Regular Session - June 6, 2000
4232
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 6, 2000
3:12 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: With us to give
us the invocation is the Reverend Peter G.
Young, from Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Thank you,
Governor.
Let us pray.
As we are inundated with rainy
weather, we have thoughts of those suffering
with flood conditions. We know that other
states are in a drought and intimidated with
out-of-control fires. We need to express our
attitude of gratitude to our Creator for the
New York State environment, with all of its
natural beauty.
As we get near the end of the
session, we ask You, O God, that our
4234
legislators have the summer recess to be
renewed in mind and spirit.
May we especially remember this
D-Day/Omaha Beach anniversary and our brave
troops that gave their lives for our freedom.
They are our heroes and are examples of
dedication that we will always be grateful to
for the freedom that we today enjoy.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, June 5th, the Senate met pursuant to
adjournment. The Journal of Sunday, June 4th,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
4235
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Nozzolio, on
page 51 I offer the following amendments to
Calendar 840, Senate Print 7156.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FARLEY: And would you
also remove the star from that bill.
THE PRESIDENT: So ordered. The
star is removed.
SENATOR FARLEY: Madam President,
I wish to call up Senator Padavan's bill,
Senate Print 7893, which was recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1212, by Senator Padavan, Senate Print 7893,
an act to amend the General Municipal Law.
SENATOR FARLEY: Madam President,
4236
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FARLEY: And I ask that
the bill be restored to the order of third
reading.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FARLEY: You're not Madam
President. Mr. President.
ACTING PRESIDENT MEIER: Your
powers of observation are amazing, Senator
Farley.
SENATOR FARLEY: Thank you. What
happened to the President?
Mr. President, I'll offer the
following amendments to these following Third
Reading Calendar bills.
Senator Goodman, page 14, Calendar
471, Senate Print 1105A;
Senator Seward, page 22, Calendar
4237
746, Senate Print 6680B;
For Senator Goodman, on page 24,
Calendar 767, Senate Print 5671A;
Senator Skelos, on page 36,
Calendar Number 1006, Senate Print 6781;
On behalf of Senator Balboni, on
page 36, Calendar 1012, Senate Print 7382;
Senator DeFrancisco, page 38,
Calendar 1050, Senate Print 7474;
Senator Seward, on page 42,
Calendar 1122, Senate Print 7836;
And Senator Seward again, on page
46, Calendar 1206, Senate Print 7576A;
On behalf of Senator Trunzo, on
page 22, Calendar 736, Senate Print 7181A;
And on behalf of Senator Skelos, on
page 36, Calendar 997, Senate Print 6800A.
And, Mr. President, I now move that
these bills retain their place on the order of
the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and all bills will
retain their place on the Third Reading
Calendar.
Senator Fuschillo.
4238
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Volker, I wish
to call up Senate Print Number 4659A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
559, by Senator Volker, Senate Print 4659A, an
act to authorize the Office of General
Services.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Skelos I wish
4239
to call up Senate Print Number 12A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
250, by Senator Skelos, Senate Print 12A, an
act to amend the Penal Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Skelos, I wish
to call up the bill Print Number 965A,
recalled from the Assembly, which is now at
the desk.
4240
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
723, by Senator Skelos, Senate Print 965A, an
act to amend the Domestic Relations Law.
SENATOR McGEE: 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, 45.
SENATOR McGEE: Mr. -- Madam -
Mr. President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR McGEE: Mr. President, on
behalf of Senator Farley, I wish to call up
bill Print Number 6728A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1169, by Senator Farley, Senate Print 6728A,
4241
an act to authorize the trustees of the State
University of New York.
SENATOR McGEE: 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, 45.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Thank
you, Senator McGee.
SENATOR McGEE: I now offer the
following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions to be made?
ACTING PRESIDENT MEIER: There is
one substitution, Senator Skelos.
SENATOR SKELOS: Please make the
substitution at this time.
ACTING PRESIDENT MEIER: The
4242
Secretary will read the substitution.
THE SECRETARY: On page 49,
Senator Morahan moves to discharge, from the
Committee on Rules, Assembly Bill Number 6516
and substitute it for the identical Senate
Bill Number 7899, Third Reading Calendar 1277.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar,
with the exception of Resolution 4583.
