Regular Session - May 3, 1999
2531
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 3, 1999
3:03 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2532
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 rise and repeat with me the pledge of
allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy may we bow our heads in a moment of
silence, please.
(Whereupon a moment of silence was
observed.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, May 2nd. The Senate met pursuant to
adjournment. The Journal of Saturday, May 1st
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.
Messages from the Governor.
2533
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Wright.
SENATOR WRIGHT: Madam President,
on behalf of Senator Saland, please remove the
sponsor star from Calendar Number 36.
THE PRESIDENT: So ordered.
SENATOR WRIGHT: Madam President,
on behalf of Senator Volker, I move to
recommit Senate Print 2867, Calendar Number
741, on order of Second Report to the
Committee on Codes with instructions to said
committee to strike the enacting clause.
THE PRESIDENT: So ordered.
SENATOR WRIGHT: Thank you.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Hannon on page
45 I wish to offer the following amendments to
Calendar Number 667, Senate Print 4376, and I
ask that that bill retain its place on the
2534
Third Reading Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR FARLEY: On behalf of
Senator Saland, on page 35, I offer the
following amendments to Calendar Number 530,
Senate Print 3985, and I ask that that bill
retain its place.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR FARLEY: Thank you. On
behalf of Senator DeFrancisco, on page 45, I
offer the following amendments to Calendar
Number 664, Senate Print 4416, and I ask that
that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk by Senator DeFrancisco.
2535
I would ask that the title be read and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
1205, honoring the Scienta Chapter of the
National Honor Society at West Genesee Senior
High School, Camillus, New York, for their
participation in the 1999 49th Senate District
"Good News! Good Kids Youth responsibility
program.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DEFRANCISCO: Thank you,
Madam President. We do have this group of
fine young people with us today, and it is the
last of the three groups that we honor each
year. This is the senior high school group
that is from my district. I mention it each
time that I come to the floor that
unfortunately in our day and age we only hear
the negative things about young people. And
this program was designed in order to promote
and also recognize the wonderful things that
2536
our students do in our society.
This is a group of the Scienta Club
of West Genesee High School, the Honor
Society, who actually as part of their
projects for this year had a community service
project where they not only advertised by
getting public service announcements placed on
the radio and TV, but also went into other
classes in their school, sought contributions
from other locations including churches and
the like to find warm clothing for those in
need.
They were able not only to find
that clothing, they found 500 coats that they
labeled for size and boxed and distributed to
people less fortunate than we are. It is a
wonderful program. It is a wonderful group of
people doing the right thing and we salute all
of you and we thank you for your fine work and
we're sure that you are going to be the
leaders of the future.
Congratulations.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
2537
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there is a resolution at the desk
that had been previously adopted by Senator
Maziarz. Can I ask that it now be read in its
entirety and move for its -
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 1174,
memorializing the Honorable George E. Pataki
to proclaim the week of May 3 through 7, 1999,
Elder Abuse Awareness Week in New York State.
Whereas, the millions of elder
citizens residing in the State of New York
have contributed to the general welfare of the
State by helping to preserve the customs,
convictions and traditions of the many ethnic
backgrounds of the citizens of New York State,
and
2538
Whereas, the more than three
million residents of New York State considered
to be elder citizens are vital and integral
members of our society, the wisdom and
experience of elder citizens have enriched the
lives of young people of our State. Elder
abuse in domestic and institutional settings
is a widespread problem, effecting hundreds of
thousands of elderly people across the
country; and
Whereas, it has been estimated that
there are over 1.8 million abused elders in
the United States in 1996, estimates report
that elder abuse effects approximately 30,000
New Yorkers every year.
Because elder abuse is still
largely hidden under the shroud of family
secrecy, elder abuse is grossly under
reported. Elderly people who are being abused
find it very difficult to tell anyone. They
are usually ashamed and sometimes afraid; and
Whereas, only one out of 14
domestic elder abuse incidences come to the
attention of authorities, the 30,000 domestic
elder abuse cases reported to New York adult
2539
protective service and aging agencies
represent the tip of the iceberg and the
number of elder abuse cases is growing every
year; any elderly person may become the victim
of abuse; males and females of any income
level, any cultural or ethnic group, persons
in good health or persons incapacitated in
some way may be abused by someone close to
them; elder abuse is not only happening in
poor neighborhoods but also in suburbia and in
some of the most upstanding families.
