Regular Session - March 22, 2000
1557
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 22, 2000
11:05 a.m.
REGULAR SESSION
SENATOR NANCY LARRAINE HOFFMANN, Acting
President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT HOFFMANN: The
Senate will come to order.
I ask everyone present to please
rise and repeat the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT HOFFMANN: In
the absence of visiting clergy, I ask everyone
to stand for a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT HOFFMANN:
Reading of the Journal.
THE SECRETARY: In Senate,
Tuesday, March 21st, the Senate met pursuant
to adjournment. The Journal of Monday,
March 20th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT HOFFMANN: The
Journal stands approved as read.
Senator Skelos.
May we have the presentation of
petitions.
SENATOR SKELOS: Madam President,
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would you please recognize Senator Dollinger
for a high-tech presentation.
ACTING PRESIDENT HOFFMANN: The
chair recognizes Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
I'd like to thank the Deputy
Majority Leader for the time today to just
briefly present to the Senate what I think is
the wave of the future in both technology and
in democracy.
This is a disk that has about 700
names on it which reflect a petition that was
put out by the Democratic Conference to repeal
the marriage tax penalty as part of our budget
negotiations. I know that in discussions with
this house, we haven't gotten there yet in the
Senate resolution. I know it was in the
Assembly resolution. I know that there are
many supporters of repealing the marriage tax
penalty on the other side of the aisle.
But this disk and the 4,500 other
signatures that are on paper I think represent
the future of people's participation in their
democracy. These signatures were all logged
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in through home computers. We were able to
get their names. They're on the disk. It's a
support for an idea that I think the time has
come.
But I also think it's part of the
wave of the future, that more and more people
are going to use these electronic tools to get
their grievances before the government. Which
quite frankly is what the whole notion of
petitioning the government for redress was all
about. It's enshrined in the Constitution;
it's part of our democracy.
I think this is a historic day. My
hope is that everyone on both sides of the
aisle will use this process in the future to
get the message that the people can
participate in their government.
With that, Madam President, I'll
present the petitions and the diskette.
ACTING PRESIDENT HOFFMANN: The
chair acknowledges that Senator Dollinger is
filing a high-tech petition with the desk. It
will be filed with the Journal.
SENATOR DOLLINGER: Thank you,
Madam President.
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ACTING PRESIDENT HOFFMANN:
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Libous,
from the Committee on Mental Health and
Developmental Disabilities, reports:
Senate Print 3312B, by Senator
Libous, an act to amend Chapter 649 of the
Laws of 1996;
3531, by Senator Libous, an act to
amend the Mental Hygiene Law;
4913, by Senator Libous, an act to
amend the Mental Hygiene Law;
6919, by Senator Libous, an act to
amend the Mental Hygiene Law;
6920, by Senator Libous, an act to
amend the Mental Hygiene Law;
And 6954, by Senator Libous, an act
to amend Chapter 723 of the Laws of 1989.
All bills ordered direct to third
reading.
ACTING PRESIDENT HOFFMANN:
Without objection, all bills reported directly
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to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
The chair recognizes Senator
Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Alesi, on page
23 I offer the following amendments to
Calendar 390, Senate Print 6232, and I ask
that that bill retain its place on the Third
Reading Calendar.
Also on behalf of Senator Alesi,
Madam President, on page 26 I offer the
following amendments to Calendar 427, Senate
Print 84A, and I ask that that bill retain its
place.
ACTING PRESIDENT HOFFMANN: The
amendments are received and will retain their
place on third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privilege resolution, 3478, at the
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desk by Senator LaValle. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT HOFFMANN: The
Secretary will read.
THE SECRETARY: By Senator
LaValle, Legislative Resolution Number 3478,
paying tribute to the Center Moriches Little
League upon the occasion of dedicating their
2000 season to James P. Rodgers at a ceremony
on March 25, 2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Yes.
SENATOR SKELOS: If we could take
up the noncontroversial calendar, please.
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ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
93, by Senator Johnson, Senate Print 812, an
act to amend the Real Property Tax Law, in
relation to providing an exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
94, by Senator Farley, Senate Print 1836, an
act to amend the Education Law, in relation to
authorizing the State University trustees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
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April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Just quickly to
explain my vote.
This is a unique piece of
legislation that you seldom see. It's
sponsored by almost every single member of the
Senate on both sides of the aisle. It's a
piece of legislation that is very significant.
