Regular Session - March 30, 2000
1890
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 30, 2000
11:03 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
1891
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: 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 MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, March 29th, the Senate met pursuant
to adjournment. The Journal of Tuesday,
March 28th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
1892
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Seward.
SENATOR SEWARD: Mr. President,
on behalf of Senator Marcellino, I wish to
call up his bill, Print Number 6729, recalled
from the Assembly, now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
364, by Senator Marcellino, Senate Print 6729,
an act to amend the Public Health Law.
SENATOR SEWARD: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR SEWARD: Mr. President, I
now offer the following amendments to that
1893
bill.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR SEWARD: Also, Mr.
President, amendments are offered to the
following Third Reading Calendar bills.
By Senator Rath, on page 5,
Calendar Number 37, Senate Print Number 5787A.
By Senator Marcellino, on page 25,
Calendar Number 475, Senate Print Number
5412A.
By Senator Trunzo, on page 25,
Calendar Number 476, Senate Print Number 6868.
And on behalf of Senator Skelos, on
page 33, Calendar Number 558, Senate Print
Number 1015.
And I move that these bills retain
their place on the order of third reading.
ACTING PRESIDENT MEIER: The
amendments are received, and the bills will
retain their place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
1894
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: If we could take
up the noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
103, by Senator Meier, Senate Print 5853A, an
act to amend the Social Services Law and
others, in relation to penalties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43. Excuse
me, ayes -
1895
ACTING PRESIDENT MEIER: Senator
Duane, were you indicating you wished to be
recorded in the negative?
SENATOR DUANE: No.
ACTING PRESIDENT MEIER: No? All
right.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
179, by Senator Rath, Senate Print 6173B, an
act to amend the Criminal Procedure Law and
others, in relation to the Clinic Access and
Anti-Stalking Act of 1999.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
401, by Senator Marcellino, Senate Print 824,
an act to amend the Penal Law, in relation to
criminally negligent homicide.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
1896
January.
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
409, by Senator Trunzo, Senate Print 1778, an
act to amend the Penal Law, in relation to the
unlawful sale of tobacco products to a child.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
412, by Senator Lack, Senate Print 2247, an
act to amend the Penal Law, in relation to
definitions of criminal enterprise.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
1897
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
413, by Senator Balboni, Senate Print 2267, an
act to amend the Penal Law, in relation to
establishing a new crime of unlawfully dealing
with a child in the first degree.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
1898
THE SECRETARY: Calendar Number
430, by Senator Kuhl, Senate Print 3245, an
act to amend the Vehicle and Traffic Law, in
relation to exempting.
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, 47. Nays,
1. Senator Libous recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR MONTGOMERY: Mr.
President.
THE SECRETARY: Ayes, 46. Nays,
2. Senators Libous and Montgomery recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
518, by Senator Maziarz, Senate Print 4959, an
act to amend the Town Law, in relation to
1899
authorizing the use of water rates.
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, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
519, by Senator Seward, Senate Print 5618A, an
act to legalize, validate, ratify and confirm
the dissolution of the Town of Herkimer Fire
Protection District.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
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, 48.
1900
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
522, by Senator LaValle, Senate Print 6407, an
act to amend Chapter 767 of the Laws of 1987
amending the Town Law.
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, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
523, by Senator Larkin, Senate Print 6506A, an
act to amend the General Municipal Law, in
relation to establishing the village.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
1901
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
530, by Senator Spano, Senate Print 7051, an
act to amend the Highway Law, in relation to
the designation of the Don and Tony DeMatteo
Parkway.
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, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
541, by Senator Marcellino, Senate Print
2790E, an act to amend the Penal Law, in
relation to surreptitious video surveillance
1902
without consent.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Marcellino, to explain his vote.
SENATOR MARCELLINO: Yes, thank
you, Mr. President. I rise to explain my vote
on this bill.
Currently, it is not a crime in New
York State to secretly videotape someone in
locations where they otherwise would have
every expectation of being in complete
privacy. In locker rooms, in a hotel room, in
bathrooms, in places where you would normally
expect total privacy, someone might be
videotaping you. And that act in and of
itself would not be a crime. Against -- by
the way, without your permission.