The abusers can be anyone, but they
are most commonly family members with whom the
abused person is living. Studies have
estimated that over half the elderly people
reported to have been abused were living with
the persons who abused. The physical abuse,
mental anguish and financial exploitation too
many elderly people are enduring diminishes us
as a civilized society; and
Whereas, the Legislators of New
York State have been studying and reviewing
this outrage through hearings across New York
State and are determined to find a solution
that will provide increased protection and
2540
services to the elder citizens of New York
State; now, therefore, be it
Resolved, that this Legislative
Body pause in its deliberations to memorialize
The Honorable George E. Pataki to proclaim the
week of May 3 through 7, 1999, as Elder Abuse
Awareness Week in New York State; and be it
further
Resolved, that a copy of this
Resolution, suitably engrossed, be transmitted
to The Honorable George E. Pataki, Governor
of New York State.
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you, very
much, Madam President.
It is a pleasure to rise today and
to support this resolution declaring the
second annual Elder Abuse Awareness Week in
the State of New York. I am joined by the
former chairs of the Senate Aging Committee,
Senator Farley and Senator Skelos, and ask and
invite everyone to stop sometime tomorrow in
the concourse area where the State Office of
the Aging, the Medical Society of the State of
New York, the Brookdale Center on Aging, Walk
2541
the Walk from Queens, Life Span from
Rochester, the District Attorneys Association
of the State of New York, Victim Services, the
Attorney General's office will all have
informational displays and tables set up and
with personnel there to talk about the problem
of elder abuse across the State of New York
and what we can do as residents and citizens,
as parents and children and grandchildren to
recognize elder abuse and what to do about
that abuse.
So, Madam President, I would invite
all of my colleagues to sign onto this
resolution and thank you, very much.
THE PRESIDENT: This resolution
was previously adopted on April 27th.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Water Resources Committee in the Senate
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Water Resources
Committee in the Majority Conference Room.
Senator Bruno.
2542
SENATOR BRUNO: Thank you, Madam
President.
Can we take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
227, by Senator Skelos, Senate Print 904-A, an
act to amend the General Municipal Law, in
relation to extending the deadline.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
270, by Senator Saland, Senate Print 1828, an
act to amend the Social Service Law, in
relation to allowing regional state park
police.
THE PRESIDENT: Read the last
2543
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
271, by Senator Saland, Senate Print 1829, an
act to amend the Social Services Law, in
relation to disclosure of certain information.
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 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
273, by Senator Saland, Senate Print 2721, an
act to amend the Family Court Act, in relation
to procedures for the temporary removal of a
2544
child with consent.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Aye 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
335, by Senator Bonacic, Senate Print 3792, an
act to amend Chapter 514 of the Laws of 1983,
amending the Private Housing Finance Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
391, by Senator Padavan, Senate Print 1502, an
2545
act to amend the Social Services Law and the
Education Law, in relation to mental health
services.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
418, by Senator Balboni, Senate Print 2267, an
act to amend the Penal Law, in relation to
establishing a new crime.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Aye 52.
THE PRESIDENT: The bill is
2546
passed. Senator Paterson.
SENATOR PATERSON: Madam
President, we have a "No" vote on the last
bill.
THE SECRETARY: In relation to
Calendar Number 418, ayes 51, nays 1. Senator
Montgomery recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
442, by Senator Libous, Senate Print 3465, an
act to amend the Mental Hygiene Law, in
relation to mental hygiene medical review
board.
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 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
450, by Senator Larkin.
2547
SENATOR WALDON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
471, by Senator Holland, Senate Print 3513, an
act relating to the period of probable
usefulness.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Aye 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
531, by Senator Saland, Senate Print 3987, an
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to family
offenses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
2548
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
542, by Senator Saland, Senate Print 1830, an
act to amend the Penal Law, in relation to
establishing a presumption relating to
custodial interference.
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 PRESIDENT: Senator
DeFrancisco, to explain your vote.
SENATOR DEFRANCISCO: I'm going to
vote no and I would like to explain the vote.
This basically is important, I
would imagine, with respect to custodial
interference because in many instances it may
2549
be almost impossible to prove that the
individuals received services. But one of the
basic tenets of our society is the right to
due process. And to suggest that a defendant
has to come backward and prove that he was not
served I think is a very, very risky
proposition.
In other words, under this bill if
the service, manner of service is by nail and
mail, where you nail it at the location and
then mail thereafter, under this bill there
would be an irrebuttable presumption that
somehow that person had notice of these
proceedings. I think that is stretching the
law much too far and I think it denies a
respondent due process so I'm going to vote
no.
THE PRESIDENT: Senator
DeFrancisco, you will be so recorded as voting
in the negative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 542 are
Senators DeFrancisco, Montgomery, and Smith.