It allows senior citizens to take courses at
the State University for credit on a nine-hour
limit, and one that we hope to see signed into
law this year.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
95, by Senator Trunzo, Senate Print 3276, an
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act to amend the Real Property Tax Law, in
relation to income eligibility.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
121, by Senator McGee, Senate Print 4577B, an
act to amend the Election Law, in relation to
the declination of designations.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
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is passed.
THE SECRETARY: Calendar Number
130, by Member of the Assembly Pheffer,
Assembly Senate Print Number 5912A, an act to
amend the General Business Law and the Vehicle
and Traffic Law, in relation to reflective
gear.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect one year after it shall
have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
131, by Senator Maziarz, Senate Print 5947B,
an act to amend the General Business Law and
others, in relation to enacting the
Telemarketing and Consumer Fraud and Abuse
Prevention Act.
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ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect September 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Maziarz, to explain his vote.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I just want to thank all of my
colleagues for supporting this legislation
here today. The FBI estimates that annually
$40 billion a year -- that's 40 billion, with
a B -- is cheated out of consumers by
fraudulent telemarketers. This particular
legislation we think will enact the necessary
consumer safeguards that will help those
consumers.
But most particularly, more than
75 percent of the consumers that are cheated
are elderly New Yorkers, senior citizens who
are targeted by fraudulent telemarketers.
And this piece of legislation is
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somewhat unique this year, in that there is a
"same as" bill in the Assembly. It's
sponsored by my colleague, the chairperson of
the Assembly Aging Committee, Assemblywoman
Barbara Clark. This legislation we hope will
be enacted into law.
And I would be remiss if I did not
thank the AARP, American Association of
Retired Persons, for their diligent work in
getting this legislation here on the Senate
floor today, voted upon positively by all of
us, and their advocacy throughout the year for
telemarketing fraud.
And I just want to recognize a
couple of very special people: Ora Lee
Degato, from the City of Buffalo, whose late
husband was the coordinator for the AARP in
the city of Buffalo; and also a good friend,
Leonard Sikora, who is the regional
coordinator for the AARP in Western New York,
a constituent of Senator Rath's.
And the other individuals from the
AARP that are here today in this chamber and
will be here today at a luncheon. Thank you
for your advocacy and thank you for bringing
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the concerns of elderly New Yorkers before the
Senate and the Assembly.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, to explain her vote.
SENATOR RATH: Thank you, Mr.
President.
I'd like to congratulate, first of
all, Senator Maziarz on moving this piece of
legislation forward, with the help of the
AARP, who have been a wonderful partner in
keeping us, through Senator Maziarz's
Committee on the Aging, keeping us advised and
current on the kinds of issues that are facing
us in regards to a safety that we hadn't, I
think, anticipated years ago.
And the safety of, first of all,
your privacy on the Internet, which is another
whole series of pieces of legislation that I
know that you will be aware of and advise us.
And this whole brave new world that
we're looking at as accessibility to
information and accessibility to avenues of
interaction, if you will, on the Worldwide
Web. It's a wonderful place for seniors to go
1571
and to be and to do things, but there have to
be protections on that highway just like there
are protections on other highways.
This piece of legislation certainly
speaks to the fraud and prevention of
telemarketers, which is maybe a little
different church, but the same pew. And we
appreciate your help and support and look
forward to working with you on the other bills
which will allow more opportunity -- but
again, we need to protect privacy and safety.
And so thank you for being here and
for your help.
ACTING PRESIDENT MEIER: Senator
Schneiderman, to explain his vote.
SENATOR SCHNEIDERMAN: Thank you.
I just want to commend Senator
Maziarz for patrolling the airwaves of New
York State. This is a great bipartisan bill.
It has support in the Assembly; it has support
from the Democrats in the Senate.
It is time for us to take this
action, because the telemarketers are really
like vultures or buzzards or these other evil
birds that flock in our skies. And I'm glad
1572
for Senator Maziarz to agree with me on trying
to put one bad bird out of circulation in this
state, and I hope we can collaborate in the
future on others.
ACTING PRESIDENT MEIER: Senator
Stachowski -- oh, I'm sorry, Senator
Schneiderman will be recorded in the
affirmative.
Senator Stachowski, to explain his
vote.
SENATOR STACHOWSKI: I too would
like to explain my vote by saying that the
telemarketers offers a great convenience for
people. However, as is often the case with
seniors, they fall victim to fast-talking, not
so genuous people that take advantage of them
in many cases.
