Regular Session - April 4, 2000
2125
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 4, 2000
3:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, April 3rd, the Senate met pursuant to
adjournment. The Journal of Sunday,
April 2nd, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
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SENATOR SKELOS: If I could
interrupt, there will be an immediate meeting
of the Environmental Conservation Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Rath,
from the Committee on Local Government,
reports:
Senate Bill Number 735, by Senator
Stafford, an act in relation to the lease or
rental of certain land in Warren County;
758, by Senator Johnson, an act to
amend the Real Property Tax Law;
817, by Senator Hannon, an act to
amend the Real Property Tax Law;
1614, by Senator LaValle, an act to
authorize the Village of Sag Harbor;
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1624, by Senator LaValle, an act to
amend the General Municipal Law;
1771, by Senator Johnson, an act to
amend the Real Property Tax Law;
1966, by Senator LaValle, an act to
amend the General Municipal Law;
5653, by Senator Volker, an act to
amend the General Municipal Law;
6523, by Senator Larkin, an act to
amend Chapter 43 of the Laws of 1994;
6576, by Senator Wright, an act to
amend the Real Property Tax Law;
6895, by Senator Maltese, an act to
amend the Town Law;
7021, by Senator Rath, an act to
amend the Local Finance Law and Chapter 413 of
the Laws of 1991;
And 7061, by Senator Kuhl, an act
authorizing the County of Steuben.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Bill Number 5874, by Senator
Bruno, an act to amend the Highway Law;
6161, by Senator Morahan, an act to
amend the Highway Law;
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6806, by Senator Farley, an act to
amend the Highway Law;
And 6992, by Senator Trunzo, an act
to amend Chapter 549 of the Laws of 1994.
Senator Marchi, from the Committee
on Corporations, Authorities and Commissions,
reports:
Senate Bill Number 774, by Senator
Stafford, an act to amend the Public
Authorities Law;
4692A, by Senator Marchi, an act to
amend the Public Authorities Law;
4850, by Senator Bonacic, an act to
amend the Public Authorities Law;
6324, by Senator Volker, an act to
amend Chapter 824 of the Laws of 1933;
6494, by Senator Velella, an act to
amend Chapter 465 of the Laws of 1994;
6583, by Senator Alesi, an act to
amend the Public Authorities Law;
6691, by Senator Velella, an act to
amend Chapter 383 of the Laws of 1991;
6873, by Senator Maltese, an act to
amend the Public Authorities Law;
7025, by Senator Farley, an act to
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amend the Public Authorities Law;
7125, by Senator Marchi, an act
authorizing the New York State Urban
Development Corporation;
And 7130, by Senator Marchi, an act
to amend the Public Authorities Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Bill Number 5562A, by
Senator Spano, an act to amend the Education
Law;
5963, by Senator Kuhl, an act to
amend the Education Law;
6719, by Senator Farley, an act to
amend the Education Law;
6934, by Senator Farley, an act to
amend the Education Law;
And 7131, by Senator Seward, an act
in relation to adjusting certain state aid
payments.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate Print 5933.
THE PRESIDENT: So ordered,
Senator.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Larkin, would
you please place a sponsor's star on Calendar
Number 376.
THE PRESIDENT: So ordered.
SENATOR FARLEY: Madam President,
on behalf of Senator Marcellino, I wish to
move the following bills be discharged from
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their respective committee and be recommitted
with instructions to strike the enacting
clause. That's Senate Number 3983A.
THE PRESIDENT: So ordered,
Senator.
SENATOR FARLEY: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Civil Service and Pensions Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Civil Service and
Pensions Committee in the Majority Conference
Room.
Senator Skelos, we have some
substitutions.
SENATOR SKELOS: May we please
adopt the Resolution Calendar, with the
exception of Resolution 3633.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution -- 3633, Senator? Was
that the number?
SENATOR SKELOS: Yes.
