Regular Session - February 23, 1999
522
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 23, 1999
3:03 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
stand with me to state the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we all bow our heads in a moment
of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, February 22nd. The Senate met
pursuant to adjournment. The Journal of
Friday, February 19th, was read and approved.
On motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Libous,
from the Committee on Mental Health and
Developmental Disabilities, reports:
Senate Prints 2091, by Senator
Libous, an act to amend the Mental Hygiene
Law;
2102, by Senator Libous, an act to
amend the Mental Hygiene Law and the Executive
Law;
2114, by Senator Libous, an act to
enact consumer-oriented reform efforts.
Senator McGee, from the Committee
on Alcoholism and Drug Abuse, reports:
Senate Prints 183, by Senator
Alesi, an act to amend the Vehicle and Traffic
Law;
1014, by Senator Skelos, an act to
amend the Vehicle and Traffic Law;
1214, by Senator Velella, an act to
amend the Vehicle and Traffic Law;
2451, by Senator McGee, an act to
amend the Vehicle and Traffic Law.
525
Senator LaValle, from the Committee
on Higher Education, reports:
Senate Prints 27, by Senator
LaValle, an act to amend the Education Law;
1029, by Senator Nozzolio, an act
to amend the Education Law;
1067, by Senator LaValle, an act to
amend the Education Law and the Public
Officers Law;
1068, by Senator LaValle, an act to
amend the Education Law;
1737, by Senator Balboni, an act to
amend the Education Law;
2399, by Senator Johnson, an act to
amend the Education Law;
2521, by Senator LaValle, an act to
amend the Education Law;
2578, by Senator LaValle, an act to
amend the Education Law;
2862, by Senator Bruno, an act to
amend the Education Law.
Senator Spano, from the Committee
on Labor, reports:
Senate Prints 1143, by Senator
Lack, an act to amend the Labor Law;
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1371, by Senator Spano, an act to
amend the Workers' Compensation Law;
1509, by Senator Stafford, an act
to amend the Labor Law;
1881, by Senator Wright, an act to
amend the Workers' Compensation Law.
Senator Volker, from the Committee
on Codes, reports:
Senate Prints 135, by Senator
Nozzolio, an act to amend the Civil Practice
Law and Rules;
150, by Senator Holland, an act to
amend the Penal Law;
760, by Senator Johnson, an act to
amend the Penal Law;
922, by Senator Meier, an act to
amend the Penal Law;
966, by Senator Skelos, an act to
amend the Penal Law;
1047, by Senator Padavan, an act to
amend the Penal Law;
1071, by Senator Rath, an act to
amend the Penal Law;
1094, by Senator Nozzolio, an act
to amend the Penal Law;
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1109, by Senator Goodman, an act to
amend the Penal Law;
1117, by Senator Goodman, an act to
amend the Penal Law;
1223, by Senator Wright, an act to
amend the Penal Law;
1232, by Senator Wright, an act to
amend the Penal Law;
1259, by Senator Spano, an act to
amend the Penal Law;
1325, by Senator Marcellino, an act
to amend the Penal Law;
1397, by Senator Padavan, an act to
amend the Penal Law;
1398, by Senator Padavan, an act to
amend the Penal Law;
1400, by Senator Padavan, an act to
amend the Penal Law;
1588, by Senator Johnson, an act to
amend the Criminal Procedure Law;
1912, by Senator Volker, an act to
enact;
2085, by Senator Libous, an act to
amend the Penal Law;
2191, by Senator Maltese, an act to
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amend the Penal Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Prints 598, by Senator
Johnson, an act to amend the Education Law;
1746, by Senator LaValle, an act to
authorize payment of transportation.
Senator Wright, from the Committee
on Energy and Telecommunication, reports:
Senate Prints 2421, by Senator
Wright, an act to amend the Public Service
Law;
2422, by Senator Wright, an act to
amend the Public Service Law;
2426, by Senator Wright, an act to
amend the Public Service Law;
2427, by Senator Wright, an act to
amend the Economic Development Law.
Senator Meier, from the Committee
on Veterans and Military Affairs, reports:
Senate Prints 557, by Senator
Fuschillo, an act to amend the Real Property
Tax Law;
923, by Senator Meier, an act to
amend the Public Officers Law;
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1908, by Senator Meier, an act to
amend the Real Property Tax Law.
Senator Goodman, from the committee
on Investigations, Taxation, and Government
Operations, reports:
Senate Prints 1419, by Senator
Libous, an act to authorize the commissioner;
1932, by Senator Stafford, an act
to amend the Alcoholic Beverage Control Law;
2068, by Senator Seward, an act to
amend the Tax Law.
Senator Holland, from the Committee
on Social Services, reports:
Senate Prints 19, by Senator
Holland, an act to amend the Social Services
Law;
107, by Senator Larkin, an act to
amend the Social Services Law;
178, by Senator Larkin, an act to
amend the Social Services Law;
1350, by Senator Holland, an act to
amend the Social Services Law;
1351, by Senator Holland, an act to
amend the Social Services Law.
All bills directly for third
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reading.