ACTING PRESIDENT MEIER: The
motion is to adopt the Resolution Calendar,
with the exception of Resolution 4583. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exception, is
adopted.
SENATOR SKELOS: Mr. President,
Senator Morahan has consented on Resolutions
4243
4622, 23, and 24 to open up sponsorship to the
entire membership. It's been consented to by
the Minority. So if anybody wishes not to be
on those resolutions, they should notify the
desk.
ACTING PRESIDENT MEIER: With
regard to those three resolutions, any member
not wishing to be a cosponsor should notify
the desk.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
Can we have some order in the
chamber. Staff and members who have
conversations should take them outside.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
12A, by Senator Marcellino, Senate Print
2543E, an act to amend the Environmental
Conservation Law, in relation to authorizing.
4244
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: With the consent
of the Minority, if we could have the last
section read on Calendar Number 12, Senate
2543E, for the purposes of Senator Spano
voting.
ACTING PRESIDENT MEIER: The
Secretary will read the last section with
regard to Calendar Number 12.
The Secretary will read Calendar
Number 12.
THE SECRETARY: Calendar Number
12, by Senator Marcellino, Senate Print 2543E,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
4245
March.
SENATOR SPANO: Mr. President.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: I vote aye.
ACTING PRESIDENT MEIER: Senator
Spano will be recorded as voting in the
affirmative.
SENATOR SKELOS: Withdraw the
roll call, please.
ACTING PRESIDENT MEIER: The roll
call is withdrawn, and the bill is laid aside.
THE SECRETARY: Calendar Number
47, by Senator Alesi, Senate Print 4690, an
act to amend the Executive Law, in relation to
establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
4246
bill aside.
THE SECRETARY: Calendar Number
51, by Member of the Assembly Butler, Assembly
Print Number -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
203, by Senator Libous, Senate Print 2102A -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
215, by Senator Padavan, Senate Print 1808, an
act to amend the Public Authorities Law, in
relation to the composition.
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.)
4247
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
222, by Senator Maltese, Senate Print 4752B,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing distinctive license
plates.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
307, by Senator Kuhl, Senate Print 3243A, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law, in
relation to the imposition of driver's license
suspensions.
4248
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.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go back to Calendar Number 203, I
inadvertently laid that aside for the day.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 203.
THE SECRETARY: Calendar Number
203, by Senator Libous, Senate Print 2102A, an
act to amend the Mental Hygiene Law and the
Executive Law, in relation to requiring.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
4249
The Secretary will continue to
read, regular order.
THE SECRETARY: Calendar Number
354, by Senator Meier, Senate Print 5851A, an
act to amend the Social Services Law, in
relation to permanently excluding persons.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
433, by Senator Larkin, Senate Print 4489, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law and the Workers' Compensation
Law, in relation to the New York Jockey Injury
Compensation Fund.
ACTING PRESIDENT MEIER: Read the
last section.
4250
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
444, by Senator Kuhl, Senate Print 4102A, an
act to amend the Environmental Conservation
Law, in relation to emergency contracts.
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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
463, by Senator LaValle, Senate Print 5377, an
act to amend the Education Law, in relation to
4251
indemnification of City University.
SENATOR DUANE: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
485, by Senator Libous, Senate Print 4913, an
act to amend the Mental Hygiene Law, in
relation to directing the State Commission.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
492, by Senator Saland, Senate Print 5358, an
act to amend the Executive Law, in relation to
making technical corrections.
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, 46.
ACTING PRESIDENT MEIER: The bill
4252
is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: 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.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
504, by the Assembly Committee on Rules,
Assembly Print Number 9003, an act to amend
the Surrogate's Court Procedure Act, in
relation to permissible methods.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the first calendar
month next succeeding the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4253
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
506, by Senator Velella, Senate Print 6789, an
act to amend the Administrative Code of the
City of New York, in relate to inquiries.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
513, by Senator McGee, Senate Print 3947, an
act to amend the Real Property Tax Law, in
relation to increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
4254
July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
550, by Member of the Assembly Weinstein,
Assembly Print Number 10427, an act to amend
Chapter 606 of the Laws of 1999 amending the
Domestic Relations Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
623, by Member of the Assembly Destito,
4255
Assembly Print Number 9310, an act to amend
the Social Services Law, in relation to annual
financial statements.