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THE PRESIDENT: -- with the
exception of Resolution 3633, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Thank you.
Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, Senator, we
have two.
SENATOR SKELOS: If we could make
the substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 26,
Senator Seward moves to discharge, from the
Committee on Insurance, Assembly Bill Number
1030 and substitute it for the identical
Senate Bill Number 6734, Third Reading
Calendar 497.
On page 33, Senator Velella moves
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to discharge, from the Committee on Energy and
Telecommunications, Assembly Bill Number 1096
and substitute it for the identical Senate
Bill Number 7094, Third Reading Calendar 584.
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
may we please take up Resolution 3633, by
Senator McGee, have it read in its entirety,
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator McGee,
Legislative Resolution 3633, commending the
members of Mothers Against Drunk Driving upon
the occasion of their visit to Albany,
New York, on April 4, 2000.
"WHEREAS, It is the sense of this
Legislative Body to recognize and commend
those organizations of true purpose and worthy
cause whose dedication and commitment are
willingly given in service to improve the
quality of life for others; and
"WHEREAS, Attendant to such
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concern, and in full accord with its
longstanding traditions, it is the sense of
this Legislative Body to commend the members
of Mothers Against Drunk Driving upon the
occasion of their visit to Albany, New York,
on April 4, 2000; and
"WHEREAS, It is the intent of this
Legislative Body to applaud and recognize the
ongoing efforts and notable achievements of
MADD which have significantly contributed to
bettering the quality of life in the
communities throughout the State of New York.
"MADD is a nonprofit, grassroots
organization with more than 600 chapters
nationwide. The mission of MADD is to stop
drunk driving, to support the victims of this
violent crime, and to prevent underage
drinking.
"MADD was founded by a small group
of California women in 1980 after a
13-year-old girl was killed by a hit-and-run
driver. Since then, MADD has continued to
grow and pursue the efforts initiated by its
founders; and
"WHEREAS, Demonstrating their
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concernment in support of MADD, the New York
State Senate has passed a package of drunk
driving legislation to protect the safety of
motorists, passengers and pedestrians, which
includes but is not limited to mandating the
permanent revocation of a driver's license
when a person has three or more alcohol- or
drug-related offenses within five years, or
four or more within ten years; increasing the
mandatory driver's license revocation period
from one year to five years when a person is
convicted of DWI or driving while ability is
impaired by drugs for the third time in ten
years; extending the license revocation period
from six to nine months for a first offense of
a driver who refuses a breath test to
determine blood alcohol content, and from one
year to 18 months for a subsequent offense;
treating all motor vehicle operators who
refuse to take a chemical test the same for
purposes of license revocation, regardless of
whether the police or district attorney obtain
a court order for such a test; creating the
Class E felony crime of aggravated driving
while intoxicated, where a driver's blood
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alcohol content is .20 percent or greater, and
would specify fines, imprisonment, and license
revocation periods for such crimes; and
disallowing plea bargaining from DWI to DWAI,
or DWAI to a non-alcohol offense, for those
convicted of DWI or DWAI within the past ten
years; and
"WHEREAS, Those organizations who
enhance the well-being and vitality of their
community and have shown a long and sustained
commitment to excellence certainly have earned
recognition and applause from this Legislative
Body; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend the
members of Mothers Against Drunk Driving upon
the occasion of their visit to Albany,
New York, on April 4, 2000, and it be further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Mothers Against Drunk Driving."
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
Madam President, earlier today the
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MADD organization, Mothers Against Drunk
Driving, had a breakfast at which they told
us, or -- and told us the priorities that they
are going to have for this year.
And I was very pleased to see that
the Senate Majority has passed a package of
our drunk driving bills, and among them are
the first one that they considered to be their
very first priority was creating a Class E
felony crime of aggravated driving while
intoxicated, where a driver's BAC is at or
above .20.
Their second priority was mandating
the permanent revocation of a driver's license
when a person has three or more drug- or
alcohol-related offenses within five years. I
was very pleased to say that the Senate
Majority has passed that piece of legislation.
