Regular Session - February 7, 2000
563
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 7, 2000
4:04 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
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today to
give our invocation is the Reverend Peter G.
Young, from Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Dear God, we ask
Your presence on the blessing of this Senate
chamber and all of their representatives.
We have come to express our concern
about the welfare of our community, to learn
from each other, to grow in spirit and
character, to find Your will for our lives and
our neighborhoods.
We thank You for the opportunity in
this country to gather in this Senate chamber
to share in the memory and the opportunity of
working as a togetherness group for the State
of New York. Amen.
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THE PRESIDENT: Thank you,
Reverend Young.
Reading of the Journal.
THE SECRETARY: In Senate,
Saturday, February 5, the Senate met pursuant
to adjournment. The Journal of Friday,
February 4, 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.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Spano,
from the Committee on Labor, reports:
Senate Print 1992B, by Senator
Volker, an act to amend the Labor Law;
And 3514B, by Senator Spano, an act
to amend the Labor Law and the Urban
Development Corporation Act.
Senator Morahan, from the Committee
on Veterans and Military Affairs, reports:
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Senate Print 1908C, by Senator
Meier, an act to amend the Real Property Tax
Law;
4502, by Senator Libous, an act to
amend the Executive Law;
And 4752A, by Senator Maltese, an
act to amend the Vehicle and Traffic Law.
Senator Marchi, from the Committee
on Corporations, Authorities and Commissions
reports:
Senate Print 1023A, by Senator
Skelos, an act to establish a Business Trust
Law;
1808, by Senator Padavan, an act to
amend the Public Authorities Law;
3908B, by Senator Bonacic, an act
to amend the Public Authorities Law;
And 6281, by Senator Larkin, an act
to amend the Public Authorities Law.
Senator Seward, from the Committee
on Insurance, reports:
Senate Print 858, by Senator
Balboni, an act to amend the Insurance Law;
3529, by Senator Saland, an act to
amend the Insurance Law;
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And 5752, by the Senate Committee
on Rules, an act to amend the Insurance Law.
Senator Bonacic, from the Committee
on Housing, Construction and Community
Development, reports:
Senate Print 2866, by Senator
Volker, an act to amend the General Business
Law;
3664, by Senator Bonacic, an act to
amend the Private Housing Finance Law;
3891, by Senator Bonacic, an act to
amend the Private Housing Finance Law;
4139, by Senator Bonacic, an act to
amend the Public Housing Law;
4438, by Senator Bonacic, an act to
amend the Private Housing Finance Law;
4858, by Senator Bonacic, an act to
amend the Executive Law;
And 5198, by Senator Bonacic, an
act to amend the Administrative Code of the
City of New York.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 2788A, by Senator
Johnson, an act to amend the Vehicle and
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Traffic Law;
2994A, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law and the
Public Authorities Law;
And 3244, by Senator Kuhl, an act
to amend the Vehicle and Traffic Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Point of
order. Senate 3131B, is that on the list that
we're reporting?
THE PRESIDENT: Senator, that has
not been reported out.
SENATOR PATERSON: Thanks very
much, Madam President.
THE PRESIDENT: You're welcome.
Reports of select committees.
Communications and reports from
state officers.
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Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Yes, thank you,
Madam President.
On behalf of Senator Marcellino,
Madam President, on page 8 I offer the
following amendments to Calendar Number 78,
Senate Print 1323, and I ask that that bill
retain its place.
On behalf of Senator Wright, Madam
President, on page 12 I offer the following
amendments to Calendar Number 124, Senate
Print 4501A, and I ask that that bill retain
its place on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
SENATOR FARLEY: On behalf of
Senator Nozzolio, Madam President, on page 13
I offer the following amendments to Calendar
135, Senate Print 4464, and I ask that that
bill retain its place.
On behalf of Senator Volker, Madam
President, on page 17 I offer the following
amendments to Calendar Number 177, Senate
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Print Number 4252, and I ask that that bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there's a privileged resolution at
the desk by Senator Breslin. May we please
have the title read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 3013,
commending Paul M. Bray for his many years of
distinguished service with the Legislative
Bill Drafting Commission, upon the occasion of
his retirement as Senior Counsel.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
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(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
85, by Senator Seward, Senate Print 5207, an
act to amend the County Law.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
90, by Senator McGee, Senate Print 6276, an
act to amend the Education Law, in relation to
the dates during which a public hearing may be
held.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
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THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
106, by Senator Meier, Senate Print 4866A, an
act to amend the Town Law, in relation to
increasing the amount.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
116, by Senator Wright, Senate Print 2421, an
act to amend the Public Service Law, in
relation to annual reports.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
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act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
137, by Senator Trunzo, Senate Print 5016A -
SENATOR ONORATO: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
141, by Senator LaValle, Senate Print 807, an
act to amend the Education Law, in relation to
community service.