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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, could we return to the order of
motions and resolutions. And may we please
take up Resolution Number 4583, by Senator
Nozzolio.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read Resolution
4583.
Just the title, Senator?
SENATOR FUSCHILLO: May we have
4256
it read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 4583 in its
entirety.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution 4583,
congratulating the Bloomfield Junior Senior
High School Girls Varsity Basketball Team and
Coach Phil White on their outstanding season
and overall team record.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Bloomfield Junior
4257
Senior High School Girls Varsity Basketball
Team completed their 1999-2000 season with a
record of 27 wins and 1 loss. They earned
their second straight Section V title in a row
and earned their second straight New York
State title in a row, which makes this school
the only Section V school that has won
back-to-back state titles; and
"WHEREAS, In addition, the
Bloomfield Junior Senior High School Girls
Basketball Team was the Section V Class CC
champions, and they were the New York State
Public High School Class C champions.
"This powerful team averaged 72
points per game on offense and allowed 41
points per game on defense. The athletic
talent displayed on this team is due in great
part to the efforts of Coach Phil White, a
skilled and inspirational tutor, respected for
his ability to develop potential into
excellence; and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends, and the community at
4258
large; and
"WHEREAS, The hallmarks of the
Bloomfield Junior Senior High School Girls
Varsity Basketball Team, from the opening game
of the season to participation in the
championship, were a sisterhood of athletic
ability, of good sportsmanship, of honor and
of scholarship, demonstrating that these team
players are second to none.
"Athletically and academically, the
team members have proven themselves to be an
unbeatable combination of talents revealing
favorably on their school. Coach Phil White
has done a superb job in guiding, molding, and
inspiring the team members toward their goals;
and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Phil White and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it resolved that this
Legislative Body pause in its deliberations to
congratulate the Bloomfield Junior Senior High
4259
School Girls Varsity Basketball Team, its
members -- Heathar Shepard, Ericka Bellis,
Sarah McWilliams, Kate Headlee, Marissa
Lipovsky, Monica Davis, Anne Eshleman, Cori
Hept, Elizabeth Hudson, Katie McDonald, Emily
Paulsen, Ashley Myers, Jill Hammond, Emily
Rauscher, Kim Rogers, Elizabeth Kaufmann, and
Leah Hyland -- and Coach Phil White on their
outstanding season and overall team record;
and be it further
"RESOLVED, that a copy of this
resolution, suitably engrossed, be transmitted
to the Bloomfield Junior Senior High School
Girls Varsity Basketball Team and to Coach
Phil White."
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On the resolution.
Mr. President and my colleagues, I
very much appreciate the opportunity today to
welcome to this great chamber a great group of
people from Bloomfield who have excelled in
athletics and have given their community and
their state great pride.
4260
As the senator representing this
community, it is with great pride that I stand
and applaud the wonderful contributions of
these fine young women, who not once but
twice, two years in a row, were successful in
winning the New York State Class C basketball
title.
But these young ladies are much
more than basketball players, excellent as
they are in that sport. They are fine
ambassadors for their community, they are
respectful, they have given great honor to
themselves, to their school, and to their
families.
Phil White was singled out as the
coach, and he has been truly an outstanding
coach. I'd also like to recognize with him
Keith Shepard, who has two daughters who are
involved on the team, and that certainly Keith
that given a great amount of his time and
effort to this endeavor. Also, Principal
Denny Wilcox, who came with the team today on
behalf of the Bloomfield Central schools.
We recognize too often those young
people who have gone astray. These young
4261
people are right on the mark. And, Mr.
President, it is an honor for me to welcome
them to this chamber today and thank the
Senate for its resolution.
I move the resolution.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, can we return to the reading of the
noncontroversial calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will continue with the reading of
the noncontroversial calendar.
THE SECRETARY: Calendar Number
657, by Senator Volker, Senate Print 6644, an
act to amend the Criminal Procedure Law, in
relation to youthful offender adjudication.
4262
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, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
658, by Senator Volker, Senate Print 6647, an
act to amend the Criminal Procedure Law, in
relation to dismissal.
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.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
4263
THE SECRETARY: Calendar Number
659, by Senator Volker, Senate Print 6974, an
act to amend the Criminal Procedure Law, in
relation to release of official records.
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.
