Regular Session - February 15, 2000

                                                              705



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                             February 15, 2000

                                11:08 a.m.





                              REGULAR SESSION







                 SENATOR JAMES W. WRIGHT, Acting President

                 STEVEN M. BOGGESS, Secretary



















                                                        706



                           P R O C E E D I N G S

                            ACTING PRESIDENT WRIGHT:    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.)

                            ACTING PRESIDENT WRIGHT:    In the

                 absence of clergy, may we bow our heads in a

                 moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT WRIGHT:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Monday, February 14, the Senate met pursuant

                 to adjournment.  The Journal of Friday,

                 February 11, was read and approved.  On

                 motion, Senate adjourned.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.







                                                        707



                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator LaValle,

                 from the Committee on Higher Education,

                 reports:

                            Senate Print 1971, by Senator

                 LaValle, an act to amend the Education Law;

                            2097, by Senator Libous, an act to

                 amend the Education Law;

                            3021A, by Senator Saland, an act to

                 amend the Executive Law and the Education Law;

                            And 3103, by Senator Lack, an act

                 authorizing the State University of New York.

                            Senator Rath, from the Committee on

                 Local Government, reports:

                            Senate Print 173, by Senator

                 Larkin, an act to amend the Real Property Tax

                 Law;

                            745, by Senator Volker, an act to

                 amend the Real Property Tax Law;

                            4206A, by Senator Rath, an act to

                 amend the Real Property Tax Law;

                            6279, by Senator Larkin, an act to

                 repeal Chapter 57 of the Laws of 1974;







                                                        708



                            6284, by Senator Marcellino, an act

                 authorizing the assessors of the County of

                 Nassau and the Village of Old Westbury;

                            6316, by Senator Seward, an act to

                 authorize the Village of Herkimer.

                            Senator Trunzo, from the Committee

                 on Transportation, reports:

                            Senate Print 1101, by Senator

                 Goodman, an act to amend the Transportation

                 Law;

                            1102, by Senator Goodman, an act to

                 amend the Transportation Law;

                            2812, by Senator Johnson, an act to

                 amend the Public Authorities Law;

                            And 3616, by Senator Marcellino, an

                 act to amend the Vehicle and Traffic Law.

                            Senator Hannon, from the Committee

                 on Health, reports:

                            Senate Print 126, by Senator Rath,

                 an act to amend the Public Health Law;

                            1253B, by Senator Hannon, an act to

                 amend the Public Health Law and the Penal Law;

                            And 1969, by Senator LaValle, an

                 act to amend the Public Health Law.

                            All bills ordered direct to third







                                                        709



                 reading.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, all bills reported directly to

                 third reading.

                            Reports of select committees.

                            Communications and reports of state

                 officers.

                            Motions and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, on behalf of Senator Alesi, I wish

                 to call up Senate Print Number 4124A, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 54, by Senator Alesi, Senate Print 4124A, an

                 act to amend the Workers' Compensation Law.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll on reconsideration.

                            (The Secretary called the roll.)







                                                        710



                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT WRIGHT:

                 Amendments received.

                            Oh, Senator Fuschillo, I'm sorry.

                            SENATOR FUSCHILLO:    Thank you,

                 Mr. President.

                            On behalf of Senator Alesi, on page

                 number 16 I offer the following amendments to

                 Calendar Number 201, Senate Print Number 5213,

                 and ask that said bill retain its place on

                 Third Reading Calendar.

                            ACTING PRESIDENT WRIGHT:

                 Amendments received, and the bill will retain

                 its place on Third Reading Calendar.

                            Substitution.

                            SENATOR SKELOS:    Please make the

                 substitutions.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    On page 13,

                 Senator Marcellino moves to discharge, from







                                                        711



                 the Committee on Environmental Conservation,

                 Assembly Bill Number 5513A, and substitute it

                 for the identical Senate bill, 6137A, Third

                 Reading Calendar 151.

