Regular Session - April 5, 2000
2172
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 5, 2000
12:12 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,
Tuesday, April 4th, the Senate met pursuant to
adjournment. The Journal of Monday,
April 3rd, 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 just
interrupt for a moment, there will be an
immediate meeting of the Water Resources
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Water Resources
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 Farley,
from the Committee on Banks, reports:
Senate Bill Number 2926, by Senator
Farley, an act to amend the Banking Law;
3552, by Senator Farley, an act to
amend the Banking Law;
And 7101, by Senator Farley, an act
to amend Chapter 223 of the Laws of 1996.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Johnson, Madam
President, I move that the following bill be
discharged from its respective committee and
be recommitted with instructions to strike the
enacting clause. That's Senate Bill Number
5754.
THE PRESIDENT: So ordered,
Senator.
SENATOR FARLEY: On behalf of
Senator Spano, Madam President, on page 34 I
offer the following amendments to Calendar
613, Senate Print 5562A, and I ask that that
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 FARLEY: Madam President,
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on behalf of Senator Alesi, on page 20 I offer
the following amendments to Calendar 427,
Senate Print 84B, and I ask that that bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and that bill will also retain
its place on the Third Reading Calendar.
Senator Skelos, we have
substitutions.
SENATOR SKELOS: Would you please
make the substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 32,
Senator Maltese moves to discharge, from the
Committee on Local Government, Assembly Bill
Number 682 and substitute it for the identical
Senate Bill Number, 6895, Third Reading
Calendar 595.
On page 35, Senator Farley moves to
discharge, from the Committee on Education,
Assembly Bill Number 9516 and substitute it
for the identical Senate Bill Number 6719,
Third Reading Calendar 615.
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And on page 35, Senator Nozzolio
moves to discharge, from the Committee on
Social Services, Assembly Bill Number 9310 and
substitute it for the identical Senate Bill
Number 6697A, Third Reading Calendar 623.
THE PRESIDENT: The substitutions
are ordered.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There's a
privileged resolution at the desk by Senator
Leibell. May we please have the title read
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 3654,
paying tribute to Temple Beth El of Northern
Westchester upon the occasion of the
celebration of its 50th Anniversary on Sunday,
April 9, 2000.
THE PRESIDENT: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
322, by Senator Bonacic, Senate Print 3907B,
an act to amend the Public Authorities Law, in
relation to commitments.
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, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
386, by Senator Wright, Senate Print 2427, an
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act to amend the Economic Development Law, the
Public Officers Law, and the General
Construction Law, in relation to
videoconferencing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
387, by Senator Wright, Senate Print 3901, an
act to amend the Public Service Law, in
relation to information included.
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, 44. Nays,
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2. Senators Duane and Velella recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Excuse me. Ayes,
43. Nays, 3. Senators Duane, Skelos, and
Velella recorded in the negative.
THE PRESIDENT: The bill is still
passed.
THE SECRETARY: Calendar Number
423, by Senator Skelos, Senate Print 5074A, an
act to amend the Civil Rights Law, in relation
to requiring the destruction.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Meier recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
500, by Senator Padavan, Senate Print 1905, an
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act to amend the Real Property Law, in
relation to occupation of premises.
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 PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, Madam President, briefly.
This is a bill that I know Senator
Padavan has been pushing for a long time. I
carry a comparable bill with respect to the
bawdy house issue and the need for
municipalities to have greater authority, and
community groups and others to have greater
authority to deal with neighborhood problems
that come up in the operation of certain types
of facilities in neighborhoods, both in the
City of New York and, quite frankly, in the
City of Rochester.
I would just urge, Senator Padavan,
that if we can find an Assembly sponsor and
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get this bill through the Assembly, this is an
idea we've been debating far too long, that
it's time to do something about it if we're
going to improve the quality of life in urban
areas, particularly neighborhoods in the City
of New York and the City of Rochester.
And I would offer my assistance to
Senator Padavan. I know Assemblyman Morelle
carries a very similar bill in the Assembly.
And let's see if we can marry these two bills
together and get a law this year.
Thank you.
THE PRESIDENT: Senator
Dollinger, how do you vote?