We recently had several incidents
1903
of this sort of occurrence. Several people
were caught -- men were caught in the Museum
of Art in New York City, the Metropolitan
Museum of Art, videotaping up women's skirts
as they were walking up the stairs. These
images would then be transported to the
Internet and sold and displayed on the
Internet.
We had a case in Westchester County
where a karate -- the owner of a karate studio
was caught with a videotape camera in his
locker room, videotaping his students while
they were changing.
Recently a gentleman was caught
while leaving an elementary school, he was
dressed as a woman, went into an elementary
school, secreted a camera in the locker room
and videotaped the children while they were
dressing and undressing.
These acts, heinous as they are,
right now are not a crime in New York State.
These people can take these images and do
anything they wish with them. They can take
them and put them on the Internet, and you
have no recourse for the act of secretively
1904
videotaping them.
This bill will make that a crime.
And we believe it should be a crime, we
believe it must be a crime. And I thank my
colleagues for supporting this measure. And I
thank the leadership for allowing us to bring
this bill to the floor, because this is an
important bill. This is a major loophole to
close in our laws.
And I am proud to have been the
sponsor, and I vote aye, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
affirmative.
I'm sorry. Senator Oppenheimer, to
explain her vote.
SENATOR OPPENHEIMER: I just want
to thank Carl Marcellino also.
He and I both had this idea at the
same time, because of this incident that
happened in Westchester. And the people
involved in the incident were very upset and
came to my office, and we were drafting a bill
at the same time.
So I'm very pleased that this is
1905
going to move now. And I thank you, Carl, for
getting on there and getting it done.
ACTING PRESIDENT MEIER: Senator
Oppenheimer will be recorded in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
555, by Member of the Assembly Tocci, Assembly
Print Number 9565, an act to amend Chapter 266
of the Laws of 1981.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
1906
reading of the noncontroversial calendar.
I'm sorry. Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President.
It's my pleasure to introduce to
this chamber a new member. I know I did it
yesterday. Senator Paterson said, "Gee, if we
can keep doing this every day for the next two
weeks, it could make a difference."
(Laughter.)
SENATOR CONNOR: So maybe next
Monday we'll have someone from the 62nd
District.
But today we have someone from a
real district, the 57th District. Al Coppola
is a lifelong resident of Buffalo and has
represented the Delaware district in the
Buffalo Common Council for 15 years.
He attended P.S. 56, Lafayette High
School, and Canisius College.
Al and his wife, Carol, have three
children: Shane, Courtney, and Kierstin.
They have five grandchildren: Jimmy, Jake,
and Jordan DeCicco, and Alexandra and Zachary
Coppola.
1907
During his tenure as a council
member, Al Coppola has focused his efforts on
results-oriented constituency service, good
government legislation, crime awareness and
prevention, environmental protection, business
development, and neighborhood renewal and
beautification.
As a member of the Common Council,
Al Coppola developed a well-deserved
reputation as the council's watchdog, ensuring
that city residents get their money's worth in
city services and city contracts.
Al will bring, I know, that same
level of commitment and more to the State
Senate and the people of the 57th District.
Mr. President, I'm sure that you
will join me in welcoming -- and, by the way,
I should note for the record, Senator
Coppola's oath was filed yesterday with the
Secretary of the Senate.
I'm sure you will join with me in
welcoming him -- his wife Carol is here, and
his daughter Kierstin and her husband, Jim
DeCicco, and their children, Jimmy, Jake, and
Jordan -- to our chamber.
1908
Senator Coppola, welcome.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
on behalf of Senator Bruno and the Majority
members, we too would like to welcome you to
the Senate. As I said yesterday for Senator
Smith, this is a great institution. We all
love it. And I'm sure you're going to enjoy
being part of it.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I too want to add my welcome and
congratulations to Senator Coppola. Senator
Coppola and I share Niagara County together,
and we also share the city of Niagara Falls,
the most naturally beautiful spot in all of
New York State.
And I extend my welcome to you and
to your wonderful family. Senator Connor said
some very nice things about you, and I'm sure
he meant them sincerely. However, I have to
1909
question the assignment of your seating, next
to Senator Schneiderman. He is going to talk
you to death, I think.
(Laughter.)
SENATOR MAZIARZ: Welcome.
Thank you.
ACTING PRESIDENT MEIER: Senator
Coppola, we certainly welcome you to the
Senate.
