
23 what we're dealing with in these instances.
24 ACTING PRESIDENT MAZIARZ:
25 Senator Montgomery.
4496
1 SENATOR MONTGOMERY: All right.
2 And what happens when the child is taken from
3 the mother?
4 ACTING PRESIDENT MAZIARZ:
5 Senator Skelos, do you continue to yield?
6 SENATOR SKELOS: Yes, Mr.
7 President.
8 SENATOR MONTGOMERY: When a
9 decision is made to take the child?
10 SENATOR SKELOS: Protective
11 Services would come in and do their
12 investigation as they do with any other
13 incidents of neglect or abuse of a child. All
14 this does is change the definition of the law to
15 say that a positive toxicology report is in and
16 of itself a prima facie case of neglect.
17 SENATOR MONTGOMERY: All right.
18 Thank you, Senator Skelos.
19 Just briefly, Mr. President, on
20 the bill.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Montgomery, on the bill.
23 SENATOR MONTGOMERY: Yes. As I
24 indicated, I did vote no on this legislation
25 last session, and my main concern at that time
4497
1 was, and it continues to be, that while I
2 certainly have no problem identifying babies
3 born with a positive toxicology with indicating
4 that the parent is currently using illegal
5 drugs, it is not an effective approach to always
6 in every instance isolate the child from the
7 parent, and, certainly, if we're not in a
8 position or if there is no indication that that
9 parent is also going to be deemed to be eligible
10 immediately for Protective Services and
11 treatment services for drugs.
12 So I have a real concern about
13 that, and I think that the intent of this
14 legislation is good. It's needed, but we must,
15 I believe, protect also the interest of the
16 parent because we do not want to have a
17 situation where we have all of these babies that
18 the state will be required to take care of
19 absent of their parents and, if the parents are
20 not given some immediate attention and
21 treatment, they are not likely to recover at any
22 point so that they can take the babies back.
23 So it's going to be very costly
24 for us in the state if we take this approach
25 where we isolate the babies from the mother.
4498
1 Thank you.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator Montgomery.
4 Senator Skelos. Senator Waldon.
5 SENATOR WALDON: I'm really very
6 pleased that you would mistake me for Senator
7 Skelos. All of a sudden, I feel more powerful.
8 Would the Senator yield to a
9 question or two?
10 ACTING PRESIDENT MAZIARZ:
11 Senator Skelos, would you yield to a question
12 from Senator Waldon?
13 SENATOR SKELOS: Yes, I do.
14 SENATOR WALDON: Thank you, Mr.
15 President. Thank you, Senator Skelos.
16 This is just to get some
17 information for myself because I really don't
18 understand.
19 ACTING PRESIDENT MAZIARZ: Excuse
20 me, Senator Waldon.
21 (The Acting President gaveled for
22 order.)
23 Senator Waldon.
24 SENATOR WALDON: Thank you very
25 much, Mr. President.
4499
1 Senator Skelos, I just need some
2 information so that I can better understand the
3 toxicity factor in this particular proposal.
4 In my previous life, I knew that
5 if people used heroin that it remained in their
6 system for a certain number of days before they
7 became clean. If they smoked cannabis, it
8 remained in their system for a certain number of
9 days -- in fact, longer than the other drugs -
10 and if you took a dole test, it would test for
11 them positive. Cocaine, the same thing.
12 I heard you say earlier that for
13 the baby to test positive that the mother had to
14 almost be taking the drug as she went to the
15 hospital to deliver. Is that true for all of
16 the possible drugs, meaning marijuana, cocaine,
17 heroine, Quaalude and all the other things?
18 SENATOR SKELOS: Well, it is
19 nothing set in stone but the half life of these
20 drugs apparently do -- and I don't pretend to be
21 an expert in this area, Senator Waldon -- do
22 diminish within the system fairly rapidly, so
23 that if I say, "on the way to the hospital in a
24 taxicab taking 'crack' cocaine," it may not
25 happen at that point. But, literally, within a
4500
1 day or so of that child being born, that mother
2 has taken some sort of a controlled substance.
3 My feeling, whether it's in the taxi, a day, or
4 a week before, is sufficient to amend the law as
5 we are doing.
6 SENATOR WALDON: Mr. President.
7 If I may continue?
8 ACTING PRESIDENT MAZIARZ:
9 Senator Skelos, will you continue to yield to
10 Senator Waldon?
11 SENATOR SKELOS: Yes.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Waldon.
14 SENATOR WALDON: Senator, this is
15 not a -- this is not in any way looking to trap
16 you or anything. I'm really trying to
17 understand. The transference from the mother's
18 system, her blood and breathing system into the
19 cord and into the child, that's what I'm really
20 trying to get a -- you know, an understanding
21 of. I'm going to support what you are doing. I
22 just want to -
23 SENATOR SKELOS: Again, it's my
24 understanding that the drug will be held a
25 little bit longer in the placenta, but, again, I
4501
1 don't pretend to be an expert in terms of the
2 transfer of these drugs to the child or how long
3 it takes. What I do believe is that if a child
4 is born with a positive toxicology report -
5 that means that drug, controlled substance, is
6 illegally within that child -- that that should
7 be sufficient for Protective Services to come in
8 and protect that child.
9 SENATOR WALDON: On the bill, Mr.
10 President.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Waldon, on the bill.
13 SENATOR WALDON: I thank you,
14 Senator Skelos, for your explanation. I, too,
15 agree that if the mother is using drugs at any
16 time during the pregnancy in the nature of the
17 drugs that we're talking about, it is a serious
18 problem.
