Regular Session - May 5, 1999
2702
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 5, 1999
11:05 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2703
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 all 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,
Tuesday, May 4th, the Senate met pursuant to
adjournment. The Journal of Monday, May 3rd
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.
2704
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolution.
Senator Skelos.
SENATOR SKELOS: I believe there
are some substitutions at the desk, if we
could make them at this time.
THE PRESIDENT: The Secretary will
read.
THE SECRETARY: On page 6, Senator
Rath moves to discharge from the Committee on
Commerce, Economic Development and Small
Business, Assembly Bill Number 1474, and
substitute it for the identical First Report
Calendar 860.
On page 7, Senator Velella moves to
discharge from the Committee on Judiciary,
Assembly Bill Number 1400, and substitute it
for the identical First Report Calendar 864.
On page 14, Senator Kuhl moves to
discharge from the Committee on Health,
Assembly Bill Number 5310 and substitute it
for the identical First Report Calendar 942.
2705
And on page 20, Senator Volker
moves to discharge from the Committee on
Codes, Assembly Bill Number 7158 and
substitute it for the identical First Report
Calendar 993.
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
there is a privileged resolution at the desk
by Senator Meier. I ask that the tile be read
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Meier,
Legislative Resolution Number 1279,
congratulating Elizabeth Jane Roberts Hinman,
2706
upon the occasion of her one hundredth
birthday on May 9th, 1999.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: At this time may
we please take up the non-controversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
149, by Member of the Assembly Nolan, Assembly
Print Number 3517, an act to amend the
Workers' Compensation Law and the Executive
Law, in relation to establishing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect on the 30th day.
2707
THE PRESIDENT: Call the roll.
(The Secretary called the roll).
THE SECRETARY: Ayes 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
370, by Senator Spano, Senate Print 3909, an
act to amend the Labor Law and the Civil
Service Law, in relation to prohibiting.
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 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
490, by Member of the Assembly Cohen, Assembly
Print Number 7642, an act to amend the Private
Housing Finance Law, in relation to loans to
owner occupants.
THE PRESIDENT: Read the last
section.
2708
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
554, by Senator Volker, Senate Print 3106, an
act to amend the Penal Law, the Criminal
Procedure Law and the Family Court Act, in
relation to enhanced penalties for gang
related activities.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 20. The
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
560, by Senator Bonacic, Senate Print 3715-A,
2709
an act to amend the Penal Law, in relation to
the crime of aggravated harassment of an
employee.
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 37, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
620, by Senator Alesi, Senate Print 4367, an
act to amend the State Administrative
Procedure Act, in relation to job impact
statements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
2710
THE SECRETARY: Ayes 37, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
641, by Senator Trunzo, Senate Print 4208, an
act to amend the Transportation Law, in
relation to regulation of the transportation
of property.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
672, by Senator LaValle, Senate Print 807, an
act to amend the Education Law, in relation to
community service opportunities at public
universities.
THE PRESIDENT: Read the last
section.
2711
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
699, by Senator DeFrancisco, Senate Print 706,
an act to amend the General Obligations Law,
in relation to enacting the drug dealer
liability act.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR DeFRANCISCO: I would like
to explain my vote.
THE PRESIDENT: Senator
DeFrancisco, to explain your vote.
SENATOR DeFRANCISCO: Thank you. I
think it is just perfect timing that this bill
2712
is passing unanimously today with students
from my district who are very involved in the
war against drugs. This bill that we have
just passed basically gives another tool
against drug dealers. We know drug dealers
can be arrested and prosecuted under criminal
law. This gives those effected adversely by
drug dealers, if they have physical damages,
monetary damages as a result of a drug
dealer's activity, they can sue that drug
dealer, and depending upon the level of sale,
the area in which that drug dealer can be sued
is much broader.
So I thank the body for passing
this bill and I hope that the Assembly will do
the same.
THE PRESIDENT: Thank you,
Senator. You will be recorded as voting in
the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes 41.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
2713
703, by Senator Maltese, Senate Print 4602, an
act to amend the Real Property Law, in
relation to the definition of qualified lease
holds condominiums.
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
708, by Senator Balboni, Senate Print 157, an
act authorizing the assessor of the County of
Nassau to accept an application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, I rise to explain my vote. I am
2714
going to be voting in the negative on this
bill.
THE PRESIDENT: Senator, we have
to call the roll first.
SENATOR DOLLINGER: Excuse me,
Madam President.