We know that you won't pay any
attention to Senator Schneiderman. We take
comfort in that.
(Laughter.)
ACTING PRESIDENT MEIER: And we
certainly welcome and extend the courtesies of
the Senate to your family today.
Good luck with your term of office,
sir.
SENATOR COPPOLA: Thank you very
much.
ACTING PRESIDENT MEIER: Senator
Skelos, we've completed the noncontroversial
calendar.
SENATOR SKELOS: If we could take
up the controversial calendar, please.
1910
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
179, by Senator Rath, Senate Print 6173B, an
act to amend the Criminal Procedure Law and
others, in relation to the Clinic Access and
Anti-Stalking Act of 1999.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, an explanation has been requested of
Calendar 179 by Senator Paterson.
SENATOR RATH: Thank you, Mr.
President.
The bill in front of us today is an
amendment -- a technical correction, if you
will -- to the Clinic Anti-Stalking/Access
Act, clearing up, in some cases, misspelling,
references to the Penal Law where a "serious
injury" -- instead of the term "serious
physical injury" was needed to be in place, it
was called just "serious injury," and that's
not defined in the Penal Law. It's "serious
physical injury." And several other technical
corrections.
1911
ACTING PRESIDENT MEIER: Read the
last section.
Oh, I'm sorry. I'm sorry, Senator
Schneiderman.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: No, that's
okay. I know I'll get the usual high level of
respect I'm used to here.
(Laughter.)
SENATOR SCHNEIDERMAN: Just on
the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I'm going
to vote against this. Because while the Penal
Law does not define the terms at issue, if we
default to the case law, I think the standard
is pretty clear.
I think this will have the effect
of weakening the bill, and therefore I -- with
all due respect to the technical correctors
out there, I'm going to vote against it.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
1912
I actually wasn't gesturing to you. Strange
as it may seem.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect in 30 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 179 are
Senators Breslin, Connor, Duane, Montgomery,
Paterson, Schneiderman, Mr. Smith, and
Stavisky.
Ayes, 48. Nays, 8.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
409, by Senator Trunzo, Senate Print 1778, an
act to amend the Penal Law, in relation to the
unlawful sale of tobacco products to a child.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I have had an explanation provided
1913
by the counsel. And therefore I withdraw -
my questions have been answered. I withdraw
my objection.
ACTING PRESIDENT MEIER: Thank
you, Senator Montgomery.
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, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
controversial calendar.
SENATOR SKELOS: Mr. President,
thank you. And we'll just stand at ease
pending the report of the Finance Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Finance Committee.
(Whereupon, the Senate stood at
ease at 11:23 a.m.)
(Whereupon, the Senate reconvened
1914
at 11:30 a.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the State Board of
Parole, Daniel J. Doyle, of Irondequoit.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
it's a pleasure to yield to Senator Alesi.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you,
Senator, and Mr. President.
I'm very honored today and pleased
1915
to welcome someone who is very well known in
the Monroe County community, Dan Doyle, and
applaud at the same time the Governor's choice
for this Parole Board position.
Dan Doyle, as I said, is well known
in the community, not only as a competent,
dedicated attorney, but one whose broad
background also recognizes his commitment and
his service to the community. He has served
on the Monroe County Conditional Release
Board. He has worked in the district
attorney's office. In private practice, he
has defended civil and criminal cases. He has
been a volunteer in the Volunteer Legal
Services.
Most importantly, when you think of
Dan Doyle as a person, you know that he is, as
I said, not only well rounded, with a broad
background in his chosen profession, but a
committed member of the Monroe County
community.
Taking that dedication, that
experience, and that commitment to the Parole
Board, I am sure we'll find that he will be
one of the best members of that body of people
1916
who are charged with such important decisions.
I'm very pleased and proud, as I
said in the beginning of my speech, to welcome
him, and to acknowledge the Governor's choice,
and also to acknowledge Dan's mother,
Mrs. Doyle, who has joined us here today.
We extend a very warm welcome and
congratulations.
ACTING PRESIDENT MEIER: The
question is on the resolution of Daniel J.
Doyle as a member of the New York -- Senator
Dollinger, I'm sorry. I'm going to have to
get new glasses. I'm having a terrible time
today.
Senator Dollinger.
SENATOR DOLLINGER: That's okay,
Mr. President.