And I think this bill is necessary
to try to prevent that and to prevent our
seniors from losing some of their hard-earned
money they've put away when they get offered a
deal that sounds so good and they don't really
know the difference. And hopefully this bill
will do something to protect them from that
kind of problem.
1573
I vote yes.
ACTING PRESIDENT MEIER: Senator
Stachowski will be recorded in the
affirmative.
Senator DeFrancisco, to explain his
vote.
SENATOR DeFRANCISCO: I rise not
only in support of the merits of the bill, but
I had a group of seniors from my district
lobbying for this bill today, and I told them
I was certain that it would pass this session.
And I wanted to thank Senator
Maziarz for his quick action so that I'm not
proven to be a liar on this issue. So thank
you, Senator Maziarz.
I vote yes.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the
affirmative.
Senator Dollinger, to explain his
vote.
SENATOR DOLLINGER: Thank you,
Mr. President.
I also commend Senator Maziarz for
this bill.
1574
I'm somewhat troubled, I have to
admit, by my colleague from -- the ranking
member of the Environmental Conservation
Committee, who said all these evil things that
fly in the skies and described birds. I'd
just suggest, Senator Marcellino, talk to
Senator Schneiderman. Those are birds. You
know, nature's things. I'm surprised by his
comment.
But let me just explain my vote on
the bill. I think this bill is a good step
forward. I would add one thing, and I hope we
do it, again. And I would just encourage
Senator Maziarz, look at the issue of
jurisdiction in New York State, the
jurisdiction of New York courts over these
telemarketers.
Because what has happened to me in
my practice is when frauds have occurred and
seniors come to me -- or others, quite
frankly, come to me and complain about
telemarketing fraud, I explain to them that
it's very difficult to prove the facts of the
fraud. But what's worse is that it's very
difficult, under our jurisdictional principles
1575
and our civil practice law and rules, to get
jurisdiction over a telemarketer out of state.
I would just urge you, as a
completion of this process, broaden the scope
of jurisdiction in New York so that we can get
jurisdiction. Sue these telemarketers in the
victim's hometown, force the telemarketer to
come to New York and defend itself. Because
then we'll have a remedy that is more
effective and I think will be more widely
utilized. Broaden the jurisdiction in New
York to go that far.
I'm going to vote in favor of the
bill, Mr. President. This is a good
initiative. I think and I hope Senator
Maziarz and the rest of the conference will
look forward to expanding it even further and
making it more effective.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
Senator Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President.
I too will vote in favor of this
worthy bill. It's a timely bill, it's about
1576
time that it was passed. And it is to Senator
Maziarz's credit that he is able to move this
piece of legislation with the kind of
bipartisan support that he has developed in
both houses.
I also, as chair of EnCon, would
like to rise and second Senator Dollinger's
point about our colleague on the EnCon
Committee, Senator Schneiderman. Perhaps,
living in the canyons of Manhattan, they're
not used to seeing birds or any other wildlife
that lives and dwells, while we in the suburbs
and the rural areas of this state understand
what birds do. And birds are not evil. There
are no evil birds, Senator, there are only
evil people.
I vote aye, Senator.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
affirmative.
Any other Senator wish to explain
his vote?
The Secretary will announce the
results.
1577
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
283, by Senator McGee, Senate Print 4328A, an
act to amend the General City Law, the Town
Law, and the Village Law in relation, to
establishment of planned unit development.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
324, by Senator Marchi, Senate Print 4624, an
act to amend the Public Authorities Law, in
relation to the special powers of the New York
State Environmental Facilities Corporation.
ACTING PRESIDENT MEIER: Read the
1578
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
403, by Senator Skelos, Senate Print 1022, an
act to amend the Civil Practice Law and Rules,
in relation to causes of action.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
October.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: A little
order in the chamber, please.
The Secretary will continue to
1579
read.
THE SECRETARY: Calendar Number
428, by Senator Goodman, Senate Print 1103, an
act to amend the Transportation Law, in
relation to disclosure by common carriers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
429, by Senator Marchi, Senate Print 1180, an
act to amend the Public Authorities Law, in
relation to directing the Triborough Bridge
and Tunnel Authority.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
1580
Senator Skelos, that concludes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Can we take up
the controversial calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
429, by Senator Marchi, Senate Print 1180, an
act to amend the Public Authorities Law, in
relation to directing the Triborough Bridge
and Tunnel Authority.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Marchi, an explanation has been requested of
Calendar 429 by Senator Paterson.
