Regular Session - February 1, 2000
512
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 1, 2000
11:05 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
513
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, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, January 31st, the Senate met pursuant
to adjournment. The Journal of Sunday,
January 30, 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.
514
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Rath,
from the Committee on Local Government,
reports:
Senate Print 2088, by Senator
Libous, an act to amend the Real Property Tax
Law;
2942, by Senator Rath, an act to
amend the General Municipal Law and others;
4072, by Senator Seward, an act to
amend the Town Law;
6171, by Senator Seward, an act to
amend the Real Property Tax Law;
And 6220, by Senator Saland, an act
to amend the General Municipal Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 4251, by Senator
Trunzo, an act to amend the Vehicle and
Traffic Law;
4409, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
6374, by Senator Trunzo, an act to
515
amend the Vehicle and Traffic Law;
And 6375, with amendments, by
Senator Trunzo, an act to amend the Vehicle
and Traffic Law.
Senator Hannon, from the Committee
on Health, reports:
Senate Print 1524, by Senator
Hannon, an act to amend the Public Health Law;
1541, by Senator Farley, an act to
amend the Public Health Law;
2197, by Senator Libous, an act to
amend the Public Health Law;
4722, by Senator Skelos, an act to
amend the Public Health Law and the Social
Services Law;
And 5213, by Senator Alesi, an act
to amend the Public Health Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, the bills are directed to Third
Reading.
Reports of select committees.
Communications and reports from
state officers.
516
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Maziarz, I
would ask that on page Number 16, I offer the
following amendment to Calendar Number 159,
Senate Print Bill Number 5180, and ask that
said 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 McGEE: Thank you, Madam
President.
On behalf of Senator Rath, I would
ask that on page Number 18 I offer the
following amendments to Calendar Number 179,
Senate Print Number 6173, and ask that said
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 McGEE: Thank you, Madam
517
President.
THE PRESIDENT: Senator Nozzolio,
we have a substitution.
SENATOR NOZZOLIO: Madam
President, take the substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 13,
Senator Fuschillo moves to discharge, from the
Committee on Consumer Protection, Assembly
Bill Number 5912A, Senate Print 5731, Third
Reading Calendar 130.
THE PRESIDENT: The substitution
is ordered.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, may we please adopt the Resolution
Calendar.
THE PRESIDENT: All those in
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
518
Calendar is adopted.
Senator Nozzolio.
SENATOR NOZZOLIO: Is there
another substitution, Madam President?
THE PRESIDENT: The substitution
has been made, Senator Nozzolio.
Senator Nozzolio, I've been
informed that we have another committee
report.
SENATOR NOZZOLIO: Madam
President, if we could return to standing
committees and please take that report.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Libous,
from the Committee on Mental Health and
Developmental Disabilities, reports:
Senate Print 2091, by Senator
Libous, an act to amend the Mental Hygiene
Law;
2102A, by Senator Libous, an act to
amend the Mental Hygiene Law and the Executive
Law;
2114, by Senator Libous, an act to
enact the Consumer-Oriented Reform Efforts and
519
Mental Hygiene Agencies Act of 1999;
And Senate Print 4658, by Senator
Libous, an act to amend the Mental Hygiene
Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills directed to third
reading.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, at this time may we please have the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
29, by Senator Johnson, Senate Print 1588, an
act to amend the Criminal Procedure Law, in
relation to requiring.
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.)
520
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
65, by Senator Volker, Senate Print 725A, an
act to amend the Penal Law, in relation to
endangering the welfare of a child.
SENATOR DOLLINGER: Lay the bill
aside, please -
THE PRESIDENT: The bill is laid
aside, Senator.
SENATOR DOLLINGER: -- for
Senator Montgomery.
THE SECRETARY: Calendar Number
68, by Senator Maltese, Senate Print 2191A, an
act to amend the Penal Law, in relation to
clarifying the definition of physical injury
or serious physical injury.