2550
Ayes 49, nays 3.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
547, by Senator Velella, Senate Print 2352, an
act to amend the Criminal Procedure Law, in
relation to the commission of crimes against
children.
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: Aye 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
582, by Senator McGee, Senate Print 4069.
SENATOR BRUNO: Lay the bill
aside for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
585, by Senator Maziarz, Senate Print 2124, an
2551
act to amend the Tax Law, in relation to
extending the expiration of the authorization
granted.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
623, by Senator Nozzolio, Senate Print 2125-A,
an act to amend the County Law, in relation to
the duties of the district attorney of Seneca
County.
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 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
665, by Senator DeFrancisco, Senate Print
4417, an act to amend the Parks Recreation and
Historic Preservation Law, in relation to the
penalty for violations of such law.
2552
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: Aye 52.
THE PRESIDENT: The bill is
passed.
Senator Bruno, that completes
non-controversial reading of the calendar.
SENATOR MONTGOMERY: Madam
President.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you. I would like unanimous consent to be
recorded in the negative on Calendar Number
270.
THE PRESIDENT: Calendar number
what?
SENATOR MONTGOMERY: 270.
THE PRESIDENT: 270?
SENATOR MONTGOMERY: Yes.
THE PRESIDENT: Without objection
2553
you will be so recorded as voting in the
negative on Calendar Number 270.
Senator Skelos.
SENATOR SKELOS: If we could take
up the controversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
450, by Senator Larkin, Senate Print 2044, an
act to amend the business corporation law, in
relation to requiring.
SENATOR WALDON: An explanation,
please.
THE PRESIDENT: Senator Larkin,
an explanation has been requested.
SENATOR LARKIN: Yes, Madam
President.
This is a bill that we passed last
year in this house, 54 to 6. This bill is
designed as a first step, modeling with the
Federal government, for New York State to take
-- to address the issue of internet gambling.
We hear a lot about internet gambling. We
hear a lot about the internet.
This legislation basically requires
2554
internet gaming companies who send their
signal over the web into New York to file an
application with the Secretary of State's
office as a foreign company doing business in
New York.
The collection of information
through this message will allow the State to
learn more about internet gaming, web site
operation, including information about the
location, business address and types of
company. We believe this is a first step.
Right now it is estimated that in
the year 2000 internet gambling will be worth
somewhere between $40 and $50 billion.
THE PRESIDENT: Senator Waldon,
on the bill.
SENATOR WALDON: I will defer to
the leader, if he wishes to go first, Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: No, Madam
President, I will defer to Senator Waldon.
THE PRESIDENT: Read the last
section.
Senator Waldon on the bill.
2555
SENATOR WALDON: Thank you, very
much, Madam President.
Senator Larkin, has anything
changed in the basic structure of this
proposal from last year?
SENATOR LARKIN: We made some
just general language change, trying to model
it after what we hope some day will be a
Federal legislation by Senator Kyle from
Arizona. But this information that is in here
is all that you and I talked about at last
year's committee meeting and this year's
committee. We structured it in a way members
said they had some questions. The questions
were mainly by Leichter and Gold, one by you
and one by Senator Dollinger. And those
issues were addressed.
SENATOR WALDON: Thank you, very
much, Senator. Madam President, may I
continue? Will the gentlemen continue to
yield?
THE PRESIDENT: Senator Larkin,
do you continue to yield?
SENATOR LARKIN: Yes, Madam
President.
2556
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Thank you, Madam
President.
Senator, if you recall, last year
my concern was how do we effectively move
against this corporation that is functioning
out of New York State? How can we actually
serve them properly so that we have them under
our jurisdiction? That is the question from
last year. Has it changed for this year?
SENATOR LARKIN: I think a better
example, rather than just gambling was on the
news yesterday all day yesterday on the radio,
was through an internet a youngster, using his
family's internet ran up a bill of a million
dollars on buying VanGogh paintings and
something else.
I think what we are saying here on
the internet gambling is we're trying to get
an idea of where this all is taking place.
Gambling in the State of New York, through the
internet or casino type, is illegal. But what
we need to do is get a handle on what we are
dealing with. Federal government has promised
2557
us three years ago that they were going to do
something about it. We talked to people who
are interested in casinos, and their business,
they are going to go to the internet. They
are off shore doing it and they are taking
money out of our state and out of our people
and we have no way physically to try to
identify them or try to protect our people who
may be involved in this gambling.
SENATOR WALDON: Thank you, very
much Senator.
Madam President, if I may, on the
bill.
THE PRESIDENT: On the bill,
Senator.
SENATOR WALDON: Thank you, very
much, Madam President.