THE PRESIDENT: Read the last
section.
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, 58.
THE PRESIDENT: The bill is
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passed.
THE SECRETARY: Calendar Number
148, by Senator Marcellino, Senate Print 4151,
an act to repeal Title 17 of Article 23 of the
Environmental Conservation Law.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
165, by Senator Volker, Senate Print 111A, an
act to amend the Criminal Procedure Law, in
relation to criminal actions terminated in
favor of the accused.
THE PRESIDENT: Read the last
section.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
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THE SECRETARY: Calendar Number
166, by Senator DeFrancisco, Senate Print 537,
an act to amend the Criminal Procedure Law, in
relation to access to sealed records.
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, 56. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
186, by Senator Bonacic, Senate Print 6285, an
act authorizing the Delaware Valley
Jeffersonville-Youngsville Narrowsburg Central
School District.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
197, by Senator Hannon -
SENATOR PATERSON: Lay it aside.
THE SECRETARY: -- Senate Print
1524, an act to amend the Public Health Law,
in relation to reimbursement of city or county
medical expenses.
THE PRESIDENT: The bill is laid
aside.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, if that completes the reading of
the noncontroversial calendar, can we move to
the reading of the controversial calendar.
THE PRESIDENT: Thank you,
Senator. Upon the completion of the reading
of the noncontroversial calendar, we will now
have the reading of the controversial
calendar.
The Secretary will read.
THE SECRETARY: Calendar Number
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137, by Senator Trunzo, Senate Print 5016A, an
act authorizing the Department of
Transportation to conduct a feasibility study.
SENATOR HEVESI: Explanation.
THE PRESIDENT: Senator Trunzo,
an explanation has been requested.
SENATOR TRUNZO: Madam President,
the purpose of this bill is to authorize the
Department of Transportation to conduct a
feasibility study of water passenger
transportation from Manhattan Island to
Kennedy Airport and LaGuardia Airports,
identifying the various points of embarkment
and debarkment and conducting a cost-benefit
analysis in considering various types of water
craft.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Madam President,
I believe there's an amendment at the desk. I
ask that its reading be waived, and I wish to
be heard on the amendment.
THE PRESIDENT: Go ahead,
Senator. The reading is waived.
SENATOR HEVESI: Thank you.
Madam President, I think Senator
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Trunzo's legislation is a good piece of
legislation. It passed this house unanimously
last year.
One of the central benefits of the
feasibility study that he is proposing become
law is that we can reduce the volume of
traffic congestion in the city of New York by
having an alternate route to LaGuardia and
Kennedy Airports. Very admirable goal.
One of the tangential benefits of
that will be reduced air-pollution emissions.
And we have a tremendous problem in the city
of New York, most notably in my home borough
of Queens, with air and noise pollution
emanating from the two airports that are the
target of Senator Trunzo's legislation.
So essentially the amendment that
is before us is the adoption or would be the
adoption in its entirety of a bill that
Senator Maltese has introduced, which has
cosponsorship by myself and several other
members of this body, which has passed the
Assembly in 1998 and 1999.
And similar to Senator Trunzo's
legislation, this amendment, Senator Maltese's
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bill, would require the State Department of
Environmental Conservation to conduct a
feasibility study using the "bubble"
methodology that has been adopted and
implemented in California, whereby any
potential emission-pollution-producing entity
within either one of the airports would be
studied and examined, including any aircraft,
fixed-wing or otherwise, any refuelling
vehicle, any baggage-transporting vehicle -
and, in addition, taxis, limousines, and
buses.
In the aggregate, all of these
entities would essentially be targeted under
this study as one entity. And after the DEC
does its feasibility study, recommendations
would be made to reduce those emission levels
in a comprehensive fashion, treating the area
around each of these airports as a bubble.
Everything within them reduces the emissions.
And this is something that we
absolutely need to move in the direction of.