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.)
521
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, there will be an immediate meeting
of the Children and Families Committee in the
Senate Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Children and Families
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
84, by Senator McGee, Senate Print 4320, an
act to amend the Municipal Home Rule Law, in
relation to authorizing the Secretary of
State.
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, 37.
522
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
100, by Senator DeFrancisco, Senate Print 863,
an act to amend the Social Services Law, in
relation to the transportation of certain
persons.
SENATOR DOLLINGER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
101, by Senator Farley, Senate Print 3237, an
act to amend the Social Services Law, in
relation to requiring provision of notice.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
523
102, by Senator Morahan, Senate Print 5800, an
act to amend the Social Services Law, in
relation to county responsibility.
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, 37.
THE PRESIDENT: The bill is
passed.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, Calendar Number 153, has that been
read?
THE PRESIDENT: Not yet, Senator.
The Secretary will read.
THE SECRETARY: Calendar Number
153, by Senator Volker, Senate Print 6325, an
act to amend the Executive Law, in relation to
the definition of a designated offender.
THE PRESIDENT: Read the last
section.
SENATOR DUANE: Lay it aside.
524
THE PRESIDENT: The bill is laid
aside.
That completes the reading of the
noncontroversial calendar, Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
Now may we have the reading of the
controversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
65, by Senator Volker, Senate Print 725A, an
act to amend the Penal Law, in relation to
endangering the welfare of a child.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, can we have that bill temporarily
laid aside? Senator Montgomery wants to be
heard on the bill, and she is in the Children
and Families Committee meeting. If we could
have it laid aside till the end of the
calendar.
THE PRESIDENT: The bill is laid
aside.
525
SENATOR DOLLINGER: Thank you.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
100, by Senator DeFrancisco, Senate Print 863,
an act to amend the Social Services Law, in
relation to the transportation of certain
persons.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Explanation,
Madam President.
THE PRESIDENT: Senator
DeFrancisco, an explanation has been
requested.
SENATOR DeFRANCISCO: What would
you like to know, Rick? We debate this bill
every year, and it's very simple.
SENATOR DOLLINGER: Senator
DeFrancisco asked me to yield to a question:
What do I want?
SENATOR DeFRANCISCO: Yeah, what
do you want?
No, it's a -- every year we do this
bill, we pass it. And it basically is a bill
526
that says that in the event that you are
capable of taking public transportation, you
should be required to do so. And that means
capable. If you're not capable, then
obviously another means of transportation has
to be provided to you.
And the concept is, number one, it
cuts costs, if you're capable. It cuts the
cost of transportation in the Medicare system.
And, number two, what it does is it provides
much-needed revenue for public transportation,
which seems to periodically come to Albany
looking for funds to subsidize public
transportation.
So if the person is physically and
mentally capable, the transportation should
be, and under the bill would be, public
transportation.
THE PRESIDENT: Senator Smith.
SENATOR SMITH: Thank you, Madam
President.
Would the sponsor yield for a
couple of questions, please?
THE PRESIDENT: Senator, do you
yield?
527
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: Go ahead, Senator
Smith.
SENATOR SMITH: Your last
statement indicated that if people were
capable of using public transportation. Could
you tell me what studies have been done, and
by whom, to back up your theory that they
should take public transportation?
SENATOR DeFRANCISCO: There's
been no studies. But if I'm capable of
getting on a bus and using public
transportation -- and that's a decision that's
ultimately going to be made by the Social
Services Department -- then I should be
required to do so.
Now, as far as studies, there's
been no studies. It's just intuitively that
this should be a standard that government
should employ.
SENATOR SMITH: Social Services
rather than a doctor should make this
decision?
SENATOR DeFRANCISCO: Well,
obviously the nature of the service is going
528
to be such that somebody is going to have to
make a decision. The doctor can't give a
prescription to the Social Services
Department. The Social Services Department
would have to make the ultimate decision.