And also, when I became chair of
the Alcohol and Substance Abuse Committee in
the Senate, one of my primary purposes and
reasons behind it is to remove permanently the
repeat drug and drunk driver from the road.
So joining us today are Mr. Kerry
Stapleton, who is the executive director of
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MADD, Mothers Against Drunk Driving-New York,
and Karen Pettigrew, who is the president of
MADD, Mothers Against Drunk Driving, the
Saratoga chapter.
I'm very pleased to have them here
as we give them this resolution, and offer
them all the assistance that the Senate can
provide.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
And I'd like to welcome, on behalf
of the Senate, all of the members of MADD and
congratulate you on your excellent job and the
dedication that you have to your very
important mission.
Thank you for joining us. And
every courtesy is extended on behalf of the
Senate.
(Applause.)
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THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
Senator McGee would like to open sponsorship
of Resolution 3550, which concerns Cancer
Survivors' Day, and also the resolution that
was just read, 3633.
If anybody wishes -- with the
consent of the Minority, we'll put everybody
on. And if anybody does not wish to sponsor
either resolution, that's 3550 and 3633, they
should notify the desk.
THE PRESIDENT: Anyone who does
not wish to sponsor this resolution please
notify the desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
126, by Senator McGee, Senate Print 5073, an
act in relation to requiring the Department of
Motor Vehicles to compile information.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
200, by Senator Skelos, Senate Print 4722, an
act to amend the Public Health Law and the
Social Services Law, in relation to
instituting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
April.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
281, by Senator LaValle, Senate Print -
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SENATOR CONNOR: Lay it aside.
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
303, by Senator Alesi, Senate Print 183, an
act to amend the Vehicle and Traffic Law, in
relation to extending the time of license
revocation.
SENATOR CONNOR: Lay it aside for
Senator Duane.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
369, by Senator Nozzolio, Senate Print 2064,
an act to amend the Vehicle and Traffic Law,
in relation to the imposition of a fee.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
509, by Senator LaValle, Senate Print 1968, an
act to amend the Town Law, in relation to
expending from fire district revenues.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
510, by Senator Nozzolio, Senate Print 2125A,
an act to amend the County Law, in relation to
the duties of the district attorney of Seneca
County.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
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THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
511, by Senator Farley -
SENATOR CONNOR: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
517, by Senator Rath, Senate Print 4668, an
act to amend the County Law and the Education
Law, in relation to interagency human services
initiatives.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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532, by Senator Rath, Senate Print 1071 -
SENATOR CONNOR: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
575, by Senator Stafford -
SENATOR CONNOR: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
576, by Senator Seward, Senate Print 6177, an
act to amend the State Finance Law, in
relation to applications for loans.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Madam President,
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on behalf of Senator Meier, there will be an
immediate meeting of the Social Service
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Social Services
Committee in the Majority Conference Room.
SENATOR SKELOS: Madam President,
if we could take up the moderately
controversial calendar.
THE PRESIDENT: The Secretary
will read.
Senator Padavan.
SENATOR PADAVAN: Yes, Madam
President. Thank you very much.
THE PRESIDENT: You're welcome.
SENATOR PADAVAN: I wonder if I
could offer the following motion. I wish to
call up my bill, Print Number 6964, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
507, by Senator Padavan, Senate Print 6964, an
act to authorize the Dormitory Authority.
SENATOR PADAVAN: I now request
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that we reconsider the vote by which this bill
was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
SENATOR PADAVAN: The bill being
placed on the Third Reading Calendar, I now
offer up the following amendments.
THE PRESIDENT: The amendments
are received, Senator Padavan.
The Secretary will now read the
controversial calendar.
THE SECRETARY: Calendar Number
303, by Senator Alesi, Senate Print 183, an
act to amend the Vehicle and Traffic Law, in
relation to extending.