Senator, I don't see any change
from your explanation from last year in terms
of how we will be able to effectively move
against this corporation and so I can't change
my position. We discussed this bill in
committee, and as you know I am a very strong
supporter of gambling on behalf of our State,
our getting our fair share of the gambling
2558
revenue and all of the things which will put
New York State in a better position. I don't
see this doing that, so most respectfully
again will disagree with you. I will vote no
and I encourage my colleagues to do the same.
Thank you, very much, Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Larkin would yield for a
question.
THE PRESIDENT: Senator Larkin,
do you yield?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: Go ahead,
Senator.
SENATOR PATERSON: Senator,
putting aside gambling for a second, how does
New York State compel a foreign corporation to
register in New York State, just as a law, for
anything? How can we force a foreign
corporation to register in New York State?
SENATOR LARKIN: We can't force
them. We can ask them. As I said, we have
2559
been trying to establish a position for
ourselves and our State against this where
they are coming into our State. Senator
Waldon said that he is a proponent of
gambling. I believe in the casinos too, but
we had a chance and we failed here, but here's
a chance for us to at least identify where the
source of the problem is coming from and maybe
we can address something and we are asking
them to register with the state. The
Secretary of State will take these and will be
able to have a data base of where it is going
on and to what extent it is going on and what
part of our State is being effected most
directly.
SENATOR PATERSON: Thank you,
Senator Larkin.
Madam President, if the Senator
will continue to yield.
THE PRESIDENT: Senator, do you
continue to yield, Senator Larkin?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Paterson.
2560
SENATOR PATERSON: Madam
President, under the commerce clause of the
United States Constitution we can not actually
mandate, so what Senator Larkin is saying is
that we can ask them. But Senator Larkin,
knowing the issue as well as you do, it is
clear that the people who are providing this
gambling service on the internet are not doing
it perhaps always in good faith -- I wasn't
going to say good faith -- we would certainly
say that they are not going to pin themselves
down. They are putting this on the internet
from places like the Cayman Islands. And they
are not going to provide the information that
we would want, so even -
THE PRESIDENT: Senator
Stachowski, why do you rise?
SENATOR STACHOWSKI: I wanted to
ask Senator Paterson a question in the middle
of his question, if he would allow me to.
SENATOR PATERSON: I yield, Madam
President. I yield with trepidation.
THE PRESIDENT: Pardon me,
Senator Paterson, I did not hear you.
SENATOR STACHOWSKI: He said he
2561
would.
THE PRESIDENT: Alright, go
ahead.
SENATOR STACHOWSKI: He said it a
little longer though.
THE PRESIDENT: Go ahead.
SENATOR STACHOWSKI: Senator
Paterson, you wouldn't mind that even though
it is against the rules if I mention that for
the first time ever I notice Assemblyman
Tokasz's mother and father up in the gallery
so I wanted to point that out so that they
would know that we saw them here and just
wanted to say it was nice of them to stop.
Thank you.
THE PRESIDENT: Senator Paterson.
SENATOR LARKIN: If you want me
to answer that part, I would glad to because
I've been bouncing up and down here.
I think that one of the things we
should recognize in here, this state has been
asking the Federal government and our
legislators from New York to take some
specific action. Three years ago
Representative Kyle and then two years ago
2562
Congressman Kyle, Senator Kyle, put in
legislation to establish it so that the
Federal government would be responsible.
We believe by our effort we are
encouraging the Federal government to take an
issue on something that is spreading
throughout the United States and it is causing
havoc, as my colleague Frank Padavan would
say, to get that compulsive gambler going more
and more to another venue. And I think what
we are trying to do here is to push and get
the Federal government to take action then we
at the State won't have to be in this
business.
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: I appreciate
that answer. I think I would like to say that
I agree with Senator Larkin, this is something
that does require this redress, but just from
the point of view of the issue of legislating
and whether or not it is actually possible to
do this, if the Senator would yield for one
last question.
2563
THE PRESIDENT: Senator Larkin,
do you yield for one last question?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: Senator Paterson,
one last question.
SENATOR PATERSON: Senator, I
would feel a lot more comfortable, quite
frankly, if you would offer a resolution
memorializing the United States Congress to
pass Senator Kyle's legislation as a matter of
protection for all American citizens of which
New York State residents would be inclusive.
My question is, would you see this
as an option that does not get us into the
constitutional questions that this bill
offers?