And clearly, if there's a
disagreement in that area, you could contest
that like you can contest any other decision
in public health, to the Social Services
Department for a fair hearing.
SENATOR SMITH: Would the sponsor
continue to yield?
THE PRESIDENT: Thank you,
Senator Smith.
Senator DeFrancisco, do you
continue to yield?
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: Go ahead, Senator
Smith.
SENATOR SMITH: Are you aware
that currently there is a provision for the
doctors to request transportation for the
patients, especially those that are going to
dialysis or to other forms of care on a
regular basis, and it is approved by the
529
Department of Social Services?
SENATOR DeFRANCISCO: Exactly
what I said. The ultimate decision is the
Department of Social Services. The physician
can provide whatever medical information is
necessary.
SENATOR SMITH: And prior to the
transportation being taken, a number is given
which -- an approval number?
SENATOR DeFRANCISCO: I don't get
the point. I assume that's what happens. The
Department of Social Services, once they make
the decision, as I mentioned twice before,
would approve it or disapprove it.
I assume there's an approval number
or maybe an approval letter. I don't know
exactly what physical document is provided.
THE PRESIDENT: Senator Smith, do
you have another question?
SENATOR SMITH: Yes, I do.
THE PRESIDENT: Do you continue
to yield, Senator DeFrancisco?
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: Go ahead, Senator
Smith.
530
SENATOR SMITH: You also stated
that they should take public transportation,
once again, if they're capable. Are you aware
that in the City of New York most of the buses
that are supposedly handicapped-accessible,
that the bus drivers do not have keys to open
the back, the rear, so that the wheelchairs
could get onto the buses?
SENATOR DeFRANCISCO: Well, isn't
the solution to get the keys rather than to
get people who are capable of getting on
transportation not be required to do so?
If in the administration of any
program someone is doing it inefficiently and
foolishly, such as not being able to access a
lift for a handicapped individual, then that
should be -- the administration should be
called on that, and they should be required to
administer the laws as we make them.
And so obviously, if someone
doesn't have the key, that's incompetence.
And that doesn't affect the concept of a law
that requires a certain thing. It affects the
enforcement by those who are bound by the law.
SENATOR SMITH: I'm so pleased to
531
hear you say that, since you're -
THE PRESIDENT: Senator Smith, do
you have another question?
SENATOR SMITH: Yes.
THE PRESIDENT: Do you continue
to yield, Senator -
SENATOR SMITH: -- since you're
in the Majority, and -
THE PRESIDENT: Senator Smith,
please wait.
Senator DeFrancisco, do you
continue to yield?
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: You may proceed,
Senator Smith, with another question.
SENATOR SMITH: The question is
since you are in the Majority and you have the
opportunity to oversee this, why hasn't it
been done?
SENATOR DeFRANCISCO: I'm trying
to figure out what the question is. But I
don't work for whatever county you're talking
about in the City of New York.
SENATOR SMITH: But you have -
THE PRESIDENT: Senator Smith, do
532
you wish to have time yielded to you? Is that
why you're rising?
SENATOR SMITH: I don't need time
to be yielded, because he's a smartass. I
think that -
THE PRESIDENT: Senator Smith,
that's out of order -
SENATOR SMITH: So is he.
THE PRESIDENT: -- and that will
not be tolerated in this Senate.
SENATOR SMITH: So is he.
THE PRESIDENT: Do you have a
question, Senator Smith?
SENATOR SMITH: My questions have
ceased.
THE PRESIDENT: Please be seated.
SENATOR SMITH: Thank you. The
same to you.
THE PRESIDENT: Read the last
section.
Senator Stavisky.
SENATOR STAVISKY: Yes, I have a
very brief question.
THE PRESIDENT: Senator
DeFrancisco, do you yield for a question?
533
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: Go ahead, Senator
Stavisky.
SENATOR STAVISKY: Is the Senator
familiar with the No. 7 train which goes from
Times Square to Main Street, Flushing?