THE SECRETARY: Calendar Number
734, by Senator Stachowski, Senate Print 6368,
an act to authorize the Commissioner of
General Services to sell and convey.
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.)
4264
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
774, by Member of the Assembly Weisenberg,
Assembly Print Number 9528A, an act to amend
the Insurance Law, in relation to family
member coverage.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
844, by Senator Wright -
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
4265
863, by Senator Johnson, Senate Print 759A, an
act to amend the Executive Law, the Civil
Practice Law and Rules, and the Tax Law, in
relation to personal injury awards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
867, by Senator Padavan, Senate Print 1788, an
act to amend the State Finance Law, in
relation to contracts for architectural and
engineering services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
4266
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator M. Smith recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
868, by Senator Volker, Senate Print 2273, an
act to amend the Executive Law, in relation to
civil actions against employees.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
929, by Senator Hoffmann, Senate Print 5292A,
an act to amend the Agriculture and Markets
Law, in relation to animal population control.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4267
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
966, by Senator Lack, Senate Print 3819, an
act to amend the Judiciary Law and the Family
Court Act, in relation to compensation.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1109, by Senator Rath, Senate Print 722C, an
act to amend the General Business Law, in
relation to the regulation of unsolicited
commercial electronic mail.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1111, by Senator Nozzolio, Senate Print 1586B,
an act to amend the Executive Law and the
General Business Law, in relation to credit
4268
reporting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1135, by Senator Hannon, Senate Print 6986, an
act to amend the Public Health Law, in
relation to the licensure and testing of
applicants.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1146, by Senator Volker, Senate Print 7425, an
act to amend the Mental Hygiene Law, in
4269
relation to peace officer powers.
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, 53. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1226, by Senator LaValle, Senate Print 4910,
an act to amend the Criminal Procedure Law, in
relation to designating.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1253, by Senator Alesi, Senate Print 1605, an
act to amend the General Business Law, in
relation to recordkeeping.
ACTING PRESIDENT MEIER: Read the
4270
last section.
THE SECRETARY: Section 7. 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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1254, by Senator Goodman, Senate Print 2283,
an act to amend the Transportation Law, in
relation to insurance of household goods.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
4271
THE SECRETARY: Calendar Number
1255, by Senator Lachman, Senate Print 2699,
an act to amend the Public Authorities Law, in
relation to prescribing penalties.
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.
THE SECRETARY: Calendar Number
1256, by Senator Volker, Senate Print 3822, an
act to amend the Penal Law, in relation to the
unlawful wearing of body vests.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
4272
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1257, by Senator Nozzolio, Senate Print 4021A,
an act to amend the Criminal Procedure Law and
the Penal Law, in relation to mandatory
arraignment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. 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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1258, by Senator Velella, Senate Print 4185,
an act to amend the Real Property Law, in
relation to nonsolicitation.
ACTING PRESIDENT MEIER: Read the
4273
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1259, by Senator Leibell, Senate Print 5326,
an act to amend the Military Law, in relation
to payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1260, by Senator Velella, Senate Print 6245,
4274
an act to amend the Civil Practice Law and
Rules, in relation to actions to recover
damages.
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.
THE SECRETARY: Calendar Number
1261, by Senator Seward, Senate Print 6363, an
act to amend the State Finance Law, in
relation to matching funds.
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, 54.
4275
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1262, by Senator Skelos, Senate Print 6821, an
act to amend the Civil Practice Law and Rules,
in relation to the time to take an appeal.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1263, by Senator Padavan, Senate Print 6958,
an act to amend the Penal Law, in relation to
illegal possession.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
4276
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1264, by Senator Leibell, Senate Print 7072,
an act to amend the Civil Practice Law and
Rules, in relation to increasing.
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.
THE SECRETARY: Calendar Number
1265, by Senator Hannon, Senate Print 7250, an
act to amend the Tax Law, in relation to
extending.