SENATOR DUANE: Explanation,
please.
SENATOR SKELOS: Lay it aside
temporarily, please.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
511, by Senator Farley, Senate Print 2369, an
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act to amend the Real Property Tax Law and the
Social Services Law, in relation to
withholding.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Farley,
an explanation has been requested by Senator
Paterson, I believe.
SENATOR FARLEY: Thank you.
Senator, this bill that we have
done before, there was greater concern with it
the first time it passed, less concern the
second time, and I hope no concern this time.
What this is is a piece of
legislation that's very popular in upstate New
York, particularly for the small cities. For
instance, it's been very much supported by
Senator Rath in Erie County. Montgomery
County has asked for it, Schenectady County
has asked for it.
It's a bill that would say that a
landlord that is behind in his taxes, that
they could withhold the rent that Social
Services is paying him until the taxes are
paid.
Incidentally, the City of New York
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is excluded from this bill. So most of the
concern has been in regard to the City of New
York. They are excluded, it does not affect
them.
Schenectady County recently passed
a resolution in favor of it. Incidentally,
there's a very active neighborhood association
group in Schenectady who are renters that are
in favor of it and are working for the bill.
Incidentally, there was a concern
raised, and I amended the bill to take care of
that concern, that Section 149B, that requires
that repairs be made to the property, that
that still is -- supersedes anything in this
bill. The repairs would have to be made first
before they could take it for taxes.
This can very much help the
strapped small cities upstate that are
interested in this. It also makes the
landlord that is somewhat irresponsible
responsible for paying his taxes to the
locality.
It has picked up more and more
sponsorship -- Fulton County, the City of
Gloversville. So many other people are
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anxious for this bill to become law.
And with that, I'd be happy to
answer any questions or you could read the
last section.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, I'm very familiar with the work
that Senator Farley and Senator Rath have done
on this legislation.
And I do appreciate the
correction -- well, not really the correction,
but the change in the legislation that was
made relating to the issue of repairs being
made to the building. Because my concern
really is that in spite of the fact that we
want to penalize the landlord, that it's the
tenants who inevitably wind up paying for the
errors and the noncompliance of the landlord.
But if Senator Farley would yield
for one additional question.
SENATOR FARLEY: I'd be honored.
SENATOR PATERSON: Madam
President, my question to Senator Farley
relates to the possible discrimination between
those tenants whose rent is paid by themselves
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and those tenants whose rent is paid by Social
Services. Obviously, it's the Social Service
tenants whose payments are now due upon the
landlord that the landlord loses when the
landlord's not in compliance with tax
payments.
And I would think that it would
just be a human frailty, a natural human
tendency, to take this out on those needy
individuals who we as a society have
determined are eligible for the support but
nonetheless are placed in the precarious
position when that support is not forthcoming.
SENATOR FARLEY: No, your point
is well taken.
In the legislation, incidentally,
the landlord is prohibited from evicting or
taking out retribution against the tenant.
Incidentally, as I said before, a
very active neighborhood association of
tenants in Schenectady is in support of this
bill.
This bill is not -- the point of it
is not to punish tenants, it's to make
landlords pay their taxes as they're supposed
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to pay them. And incidentally, repairs and so
forth do take precedence.
It's a good piece of legislation.
I know that Senator Rath has had a great
interest in this and has been very much in the
forefront.
This is a very important bill to
the struggling small cities, particularly
upstate. And they have it really rough, as
the taxpayers tend to move to the suburbs, et
cetera, and these landlords and so forth
refuse to pay their taxes, and it makes it
very difficult on the counties.
And I urge this legislation. I
think we have corrected it enough so that you
really shouldn't have any concern. It does
not affect New York City in any way. And it's
a piece of legislation that is needed for
upstate.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: If the sponsor
would yield for a question.
THE PRESIDENT: Senator Farley,
do you yield for a question?
SENATOR FARLEY: Certainly.