19 What I'm trying to understand was
20 whether or not someone ingesting heroin or
21 cocaine, what happened in the body in terms of
22 the level of toxicity for the fetus, and just
23 out of curiosity to help me with my thought
24 process, I wanted to know that.
25 But I think what you are doing is
4502
1 commendable. I think that we should support
2 it. But I agree with Senator Montgomery that it
3 is foolhardy for us to create these proposals
4 and pass them into law unless we're going to do
5 something to preclude the need of the mother to
6 utilize drugs in the first place. That just
7 doesn't happen happenstance, to be a bit
8 redundant.
9 People get into these situations
10 because they are, for the most part, without
11 hope elsewhere. I hope in futuro, in the
12 future, we would begin to look at therapies and
13 modalities which will help those who are
14 troubled enough to resort to drugs as an escape
15 because they just can't bear facing life any
16 more in its most realistic proportions.
17 I thank you, Mr. President. I
18 thank you, Senator Skelos.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
4503
1 THE SECRETARY: Ayes 49, nays 1,
2 Senator Montgomery recorded in the negative.
3 ACTING PRESIDENT MAZIARZ: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 953, by Senator Saland, Senate Print 5228, an
7 act to amend the Social Services Law, in
8 relation to allowing regional state park police
9 access.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Saland, an explanation of Calendar
12 Number 953 has been requested by the Deputy
13 Minority Leader, Senator Paterson.
14 SENATOR SALAND: Thank you, Mr.
15 President.
16 Mr. President, this is a bill
17 which has been introduced at the request of the
18 Office of Parks and Recreation.
19 The purpose of the bill is to add
20 to the list of law enforcement personnel that
21 have access to the Central Registry of Child
22 Abuse and Neglect, or I believe it is more
23 appropriately technically called "maltreatment
24 and abuse," by permitting regional state park
25 police to have access to that information.
4504
1 The state park police very often
2 are involved in investigating incidents
3 involving children which have occurred within
4 park premises, and it would certainly seem
5 appropriate that they should have access to this
6 information for purposes of their
7 investigations.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 50.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 964, by Senator Marchi, Senate Print 713, an act
20 to amend the Public Authorities Law, in relation
21 to directing the Triborough Bridge and Tunnel
22 Authority to establish a system of one
23 directional toll.
24 SENATOR LEICHTER: Explanation.
25 ACTING PRESIDENT MAZIARZ:
4505
1 Senator Marchi, an explanation had been
2 requested by the Deputy Minority Leader, Senator
3 Paterson, of Calendar Number 964.
4 SENATOR MARCHI: Yes, Mr.
5 President. We've had this bill before, and I'm
6 familiar with the arguments that are raised on
7 the other side that it does create a problem. I
8 assume that, and I acknowledge that up front.
9 It does create a problem no matter where you put
10 it, but it's sudden death for the people of
11 Richmond County, many of whom use the private
12 motor vehicle, and they have access to a speed
13 or a faster moving route just to the left lane
14 that is reserved to E-Z-Pass owners, some of
15 them, and if they have multiple passengers, but
16 there's just too many people that for various
17 reasons have to go in by automobile.
18 Going back is not that much of a
19 problem because they -- coming back into Staten
20 Island and going south from there is not that
21 much of a problem because time is not of the
22 essence with respect to their livelihoods or
23 living styles, but it does create a -- it
24 creates a tremendous problem going into the City
25 in the morning -- "the City," as if we had
4506
1 already seceded but we haven't, as yet -- the
2 City. Of course, half the employment of Staten
3 Island does go to Manhattan, and it was a
4 nightmare whenever the circumstances were
5 reversed, and so far we've been able to keep it
6 at bay with this type of legislation.
7 There is a federal limit at this
8 time, really, which backs up the present
9 pattern, but that could change, and that came
10 into play and we're happy to have it in place.
11 Going in, as I say, you may have
12 a 100 -- say take a unit of 100 cars on Staten
13 Island. They are going in that direction, and
14 they're all there. They're all there. There
15 are literally thousands of cars, and people also
16 coming from Jersey and points south going into
17 New York City for business reasons or
18 employment, and I'm not quite sure just how my
19 friend over here is affected, but I know that
20 his predecessors voted for this bill.
21 It's just the lesser of
22 problems. So motorists from Staten Island going
23 into the City have the maximum advantage if they
24 are not in the foils of the tollbooths. There
25 is no advantage. You come back the same way
4507
1 that you went over. You can take a circuitous
2 route to get home, but people who use it
3 generally come back on the same route. Then the
4 traffic moves into New York City, where the
5 major portion of the employment takes place.
6 Coming back, people come back at
7 different hours. They may come back at 5:00
8 o'clock or 4:30 or 5:30, at the rush hour or
9 they may come in later. There is no even flow
10 on the return trip. Not having a mass arrival
11 of cars does not create a problem because they
12 may get home a little late to eat, but at least
13 they are earning a livelihood.
14 Not having this, you put a gun at
15 the head of many, many tens of thousands of
16 Staten Islanders, at their head in terms of
17 their employment or in terms of their
18 livelihood, so that's why it's so important.
19 Otherwise -
20 I anticipate the arguments that
21 come on the other side. There is a problem on
22 the other side.
23 But it's gargantuan and, as I
24 say, would deliver Staten Island as a mortal
25 blow in terms of employment and getting on with
4508
1 the business of life.