                            ACTING PRESIDENT WRIGHT:

                 Substitution ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could adopt the Resolution Calendar,

                 with the exception of Resolution 3041.

                            ACTING PRESIDENT WRIGHT:    All in

                 favor of adopting the Resolution Calendar,

                 with the exception of Resolution Number 3041,

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 Resolution Calendar is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 believe there's a privileged resolution at the

                 desk by Senator Morahan.  May we have the

                 title read and move for its immediate







                                                        712



                 adoption.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Morahan, Legislative Resolution Number 3054,

                 memorializing Governor George E. Pataki to

                 proclaim the week of February 13 through 19,

                 2000, as the "National Salute to Hospitalized

                 Veterans Week" in the State of New York.

                            ACTING PRESIDENT WRIGHT:    The

                 question is on the resolution.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 I would just like the -- all the Senators to

                 know that that's open for sponsorship.  So if

                 they want to sign on the resolution, they

                 can -- whoever doesn't, they can let us know.

                 Otherwise, we'll put everybody on that

                 resolution.

                            Thank you.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos, for your information.

                            SENATOR SKELOS:    Mr. President,

                 with the consent of Senator Paterson and the

                 Minority, put everybody on the resolution.  If







                                                        713



                 they do not wish to sponsor the resolution,

                 they should notify the desk.

                            SENATOR PATERSON:    Consented.

                            ACTING PRESIDENT WRIGHT:    With

                 the consent of Senator Skelos and Senator

                 Paterson, so ordered.

                            The question is on the resolution.

                 All in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could take up the noncontroversial

                 calendar.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read the noncontroversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 42, by Senator Alesi, Senate Print 3484, an

                 act to amend the Economic Development Law, in

                 relation to directing a rural agribusiness







                                                        714



                 study.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 59, by Senator Skelos, Senate Print 4887, an

                 act to amend the Domestic Relations Law, in

                 relation to notification of adoptive parents.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.







                                                        715



                            THE SECRETARY:    Calendar Number

                 111, by Senator Kuhl, Senate Print 1725A, an

                 act to amend the Agriculture and Markets Law,

                 in relation to duties of the Commissioner of

                 Agriculture and Markets.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 114, by Senator Hoffmann, Senate Print 6175A,

                 an act to amend the Agriculture and Markets

                 Law, in relation to making technical

                 corrections thereto.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the same date as

                 Chapter 251 of the Laws of 1999.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number







                                                        716



                 140, by Senator LaValle, Senate Print 27, an

                 act to amend the Education Law, in relation to

                 the membership of professional licensing

                 boards.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 142, by Senator Rath, Senate Print 1293, an

                 act to amend the Education Law, in relation to

                 requirements for written prescriptions.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.







                                                        717



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 192, by Senator Saland, Senate Print 6220, an

                 act to amend the General Municipal Law, in

                 relation to establishing the Town of Fishkill

                 Industrial Development Agency.

                            ACTING PRESIDENT WRIGHT:    There's

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 205, by Senator Libous, Senate Print 4658, an

                 act to amend the Mental Hygiene Law, in

                 relation to the appointment of directors of

                 community services.







                                                        718



                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 209, by Senator Velella, Senate Print 1734A,

                 an act to amend the General City Law and the

                 Penal Law, in relation to creating the crimes

                 of urinating or defecating in public.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is laid aside.







                                                        719



                            Senator Skelos, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR SKELOS:    Please recognize

                 Senator Stachowski.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Stachowski, why do you rise?

                            SENATOR STACHOWSKI:    Mr.

                 President, can I have unanimous consent to be

                 recorded in the negative on Calendar 192.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, so ordered.

                            SENATOR STACHOWSKI:    Thank you.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to the Resolution Calendar

                 and take up Resolution 3041, by Senator Kuhl,

                 have it read in its entirety, and move for its

                 immediate adoption.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 111, by Senator Kuhl, Senate Print -

                            SENATOR SKELOS:    Mr. President,

                 if I could just interrupt for one minute,







                                                        720



                 there will be an immediate meeting of the

                 Labor Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT WRIGHT:    There

                 will be an immediate meeting of the Labor

                 Committee in the Majority Conference Room.