We have in Queens, in Brooklyn, and most
notably and most acutely in the Bronx,
respiratory difficulties, particularly with
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young individuals, the elderly, and those who
have a predisposition to respiratory
illnesses, asthma and what have you. We have
a tremendous problem here.
And Assemblyman Klein recently put
out a study that shows that we have something
which he dubbed "Asthma Alley" in the Bronx,
where the incidence of this ailment is much
higher than averages which are acceptable, to
the extent that any acceptance of asthma is
acceptable.
And I believe, as I know many of my
colleagues and Senator Maltese believes, that
one of the exacerbating factors in the asthma,
in the respiratory problems, are the emissions
at these airports.
And to the extent that my
constituents and the constituents of Senator
Onorato and Senator Stavisky and Senators
Maltese and Padavan and all the other senators
in the contiguous area around Kennedy and
around LaGuardia Airports have a stake in the
health of their constituents, I think passage
of what is essentially Senator Maltese's
"bubble bill" as an amendment to the
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legislation that Senator Trunzo has put before
us is absolutely essential.
It's bipartisan. This is
protecting the health of our constituents. It
is a cost-effective measure. DEC could
implement this utilizing existing staff. The
Assembly has passed it. It's got a Republican
sponsor. It's a common-sense measure.
And I applaud Senator Maltese for
his advocacy on this issue. And I know that
this is an issue that Senator Marcellino is
interested in, and I know he's taken a look at
it.
And in the highly unlikely event
that this amendment should fail when we take a
vote on it in a few moments, I would strongly
suggest to all of my colleagues that they
support passage of the "bubble bill," have it
reported out of the Environmental Conservation
Committee.
This is something where we have a
problem, we know what the problem is, we know
of potential remedies, and we certainly can
all agree that the search for potential
remedies is of the highest priority.
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So I want to again commend Senator
Maltese and Senator Marcellino for their
interest in this area and urge all of my
colleagues to support this amendment, which
will protect the lives and the health of
constituents of all the Senators in New York
City and on Long Island. And I say that in
particular because I don't believe we have a
Democratic Senator from Long Island. The
Long Island members have to protect their
constituents as well. They're affected by
this legislation, or actually the lack
thereof.
So, Madam President, in conclusion,
I just would like to request again, everybody
support this amendment and keep up the fight.
We will have some more environmental
protection so that our constituents can
breathe clean air, as they deserve to.
THE PRESIDENT: On the amendment,
all in favor signify by saying aye.
(Response of "Aye.")
SENATOR MARCELLINO: Party vote
in the negative.
THE PRESIDENT: Opposed, nay.
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SENATOR MARCELLINO: Party vote
in the negative.
THE PRESIDENT: The Secretary
will call the roll on a party vote.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, we didn't make a party vote.
THE PRESIDENT: Then we'll -- the
Secretary will withdraw the roll call. It was
difficulty hearing -- the amendment is
defeated.
SENATOR MARCELLINO: Read the
last section, 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, 58.
THE PRESIDENT: The bill is
passed.
ª 584
THE SECRETARY: Calendar Number
165, by Senator Volker, Senate Print 111A, an
act to amend the Criminal Procedure Law, in
relation to -
SENATOR MARCELLINO: Lay it aside
for the day, please, at the request of the
sponsor.
THE PRESIDENT: The bill is laid
aside, Senator.
THE SECRETARY: Calendar Number
197, by Senator Hannon, Senate Print 1524 -
SENATOR MARCELLINO: Lay it aside
for the day at the request of the sponsor,
please.
THE PRESIDENT: The bill is laid
aside for the day.
SENATOR MARCELLINO: Madam
President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Is there any
housekeeping at the desk? I believe you have
a privileged resolution or a resolution.
THE PRESIDENT: Return to motions
and resolutions.
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The Secretary will read.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, on page 14 I offer the following
amendments to Calendar Number 151, Senate
Print Number 6137, 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 Marcellino.
SENATOR MARCELLINO: If we can
have just one moment, Madam President.
Madam President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Is there any
further housekeeping at the desk?
THE PRESIDENT: No, Senator.
SENATOR MARCELLINO: On that
point, may we adjourn this session until
tomorrow at 11:00 a.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
586
February 8th, 11:00 a.m.
(Whereupon, at 4:25 p.m., the
Senate adjourned.)