2 So it's the lesser of evils if a
3 means of transit is available and you are using
4 it. We also have 20,000 casualties a year
5 throughout the country, yet we don't abandon the
6 motor vehicle. It's a lesser of evils. I
7 acknowledge the arguments that will be coming
8 from the other side ab initio, and so that I
9 would hope that they consider, in deference,
10 even though we are numerically smaller than the
11 rest of the tract, which is aggravated by
12 increased flows of traffic but not to the point
13 that people are jeopardized in terms of living.
14 So I would hope that those of you
15 who can or may or are so disposed to vote, vote
16 for this bill.
17 I'll be willing to answer any
18 questions that you may have.
19 ACTING PRESIDENT MAZIARZ: Thank
20 you, Senator Marchi.
21 Senator Leichter.
22 SENATOR LEICHTER: Mr. President,
23 if Senator Marchi would yield?
24 ACTING PRESIDENT MAZIARZ:
25 Senator Marchi, will you yield to a question
4509
1 from Senator Leichter?
2 Senator Leichter.
3 SENATOR LEICHTER: Senator, as
4 always, you're very stalwart in your advocacy
5 for your constituents, and I can understand
6 that. Many other areas where there are bridges
7 that have tolls that at various times traffic
8 backs up, there are delays. That happens on a
9 number of bridges throughout New York, and yet
10 we don't go and change the tolls. But as you
11 talk about the effect that having two-way tolls
12 has on Staten Island, Senator, are you aware of
13 the effect that one-way tolls had on lower
14 Manhattan at a time when one-way tolls were in
15 effect under federal legislation?
16 SENATOR MARCHI: I'm not able to
17 -- of course, you are in Manhattan so the
18 question of the cost of living to your residents
19 is minuscule, really. It is determined by the
20 market conditions or employment conditions.
21 We're not -- we're not
22 complaining about the problem. We're not
23 advancing as a major premise our problem with
24 the smog that's created by the onrush of people
25 from Jersey and south going into the City. We
4510
1 are very much concerned about making it more
2 difficult -- making it more difficult and time
3 consuming so that you are never quite ready, and
4 then if you have a fender-bender somewhere on
5 that bridge that holds it up even for hours -
6 or icing conditions.
7 Going and getting to the job is a
8 very -- it's not hazardous. Let's not get
9 carried away, but it is a problem and a matter
10 of genuine concern. As against that, you pitch
11 the inconvenience that we all suffer by reason
12 of some of those conditions, and I acknowledge
13 them.
14 But I'm telling you, with us it's
15 a question of bread and butter. It's a question
16 of being able to take a responsible job and
17 perform and attend.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Leichter.
20 SENATOR LEICHTER: If Senator
21 Marchi would be good enough to continue to
22 yield. Senator, if it makes so much sense to
23 have one-way tolls on the Verrazano Bridge, why
24 not the Triborough, why not other bridges? I
25 mean people who travel out to Long Island, you
4511
1 can make the same argument that there are
2 delays, that it interferes with the economics,
3 the smog. Are you trying to get a special
4 advantage for people of Staten Island that
5 nobody else has?
6 SENATOR MARCHI: I'm glad you
7 asked the question, because then I can answer
8 it. You can go from Montauk Point to California
9 without paying a fare, Mr. President -- without
10 paying a fare. I don't think there is a member
11 in this house except my colleague, Senator
12 Gentile, and myself -- well, most of his people
13 can get over, but he does have a good number of
14 people down on Staten Island, also. We are the
15 only ones in the entire country that have to pay
16 to get off. You can't even walk across any
17 more, even if you wanted to do it for exercise.
18 We have to pay.
19 We have to pay, period. There is
20 no other way that you can possibly get off
21 Staten Island without paying. But, as I say,
22 you can go from Montauk Point all the way out to
23 California without paying a nickel.
24 It's a problem I share with
25 Senator Gentile, he to a lesser extent. He has
4512
1 two-thirds of his people on the Kings side, on
2 the Brooklyn side, but the other two-thirds of
3 his population are split up. I have a good part
4 of it, but he also has a significant part.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Leichter.
7 SENATOR LEICHTER: If Senator
8 Marchi would continue to yield?
9 ACTING PRESIDENT MAZIARZ:
10 Senator Marchi, will you continue to yield for a
11 question from Senator Leichter?
12 SENATOR MARCHI: Yes.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Leichter.
15 SENATOR LEICHTER: I was
16 interested in your answer, Senator, and I
17 thought that the Goethals Bridge didn't have
18 tolls. But then checking with the people around
19 me, none of them had ever been in Staten Island,
20 except Senator Gentile right away jumped to your
21 defense, Senator Marchi, and said, indeed, as
22 always, you were correct.
23 But, Senator, I'm probably
24 being -- you know, we've debated this for many
25 years, and I don't think the arguments have
4513
1 changed, but what prompted me to stand up today
2 is the article by, I believe, Elizabeth Colbert
3 in the New York Times. Did you read it?
4 SENATOR MARCHI: I always read
5 her articles.
6 SENATOR LEICHTER: Well, I
7 commend -- I commend this one to you. It's very
8 appropriate. The thrust of her article was that
9 there is a special mind-set in Staten Island
10 that we can't do enough for the people in Staten
11 Island. We give them free transportation. The
12 mayor says you can ride the ferry without
13 paying. You want your tolls one-way, where
14 nobody else has one-way tolls. You don't care
15 what the effect is on Manhattan of your one-way
16 tolls even though you create an impossible
17 traffic situation and a very unhealthy air
18 situation in Manhattan.
19 And with all of that, the thrust
20 of the article was, you people in Staten Island
21 are not happy. You are not satisfied. You
22 don't think we're doing enough for you.