I too want to rise and second my
colleague from Monroe County in support of the
nomination of Dan Doyle to the Parole Board.
I've known Dan and his family for a long, long
time, I think longer than either of us would
care to admit.
I renewed my acquaintance with him
when I actually ended up in litigation against
1917
him. We represented clients in a case that is
still awaiting a decision -- final resolution,
I should say.
And Senator Mendez wanted to know
whether I was ahead or behind. And I think
the fair response to that is that we've both
represented our clients vigorously, and it
hasn't been resolved yet.
But in my experience with Dan, I
have come to appreciate his common sense, his
down-to-earth approach to problem solving.
And I think he will bring legal aptitude as
well as those skills to the Parole Board.
This is an agency that needs your
insight and your outlook, Dan, and your wisdom
in solving problems. And I wish you the best.
I've been accused oftentimes of
getting up and being critical of appointments
of the Governor to a whole host of agencies.
I'll continue to use my judgment in how I
respond to those appointments. But in this
case, this is an excellent appointment.
Dan, you'll be an asset to the
Parole Board, and I wish you Godspeed.
ACTING PRESIDENT MEIER: The
1918
question is on the confirmation of Daniel J.
Doyle as a member of the New York State Board
of Parole. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
(Applause.)
ACTING PRESIDENT MEIER:
Mr. Doyle is in the gallery. He's accompanied
by his mother, Margaret.
And, Mr. Doyle, we wish you good
luck and a successful term of office with your
important duties.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the State Board of Parole, Debra Loomis, of
Granville.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Thank you, Mr.
1919
President.
It's a pleasure for me to move the
nomination of Debra Loomis. As mentioned,
Debra is from Granville, in Washington County.
She has an excellent record as far
as experience. She graduated from Russell
Sage College. She then worked with the
Washington County Department of Social
Services from 1980 till present, twenty years.
She's worked as a support investigator, she's
worked in the Medicaid unit, in the public
assistance unit, in the children and family
services unit, and also in the child
protective service. She was a child
protective service caseworker up until the
present.
This is an excellent appointment.
I compliment the Governor. I compliment
Debra. I know that she'll carry out her
responsibilities in an exemplary fashion.
She's here today, Mr. President,
with her husband, Jerry.
And I -- again, it's a pleasure and
honor for me to move the nomination.
ACTING PRESIDENT MEIER: The
1920
question is on the confirmation of Debra
Loomis as a member of the New York State Board
of Parole. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Ms. Loomis is in the gallery with
us today. And she's accompanied by her
husband, Gary.
We offer you the congratulations of
the Senate and best wishes with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Buffalo and Fort Erie Bridge
Authority-Peace Bridge, Victor A. Martucci, of
Clarence.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
1921
confirmation, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Victor A.
Martucci as a member of the Buffalo and Fort
Erie Bridge Authority-Peace Bridge. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission, Barbara K. Wilson, of Cobleskill.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Barbara K.
Wilson as a member of the Saratoga-Capital
1922
District State Park, Recreation and Historic
Preservation Commission. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Veterans' Affairs Commission, John J.
McGuire, of Syracuse.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of John J.
McGuire as a member of the Veterans' Affairs
Commission.
All those in favor signify by
saying aye.
(Response of "Aye.")
1923
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Advisory Council on Alcoholism and Substance
Abuse Services, Charles S. Schewe, of Saratoga
Springs, and Veronica A. Uss, of Livingston
Manor.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Charles F.
Schewe and Veronica A. Uss as members of the
Advisory Council on Alcoholism and Substance
Abuse Services. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
1924
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Citizens' Policy and Complaint Review
Council, Nicholas Troisi, of Plattsburgh.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Nicholas
Troisi as a member of the Citizens' Policy and
Complaint Review Council. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue -- oh,
I'm sorry, Senator Stachowski.
1925
SENATOR STACHOWSKI: Mr.
President, could I have unanimous consent to
be recorded in the negative on Calendar Number
523. Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar 523.
Senator Hevesi.
SENATOR HEVESI: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar 179, Senate Print
6173B, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Hevesi will be recorded in
the negative on Calendar 179.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
Glasses are working well?
ACTING PRESIDENT MEIER: Yes,
trying to.