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THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I'm sorry if I
haven't been able to get this clarified yet.
But I'm just trying to find out who is
actually responsible for making the repairs.
SENATOR FARLEY: Boy, I'd have to
look up -- where are my housing experts?
That's a section of the law, 149B, and I
notice that the Housing Committee's people are
not here. That's the Spiegel Act. It
requires withholding of these payments to
landlords so that necessary repairs are made
to the property.
I would presume that the county
would make those repairs. Do you know that
answer? It's the Spiegel Act. I don't have
an answer.
SENATOR RATH: I don't really
know. It's not . . .
SENATOR FARLEY: I suspect it
would have to be the counties. That's just my
opinion. I believe the Housing Committee
is -- is meeting as we speak.
But anyway, the Spiegel Act says -
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controls in this situation. Repairs have to
be made. If there's withholding of rents
because of repairs, that takes precedence over
the withholding for the taxes.
SENATOR DUANE: Through you,
Madam President, if the sponsor would yield.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: I'm concerned
about this, though I know it doesn't impact
New York City. But I have some experience
with landlord-tenant issues generally, and
sometimes the actual making of the repairs
falls through the cracks -- and also oversight
to make sure that the repairs have been done
correctly.
Actually, you know what, it's not
going to be a question. So thank you.
I'm speaking on the bill, Madam
President.
So I have a concern about that
also, in that I just don't have the comfort
level that repairs will actually be made. And
that doesn't help either the tenant or the
county or the landlord if we lose housing
stock through this.
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And I also believe that the
landlord can continue to make the life of a
tenant miserable. Though not all landlords
are like that, there are certain numbers of
landlords that do that.
So I'm going to be voting in the
negative on this.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 511 are
Senators Connor, Duane, Lachman, Markowitz,
Montgomery, Santiago, Schneiderman, and
Stavisky. Ayes, 51 -- excuse me. Also
Senator Rosado.
Ayes, 50. Nays, 9.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Just to explain
my vote and in answering of the question.
It would be the city, Senator
Duane, in New York City. And it would be the
2156
municipality or actually the county in the
upstate area.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
532, by Senator Rath, Senate Print 1071, an
act to amend the Penal Law, in relation to
repeat offender status.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Rath, an
explanation has been requested.
SENATOR RATH: Thank you, Madam
President.
This bill takes into consideration
persons who have committed repeat offenses of
petty larceny, and it raises the penalty to a
Class E felony after a person has been
convicted twice of petty larceny.
THE PRESIDENT: Read the last
section.
Excuse me. Senator Duane.
SENATOR DUANE: Thank you very
much. Would the sponsor yield to a question?
THE PRESIDENT: Senator Rath, do
you yield for a question?
2157
SENATOR RATH: Sure.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: It's my
understanding that this legislation is for
someone who has been convicted two or more
times of petty larceny within the past five
years, and that this is geared towards the -
shoplifting?
SENATOR RATH: Right, yeah.
It's -- the bill has been supported
by the National Federation of Independent
Businesses, Chambers of Commerce, on down the
line, folks that are interested in assuring
that repeat offenders understand that they
can't come in and help themselves.
SENATOR DUANE: Thank you.
Madam President, on the bill.
I just find it incredibly ironic
that we're willing to pass legislation which
goes after chronic shoplifters -- which, by
the way, I think is in many cases a mental
illness as much as a crime -- but that we
won't pass legislation which would impact and
help to reduce crimes motivated by hate.
2158
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 532 are
Senators Duane, Montgomery, and M. Smith.
Ayes, 56. Nays, 3.
THE PRESIDENT: The bill is
passed.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like unanimous consent to
be recorded in the negative on Calendar 281.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the -- excuse me, Senator, that bill was
laid aside for the day.
SENATOR MONTGOMERY: Oh, okay,
thank you. I'm sorry.
THE PRESIDENT: The Secretary
2159
will read.