23 So my question to you is,
24 Senator, aside from voting for this bill, which
25 unfortunately I can't do, is there anything else
4514
1 we can do for the people of Staten Island to
2 make them happy?
3 Set them free.
4 SENATOR MARCHI: I have a
5 secession bill. Even with the secession bill,
6 though, Mr. President -
7 ACTING PRESIDENT MAZIARZ:
8 Senator Marchi.
9 SENATOR MARCHI: -- and I'm sure
10 Senator Gentile would verify that -- never once
11 in the 41 years that I have been in the Senate
12 have I ever said anything but good about the
13 city of New York. I have not joined the
14 propensity of many to do this.
15 There are some things they just
16 can't do for us and sometimes they have
17 imperious reasons for responding to them rather
18 than to us. So I lay no castigation on present
19 or past mayors or individuals who, incidentally,
20 you know, have been considerate in other ways
21 where they couldn't be run in our direction.
22 So you won't find a quote from
23 John Marchi in this office that I was ever
24 censorious of New York City except in the '70s,
25 and there I -- you know, I cooperated. You were
4515
1 here at the time. I cooperated tremendously on
2 the economic resolution of our problems, and
3 ever since then, they have found me -- and I
4 even put it in the preamble to this Constitution
5 that it's to be founded -- to be posited on a
6 harmonious relationship, and we ought to do
7 everything. It should be true of all the
8 communities that live in the outer areas.
9 But I'm sure that -- but I've -
10 you know, that kind of political excuse -- he
11 has a -- you want to go back and look at it.
12 You could put me to shame, but I have never done
13 that and I never will because it is not right,
14 but this case does present a special problem.
15 SENATOR LEICHTER: Mr. President.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Leichter.
18 SENATOR MARCHI: And if helps you
19 to vote against it, vote against it.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Leichter.
22 SENATOR LEICHTER: Mr. President,
23 I have the highest regard for Staten Island. I
24 love the people of Staten Island because they
25 send us such a wonderful representative in
4516
1 Senator Marchi and Senator Gentile.
2 ACTING PRESIDENT MAZIARZ: They
3 sent us Senator Marchi many more times than
4 they've sent us Senator Gentile.
5 SENATOR LEICHTER: Well, he'll be
6 here 30, 40 years from now if he wants to be.
7 But, in all seriousness, Senator,
8 we -- and I want to say I think so highly of the
9 people of Staten Island and Staten Island, I
10 forever want it to be part of New York City
11 because it's one of the boroughs, one of the
12 wonderful five boroughs that we have.
13 But I think this measure while
14 clearly a benefit to the people of Staten Island
15 really creates enormous difficulties in
16 Manhattan, may create some difficulties in
17 Brooklyn, too. I understand Senator Montgomery
18 is going to address the bill from the viewpoint
19 of her constituency. I don't mean to speak for
20 her.
21 But it just seems to me, Senator,
22 that if it would make sense for Staten Island -
23 I really don't think it does, when you take a
24 look at the -- overall look at the needs of the
25 people of the city of New York, then you ought
4517
1 to have it on the Triborough, and so on. How
2 about the people on Long Island? Frankly, it's
3 hard for me to understand how anybody from Long
4 Island could vote for this bill when I don't see
5 a similar bill coming up for the bridges that
6 lead to -- that lead to Long Island or Queens or
7 other parts of the City.
8 SENATOR MARCHI: Just one
9 question.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Marchi.
12 SENATOR MARCHI: Just one
13 question. They all have alternatives. They can
14 go onto one of the free bridges. It's a little
15 more circuitous. We have none. We would have
16 to go underground. We'd have to be submarines
17 -- submariners. That's the only way we can get
18 out.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Leichter.
21 SENATOR LEICHTER: Senator, just
22 answering your question. In all fairness, first
23 of all, the 59th Street Bridge, which you're
24 talking about, that's a parking lot at many -
25 at many hours a day, and you are not urging that
4518
1 we eliminate all tolls. You are just asking
2 that we change it and skew it in such a way to
3 be a particular benefit to the residents of
4 Staten Island at the expense of the residents of
5 other parts of the City of New York. That's the
6 problem that I have with this bill.
7 But, Senator, I want to find
8 something that I can vote for that's going to
9 make the people of Staten Island happy.
10 SENATOR MARCHI: I have respect
11 for you, however you vote.
12 ACTING PRESIDENT MAZIARZ: Read
13 the last section.
14 Senator Montgomery, I'm sorry.
15 Senator Montgomery.
16 SENATOR MONTGOMERY: Yes, Mr.
17 President. I, too, as Senator Leichter does,
18 admire and appreciate the statesmanship of our
19 colleague Senator Marchi. However, this is one
20 of those times when I must adamantly disagree
21 with Senator Marchi and his attempt to put in
22 statute the one-way toll.
23 I have in my district parts of
24 the Gowanus Expressway, Fourth Avenue, Hamilton
25 Avenue, Third Avenue and Boreham Hill in
4519
1 downtown Brooklyn. I don't have Clinton Street,
2 but I do have parts of Coral Gardens in my
3 district, and I can tell you, Senator, that we
4 in Brooklyn, the people in my district are
5 drowning in traffic, so to speak, and not only
6 are we being absolutely horrendously impacted
7 both in terms of the environment as well as just
8 the traffic congestion but our businesses are
9 also suffering, and a very, very major part of
10 our traffic problem in Brooklyn on the
11 residential streets as well as the commercial
12 streets is due to the Verrazano Bridge and the
13 way that the traffic flows from Staten Island,
14 from New Jersey, emanating from New Jersey
15 coming through Staten Island and coming through
16 Brooklyn.
17 So it is unconscionable for us, I
18 think, to be considering such a measure as a
19 resolution to the issue of traffic. I would
20 hope that rather than doing this that we could
21 come up with a plan for addressing this major
22 crisis in terms of traffic congestion and its
23 impact on the environment, in both Staten Island
24 as well as Brooklyn. We have the waterfront
25 there. We have historically landmarked
4520
1 residential areas along that corridor where the
2 traffic comes. We now have 18-wheelers coming
3 through neighborhoods. It is an impossible
4 situation in Brooklyn. I can't describe it
5 adequately to you.