SENATOR DeFRANCISCO: Familiar
with it? No.
SENATOR STAVISKY: With the No. 7
train that goes past Shea Stadium?
SENATOR DeFRANCISCO: No, I
haven't ridden that train.
SENATOR STAVISKY: Okay. The
No. 7 train is an elevated train once it comes
through the East River. And it has no
accessibility for the disabled whatsoever.
It's an elevated structure, and therefore
impossible for people with disabilities to
use. How would you resolve the question?
We are putting in elevators and
escalators. Unfortunately, the escalators
that have been installed at the Main Street,
Flushing, station do not work. They are
putting escalators and elevators in at one
other spot. But for the balance of the No. 7
534
line, the subway line, the elevated IRT, there
is no accessibility for the disabled
whatsoever. And that train runs entirely
through my Senate district.
SENATOR DeFRANCISCO: If that's
the circumstance, then obviously the
individual is not capable of using that
transportation if they're disabled. So they
would -- the county would not be required -
or the individual would not be required to use
that transportation.
And it goes back to Senator Smith
talking about dialysis. I mean, those
situations that are situations where the
person cannot use it because their mental or
physical incapability or because of the
inaccessibility because keys aren't found or
there's no elevator or whatever it may be, it
would not apply to that situation.
SENATOR STAVISKY: I have one
more question.
THE PRESIDENT: Senator
DeFrancisco, do you yield for an additional
question?
SENATOR DeFRANCISCO: Yes.
535
THE PRESIDENT: Thank you. Go
ahead, Senator.
SENATOR STAVISKY: How does this
impact on the federal Americans with
Disabilities Act?
SENATOR DeFRANCISCO: If someone
is incapable of being -- using public
transportation, then that individual would be
allowed to have a taxicab or some alternate
means of transportation or a special-type bus.
And those are the people that are protected by
the Americans With Disabilities Act.
I'm referring to -- this bill is
talking about individuals who are able to use
public transportation should be required to
and they're not presently.
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: Those recorded in
the negative on Calendar Number 100 are
Senators Connor, Duane, Gentile, Gonzalez,
536
Hevesi, Markowitz, Onorato, Rosado, Sampson,
Santiago, Schneiderman, Smith, and Stavisky.
Ayes, 33. Nays, 13.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
153, by Senator Volker, Senate Print 6325, an
act to amend the Executive Law, in relation to
the definition of a designated offender.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Volker,
an explanation has been requested.
SENATOR VOLKER: This is an
amendment to the DNA legislation which passed
late last year, which for the most part, this
creates some clarifying amendments to it.
There was a question when the bill
passed back in December about the designated
offender in relation to larceny. And this
specifies that what was intended was grand
larceny. And it specifies then, because of
the confusion over language, that the date
would be December 1st -- which was actually
the date the bill was signed -- the date in
537
which those offenders, those people that are
convicted of grand larceny, would have to
submit to DNA tests.
Then there are several other
provisions that relate to clarifying the issue
of appeals in the DNA area. As I understand
it, these provisions were essentially agreed
on between the Assembly, the Senate, and the
Governor in December, but we were never able
to get to it to finalize it.
So this is not something that -- as
you notice, Joe Lentol is the sponsor in the
Assembly. And what this bill really is is, in
effect, a chapter amendment to the bill that
passed back in December.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you very
much, Madam President. I'd like to speak on
the bill.
THE PRESIDENT: On the bill,
Senator.
SENATOR DUANE: Thank you.
I find it ironic that after we
spent so much time last year working on this
bill that it needs to have these kinds of
538
clarifications.
My objections remain the same. I
believe that this whole DNA database is a
slippery slope. I think that we will continue
to see more people piled into the parameters
of this legislation, impacting terribly, and
very negatively, the privacy of citizens of
this state.