                            We are now on Senator Kuhl's

                 resolution, Number 3041 on the calendar today.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Kuhl,

                 Legislative Resolution Number 3041, commending

                 the New York Association for

                 Continuing/Community Education and the 1999

                 Students of the Year.

                            "WHEREAS, The Legislature of the

                 State of New York is pleased to welcome

                 distinguished members of the New York

                 Association for Continuing/Community Education

                 and the 1999 Students of the Year, honored for

                 their outstanding work as adult learners; and

                            "WHEREAS, Michelle Carbone, Zeida

                 Diaz, Katie Dick, Thai Vo Dinh, Patricia

                 Gandia, Morris Roger Green, Russell Johnson,

                 Cheryl McCann, John Neilon-Jock, Lindita

                 Nezaj, Elaine Perry, Julie Sanon, Jose Veliz,







                                                        721



                 Mingh Vo, and Victoria Watkins, all honored

                 recipients of the Student of the Year Award,

                 have been selected to receive this esteemed

                 distinction because of their demonstrated

                 outstanding perseverance and dedication; and

                            "WHEREAS, The 1999 Students of the

                 Year worked hard and overcame a myriad of

                 challenges and, in doing so, developed within

                 themselves a strong sense of independence,

                 self-reliance and self-sufficiency which can

                 never be taken away.  The 1999 Students of the

                 Year have confirmed, through their earnest

                 commitment and will to succeed, that they

                 should be looked upon as positive role models,

                 not only to other adult learners but to their

                 community as well.  The Legislature of the

                 State of New York also pays tribute to the

                 teachers, coordinators, administrators, and

                 trainers of these students for their selfless

                 dedication to the students and whose work has

                 brought hope into the lives of many, an

                 accomplishment that cannot be measured; and

                            "WHEREAS, The Legislature of the

                 State of New York also honors the Board

                 Members for their guidance of the New York







                                                        722



                 State Association for Continuing/Community

                 Education and for their continued dedication

                 to education in New York, and honors as well

                 all the individuals on the Awards Day

                 Committee who worked diligently in order to

                 ensure that these students receive the

                 recognition they deserve; now, therefore, be

                 it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to commend the

                 New York Association for Continuing/Community

                 Education and the 1999 Students of the Year

                 for their tenacity and remarkable

                 accomplishments; and be it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to each of the 1999 Students of the Year and

                 to Board President Mark Cass."

                            ACTING PRESIDENT WRIGHT:    Senator

                 Kuhl, on the resolution.

                            SENATOR KUHL:    Yes, thank you,

                 Mr. President.  It's my pleasure to rise today

                 to speak on the resolution.

                            As the chairperson of the Senate

                 Education Committee, certainly there is a lot







                                                        723



                 going on in education in our world in New York

                 today.  And last year this house adopted a

                 bill which would have extended the compulsory

                 education age from 16 to 17.  Unfortunately,

                 the Governor thought that there were some

                 loopholes in that bill and chose to veto it.

                 But that bill was intended for one specific

                 purpose, and that was to continue the

                 education of young people during a very

                 impressionable time in their lives.

                            Today what we have, the recognition

                 before us is the resolution which honors the

                 New York State Association for Continuing and

                 Community Education.  It's an association that

                 takes charge, if you will, over a group of

                 people who have for one reason or another left

                 the traditional public high school setting and

                 been moved into the private sector without the

                 benefit of having a high school diploma.

                            These people have suffered through

                 the -- let's say the nondiagnosis of special

                 types of disabilities which has made their

                 traditional education impossible, but yet

                 they've had the oversight of this association

                 to take charge of their furthering their







                                                        724



                 education and have worked with these young

                 people and have actually accomplished what at

                 times would seem to be insurmountable kinds of

                 conditions.