6 So we really need a long-range
7 plan where Senator Marchi and the DOT, state and
8 City, and the City planning and the Mayor's
9 Office and the Governor's office come together
10 and begin to talk about a long-range plan to
11 deal with surface traffic in Staten Island, in
12 Brooklyn, as well as Manhattan. But, certainly,
13 obviously, my interest is in Manhattan. We're
14 killing off neighborhoods. We're killing off
15 businesses, and the only solution that we're
16 coming up with is to continue the source of this
17 problem for us in Brooklyn.
18 So I implore you to really look
19 at this not as just solving a small part of
20 Staten Island's problem but, rather, as a need
21 for us in this state to look much more
22 critically and substantively at doing something
23 about the traffic problems that we have in the
24 city of New York.
25 So that's certainly the reason
4521
1 that I will oppose this bill, Mr. President.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator Montgomery.
4 Senator Gentile.
5 SENATOR GENTILE: Thank you, Mr.
6 President. As a Senator with five months'
7 experience, I would be the first to admit that
8 when issues of this type come up I turn to my
9 learned colleague on Staten Island with some 40
10 years experience and seek your counsel on these
11 issues; and, indeed, I think, Senator Marchi,
12 you and I have both spoken about this issue on
13 several occasions, and you have educated me as
14 to this need, as well as my constituents on
15 Staten Island have told me how important this is
16 to them; and in keeping with your explanation
17 and my knowledge of why this is important to
18 Staten Islanders, I will support you on this
19 measure.
20 However, I have to say that most
21 of my community and most of my constituents abut
22 the Verrazano Bridge on the Brooklyn side of the
23 Verrazano Bridge and, in keeping with that, I
24 have a bill in that would do something better,
25 that would not only make Staten Islanders happy
4522
1 but would make Brooklynites in my district
2 ecstatic, and that is the elimination of the
3 toll of the Verrazano Bridge.
4 And why do I say that? Why do I
5 say that? Most members in this chamber may not
6 realize that today it costs Brooklynites and
7 everyone else in the City other than Staten
8 Islanders $7 to cross the Verrazano Bridge -- $7
9 per trip to cross the Verrazano Bridge. The
10 Verrazano Bridge right now is the biggest money
11 maker of the MTA bridges and tunnels, the
12 biggest, $169-170 million in 1995; and most of
13 that money -- most of that money does not go to
14 support and maintain the Verrazano Bridge. Most
15 of that money goes to support and maintain the
16 Long Island Rail Road and Metro-North Railroad.
17 We are paying $7 per trip to go
18 across that bridge. If that money went into the
19 Verrazano Bridge, that bridge, the roadway,
20 would be lined with gold.
21 And so my constituents needing to
22 get over by the thousands, to Staten Island -
23 as you know, Senator, many of my older
24 constituents after being in Brooklyn for so many
25 years look to Staten Island as the new frontier
4523
1 as a pioneer, and they go over to Staten
2 Island. However, relatives still remain in
3 Brooklyn. That crossing of that bridge costs my
4 constituents in Brooklyn a tremendous amount of
5 money each day. There's constituents that I
6 have in my district that work in Tottenville,
7 Tottenville High School, cross that bridge every
8 day, $7 a day to get to work just by crossing
9 that bridge.
10 Now, it may sound -- I'll tell
11 you how outrageous that is to -- maybe not to
12 New Yorkers, but to the rest of America. There
13 was a TV ad about two years ago that was filmed
14 across the Verrazano Bridge for a motorcycle,
15 and before they filmed that motorcycle
16 commercial of the motorcycle going across the
17 Verrazano Bridge, they changed the sign of the
18 toll, and they changed the toll from $7 to $2,
19 and the reason they changed that sign is because
20 the producers of that TV ad felt that no one in
21 America would believe that you have to pay $7 to
22 cross a bridge. That is how gullible we have
23 become, how much we have been asked to
24 sacrifice, how much we have been asked to
25 swallow.
4524
1 My bill would eliminate that. We
2 would take the surplus from the Verrazano
3 Bridge, and we would use it to pay the bond
4 covenants that now exist on this bridge, and
5 then my bill would also have a commission set up
6 to determine the best ways to cover those bond
7 covenants. So there are ways to do this. There
8 are ways to make not only Staten Islanders happy
9 but make Brooklynites happy.
10 This is one issue that sticks in
11 the craw of all Brooklynites, the fact -- in my
12 district that have to cross that bridge on a
13 frequent basis and need to spend $7 a day. I
14 will support this bill, but my bill goes a step
15 further and will make all of us happy, Senator.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Stavisky.
18 SENATOR STAVISKY: Mr. President,
19 my colleagues, the impact on Queens has not been
20 discussed, for there are multiple bridges -- not
21 free bridges in those cases, multiple bridges
22 and connections that impact on Queens. If you
23 are in eastern Queens, the Whitestone and the
24 Throgs Neck Bridges are there. No one in his
25 right mind would suggest driving all the way to
4525
1 the 59th Street Bridge in order to get across.