And I also believe that one of the
things that certainly should have been looked
at is how long the samples are kept and how
long they need to be kept and how it is that
they will be disposed of. That the
legislation is completely silent on those
issues.
I also find it ironic that we go to
such great lengths to compile blood samples
for DNA and to focus on compiling a database
on criminals, and yet there is this incredible
resistance to keeping a database on hate
crimes which occur in our state. The State
Police itself does not keep facts and figures
on hate crimes, and yet clearly it's a problem
which has been and will continue to face our
state.
539
If we can focus so much time and
attention on the DNA database and come back
and reconfigure the legislation and fix it up,
I don't understand why it is that we can't
spend a little bit of time mandating that the
State of New York keep records on the terrible
problem of hate crimes in our state.
Thank you, Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield to just one
question?
SENATOR VOLKER: Sure.
THE PRESIDENT: Senator Volker,
will you yield to a question?
SENATOR VOLKER: Certainly.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR DOLLINGER: Senator, as
always, I come to the floor and read these
bills -- and on the second page of this bill,
we're substantially expanding the appeal
period for what appears to be a specific case.
Is there a specific case that this bill would
540
impact in which the motion was made prior to
December 1st?
SENATOR VOLKER: No, I think the
problem has to do with -- I don't think it's
for a specific case.
What it is, I think they're trying
to clarify how the appeals process would work.
Remember that if you're looking at -- the
problem here is this bill actually -- although
the Assembly passed it, I forget, back in the
late summer after we left town, the actual
passage of this legislation was in November,
late November. And then December 1st it
became effective.
And the question, I guess, is when
appeals were filed in certain cases; for
instance, relating to larceny. As I
understand it, part of the problem was that
since there was some question as to whether
grand larceny was to be included, I think what
this does is -- as I understand it, what this
does is try to clarify what the appeals
situation is in these kinds of cases.
At least that's what I've been
told, that this is an attempt to work out in
541
legal form -- as opposed, by the way, to what
one of our local judges just did, just declare
something unconstitutional -- trying to
clarify so we'll have a body of law that
determines how the appeals process works.
SENATOR DOLLINGER: Through you,
Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: And I
appreciate Senator Volker's answer. My
question is, does the language in that
portion -- which seems to say, as I read it,
that you've got till 30 days after the
decision has been served and entered, which is
the standard we have for all appeals, both
civil and criminal in this state, or until
September 1st of the year 2000, whichever is
later.
And my question, through you, Madam
President, is does that mean if you file and
serve your -- the order, even if the 30 days
passes you still have until September 1st? If
I filed and served that order now, I'd have
nine months to appeal?
542
SENATOR VOLKER: I think there
is -- I think the attempt here is to give some
additional time.
Because, for one thing, you've got
to realize this is going to take a long time
for these samples to be taken. One thing I
think everyone should realize is this is not
going to be done overnight. This is going to
take a long, long time before this is done.
And I think the idea is to give
some length of time after this bill is in
effect, it comes into effect, to be able to,
if you wish, to make challenges.
And by the way, I'm told there have
been almost no challenges to the taking of
DNA. In fact, I think it's been -- well, I'm
not sure. But it's been very, very few to the
taking of DNA.
So I think what they're trying to
do here, this is an attempt, frankly, to give
some -- these are convicted criminals -- some
option. Actually, it gives them a longer
option to appeal their ability to have DNA
taken from them.
THE PRESIDENT: Senator
543
Dollinger, do you have another question?
SENATOR DOLLINGER: Thank you,
Madam President. I guess -
THE PRESIDENT: On the bill.
SENATOR DOLLINGER: I'm going to
vote for this bill on the strength of Senator
Volker's explanation. What we're doing here
is trying to give more time.
I'm only intrigued because it would
seem to me, Senator Volker, that the samples
would all be a part of the lower court initial
determination. We'd have the samples, there
would be a ruling by the lower court.