SENATOR MARCHI: Mr. President,
we had a burgeoning problem before 1984, I
believe, with the two-way collection of the
toll. And it generated impossible
circumstances for those who -- well, I guess
half the population that have jobs either in
Kings or over in Manhattan. And it made it
very difficult and time-consuming to get to
work.
1581
Congress granted a temporary
reprieve, to have a one-way toll which is
payable upon return. And it's not applicable
to heavy vehicles. But that resolved the
problem pretty much, because going to work,
people were able to get to work very quickly.
And we've been attempting to make
this law to give the people of Staten Island
assurances. They are troubled by the fact
that other areas seem to feel that this
compounds the problem of smog and whatnot.
With us, it's a matter of life or death,
really. It's virtually impossible and imposes
tremendous burdens on people who use their
motor vehicle to go to work and going over
during the crowded morning hours.
And having it effective on the two
way -- on a two-way basis, it certainly has
made it livable and viable for the people of
Staten Island.
I know that there is opposition.
And I respect dissent, but sometimes it proves
the point.
ACTING PRESIDENT MEIER: Senator
Paterson.
1582
SENATOR PATERSON: Mr. President,
if I'm correct, there has not been a study on
what the environmental impact would be of
making this temporary law permanent since
1993. And of course 1993 was a time before we
had implemented EZ-Pass in any real volume
around the city.
My question, if Senator Marchi
would yield -
ACTING PRESIDENT MEIER: Senator
Marchi, do you yield for a question?
SENATOR MARCHI: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: My question
would be, would you not think it more prudent
to have this kind of study to know that the
changes that we have made have not actually
failed to fulfill the desire that we had to
decrease pollution and traffic tie-ups; that,
in fact, it may have increased that, and
particularly with the traffic coming from
lower Manhattan? So would we not want to have
another study before we made this law
permanent?
1583
SENATOR MARCHI: Well, in the
experience of so many people on Staten Island,
the events that took place and attended a
two-way toll were not a problem on the return
trip. But they were very manifest and
resulted in extraordinary delays. The EZ-Pass
has not resolved this.
If there are better studies that
would indicate that perhaps another answer
might be given, I certainly would not be
averse to it. Given the experience we have
had -
ACTING PRESIDENT MEIER: Senator
Marchi, excuse me. Excuse me, Senator.
Could we have some quiet in the
chamber? There's a bill being debated. The
stenographer can't hear and, frankly, I can't
hear.
Senator Marchi.
SENATOR MARCHI: Thank you, Mr.
President.
The experience we've had, sir, is
that it is just impossible. You have to -
and in times of inclement weather -- you can
go at an orderly pace going across the bridge
1584
going from Staten Island to Brooklyn and then
into the city. But in inclement weather,
where it's slowed down considerably, if you
add to that the huge mass of traffic that in
density and in sheer volume dwarfs anything
that takes place on the return trip -- for the
simple reason is that the return trip comes at
diverse times and is spread out over a longer
period.
So that we simply cannot -- well,
so far nobody has -- the Damoclean sword
hasn't fallen on us yet, but it could.
There's no law that prevents it. And this is
a source of anxiety in my constituency.
If you have evidence that perhaps
we might have a different experience now -
there is nothing -- even now, there's
considerable delay given the constant
incrementation of traffic for -- in all
directions. And given our experience, I
couldn't abide by it.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Marchi would yield for one last
1585
question.
ACTING PRESIDENT MEIER: Senator
Marchi, do you continue to yield?
SENATOR MARCHI: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: I know that
the Senator has worked very hard on this issue
for a number of years. And it is much closer
to his district. And I don't have the
experience, I don't live there, and I don't
have a study to give the information. And I
certainly would rely on the Senator's judgment
on this, as I rely on, in most things, Senator
Marchi's judgment.
But I've been told that the traffic
to lower Manhattan and to Brooklyn has
increased dramatically because a lot of the
truckers, with the one-way toll in place, are
avoiding the one-way toll going through the
Holland Tunnel, and in a sense creating an
imbalance of traffic condition in those
particular areas.
And that was why, having no real
idea how I can gauge how difficult it actually
1586
is, I can't stand here and say unequivocally
that it is or is not a problem. But it
certainly is such a problem that is described
to me by the legislators that represent those
areas. I was wondering if Senator Marchi had
better information than myself.