SENATOR DOLLINGER: In the
affirmative.
THE PRESIDENT: You will be so
recorded as voting in the affirmative,
Senator.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 47. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
508, by Senator LaValle, Senate Print 1626, an
act to amend the General Municipal Law, in
relation to creating the Town of Southampton
Industrial Development Agency.
THE PRESIDENT: There is a home
rule message at the desk.
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, 47. Nays,
1. Senator Stachowski recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
514, by Senator Meier, Senate Print 4025A -
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
528, by Senator Trunzo, Senate Print 4200, an
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act to amend the Vehicle and Traffic Law, in
relation to the suspension of motor vehicle
registrations.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
559, by Senator Volker, Senate Print 4659A, an
act to authorize the Office of General
Services to sell, transfer and convey.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
561, by Senator Lack, Senate Print 1196, an
act to amend the Election Law, in relation to
polling places in Suffolk County.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
566, by Senator Farley, Senate Print 1958, an
act to amend the Election Law and the State
Finance Law, in relation to requiring
proposition.
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 PRESIDENT: Senator
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Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, Madam President.
I have continued to vote against
this bill, and I'm going to vote against it
this year again. Because every year we vote
for this measure in the Senate, and yet we do
bond proposals that we put out to the public
which doesn't include this very good public
disclosure tool.
As Senator Farley knows, this
mimics the kind of public disclosure, the kind
of disclosure that we give to people -- that
we require by law when you borrow money for
your house. You are shown exactly the amount
of the borrowing and exactly the amount of the
repayment.
Senator Farley, I'm going to vote
against it again this year. But I think we're
going to have a chance, probably in the next
two weeks, when we do the $3.2 billion roads
and bridges bond issue -- $3.8 billion bond
issue, I'm corrected by Senator Skelos -
we're going to have a chance to put the
interest accrual in that proposition when it
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goes to the voters. So we'll not only tell
them that they're borrowing $3.8 billion but
that it will cost something probably akin to
$5.5 billion to pay back.
Senator Farley, I would suggest
that when that comes forward, take this bill,
put it on as an amendment to that bond
proposal, I will vote for the bond proposal,
and I'll vote for this amendment as part of
it.
And then we'll be able to say that
what we do today has real meaning. Until
we're willing to do that, what we do today may
serve other purposes, but it doesn't have real
meaning. We'll get our chance in the next two
weeks to put this bill into practice. And I
would just suggest we do it then and I'll vote
for it then.
Otherwise I vote no, Madam
President.
THE PRESIDENT: Senator
Dollinger, you will be recorded as voting in
the negative on this bill.
The Secretary will announce the
results.
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THE SECRETARY: Ayes, 50. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
567, by Senator Maltese, Senate Print 6961, an
act to amend the Election Law, in relation to
the year 2000.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
573, by Senator Stafford, Senate Print 3647,
an act to amend the Executive Law, in relation
to reports by registered charitable
organizations.
THE PRESIDENT: Read the last
section.
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THE SECRETARY: Section 2. This
act shall take effect in 90 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
2. Senators Duane and Fuschillo recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
618, by Senator Johnson, Senate Print 7202, an
act to amend the Environmental Conservation
Law, in relation to extending the expiration
of the authority.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
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SENATOR SKELOS: I believe the
calendar is complete, Madam President.
Would you please recognize Senator
Hevesi.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Madam President,
I rise to request unanimous consent to be
recorded in the negative on Calendar 387,
Senate Print 3901.
THE PRESIDENT: Without
objection, Senator Hevesi, you will be
recorded as voting in the negative on that
bill.
SENATOR HEVESI: Thank you.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report at the
desk. I ask that it be read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Balboni,
from the Committee on Water Resources, reports
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the following bill direct to third reading:
Senate Print 5907, by Senator
Balboni, an act to amend the Environmental
Conservation Law, the Public Authorities Law,
the Public Health Law, the State Finance Law,
the Agriculture and Markets Law, and the
Banking Law.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. I ask for unanimous consent to be
recorded in the negative on Calendar 573,
Senate Bill 3647.