SENATOR DOLLINGER: I would like
to be recorded in the negative on Calendar
Number 179. I was at the meeting of the
Finance Committee when the vote was taken, and
1926
would ask unanimous consent to be recorded in
the negative.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 179.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Finger Lakes
Developmental Disabilities Services Office,
Paul F. Swift, of Pittsford.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Paul F.
Swift as a member of the Board of Visitors of
the Finger Lakes Developmental Disabilities
Services Office. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
1927
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Pilgrim
Psychiatric Center, Robin E. Sanders, of Stony
Brook.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Robin E.
Sanders as a member of the Board of Visitors
of the Pilgrim Psychiatric Center. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to read
reports of standing committees.
1928
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 3647, by Senator
Stafford, an act to amend the Executive Law;
3843, by Senator Stafford, an act
to amend the Executive Law and the Arts and
Cultural Affairs Law;
3846A, by Senator Stafford, an act
to amend the Executive Law;
6177, by Senator Seward, an act to
amend the State Finance Law;
6321, by Senator Marchi, an act to
amend Chapter 759 of the Laws of 1973;
7063, by Senator Stafford, an act
approving the exchange;
7084, by Senator Stafford, an act
to amend the State Finance Law;
6401B, Senate Budget Bill, an act
making appropriations for the legal
requirements of the state debt service;
7252, by the Senate Committee on
Rules, an act to amend the Public Health Law;
And Senate Print 7253, by the
Senate Committee on Rules, an act making
1929
appropriations for the support of government.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR SKELOS: And the Senate
will stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the -- I'm
sorry.
Before we do that, Senator Ada
Smith.
SENATOR ADA SMITH: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar Number
179.
1930
ACTING PRESIDENT MEIER: Without
objection, Senator Ada Smith will be recorded
in the negative on Calendar 179.
The Senate will then stand at ease
pending the report of the Rules Committee.
(Whereupon, the Senate stood at
ease at 11:41 a.m.)
(Whereupon, the Senate reconvened
at 11:50 a.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could please take up
Calendar Number 581, Senate 7252.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
581, by the Senate Committee on Rules, Senate
Print 7252, an act to amend the Public Health
Law, in relation to the transfer of funds to
Roswell Park Cancer Institute.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
1931
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Calendar Number 582,
Senate 7253.
1932
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
582, by the Senate Committee on Rules, Senate
Print 7253, an act making appropriations for
the support of government.
SENATOR SKELOS: Mr. President,
are there messages of necessity and
appropriation at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator Skelos.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
messages of necessity and appropriation. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
messages are accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 51. This
1933
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
may we please take up Calendar Number 578,
Senate 6401B.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
578, Budget Bill, Senate Print 6401B, an act
making appropriations for the legal
requirements of the state debt service.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator Skelos.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
1934
question is on the motion to accept the
message of necessity. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
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, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
1935
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 7198A, by the Senate
Committee on Rules, an act to amend the Labor
Law.
SENATOR SKELOS: Move to accept
the report.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the report
of the Rules Committee. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
1936
if we could just stand at ease temporarily.
ACTING PRESIDENT MEIER: The
Senate will stand at ease temporarily.
(Whereupon, the Senate stood at
ease at 11:55 a.m.)
(Whereupon, the Senate reconvened
at 12:00 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could take up Calendar
Number 583, 7198A.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
583, by the Senate Committee on Rules, Senate
Print 7198A, an act to amend the Labor Law, in
relation to the minimum wage for food-service
workers.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
1937
question is on the motion to accept the
message of necessity. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
2. Senators Duane and Schneiderman recorded
in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: The desk
1938
is clean, Senator.
SENATOR SKELOS: Mr. President,
Senator Bruno, in consultation with Senator
Connor, hands up the following committee
assignment changes.
ACTING PRESIDENT MEIER: The
changes in committee assignments are received,
and they will be recorded in the Journal.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I'd ask for unanimous consent to be
recorded in the negative on Calendar Number
581.
SENATOR SKELOS: No objection.
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar -- Senator, what
was the calendar number again?
SENATOR DOLLINGER: 581, Mr.
President.
Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 581.
1939
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we adjourn until Monday,
April 3rd, at 3:00 p.m., intervening days
being legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, April 3, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 12:05 p.m., the
Senate adjourned.)