SENATOR MARCHI: I won't deny the
fact, Senator, that it is a problem.
Nevertheless, the dramatic
proportions of the alternatives are just too
much. There are tens of thousands of people
that use that at one point or within a limited
time frame in the morning. And the -- any
alternative would be deadly for us.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you very
much.
Though I understand that the action
of creating a one-way toll on the Verrazano
Bridge has solved a problem for Staten Island,
1587
it's a classic case of solving a problem one
place and causing a terrible problem in
another place.
It's sad that there hasn't been a
very good study on the impact of the one-way
toll on the Verrazano Bridge. But for me
personally, I don't need a study. It would be
nice to have so I could prove it to my
colleagues who may not be venturing as far
south as Canal Street in New York State.
But you can't miss the horrendous,
dreadful traffic which the one-way toll has
caused. And it's not cars, particularly,
though they are a problem. The biggest
problem is trucks, trucks using diesel fuel.
Traffic does not move, and people cannot
breathe.
And, you know, I care very much
about the people who live near the bridge on
Staten Island. And no one likes the idea of
anyone sitting in traffic. But there can be
no argument but that the air pollution is
really, I believe, constituting an
environmental racism for the residents of
Chinatown. You can barely breathe in
1588
Chinatown in the morning and the evening rush
hours. It's really horrible. It's absolutely
horrible. And it does make it seem as if
those of us who live in the State of New York
do not care about the people who live in
Chinatown.
What I will say about a study, I'm
being only partly facetious that we don't need
one, because you can just look at what's
happened. But what a study would also show us
is that with the advent of EZ-Pass, that we
don't need to have the one-way toll anymore on
the Verrazano Bridge.
And even if the study said that it
would still be helpful to the people of Staten
Island, then we should look at other
solutions, like not having a toll and having
some kind of additional tax or license for
people who use their vehicles. Or to
institute tolls on the East River bridges for
trucks only.
We've got to get the trucks off the
streets of lower Manhattan that are only using
those streets as a pass-through to get to the
mainland. It's just wrong that because of the
1589
one-way toll on the Verrazano Bridge that the
lower Manhattan neighborhood and particularly
Soho and Chinatown are just suffering
terribly.
I know that Senator Marchi knows
these areas well. While he never represented
Chinatown, he did used to represent the loft
districts. And let me tell you, the rates of
asthma among the children who are -- grew up
in that area are now skyrocketing. And it's
really unacceptable.
It's not that I don't feel for the
people who live on Staten Island who have
gotten relief from this. But it's just not
right to make the people of lower Manhattan
suffer and to destroy not just their quality
of life but their health.
So I hope that as we continue to
debate this bill that we can look for other
solutions that will alleviate the suffering of
people who live in lower Manhattan, the loft
dwellers, and the residents of Chinatown. And
also the businesses that are just having a
hard time hanging on there because their
deliveries and pickups are just being choked
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to death by too much traffic. So it's become
an economic burden as well.
Thank you, Mr. President. And I'm
going to be voting no.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Will the
distinguished Senator from Staten Island
yield?
I didn't hear your response to
Senator Paterson's request on the
environmental study. Would you -- we've had
this bill now coming out of committee -- once
it did not -- for the last four or five years,
and it has gone down to defeat. Wouldn't it
be more rational to have an environmental
study, an impact study, which we haven't had
for seven years, before we debate this bill
again in the future?
SENATOR MARCHI: Well, the
question of a study on the impact, we know
precisely what happens when the traffic is
held up for any length of time.
SENATOR LACHMAN: We really
haven't had an environmental study on this,
1591
Senator Marchi, for seven years.
SENATOR MARCHI: No, but -
SENATOR LACHMAN: And things have
changed in that period of time.
SENATOR MARCHI: I believe it was
Senator Hevesi or Senator Stavisky who said
that there are problems throughout the city
and -
SENATOR LACHMAN: I'm sorry, I
don't hear you.
SENATOR MARCHI: -- that it would
require -
ACTING PRESIDENT MEIER: Senator
Lachman, Senator Marchi, excuse me.
Could we have some quiet in the
chamber, please, so we can finish this debate?
Senator Marchi.