THE PRESIDENT: Call the roll.
(The Secretary called the roll).
THE PRESIDENT: Senator
Dollinger, to explain your vote.
SENATOR DOLLINGER: Thank you,
Madam President.
I cast this vote in the negative on
behalf of my former colleague and friend,
Charlie Cook. If you can remember, Senator
Cook and I voted against all of these late
file applications for property tax abatements
or exemptions, all of them filed by worthy,
not for profit agencies who would be entitled
to tax exempt status under our law, except for
some reason they failed to file the proper
paperwork to get it, or the property was
transferred during the middle of the tax year
and in the subsequent tax year they never
filed and asked for the exemption.
2715
I continue to believe, as I think
Senator Cook did, that the way to do this,
even though as Senator Balboni has instructed
me, the problem is largely concentrated in
Nassau County because of the county wide
assessing district, but nonetheless, what we
ought to have is a bill, if we are really
going to do this, that would allow the local
assessors, under carefully crafted guidelines
set by the State Legislature, to grant the
partial tax abatement for these types of
charitable facilities.
It is the right thing to do but it
is the wrong way to do it, to constantly bring
it back here. And then we run into that
problem that certain interests, because of
where they are located in the state, would get
the benefit of this late file partial
exemption, and frankly those who charitable
organizations happen to reside in a Democratic
Senator's district or Republican Assemblyman's
district may not enjoy the same benefit.
We ought to take a wholesale
approach to revising this and do it right.
Lets give the local assessors who are
2716
responsible to the taxing authority the
ability to grant partial exemptions when they
are justified. Under those circumstances when
that bill comes here I will vote for it and I
hope all my colleagues will as well. But as
we do it this piece-meal basis, I think as a
matter of protest, one that Senator Cook
joined me in throughout the last three or four
years, I have voted in the negative and will
continue to do so, Madam President.
THE PRESIDENT: Senator
Dollinger, you will be so recorded as voting
in the negative.
Senator Hannon.
SENATOR HANNON: Madam President,
on the bill, some of what Senator Dollinger
said is true and some of it is incorrect. I
think there is a general principal that -
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: Madam
President, we are on the vote.
SENATOR HANNON: I am explaining
my vote.
SENATOR PATERSON: Okay, very
2717
good.
SENATOR HANNON: I didn't know he
was a parliamentarian.
THE PRESIDENT: Senator Hannon,
please proceed.
SENATOR HANNON: As I was saying
before, for the benefit of the stenographer,
some of what Senator Dollinger said is true
and some of it I disagree with. I am voting
for these bills because I think the part that
is true, that if you are simply providing an
exception to the general statute, that people
who have filed timely but have to suffer some
taxation until the next tax status date, then
that is not a proper exception.
On the other hand, some of these
bills, and I can see that Senator Fuschillo's
so recites, provide for retroactivity where
people through a mistake did not apply and
therefore it is not an exception to the
general rule, and that would be appropriate.
I think until we establish some type of
procedure I would be voting in favor of them
but I think the general direction would be to
try to address this through a general statute
2718
that is fair to all and gives equity to
everybody.
Thank you.
THE PRESIDENT: Senator Hannon,
you will be so recorded pursuant to your
explanation of your vote as voting in the
affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: Aye 46, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
711, by Senator Fuschillo, Senate Print 1089,
an act to authorize the Church of God in
Christ Good Samaritan Ministries Incorporated,
to file an application.
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 47, nays 1.
2719
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
713, by Senator Johnson, Senate Print 1133, an
act to authorize the Church of God in
Lindenhurst to file an application.
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 47, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
715, by Senator Marchi, Senate Print 1437, an
act to authorize the Brighton Heights Reformed
Church to file an application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2720
THE PRESIDENT: Call the roll.
(The Secretary called the roll).
THE SECRETARY: Ayes 47, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
717, by Senator McGee, Senate Print 3061, an
act to legalize, validate, ratify and confirm
the establishment of an extended water
district.
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: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
746, by Senator Volker, Senate Print 3508, an
act to amend the Civil Practice Law and Rules
in relation to requiring.
2721
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect in 60 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
752, by Senator Johnson, Senate Print 4163, an
act to amend the Penal Law, in relation to
including court officer and senior court
officer.
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 49, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
2722
passed.
THE SECRETARY: Calendar Number
761, by Senator Johnson, Senate Print 1837, an
act to amend the Military Law, in relation to
authorizing the Governor.
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 PRESIDENT: Senator Volker.