THE PRESIDENT: Without
objection, all bills directed to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Wright.
SENATOR WRIGHT: Madam President,
on page number 8 I offer the following
amendments to Calendar Number 104, Senate
Print Number 116, and ask that said bill
retain its place on the third calendar
reading.
THE PRESIDENT: The amendment is
received, Senator, and the bill will retain
its place on third reading -
SENATOR WRIGHT: Thank you.
THE PRESIDENT: -- as amended.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time may we please adopt the
Resolution Calendar, with the exception of
Resolution 407.
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THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 407, signify by saying
Aye.
(Response of Aye.)
THE PRESIDENT: Opposed, Nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
may we please have the title read on
Resolution 407, by Senator Rath, and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Rath,
Legislative Resolution 407, memorializing
Governor George E. Pataki to proclaim March
1999 as Women's History Month in New York
State.
THE PRESIDENT: The question is
on the resolution. All in favor, signify by
saying Aye.
(Response of Aye.)
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THE PRESIDENT: Opposed, Nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
with the consent of Senator Rath, we'd like to
open up the resolution for cosponsorship by
all the members. If somebody does not wish to
be on the resolution, they should notify the
desk.
We'll put everybody on the
resolution.
THE PRESIDENT: Thank you.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time may we please have the
non-controversial reading of the calendar.
THE PRESIDENT: The secretary
will read.
THE SECRETARY: Calendar Number
34, by Senator DeFrancisco, Senate Print 709,
an act to amend the Surrogate's Court
Procedure Act in relation to computation.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 41.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
67, by Senator Stafford, Senate Print 775, an
act to amend the Environmental Conservation
Law in relation to nonhazardous municipal
landfill.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 41.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
84, by Senator Hannon, Senate Print 817, an
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act to amend the Real Property Tax Law in
relation to complaints.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
85, by Senator Meier, Senate Print 924, an act
to amend the Real Property Tax Law in relation
to the repayment of delinquent property taxes.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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103, by Senator Skelos, Senate Print 115, an
act to amend the Correction Law in relation to
the definition.
THE PRESIDENT: Read the last
section.
SENATOR DUANE: Lay it aside.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
106, by Senator Nozzolio, Senate Print 635, an
act to amend the Executive Law in relation to
making available.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
112, by Senator Skelos, Senate Print 1015, an
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act to amend the Executive Law in relation to
permitting.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
124, by Senator Rath, Senate Print 1293, an
act to amend the Education Law in relation to
requirements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
126, by Senator LaValle, Senate Print 1971, an
act to amend the Education Law in relation to
the unlawful sale.
THE PRESIDENT: Read the last
section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 44.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the non-controversial calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar,
there are two bills to be debated. And I
won't take it personally.
(Laughter.)
THE PRESIDENT: The Secretary
will read, then.
THE SECRETARY: Calendar Number
103, by Senator Skelos, Senate Print 115, an
act to amend the Correction Law in relation to
the definition.
SENATOR SKELOS: Call the roll.
Call the roll.
THE PRESIDENT: Call the roll.
First we'll read the last section,
Senator.
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THE SECRETARY: Section 2. This
act will take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: All right.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
I'm going to vote no on this, and
I'd like to explain my vote. I just -- I
don't want us to continue down the path of
what I think was an ill-conceived,
New-York-style Megan's Law.
Many of us recently read about a
person in New Jersey who was recently
convicted of shooting into the home of someone
who had -- whose name had appeared on a
Megan's Law list. And I -- I think that to
jam even more people into the Megan's Law
framework and to have their names publicized
is just ill-conceived public policy, and I
vote no.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator.
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Senator Duane will be recorded in
the negative.
All right. Results.
THE SECRETARY: Ayes 47. Nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar No. 112,
by Senator Skelos, Senate Print 1015, an act
to amend the Executive Law in relation to
permitting.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Skelos,
an explanation has been requested.
SENATOR SKELOS: Yes. Madam
President, this bill, which passed unanimously
in 1997 and 1998, would basically require that
if a minor, a person under the age of 18, has
reported sexual harassment to their employer
in a public setting such as a library -- which
occurred in my village -- that they would be
required to notify the parents immediately
before any discussions could be held with the
minor concerning settlement with the
540
institution or whatever -- whatever procedures
they would like to take on behalf of that
infant.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would yield to a
question.
THE PRESIDENT: Senator, do you
yield?
SENATOR SKELOS: Yes.
THE PRESIDENT: You may proceed
with the question, Senator Duane.
SENATOR DUANE: I certainly
understand why it is that we would not want a
case settled between a young person and an
institution in a sexual harassment case
without having adult involvement on behalf of
the young person. But I am concerned about
how it is that the bill -- some of the
language in the bill.
For instance, the bill says that
the adult has to be a parent or parents or
legal guardian. I -- would it not be more
appropriate to allow the opportunity of the
young person to choose an adult that they
541
would like to represent them who may or may
not be a parent or legal guardian?
SENATOR SKELOS: My opinion? If
you're under 18, it's the responsibility of
your parent or legal guardian.