SENATOR MARCHI: Getting back to
basics again, even if they gave Staten
Islanders free rides, people who have to get
on the job and have -- need mobility when they
get there -- they may have callings that
require them to be in different places, but
they must -- the confluence is tremendous at
that time. Even giving them a free ride
1592
wouldn't cure the problem.
I believe Senator Stavisky or
Senator Hevesi last year mentioned that we
ought to study the interrelationships, not
only on volume and direction, but cost.
Because there are invidious comparisons that
are being made that are unproductive.
SENATOR LACHMAN: As well as
areas of Brooklyn like Bay Ridge and
Bensonhurst and Flatbush, as well as downtown
Manhattan.
I thank you, Senator Marchi.
SENATOR MARCHI: Yeah, we run
into serious multiple fares if you use
alternative methods.
The big answer would be if there
was better utilization of mass transit. But
sometimes that alternative is not realistic if
you're in -- if you're in a faraway borough
where we don't have real mass transit movers
of any dimension.
SENATOR LACHMAN: Thank you.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
1593
President.
I just want to speak briefly on
behalf of the people in Brooklyn. We've heard
about the problems in Chinatown, and certainly
I empathize with the Staten Island residents
and their concerns about air pollution. But
let me just say that there is no other
worse-impacted area than those communities in
Brooklyn that receive the bulk of that
traffic, particularly the heavy truck traffic
along the crumbling Gowanus Expressway, the
Prospect Expressway, and going into Manhattan,
much of it avoiding that Verrazano-Narrows
Bridge in order to avoid the heavy toll, to go
to the Manhattan exit at Holland Tunnel.
Let me say that not only have we
lost hundreds of millions of dollars because
of that traffic that avoids that toll, but we
have also burdened, overburdened those
communities along that Gowanus Expressway in
particular, with the traffic that results from
it.
So I am certainly opposed to
Senator Marchi's legislation, though I can
understand the intent and the rationale for
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it. It certainly hurts, it harms immeasurably
those communities in Brooklyn. So I must
oppose this on behalf of the constituents that
I represent.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Marcellino, to explain his vote.
SENATOR MARCELLINO: Yes, Mr.
President. Just a point of information that
was brought up asking for a study.
We have a bill from the -- that's
going to be reported out -- has been reported
out of EnCon, on Third Reading Calendar, to
establish a task force to study the impact of
air pollution and air quality around toll
plazas all over the region, especially the
downstate area. So we would be able to garner
the information necessary to assist in the
1595
knowledge of the impact on these plazas.
And I would hope we would get the
support when that bill comes up. Thank you.
I vote aye on the bill.
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
affirmative.
Senator Stachowski, to explain his
vote. No? Oh, I thought you were waving at
me then.
Senator Duane, to explain his vote.
SENATOR DUANE: As I previously
said, I'm voting no.
But I was a little bit troubled by
Senator Marcellino's comment, because the
issue in lower Manhattan isn't with the toll.
It's the impact in another place because of
what happened with the tolls. So if that
could be included in the study, that would be
very helpful.
Thank you.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
The Secretary will announce the
results.
1596
THE SECRETARY: Those recorded in
the negative on Calendar Number 429 are
Senators Connor, Duane, Lachman, Markowitz,
Montgomery, Onorato, Paterson, Schneiderman,
Smith, Stachowski, and Stavisky. Ayes, 46.
Nays, 11.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
if we could turn to motions and resolutions,
there's a privilege resolution, 3479, at the
desk, by Senator Breslin. May we please have
it read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 3479 in its
entirety.
THE SECRETARY: By Senators
Breslin, Volker, and Connor, Legislative
Resolution 3479, paying tribute to John Hume,
for his devotion and outstanding contributions
to the Northern Ireland Peace Agreement.
"WHEREAS, From time to time we take
1597
note of certain extraordinary individuals whom
we wish to recognize for their valued
contribution to the success and progress of
society, and to publicly acknowledge their
endeavors, which have enhanced the basic
humanity among us all; and
"WHEREAS, This Legislative Body is
justly proud to pay tribute to John Hume for
his devotion and outstanding contributions to
the Northern Ireland peace agreement; and
"WHEREAS, A former teacher, John
Hume first came to prominence through the
Irish civil rights movement in the late 1960s,
when Catholics demanded substantial changes to
the way Northern Ireland was run. In 1970, he
helped to found the moderate nationalist
Social Democratic and Labour Party, the
largest nationalist party in Northern Ireland,
later taking over as its leader in 1979,
succeeding Gerry Fitt; and
"WHEREAS, John Hume has been one of
the driving figures behind many of the
significant attempts to resolve the Northern
Ireland problem over the last 30 years. He
had been nominated twice for the Nobel prize
1598
before finally being recognized for his
steadfast efforts with the award in 1998.