                            So we're here today recognizing not

                 only the association but what is deemed to be

                 the 1999 high-honor students of that

                 association.  These are people who have really

                 done the impossible, and they have continued

                 their education despite unbelievable obstacles

                 to the point that they have never been in a

                 traditional setting to be recognized.

                            And yet what we are doing here

                 today is recognizing them and their teachers

                 and the association for moving them ahead and

                 moving them to a position where they will be

                 self-sufficient and actually very, very

                 outstanding citizens in our society.

                            So speaking to the resolution,

                 there is this group of outstanding students

                 for the year of 1999 who are with us in the

                 gallery, and at the conclusion of the

                 resolution I would hope that you would

                 acknowledge their presence.

                            I also know, Mr. President, that







                                                        725



                 there are a number of members who have

                 constituents of theirs who are participants in

                 this group who would like to be recognized and

                 also have an opportunity to speak on the

                 resolution.

                            So I'm here today as the Senate

                 Education Committee chairman saying there are

                 a number of different methods for people

                 getting their complete education in our

                 society today.  These people are a very small

                 part of a small group, but yet they probably

                 expend more energy in accomplishing what other

                 people have done in traditional ways because

                 of obstacles that have been placed in their

                 ways.

                            And so their effort and their

                 diligence, their perseverance in accomplishing

                 what at times has, I know, seemed to be the

                 impossible should be honored here today and is

                 being honored here today.

                            And I thank you, Mr. President, for

                 the opportunity to speak to this resolution.

                            ACTING PRESIDENT WRIGHT:    Thank

                 you, Senator Kuhl.

                            Are there other members of the







                                                        726



                 Senate wishing to speak on the resolution?

                            The question is on the resolution.

                 All in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 resolution is adopted.

                            On behalf of Senate Majority Leader

                 Joseph Bruno, my colleagues here in the

                 Senate, we want to welcome you to our chambers

                 today.  We would ask that the 1999 Students of

                 the Year please rise and accept the

                 congratulations of the members of the New York

                 State Senate for a job well done.

                            (Applause.)

                            ACTING PRESIDENT WRIGHT:    You can

                 be genuinely proud of your accomplishments,

                 and we are genuinely proud of them also.

                            Thank you for joining us today in

                 the Capitol.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 please recognize Senator Volker.







                                                        727



                            ACTING PRESIDENT WRIGHT:    Senator

                 Volker.

                            SENATOR VOLKER:    Mr. President,

                 one of the Senate resolutions today,

                 Resolution Number 3068, is a resolution

                 mourning the death of Judge Dolores Denman,

                 who was a classmate of mine in law school and

                 a personal friend.

                            Dolores Denman was the first woman

                 to serve as a presiding justice of an

                 appellate division, and unfortunately died

                 just recently.

                            What I would like to do, Senator

                 Lack and I have -- are doing this resolution.

                 We'd like to open it up to all the members of

                 the Senate, unless they have an objection, to

                 be on the resolution.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 with the consent of Senator Paterson,

                 everybody will be put on the resolution.

                            If you do not wish to sponsor it,

                 please notify the desk.

                            ACTING PRESIDENT WRIGHT:    3068.







                                                        728



                 So ordered.  All members will be reflected on

                 the resolution unless they object.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Environmental Conservation Committee in the

                 Majority Conference Room.

                            ACTING PRESIDENT WRIGHT:    There

                 will be an immediate meeting of the

                 Environmental Conservation Committee in the

                 Majority Conference Room.

                            SENATOR SKELOS:    Mr. President,

                 if we could take up the controversial

                 calendar, please.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 111, by Senator Kuhl, Senate Print 1725A, an

                 act to amend the Agriculture and Markets Law,

                 in relation to the duties of the Commissioner

                 of Agriculture and Markets.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could have the last section read, for







                                                        729



                 the purposes of Senator Oppenheimer voting.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            SENATOR OPPENHEIMER:    No.

                            ACTING PRESIDENT WRIGHT:

                 Senator Oppenheimer will be recorded in the

                 negative.

                            SENATOR SKELOS:    Please withdraw

                 the roll call.