2 These East River bridges, the
3 Whitestone Bridge, the Throgs Neck Bridge, the
4 Triborough Bridge, have been in existence for a
5 long time. As a matter of fact, the bonds on
6 the Whitestone Bridge were paid off many times
7 over. The bridge opened in 1938, the year of
8 the World's Fair, and the revenue from the
9 Whitestone Bridge has been paid and paid and
10 paid to the bondholders, and there are no
11 improvements.
12 I think that has to be the method
13 by which we look at this issue. It is not an
14 "us versus you" situation. We are all burdened
15 by the impact of the tolls, and these tolls are
16 not being used effectively for our constituents,
17 mine as well as yours. But you don't have a
18 situation with regard to the Verrazano-Narrows
19 Bridge comparable to the Whitestone Bridge,
20 which -- I repeat -- the revenue from the
21 Whitestone Bridge in a given year is enough to
22 pay the bondholders for the original cost to
23 that bridge.
24 So why should there be the same
25 $7 toll to go back and forth over the Whitestone
4526
1 Bridge to the Bronx? Why should there be that
2 cost on the Triborough Bridge, again, a bridge
3 that was built many years ago and the bond
4 holders have been paid off? The Throgs Neck
5 Bridge came in existence about the time as the
6 Verrazano-Narrows Bridge. So perhaps we would
7 have some comparability there.
8 But when the bonds have been paid
9 off fully by the users of the bridge, as I said
10 in the case of the Whitestone Bridge, I see no
11 good reason for not including a bridge such as
12 that. Maybe that should be the standard: When
13 the bondholders are paid off, then you reduce
14 the tolls.
15 But that is not what this bill
16 says; and, accordingly, Senator Marchi, you and
17 I will part company on the vote, but it's not
18 because I disagree with your objective. I just
19 wish that some of my constituents will be along
20 for the ride, the free ride.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Marchi.
23 SENATOR MARCHI: There's nothing
24 I can say to contradict you on this or Senator
25 Gentile, except this. I don't know if they are
4527
1 completely paid off or if it's minuscule. The
2 thing is the Verrazano Bridge is a cash cow for
3 the maintenance of the fare structure, bad as it
4 is. I mean it's very high. We live in a city
5 where it's very difficult for a family, even
6 those -- they say those that are in Manhattan,
7 all the jobs are there and all the things are
8 there, but a family with several children can
9 not even circulate within their own county
10 because of the high cost of transit within the
11 City itself using public means. So, in effect,
12 the Verrazano Bridge is a cash cow for
13 sustaining and maintaining the subway system,
14 and the MTA will verify it.
15 But what you are both saying, and
16 many of us could join you on that, is, really,
17 we've had good studies on the island in terms of
18 the context that I express, but I think it needs
19 wider application, and there has been some talk
20 of doing something dramatic along those lines.
21 So I'm delighted you said it because it needed
22 to be. I'm glad it was in this house so that we
23 recognize the problem.
24 But it is a cash cow for the
25 maintenance of the fare structure. My own
4528
1 people going in the morning say, "Gee, this fare
2 thing..." At one time it was a triple fare. We
3 had a uniform fare to the ferry. They were
4 paying three fares along the way. I said,
5 "Look, we're doing this. The motorist is
6 bleeding over there," yours as well as mine,
7 aside from the timing. But that's its major
8 raison d'etre at this point. The level of the
9 tolls is to maintain the mass transit in the
10 city of New York, which is a good thought. You
11 know, I think it has to be maintained; but, as
12 revenues hopefully increase, we may find easier
13 ways.
14 And I'm glad you said what you
15 did. You vote the way you have to do. But to
16 Staten Island, it would be a mortal blow.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Abate.
19 SENATOR ABATE: Yes, would
20 Senator Marchi yield for a question?
21 ACTING PRESIDENT MAZIARZ:
22 Senator Marchi, would you yield for a question
23 from Senator Abate?
24 SENATOR MARCHI: Yes, Senator.
25 ACTING PRESIDENT MAZIARZ:
4529
1 Senator Abate.
2 SENATOR ABATE: Like my
3 colleagues, I agree with them that you are a
4 remarkable legislator, and you serve your
5 constituents admirably, and you take into
6 consideration their best interests.
7 One thing, however, that I'm
8 concerned about is, clearly, from your vantage
9 point as a representative from Staten Island,
10 the one-way toll has improved conditions in
11 Staten Island.
12 SENATOR MARCHI: Yes.
13 SENATOR ABATE: Has there been,
14 however, a study that has evaluated and
15 monitored the situation on the other side,
16 whether that be Brooklyn or Queens or lower
17 Manhattan, to see what the impact of the one-way
18 toll has been on traffic, on noise, on vehicular
19 congestion, on pollution; and if a study
20 occurred, how old is the study?
21 SENATOR MARCHI: Yes, there have
22 been multiple studies within the MTA region
23 itself by the state and by the federal
24 government. In fact, the undergirding of this
25 function right now is the federal disposition of
4530
1 it. So there has been a tri-level, I would say
2 bipartisan because it is of mixed character, the
3 auspices under which these different studies
4 took place.
5 There have not been -- there have
6 not been studies on some of the considerations
7 that have been raised on your side.
8 SENATOR ABATE: What are the age
9 of the studies? How old are the studies?
10 ACTING PRESIDENT MAZIARZ:
11 Senator Marchi, would you continue to yield for
12 a question?
13 SENATOR MARCHI: Yes, I do.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Abate.
16 SENATOR MARCHI: Yes. The MTA's
17 is only a few years old, the latest one that
18 they've conducted, because it is a problem and
19 because you are asserting equities that are
20 difficult to accommodate under these
21 circumstances.