THE SECRETARY: Calendar Number
575, by Senator Stafford, Senate Print 3846A,
an act to amend the Executive Law, in relation
to the Emergency Management Assistance
Compact.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Stafford,
an explanation has been requested by Senator
Paterson.
SENATOR STAFFORD: Madam
President, this bill, if enacted, would allow
the State of New York to be part of the
Emergency Management Assistance Compact.
There are presently 28 states in this compact.
And for instance, when we had the
ice storm two years ago, it would have enabled
us to have states come in to help us. And
it's, I think, a very meaningful piece of
legislation. We also would be able to help
other states.
I know there's been a question on
liability. The liability is on the requesting
state. But I would say that there has to be
2160
good faith, and that any immunity would not
include willful misconduct, gross negligence,
or recklessness.
I think it's a very good piece of
legislation. I also am familiar with the
Forest Fire Control Commission, and this is
the same type of activity. And we're able to
go in and help other states if they have a
problem, and other states are able to come in
and help us. I think it's very worthwhile.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, would you inquire of Senator
Stafford if he'd be willing to answer a couple
of questions relating to this liability.
SENATOR STAFFORD: Sure. As
always.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator
Stafford, what happens to a victim of
negligent conduct in this particular
situation? Because it's my opinion that the
bill does not state clearly enough that the
state that is offering the assistance takes
2161
liability.
I've heard that said in
conversation, but you'd have to show me in the
bill where it makes that clear.
SENATOR STAFFORD: It states it
in Section 6. And I think it explains that
the requesting state is responsible. And I've
mentioned the examples where they would not be
earlier.
SENATOR PATERSON: Thank you,
Madam President. If Senator Stafford would
yield for one last question.
THE PRESIDENT: Senator Stafford,
do you yield -
SENATOR STAFFORD: Sure.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator, why
would we not indemnify those workers, the
aides that would come to New York per se if
they were coming to help us, or the state that
we would be visiting would indemnify our
employees?
SENATOR STAFFORD: Good point.
We are, unless there's willful misconduct,
2162
gross negligence, or recklessness.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, on the bill.
I want to thank Senator Stafford
for his answer. And his answer, as I
understand it, is perfectly sound.
I know, however, in order to vote
for this bill, that standard would have to be
extended from what is really a gross
negligence standard to include negligence.
This is what causes harm to people from time
to time.
And if it were just covering a
little more of the problem, I think it would
be a little easier to support.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 575 are
Senators Connor, Coppola, Duane, Paterson,
2163
Seabrook, and M. Smith.
Ayes, 53. Nays, 6.
THE PRESIDENT: The bill is
passed.
Senator Seabrook.
SENATOR SEABROOK: Yes, Madam
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
511.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative, Senator Seabrook, on Calendar
511.
SENATOR SEABROOK: Thank you.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
303, by Senator Alesi, Senate Print 183, an
act to amend the Vehicle and Traffic Law, in
relation to extending.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Alesi, an
explanation has been requested by Senator
Duane.
2164
SENATOR ALESI: Thank you, Madam
President.
This bill would extend the
revocation time for anybody -- revocation of a
license for anybody who refuses to take a
chemical test.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you. Would
the sponsor yield to a question?
THE PRESIDENT: Senator Alesi,
will you yield for a question?
SENATOR ALESI: I'd be happy to.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: Under this
legislation, could someone's license be
suspended for a year without a court date?
SENATOR ALESI: This would be a
time period of one year, from six months. As
it's currently prescribed, it's six months.
It would be the same as currently prescribed,
except we would extend it from six months to
one year.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
2165
to yield.
THE PRESIDENT: Senator Alesi, do
you continue to yield?
SENATOR ALESI: Be happy to.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: Even if there's
no court date and it's through no fault of the
driver?
SENATOR ALESI: I'm sorry, would
you kindly repeat the question, Senator?