                            ACTING PRESIDENT WRIGHT:    The

                 roll will be withdrawn.

                            We're on the bill.  Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Dollinger, why do you rise?

                            SENATOR DOLLINGER:    Just to be

                 recorded in the negative on Calendar 111.

                            ACTING PRESIDENT WRIGHT:    All







                                                        730



                 right, we will call the roll.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT WRIGHT:    Excuse

                 me, I apologize.  Senator Skelos.

                            SENATOR SKELOS:    If the bill is

                 going to be debated, then we're going to have

                 the debate.  If there's no debate on the bill,

                 then we can just vote and move on.

                            Okay, please have the roll call

                 called at this time.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT WRIGHT:

                 Results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 111 are

                 Senators Breslin, Connor, Dollinger, LaValle,

                 Onorato, Oppenheimer, Paterson, Schneiderman,

                 and Stavisky.  Ayes, 41.  Nays, 9.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            Continue with the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number







                                                        731



                 209, by Senator Velella, Senate Print 1734A,

                 an act to amend the General City Law and the

                 Penal Law, in relation to creating the crimes

                 of urinating or defecating in public.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Paterson, why do you rise?

                            SENATOR PATERSON:    Mr. President,

                 I rise with a degree of trepidation.  I read

                 the transcript from last year's debate where

                 Senator Velella said, and I quote, that there

                 are some in this chamber who chose to vote

                 against this bill.  As a matter of fact, 13

                 members from the other side of the aisle voted

                 against this bill.  And he then reminded the

                 congregation that three of those 13 members

                 did not return after the 1998 session.

                            So I will say that I am impacted a

                 little bit by that, and I'm not going to

                 debate Senator Velella, and I'm not even going

                 to ask him for an explanation.  As a matter of

                 fact, I'm going to give the explanation for

                 him.

                            It's quite clear why we would have

                 a bill like that.  Public urinating and public

                 defecation are a vile and vicious malady that







                                                        732



                 pervade our society.  Moreover, it is very

                 difficult, particularly for children, to

                 actually watch that kind of thing or see the

                 results of it in public.  And it could

                 certainly be said that it is a detriment to

                 the quality of life in our city.

                            It's more than just a detriment to

                 the quality of life in our city.  I think we

                 on the other side of the aisle would concede

                 that in many ways it is a detriment and

                 retentive and also not exactly an

                 encouragement to business in our commercial

                 zones.  And it's a fact that the public does

                 not like to see different forms of behavior

                 that make coming into the city much more

                 difficult.

                            So we understand what -- the nature

                 of the concern that Senator Velella has and

                 what he's trying to address in this bill.

                            However, it is my opinion that we

                 shouldn't support the bill.  We shouldn't

                 support the bill because this is really

                 addressing the smaller issue of a bigger

                 issue.  The bigger issue is the widespread

                 homelessness:  25,000 homeless people right in







                                                        733



                 New York City, one-half of the homeless

                 population under age 5.

                            A staggering statistic, and I think

                 something that needs to be addressed by our

                 programs as much as our criminal justice

                 system.  We already have criminal laws on the

                 books that address public lewdness.  What we

                 need are those programs that will address

                 public homelessness, which we have.

                            Also, this bill opens the door to a

                 kind of innate discrimination.  It talks about

                 the types of individuals who you can tell just

                 by physical observation could be a potential

                 problem for police officers or the public.

                 Who are those people?

                            This would open the door for

                 different townships and cities around the

                 state to designate their own areas of

                 commercial nature really selectively, just to

                 get undesirable people off the street for

                 reasons of appearance or color or profiling.

                 This is what, in the most recent situations

                 that we can document, we're actually trying to

                 stop.

                            So while we all join in wanting to







                                                        734



                 curb and put an end to what is public

                 lewdness, we don't suggest that this is the

                 way -- to such an extent that even in spite of

                 Senator Velella's admonitions last year,

                 Senators Breslin, Connor, Dollinger,

                 Montgomery, Seabrook, Smith, Schneiderman, and

                 one other -- oh, myself -- voted against this

                 bill last year.