22 But, with us, it's almost a
23 condition for living. You know, where are you
24 going to get -- so many jobs are at stake, and
25 it would be very, very serious.
4531
1 ACTING PRESIDENT MAZIARZ:
2 Senator Abate.
3 SENATOR ABATE: Would Senator
4 Marchi continue to yield?
5 ACTING PRESIDENT MAZIARZ:
6 Senator, would you yield for another question
7 from Senator Abate?
8 SENATOR MARCHI: Yes.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Abate.
11 SENATOR ABATE: It is my
12 understanding that there are a number of
13 studies, but those studies are somewhat dated,
14 and there remains some negative impact on lower
15 Manhattan and, obviously, that is a community
16 that I represent.
17 Would you be adverse before we
18 even contemplate making this permanent doing a
19 plan of remediation for that area as well as
20 other areas? Because, clearly, as you relieve
21 traffic in one part of the funnel, it's moved to
22 another part, and that's what has happened in
23 lower Manhattan. I have many constituents that
24 complain about the problem. Would you be
25 adverse to a plan of remediation where you bring
4532
1 together the agencies that Senator Montgomery
2 talked about to look -- before we move
3 decisively in this area, to look at what needs
4 to be done to alleviate the impact of this
5 decision?
6 SENATOR MARCHI: I would try to
7 help you get this study. I certainly would
8 favor it being done. But if I were to stay my
9 hand on this, there would be a state of panic
10 down in my area, I can tell you that. And given
11 the rapidity with which these things become
12 resolved in a chapter, I think there's ample
13 room to accommodate both of us, and I urge it.
14 I have no quarrel with it because it's -- you
15 are not arguing against me; you are arguing with
16 me.
17 SENATOR ABATE: On the bill.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Abate, on the bill.
20 SENATOR ABATE: This is a bill
21 that has two sides of a coin; that on the one
22 hand it provides -- the one-way toll provided
23 some relief to one jurisdiction and has
24 exacerbated the conditions in another part of
25 the City. I could not support the permanent
4533
1 without a plan, a plan where Staten Island and
2 the other parts of the City as well as lower
3 Manhattan were at the table looking at the
4 problems that are caused by the one-way toll,
5 looking and measuring the increase in noise and
6 pollution and traffic, and there would have to
7 be a plan of remediation particularly for my
8 area before we could make this toll permanent.
9 I would not be doing my duty as
10 representing lower Manhattan and other parts of
11 Manhattan if I ignored the impact the toll has
12 on that area. I look forward to a day when we
13 can make sure that travel is accessible, that
14 both areas are not burdened by noise and
15 pollution and traffic, and we figure out a way
16 where all areas benefit by this solution. I
17 think we can only do that if we all come to the
18 table together, look at the impacts and whether
19 there may be other solutions attainable beyond
20 looking at the toll. Maybe the toll can be put
21 in place as one-way, but then we have to put
22 together another plan to deal with the side
23 effects, particularly with lower Manhattan.
24 So I give a voice in this chamber
25 to the people that I represent who would say to
4534
1 me, "Vote no today unless there is a real plan
2 of remediation in place."
3 ACTING PRESIDENT MAZIARZ:
4 Senator Marchi?
5 (There was no response.)
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 964 are Senators
14 Abate, Connor, Gold, Kruger, Lachman, Leichter,
15 Markowitz, Montgomery, Nanula, Onorato,
16 Paterson, Seabrook, Smith and Stavisky. Ayes
17 39, nays 14.
18 ACTING PRESIDENT MAZIARZ: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 984, by Senator Leibell, Senate Print 3551, an
22 act to amend the Vehicle and Traffic Law, in
23 relation to membership of traffic and safety
24 board.
25 ACTING PRESIDENT MAZIARZ: Read
4535
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MAZIARZ: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1069, by the Assembly Committee on Rules,
12 Assembly Print 8067, to enact the Private
13 Activity Bond Act of 1997.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Present, an explanation of Calendar
16 Number 1069 has been requested by Senator
17 Leichter.
18 SENATOR PRESENT: Thank you, Mr.
19 President. This is a bill we pass annually to
20 create a Private Activity Bond Allocation Act of
21 1997, in this case, to provide an allocation
22 mechanism for the private activity bond volume
23 established by the Federal Tax Reform Act of
24 1986.
25 ACTING PRESIDENT MAZIARZ:
4536
1 Senator Leichter.
2 SENATOR LEICHTER: Mr. President,
3 if Senator Present would yield, please.
4 SENATOR PRESENT: Yes.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Present, would you yield for a question
7 from Senator Leichter?
8 Senator Leichter.
9 SENATOR LEICHTER: I'm trying to
10 understand it. Is this bill solely a one-year
11 extender, in effect, of what we have in effect
12 presently?
13 SENATOR PRESENT: Yes.
14 SENATOR LEICHTER: If you would
15 just continue to yield. Why doesn't it just say
16 that it's an extender for one year? Because
17 usually when we extend, you know, we just say
18 instead of expiring in 1996 it expires in 1997
19 or '98, or whatever it is.
20 SENATOR PRESENT: It is -- it
21 is -- yes, I agree, it probably could have been
22 done that way. Bill Drafting didn't make it
23 that way.
24 SENATOR LEICHTER: Okay.
25 Senator, does it provide in every detail with
4537
1 the provisions that presently exist in the law?