SENATOR DUANE: Yes. The license
could be suspended for the full year without a
court date even if the court date did not
occur through no fault of the driver?
SENATOR ALESI: It's with a court
date. With a court date, through the
President.
SENATOR DUANE: I'm sorry, I
can't hear, Madam President.
THE PRESIDENT: Senator Alesi,
would you repeat your answer?
SENATOR ALESI: Through you,
Madam President. With a court date.
SENATOR DUANE: And through you,
2166
Madam President.
Then if there was no court date,
though it was not the fault of the driver,
when would the driver get the -- what's the
time limit for the driver getting the license
back?
SENATOR ALESI: It would be
rather difficult for any revocation to occur
without a court date.
SENATOR DUANE: Through you,
Madam President. I believe the legislation
says that it could be taken away for a year
without a court date.
THE PRESIDENT: Do you have a
question, Senator Duane, or are you on the
bill?
SENATOR DUANE: Let me rephrase
the question, if I may.
Does the -- does this legislation
say that a license can be revoked for one year
without a court date?
SENATOR ALESI: Were you asking a
question, Senator? I'm sorry.
SENATOR DUANE: The question is,
can a license be suspended for one year
2167
without a court date?
SENATOR ALESI: In either
event -- through you, Madam President -- this
would be at the discretion of the
Commissioner, and the revocation would occur
with a court date.
SENATOR DUANE: Thank you, Madam
President. Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
SENATOR COPPOLA: Madam
President.
THE PRESIDENT: The Secretary
will again announce the results.
THE SECRETARY: Ayes, 57. Nays,
2. Senators Coppola and Duane recorded in the
2168
negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos -- Senator Bonacic,
excuse me, that completes the controversial
reading of the calendar.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR BONACIC: May we please
return to reports of standing committees? I
think there are reports at the desk.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Leibell,
from the Committee on Civil Service and
Pensions reports:
Senate Bill Number 1839, by Senator
Kuhl, an act to amend the Election Law;
6542, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
And 6550, by Senator Spano, an act
to amend the Retirement and Social Security
Law.
2169
Senator Marcellino, from the
Committee on Environmental Conservation,
reports:
Senate Bill Number 7202, by Senator
Johnson, an act to amend the Environmental
Conservation Law.
Senator Meier, from the Committee
on Social Services, reports:
Senate Bill Number 5985, by Senator
Spano, an act to amend the Social Services
Law;
6697A, by Senator Nozzolio, an act
to amend the Social Services Law;
And 6972, by Senator Meier, an act
to amend the Social Services Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Senator Bonacic.
SENATOR BONACIC: Madam
President, is there any housekeeping at the
desk?
THE PRESIDENT: Yes, there is,
2170
Senator.
Senator Libous.
SENATOR LIBOUS: Yes. Thank you,
Madam President.
On behalf of Senator Seward, on
page 26, I offer the following amendments to
Calendar Number 496, Senate Print 6643A, and
ask that said bill retain its place on the
Third Reading Calendar.
THE PRESIDENT: The amendment is
received, and the bill will retain its place
on the Third Reading Calendar.
Senator Bonacic.
SENATOR BONACIC: Madam
President, there being no further -
THE PRESIDENT: Senator Paterson,
excuse me.
SENATOR PATERSON: Thank you.
I'm sorry, Madam President.
I'd like to announce an immediate
conference of the Minority, immediate
conference of the Minority in the Minority
Conference Room, Room 314.
And my apology to Senator Bonacic.
THE PRESIDENT: There will be an
2171
immediate conference of the Minority in the
Minority Conference Room, Room 314.
Senator Bonacic.
SENATOR BONACIC: Madam
President, there being no further business to
come before the Senate, I move we adjourn
until Wednesday, April 5th, at high noon,
12 o'clock noon.
THE PRESIDENT: On motion, the
Senate stands adjourned until Wednesday,
April 5th, high noon.
(Whereupon, at 3:55 p.m., the
Senate adjourned.)