"For John Hume, the Nobel Peace
Prize recognized a campaign for reconciliation
in sectarian Northern Ireland that has
dominated his political career. John Hume was
a member of the power-sharing executive set up
after the Sunningdale Agreement in
December 1973, and helped to shape the
Anglo-Irish Agreement of 1985, which for the
first time gave Dublin a limited say in the
affairs of Northern Ireland.
"In 1998, John Hume began a series
of contacts with Sinn Fein leader Gerry Adams,
which were to prove crucial in developing the
current agreement. Further talks became
public in 1993 amid considerable controversy
and hostility; and
"WHEREAS, At approximately the same
time, contact between the U.K. and Irish
governments led to the Downing Street
Declaration, followed by the first IRA
ceasefire in 1994; and
"WHEREAS, John Hume strongly
supported the view that any talks about the
1599
future of Northern Ireland should be as
inclusive as possible, and when an accord was
struck on Good Friday of 1998, the
participants included Sinn Fein as well as
political representatives of Protestant
paramilitaries; and
"WHEREAS, John Hume went on to
campaign vigorously for a yes vote in the
referendum on the agreement, symbolically
shaking hands with his co-Nobel prize winner,
the Ulster Unionist leader David Trimble, in
an effort to swing the Unionist vote.
"John Hume has been one of the most
creative and persistent architects behind the
Northern Ireland political settlement. For
the past 30 years he has been a chief
conceptualizer and a steely presence behind
nationalist demands for equality of treatment
and for a recognition of political aspirations
in Northern Ireland; and
"WHEREAS, In the Republic, John
Hume's status as leader of nationalist opinion
in the North has made him politically
untouchable, he now enjoys near-open access to
the White House in Washington, and his
1600
influence in the European Parliament is
considerable; and
"WHEREAS, John Hume is a towering
example for nationalists of the committed
democrat who has taken risks for peace; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay tribute
to John Hume for his devotion and outstanding
contributions to the peace process underway in
Ireland; and be it further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to John Hume."
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
President.
It is my privilege, along with
Senator Volker and Senator Connor, to sponsor
this resolution, which honors a man who has
done the impossible in Northern Ireland. A
man of peace, a man who uses among his role
models Martin Luther King, who said, "An eye
for an eye leaves people blind."
1601
And he has taken a country that's
had 800 years of violence and brought it to
the brink of peace and prosperity. And with
his Nobel Peace Price as the result of the
First Friday Accord in 1998, it's become the
pinnacle for him but representative of that
peace that he has brought together.
And it is our privilege to have
John Hume and his wife, Pat; the Counsel
General of Ireland, Barry Robinson, here with
us today.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: I just want to
say too to Mr. Hume that we're happy to have
you here.
And as the grandson of an Irish
immigrant whose grandfather came here because
of some disturbances, shall we say, or "The
Trouble," I think we, as part of the American
Irish Legislators Association -- I'm vice
president of that organization -- we're very
happy to have you here. We're happy to have
you not only in this chamber but also in this
1602
state and this country, because you have meant
a great deal to the attempts to provide peace
not only in Ireland but really throughout the
world. Because I think Irish peace has an
impact, in my opinion, on the rest of the
world also.
So thank you for coming here, and
we congratulate you for all your efforts.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Mr. President,
I would invite all of my colleagues, open up
the resolution for participation.
ACTING PRESIDENT MEIER: Senator
Skelos, Senator Breslin has opened the
resolution.
Should we follow our usual custom
with every name being added unless they notify
the desk to the contrary?
SENATOR SKELOS: I couldn't have
said it better myself.
ACTING PRESIDENT MEIER: So be
it.
The question is on the resolution,
then. All those in favor signify by saying
1603
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
Mr. Hume, we offer you the
courtesies of the Senate, and we pass that
resolution with great affection and respect,
sir.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: There is
not, Senator Skelos.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we adjourn until Monday, March 27th, at
3:00 p.m., intervening days being legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, March 27th, at 3:00 p.m., intervening
days being legislative days.
1604
(Whereupon, at 11:50 a.m., the
Senate adjourned.)