2 There is no change whatsoever?
3 SENATOR PRESENT: None that I can
4 find. If you read the bill, it's all -
5 SENATOR LEICHTER: Senator, let
6 me ask you, and I should have asked that
7 question when we passed a similar bill in 1995
8 to 1996, but the borrowing by the state or state
9 agencies, is that still subject to the Public
10 Authorities Control Board?
11 SENATOR PRESENT: All borrowing
12 are you asking? All borrowing by the state?
13 SENATOR LEICHTER: Right.
14 Because as I read this bill, it provides for the
15 state allocation to be directed by the head of
16 the Bureau of the Budget. As you know, because
17 you were here when we set up the Public
18 Authorities Control Board, we now require all
19 state agency borrowing to be approved by the
20 Public Authorities Control Board. My question
21 to you is, is that still in effect as a conse
22 quence of the similar bill that we passed last
23 year, or would it be in effect under this bill?
24 SENATOR PRESENT: I can't answer
25 that, Senator.
4538
1 SENATOR LEICHTER: Could we get
2 an answer to that, Senator?
3 ACTING PRESIDENT MAZIARZ:
4 Senator Leichter.
5 SENATOR PRESENT: I imagine we
6 ought to be able to get an answer to that.
7 SENATOR LEICHTER: Could we lay
8 it aside for a day and get the answer to that?
9 SENATOR PRESENT: Sure.
10 SENATOR LEICHTER: I appreciate
11 it. Thank you.
12 ACTING PRESIDENT MAZIARZ: Bill
13 is laid aside for the day at the request of the
14 sponsor.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Stachowski.
17 SENATOR STACHOWSKI: Mr.
18 President, could I please have unanimous consent
19 to be recorded in the negative on Calendar 964.
20 ACTING PRESIDENT MAZIARZ:
21 Without objection, so ordered.
22 SENATOR SKELOS: Mr. President.
23 ACTING PRESIDENT MAZIARZ:
24 Senator Skelos.
25 SENATOR SKELOS: Could you return
4539
1 to reports of standing committees. I believe
2 there is a report of the Rules Committee at the
3 desk. I ask that it be read.
4 ACTING PRESIDENT MAZIARZ: Return
5 to reports of standing committees.
6 The Secretary will read.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, offers up the
9 following bills directly for third reading:
10 1158, by Senator Cook, an act to
11 amend the General Municipal Law, in relation to
12 establishing the Fallsburg-Liberty-Thompson
13 Industrial Development Agency;
14 2871, by Senator Oppenheimer, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to authorizing;
17 3134, by Senator LaValle, an act
18 to amend the General Municipal Law;
19 3141, by Senator LaValle, an act
20 to amend the Town Law, in relation to the
21 compensation of election inspectors;
22 3814, by Senator Wright, an act
23 to amend the Penal Law, in relation to assault;
24 4680, by Senator Tully, an act
25 authorizing the assessor of the county of
4540
1 Nassau;
2 4799, by the Committee on Rules,
3 an act to amend Chapter 272 of the Laws of 1991;
4 4901, by Senator Trunzo, an act
5 relating to providing a lump sum payment;
6 5005, by Senator Tully, an act to
7 amend the Nassau County Civil Divisions Act;
8 5110A, by Senator Lack, an act to
9 amend the Executive Law;
10 5118, by Senator Alesi, an act to
11 amend the Executive Law;
12 5261, by Senator Saland, an act
13 to amend the Vehicle and Traffic Law;
14 And, 5311, by Senator Seward, an
15 act to amend Chapter 668 of the Laws of 1997.
16 All bills directly for third
17 reading.
18 ACTING PRESIDENT MAZIARZ: All
19 bills directed to third reading.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 is there any housekeeping at the desk?
23 ACTING PRESIDENT MAZIARZ: There
24 are four substitutions.
25 The Secretary will read.
4541
1 THE SECRETARY: Senator Alesi
2 moves to discharge from the Committee on Rules
3 Assembly Print 6781A and substitute it for the
4 identical Senate Bill, Third Reading 610.
5 Senator Farley moves to discharge
6 from the Committee on Rules Assembly Bill Number
7 5390 and substitute it for the identical Senate
8 Bill, Third Reading 879.
9 Senator Maltese moves to
10 discharge from the Committee on Rules Assembly
11 Print 7887 and substitute it for the identical
12 Senate Bill, Third Reading 1032.
13 Senator Maltese moves to
14 discharge from the Committee on Rules Assembly
15 Bill Number 7889 and substitute it for the
16 identical Senate Bill, Third Reading 1034.
17 ACTING PRESIDENT MAZIARZ:
18 Substitutions ordered.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, on behalf of Senator Goodman, on page
22 number 17, I offer the following amendments to
23 Calendar Number 517, Senate Print Number 3544,
24 and ask that said bill retain its place on the
25 Third Reading Calendar.
4542
1 ACTING PRESIDENT MAZIARZ:
2 Amendments received.
3 SENATOR MARCELLINO: Mr.
4 President, on behalf of Senator Cook, on page
5 number 31, I offer the following amendments to
6 Calendar Number 802, Senate Print Number 5194,
7 and ask that said bill retain its place on the
8 Third Reading Calendar.
9 ACTING PRESIDENT MAZIARZ:
10 Amendments received.
11 SENATOR MARCELLINO: Thank you.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 there being no further business, I move we
16 adjourn until tomorrow, June 3rd, at 12:00 noon.
17 ACTING PRESIDENT MAZIARZ: On the
18 motion, the Senate stands adjourned until
19 Tuesday, June the 3rd, at 12:00 p.m.
20 (Whereupon, at 4:36 p.m., the
21 Senate adjourned.)
22
23
24
25