I'm always a bit nervous when we
expand appellate periods of time. I mean, the
president has sat as a judge and knows
whenever we say to someone "You've got 30
days," the courts in this state -- and I think
everybody's kind of enamored of the notion
that you either do it within 30 days or you
wave your case goodbye. And this seems to
suggest we're going to substantially expand
the appellate period, and I'm always nervous
when we do that.
So I understand that this is a
544
beneficial statute designed to preserve the
rights of those who have been accused in order
to give them more time to work out this new
DNA identification rubric or protocol. I'm
willing to buy that, based on Senator Volker's
explanation.
But I just look at this and I see
us substantially expanding appellate times.
And that's always, at least from my
perspective, a very questionable idea, even
though it may serve a beneficial purpose.
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, 48. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Meier.
SENATOR MEIER: Madam President,
could you announce, please, an immediate
meeting of the Labor Committee in the Majority
545
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Labor Committee in
the Majority Conference Room.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President. Could you please recognize Senator
Seabrook.
THE PRESIDENT: Senator Seabrook.
SENATOR SEABROOK: Yes, Madam
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
100.
THE PRESIDENT: The record will
so reflect your vote in the negative, Senator
Seabrook.
SENATOR SEABROOK: Thank you.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Madam President,
could we now please take up Calendar Number
65.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
65, by Senator Volker, Senate Print 725A, an
546
act to amend the Penal Law, in relation to
endangering the welfare of a child.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
Senator Meier, that completes the
controversial reading of the calendar.
SENATOR MEIER: Madam President,
could we return, please, to the order of
motions and resolutions and open up Resolution
Number 2884 for sponsorship by all members.
And those who do not wish could perhaps inform
the desk.
THE PRESIDENT: We will return to
motions and resolutions. The Secretary will
read.
Anyone who does not wish to be on
the sponsorship of this resolution, please
547
notify the desk. It's Number 2884.
Senator Meier.
SENATOR MEIER: Madam President,
may we please return to the order of reports
of standing committees. I believe there are
reports at the desk.
THE PRESIDENT: We will return to
reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Saland,
from the Committee on Children and Families,
reports:
Senate Print 1075, by Senator
Skelos, an act to amend the Social Services
Law and the Family Court Act;
2721, by Senator Saland, an act to
amend the Family Court Act;
And 3815B, by Senator Saland, an
act to amend the Family Court Act.
Senator Padavan, from the Committee
on Cities, reports:
Senate Print 1734, with amendments,
by Senator Velella, an act to amend the
General City Law and the Penal Law;
2358, by Senator Velella, an act to
548
amend the Real Property Tax Law;
3597A, by Senator Velella, an act
to amend the Administrative Code of the City
of New York;
6257, by Senator Larkin, an act in
relation to establishing a library district;
And 6289, by Senator Volker, an act
to amend the Local Finance Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Paterson.
SENATOR PATERSON: Good morning,
Madam President.
THE PRESIDENT: Good morning,
Senator.
SENATOR PATERSON: With unanimous
consent -- which means that no one in this
house would object -- I would like to be
recorded in the negative on Calendar Number
100.
THE PRESIDENT: Senator, you will
be so recorded as voting in the negative on
549
Calendar 100.
SENATOR PATERSON: Thank you.
THE PRESIDENT: You're welcome.
Senator Meier.
SENATOR MEIER: Madam President,
is there any housekeeping at the desk?
THE SECRETARY: No, there is not,
Senator.
SENATOR MEIER: Madam President,
could you please announce that there will be
an immediate meeting of the Majority
Conference after session today.
THE PRESIDENT: There will be an
immediate meeting of the Majority Conference
after session.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
There being no further business to
come before the Senate, I move we adjourn
until February 7 at 3:00 p.m., intervening
days being legislative days.
THE PRESIDENT: On motion, the
Senate stands adjourned until Monday,
February 7th, 3:00 p.m., intervening days
550
being legislative days.
(Whereupon, at 11:40 a.m., the
Senate adjourned.)