SENATOR DUANE: Madam President,
on the -- another question on the bill, if the
sponsor would continue to yield.
THE PRESIDENT: Do you continue
to yield, Senator Skelos?
SENATOR SKELOS: Yes.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: I think that it's
entirely possible that a young person might be
concerned that their parent or guardian would
want to settle the case too quickly or
discount what actually had happened. And in
some ways, it could take on the format of the
institution and the parent in opposition to
the young person.
And that's why I think that it
would be better to allow the young person the
opportunity to choose someone -- it could be a
counselor in the school, it could be a whole
542
host of other adults -- to represent them in
the case, in the proceeding.
SENATOR SKELOS: That's your
opinion. I have a differing opinion.
SENATOR DUANE: I have another
concern, Madam President, which I would like
to ask the sponsor about.
THE PRESIDENT: Senator Skelos,
do you continue to yield?
SENATOR SKELOS: Yup.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I'm also
concerned that in the case of a family where
the parents might be separated or divorced,
how is it that the parent would be chosen in a
case like this? Is it the custodial parent
again, or is it up to the child or the young
adult on who it is that would be representing
them?
The bill doesn't allow for any -
any way to decide who it is who would be the
adult to represent the young person in such a
case.
SENATOR SKELOS: The bill says
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parent, parents, or legal guardian. Even if
there is a custodial parent, I believe that
both parents still have a responsibility to
care for their child.
The main -- the main purpose of
this bill, Senator Duane, is to get a family
member involved in the process when there's a
minor involved as soon as possible. I'm not
looking to have a long, drawn-out procedure.
But I'd like to set a mechanism up
where -- for example, in my home community a
young girl was working in a library, she was
sexually harassed, the person was quietly
moved out -- you know, the silent resignation
that Senator Saland has been discussing that
occurs many times within school districts, or
here it was a library setting -- moved on to
another municipality, a library, perhaps, to
sexually harass others.
And what this would say -- and plus
the minor signed documents with the library
before the parents were notified of the sexual
harassment allegations.
I think it's appropriate that as
soon as this occurs, the library very simply
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or the school district very simply calls up
and says, "Mr. Skelos, your child has been
sexually -- alleged to have been sexually
harassed. We think you should be part of the
process."
SENATOR DUANE: Madam President,
one final comment on the bill.
SENATOR SKELOS: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I wholeheartedly
endorse what I believe is the bulk of the
intent of this legislation. But I am
concerned that it doesn't take into account,
again, that a young person should have the
ability to choose the adult that he or she
would want to be their advocate, their
representative, as the case moved forward.
And also that it doesn't take into
account the reality of what our families are
like today. Which aren't the way I think that
we've always imagined they have been in the
past -- maybe they haven't been, but that it
seemed they are, but which they are in many
cases not now.
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And what I would further like to do
is to work with the sponsor, if I may, on -
on maybe incorporating in other legislation
some of the ideas which I've brought about the
advocacy parts of this bill.
Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect 30 days after it shall
have become a law.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51. Nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: Yes.
Senator Wright?
SENATOR WRIGHT: Thank you, Madam
President.
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On behalf of Senator Saland, on
page number 5 I offer the following amendments
to Calendar Number 36, Senate Print Number
1031, and ask that said bill retain its place
on third calendar reading.
THE PRESIDENT: All right. The
amendment is received, and the amended bill
will retain its place on third calendar
reading.
Senator Skelos?
SENATOR SKELOS: Is there any
other housekeeping?
THE PRESIDENT: No, Senator.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I'm just rising to note that there
is a resolution being prepared honoring the
students of the Horace Mann School, who are
with us today. And Senator Velella and I
welcome all of our colleagues to join in
recognizing one of the great schools in the
Bronx -- indeed, in the state of New York.
We're happy the students are here.
I have vivid recollections of being
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beaten brutally by their soccer team when I
was a high school senior, and I'm glad to
honor them here today.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: And I believe
that based on that potential resolution, that
Senator Fuschillo may have a resolution in the
works also.
But I -- I do want to remind the
membership about the rules concerning
introductions. But certainly we welcome
everybody.
Senator Fuschillo.
THE PRESIDENT: Senator
Fuschillo, go ahead.
SENATOR FUSCHILLO: Thank you,
Senator Skelos. We do have a potential
resolution in the works. Senator Schneiderman
as well.
But I too would like to recognize a
group of kids that are here from the East
Meadow High School, the Leaf Program. They're
here with Jerry Barash, who's the head of One
in Nine, the leading advocates for breast
cancer research. And I just want to recognize
548
them and welcome them to the chambers.
Thank you.
THE PRESIDENT: Thank you,
Senators.
As president of the Senate, I
recognize your presence and welcome you to the
Senate and wish you the best days.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until Monday, March 1st, at 3:00 p.m.,
intervening days being legislative days.
THE PRESIDENT: On motion, the
Senate hereby stands adjourned until Monday,
March 1st, at 3:00 p.m., intervening days
being legislative days.
(Whereupon, at 3:25 p.m., the
Senate adjourned.)