THE PRESIDENT: Without
objection, Senator, you will be so recorded.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there is not,
Senator.
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SENATOR SKELOS: I believe
there's some motions to discharge at this
time.
THE PRESIDENT: Senator Sampson.
SENATOR SAMPSON: Yes, Madam
President. I have a motion at the desk. I'd
like to waive the reading, if possible.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senate Bill
Number 2499, by Senator Sampson, an act to
amend the Civil Service Law, in relation to
veterans' credits on competitive examinations.
THE PRESIDENT: Senator Sampson.
SENATOR SAMPSON: Yes, this
motion basically calls for a bill which
increases the additional points on civil
service exams for disabled and nondisabled
veterans.
It increases from 10 to 13 points
additional points granted to disabled veterans
on competitive exams, and 5 to 6 points,
additional points, on promotional exams for
veterans. Also -- for disabled veterans.
Also, the bill calls for an
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increase from 5 to 8 points on competitive
exams for nondisabled veterans, and from 2½ to
3½ points' increase for promotional exams.
I think we need to acknowledge
those veterans, some who have given their
lives and those who have been wounded in the
services for these number of years. And I
think this is an important bill which would
acknowledge our understanding and our respect
for those veterans in today's society.
Thank you.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 23. Nays,
30. Party vote.
THE PRESIDENT: The motion is
defeated.
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Senator Sampson.
SENATOR SAMPSON: Yes. Madam
President, I have another motion at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senate Bill
Number 5619B, by Senator Sampson, an act to
amend the Civil Practice Law and Rules, in
relation to disposition of forfeiture monies.
THE PRESIDENT: Senator Sampson.
SENATOR SAMPSON: Let me try it
again. Maybe this might pass.
Well, this bill calls -- I think
this is a very good bill. This bill calls
for -- usually all profits that are seized
from criminal activities are distributed
between law enforcement agencies and the
prosecutorial agencies.
What this bill refers to as those
activities which involve gang violence,
75 percent of those proceeds will be given
back to the local community districts, and the
balance of 25 percent to be divided amongst
the prosecution and also law enforcement.
I think this is a very good bill,
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because what we have noticed within the last
couple of years is a tremendous increase in
the number of gangs in New York City and
throughout the New York State region, but also
the number of criminal activities committed,
crimes committed by these youths.
My colleagues, such as Senator
Balboni, Volker, and Senator Goodman, have
done advanced legislation with respect to gang
violence. But I think we need to go a little
bit further, meaning that instead of
increasing the penalties, we can try to find
out ways in which to prevent them from
engaging in this activity.
And one of the best ways is by
giving it back to those local districts where
these gang members are preying on, to really
take the children -- you know, we know from
the hours of 3:00 to 8:00 p.m. there's a lot
of idle time for children to get in trouble,
and that's when a lot of the crimes are being
committed.
So what this bill would intend to
do is give that money back to the local
districts so we have programs such as computer
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programs, literacy programs, to really give
those children who don't want to go into the
gang activities another alternative.
Thank you very much, Madam
President.
SENATOR HEVESI: Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Madam President,
I just want to commend Senator Sampson. This
is an excellent idea. This is analogous with
a turbo engine where you harness the exhaust,
the negative by-products, and redirect it and
recycle it to a benevolent purpose.
This is right on the money -
THE PRESIDENT: Go ahead,
Senator.
SENATOR HEVESI: It's right on
the money, right on target with how you
redirect assets that have been used for a
really horrible purpose in a way that will
prevent the forfeiture of such assets in the
future by preventing the crimes that led to
the forfeiture.
So just briefly, this is a
terrific, terrific idea. And I hope everyone
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in this chamber supports it. And my
compliments to Senator Sampson for coming up
with such a good idea.
THE PRESIDENT: All in favor of
the motion to discharge signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 23. Nays,
31. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we adjourn until Monday,
April 10th, at 3:00 p.m., intervening days
being legislative days.
THE PRESIDENT: On motion, the
Senate stands adjourned until Monday,
April 10th, at 3:00 p.m., intervening days
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being legislative days.
(Whereupon, at 12:34 p.m., the
Senate adjourned.)