                            Thank you, Mr. President.

                            ACTING PRESIDENT WRIGHT:    Thank

                 you, Senator Paterson.

                            Senator Velella.

                            SENATOR VELELLA:    Mr. President,

                 I'd just point out that in spite of the fact

                 that those distinguished Senators that were

                 called off by Senator Paterson voted against

                 the bill, everybody else in the chamber voted

                 for it.

                            ACTING PRESIDENT WRIGHT:    Thank

                 you, Senator Velella.

                            Read the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT WRIGHT:    Call







                                                        735



                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT WRIGHT:

                 Results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 209 are

                 Senators Breslin, Connor, Paterson, Santiago,

                 Smith, and Stavisky.  Ayes, 45.  Nays, 6.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Also Senator

                 Schneiderman.

                            ACTING PRESIDENT WRIGHT:    The

                 bill remains passed.

                            Senator Leibell.

                            SENATOR LEIBELL:    Mr. President,

                 I'd like to ask for unanimous consent to be

                 recorded in the negative on Calendar 111,

                 Senate 1725A.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, so ordered.

                            SENATOR GOODMAN:    Mr. President.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Goodman.

                            SENATOR GOODMAN:    Ditto.







                                                        736



                            ACTING PRESIDENT WRIGHT:    Without

                 objection, so ordered.

                            Senator Skelos, that completes the

                 reading of the calendar.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to reports of standing

                 committees and have them read at this time.

                            ACTING PRESIDENT WRIGHT:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Padavan,

                 from the Committee on Cities, reports:

                            Senate Print 3242A, by Senator

                 Kuhl, an act to amend the General Municipal

                 Law;

                            And 4328A, by Senator McGee, an act

                 to amend the General City Law and others.

                            Both bills ordered direct to third

                 reading.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, bills reported directly to third

                 reading.

                            The Secretary will read.

                            THE SECRETARY:    Also, Senator

                 Marcellino, from the Committee on







                                                        737



                 Environmental Conservation, reports:

                            Senate Print 4157, by Senator

                 Marcellino, an act to amend the Environmental

                 Conservation Law;

                            6357, by Senator Stafford, an act

                 to amend the Environmental Conservation Law;

                            And 6483, by Senator Marcellino, an

                 act to amend the Environmental Conservation

                 Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, bills reported directly to third

                 reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT WRIGHT:    There

                 is not.

                            SENATOR SKELOS:    Mr. President, I

                 believe we are still waiting for the Labor

                 Committee.  Most of the business, I guess, is

                 done, other than accepting the report of the

                 Labor Committee.  I'm more than happy to sit

                 and wait if other members wish to go on their







                                                        738



                 way.

                            ACTING PRESIDENT WRIGHT:    I will

                 join you in that task, Senator Skelos, thank

                 you.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    I appreciate

                 your waiting.  And if we could have the Labor

                 Committee report read at this time.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Spano,

                 from the Committee on Labor, reports:

                            Senate Print 1453A, by Senator

                 Spano, an act to amend the Labor Law;

                            4932A, by Senator Spano, an act to

                 amend the Labor Law;

                            5065, by Senator Balboni, an act to

                 amend the Labor Law;

                            6433, by Senator Spano, an act to

                 amend the Labor Law;

                            And 6434, by Senator Spano, an act

                 to amend the Workers' Compensation Law.

                            All bills ordered direct to third







                                                        739



                 reading.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, the bills are reported to third

                 reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there being no further business to come before

                 the Senate, I move we adjourn until Monday,

                 February 28, at 3:00 p.m., intervening days

                 being legislative days.

                            And we wish all members a wonderful

                 break.

                            ACTING PRESIDENT WRIGHT:    On

                 motion, the Senate stands adjourned until

                 Monday, February 28, at 3:00 p.m., intervening

                 days being legislative days.

                            (Whereupon, at 11:36 a.m., the

                 Senate adjourned.)