SENATOR VOLKER: No, no.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: I was caught
in that position yesterday, Madam President.
I just rise to explain my vote. I
want to commend Senator Johnson for extending
the Conspicuous Service Cross to those who
directly participated in D-Day. But Madam
President, just having read the D-Day account
by Stephen Ambrose in a book called, Citizen
Soldier, which is the story of the Battle of
the Bulge and the American victory in France
2723
and into Germany prior to its surrender, I
would urge Senator Johnson to recognize,
especially considering the age of our veterans
who participated in any way in the D-Day
invasion, directly or indirectly, there were
thousands of people who stayed in England to
fund the troops, to make sure that they had
food, to make sure that they had ammunition,
and I would just strongly suggest that the
Conspicuous Service Cross ought to go to any
service man or woman who was in any way,
directly or indirectly involved in the D-Day
invasion, one, of my judgment, the greatest
military adventure not only of the United
States in its history, but frankly of this
millennium, the crossing of the English
Channel to invade Europe. And I think we
would do wonderful homage to these aging
veterans if we extended the Conspicuous
Service Cross to anyone who in any way was
related to the D-Day invasion.
I would ask Senator Johnson to
consider that.
Thank you, Madam President.
THE PRESIDENT: Senator, you will
2724
be so recorded as voting in the affirmative.
The Secretary will announce the results.
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
786, by Senator Skelos, Senate Print 1132-A,
an act to amend the Education Law, in relation
to drug testing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 180 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed. Senator Skelos, that completes the
reading of the calendar.
SENATOR SKELOS: I believe there
is nothing else to be debated so we will
return to reports of standing committees.
Do you want to debate, Senator?
THE PRESIDENT: Senator Paterson,
why do you rise?
2725
SENATOR PATERSON: I wanted to
debate Senator Dollinger on the issue as to
whether or not D-Day was the greatest military
event of the millennium. Lets look at the end
of the Hundred Years War in 1353, Madam
President, what about that? That seemed like
a pretty interesting situation. But Senator
Dollinger doesn't think so.
How about when 1066 when the
British were defeated on their own soil by
Guillome the Conqueror, but no, no, that
wasn't the greatest confrontation according to
Senator Dollinger.
How about January 12th, 1969 when
the New York Jets upset the Baltimore Colts in
Super Bowl III? There, there was a great
moment, but Senator Dollinger was probably
reading another book that day and probably
missed that. So I won't even bother to debate
it with him, Madam President, but I do have a
record of speaking here every day and I had to
think of some way to say something before the
time runs out.
SENATOR SKELOS: Senator
Paterson, we would like to adjourn, but then
2726
if you want to you can spend the next three
days with Senator Dollinger.
If we could return to reports of
standing committees.
THE PRESIDENT: Senator Marchi,
you wish to be recognized? Senator Marchi.
SENATOR MARCHI: I have not
introduced a bill yet and I doubt if I will,
but to supplement Senator Paterson, I was a
veteran of the invasion of Okinawa and Guam
and a few other places, but someday we'll get
all these glories and put them together in one
jumbo amendment, chapter amendment.
THE PRESIDENT: Senator Skelos,
we will now return to reports of standing
committees. I believe there is a report of
the Finance Committee at the desk.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nomination, as an alternate,
non-voting member of the Metropolitan
Transportation Authority, Anthony J.
Bottalico, of LaGrangeville.
THE PRESIDENT: Senator Stafford.
2727
SENATOR STAFFORD: Move the
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Anthony J. Bottalico as
an alternate, non-voting member of the
Metropolitan Transportation Authority. All in
favor, signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: Anthony J.
Bottalico is hereby confirmed as a non-voting
member of the Metropolitan Transportation
Authority.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: Yes, there is,
Senator.
Senator Velella.
SENATOR VELELLA: Madam
President, on page 42, I offer the following
amendments to Calendar 448, Senate Print
Number 3597 and ask that said bill retain its
place on the Third Reading Calendar.
2728
THE PRESIDENT: The amendment is
received, Senator Velella, and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until Monday, May 10th at 3:00 p.m.
Intervening days being legislative days.
THE PRESIDENT: On motion, the
Senate -- Senator Montgomery.
SENATOR MONTGOMERY: I am here.
THE PRESIDENT: On motion, the
Senate stands adjourned until Monday, May 10th
at 3:00 p.m. intervening days being
legislative days.
(Whereupon, at 11:27, the Senate
adjourned.)