SENATOR LARKIN: Well, what you
are saying has some merit. But I can tell you
that the National Conference of Insurance
Legislators which has a triple nickel, which
is a gaming stakes, on behalf of the United
States, all 50, a resolution was sent to the
speaker and a resolution was sent to the
majority leader requesting action on Kyle's
2564
bill, and Senator Kyle had addressed the
National Conference of Insurance Legislators
back last November.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President and thank you, Senator Larkin.
On the bill, Madam President, this is an idea
that I think is one that might be considered
on the Federal level. I think another thing
that we might consider is the way in which
consumers might be forewarned that they enter
into these gambling contracts at their own
risk and I think that perhaps the resolution
that I suggested would be the best way.
I agree with really everything that
Senator Larkin says on the point, but just on
the issue of the viability of legislation, the
Secretary of the State of New York can not
enforce this legislation. There is no way to
compel anyone to adhere to it. And just in
terms of building a data base I think it would
be pretty much ineffective because the lack of
the data is coming from those who, quite
frankly, are in business and are not
interested in providing data. They are not
2565
worried about the individuals who could incur
huge personal and family losses engaging in
this kind of activity.
So I want to vote against this
bill, but with the caveat that this is an
issue that I hope Senator Larkin would
consider bringing back as a resolution. At
that time I would be happy to support it.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those reported in
the negative on Calendar 450, Senators Connor,
Onorato, Paterson, Rosado, Schneiderman and
Waldon.
Ayes 50, nays 6.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
585, by Senator Maziarz, Senate Print 2124, an
act to amend the Tax Law, in relation to
extending.
2566
THE PRESIDENT: Read the last
section.
Senator Breslin.
SENATOR BRESLIN: Through you,
Madam President, I only have one question if
the sponsor in the will yield.
SENATOR MAZIARZ: Certainly,
Madam President.
THE PRESIDENT: Senator Maziarz,
will you yield to Senator Breslin?
SENATOR MAZIARZ: Certainly,
Madam President.
THE PRESIDENT: Go ahead, Senator
Breslin.
SENATOR BRESLIN: I believe that
Senator Maziarz can answer the question
without me asking it.
SENATOR MAZIARZ: Pardon me?
SENATOR BRESLIN: Is there a home
rule message, Senator Maziarz?
SENATOR MAZIARZ: Senator
Breslin, the representatives from Orleans
County actually were going to drive up here
personally and deliver the home rule message,
but they know how tough parking is in downtown
2567
Albany, so they mailed it. But the home rule
message is here, Senator.
SENATOR BRESLIN: One more
question.
THE PRESIDENT: Senator Maziarz,
do you yield to one more question?
SENATOR MAZIARZ: Absolutely.
THE PRESIDENT: Go ahead, Senator
Breslin.
SENATOR BRESLIN: Be assured,
Senator Maziarz, if there's any need for
parking we would be more than happy to use
mine which I lend to Albany citizens
currently.
SENATOR MAZIARZ: Thank you,
Senator.
SENATOR BRESLIN: Thank you, very
much, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56, nays 1.
2568
Senator Gentile recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: Yes, there is.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President.
On page 24 I offer the following
amendments to Calendar Number 315, Senate
Print Number 2963, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
Senator Skelos, we have some
substitutions.
SENATOR SKELOS: Please make the
substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 10,
2569
Senator LaValle moves to discharge from the
Committee on Crime Victims, Crime and
Correction, Assembly Bill Number 6280 and
substitute it for the identical Second Report
Calendar 759.
THE PRESIDENT: The substitution
is ordered.
Senator Seward.
SENATOR SEWARD: On behalf of
Senator Libous, I wish to call up his bill,
Senate Print Number 3465, which is now at the
desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
442, by Senator Libous, Senate Print 3465, an
act to amend the Mental Hygiene Law.
SENATOR SEWARD: Madam President,
I now move to reconsider the vote by which
this bill was passed and ask that the bill be
restored at the Order of Third Reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57.
2570
THE PRESIDENT: The bill is
passed. Senator Seward.
SENATOR SEWARD: Madam President,
I now move to discharge from the Committee on
Mental Health and Developmental Disability,
Assembly Print Number 7959, and substitute it
for that identical bill.
THE PRESIDENT: The substitution
ordered.
SENATOR SEWARD: I see my motion
continues.
The Senate bill -- I now move that
the substitute Assembly bill have its third
reading at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
442, by the Assembly Committee on Rules,
Assembly Print Number 7959, an act to amend
the Mental Hygiene Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
2571
(The Secretary called the roll.)
THE SECRETARY: Ayes 57.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Tuesday, May 4th at 3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday, May
4th, 3:00 p.m.
(Whereupon, at 3:36 p.m., the
Senate adjourned.)