SENATOR DUANE: Lay it aside,
4277
please.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1266, by Senator Seward, Senate Print 7261A,
an act to amend the Insurance Law, in relation
to nonresident excess line brokers.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1267, by Senator Velella, Senate Print 7419,
an act to amend the Vehicle and Traffic Law,
in relation to the reporting of accidents.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4278
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1268, by Senator Goodman, Senate Print 7515,
an act to amend the Penal Law, in relation to
concurrent and consecutive terms of
imprisonment.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1269, by Senator Alesi, Senate Print 7630, an
act to amend the Criminal Procedure Law, in
relation to permitting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4279
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1270, by Senator Stafford, Senate Print -
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1271, by Senator Rath, Senate Print -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1273, by Senator Leibell, Senate Print 7773,
an act to amend the Election Law, in relation
to conduct of elections.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
4280
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1274, by Senator Padavan, Senate Print 7821,
an act to amend the Highway Law, in relation
to bridge inspection.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1275, by Senator LaValle, Senate Print 7844,
an act to amend the Executive Law, in relation
to continuing.
4281
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Can we
have some order in the chamber, please.
Lay the bill aside.
THE SECRETARY: Calendar Number
1276, by Senator Rath, Senate Print 7867, an
act to amend the Real Property Tax Law and the
Agriculture and Markets Law, in relation to
making technical and clarifying amendments
thereto.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. 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.
THE SECRETARY: Calendar Number
1277, substituted earlier today by Member of
the Assembly Robach, Assembly Print Number
6516, an act to amend the Education Law, in
relation to authorizing.
4282
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.
THE SECRETARY: Calendar Number
1278, by Senator Marcellino, Senate Print
7949, an act to amend the Executive Law and
others, in relation to making funds of a
convicted person available to crime victims.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Montgomery recorded in the
negative.
4283
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno, that concludes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
12, by Senator Marcellino, Senate Print 2543E,
an act to amend the Environmental Conservation
Law, in relation to authorizing.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Can we
have order in the chamber, please. We'll get
through this a lot more quickly.
Senator Marcellino, an explanation
has been requested of Calendar 12 by Senator
Paterson, I believe.
SENATOR MARCELLINO: Thank you,
Mr. President.
Mr. President, my colleagues, we
have debated this bill before. It is
4284
well-known to everybody here. This was
probably a bill -- or probably one of the
first bills that I introduced when I came to
the Senate. At the time, it seemed like a
good idea. I was trying to help people from
exposure to pesticides.
And in my idealism, I felt that
everybody would join in and say, Hey, this is
a great idea, we should do this, we should all
rise up and say exposure to these dangerous
substances should be avoided at all costs.
And being a good neighbor is a good idea, so
let's all jump on and vote for this bill.
Opposition rises from many angles
and from many directions. Applicators of
pesticides don't like it, for obvious reasons.
They see it as an infringement on their right
to do business. So we work with the
applicator to try to alleviate some of their
concerns.
As you see from this bill, it is an
E version, a relative rarity in this house.
We do not amend that many times, usually.
However, this bill has been changed a number
of times.
4285
The farmers objected, through their
organization, saying that this bill would
impose upon them undue circumstances. After
reviewing their concerns and reviewing the
situation, we agreed with them. So farmers
are exempted from this law, for good reason.
That doesn't seem to mollify them. They still
seem to object to the bill. But we will
continue to forge ahead with the issue.
Last year the bill was passed with
some limits. It was a downstate bill,
predominantly. It controlled or regulated or
imposed these rules on the downstate counties
of Westchester, the City of New York, Nassau,
and Suffolk counties. Which took care of
about two-thirds of the population of the
state, or brought them under the aegis of the
law, where some of the opponents of the bill,
some of the environmental opponents, said that
the greatest problem for exposure to
pesticides and the greatest incidences of
concern were occurring.
In the interim, a number of my
colleagues have come to me and said that
people around in other counties have suggested
4286
that they would like to see or at least be
able to avail themselves of the program that
is expressed in this bill. So this year we've
expanded the bill to include all counties of
the state, with the ability of the county to
opt in if they so choose.
We are not mandating that the
counties follow these rules or these
regulations. They are allowed to make that
decision for themselves, via their county
legislatures. And they can come out and say
"we would choose to" or "we choose not to."
That is their choice. We are not forcing it
on anyone. They can opt in under this
legislation.
What this bill does is it
authorizes the county to adopt and enforce
local laws requiring consumer pesticide use
information signs be posted at retail
establishments selling general-use pesticides
for residential or commercial lawn
application, requiring at least 48-hour notice
to property owners within 150 feet of a
commercial lawn application of pesticide
through the air, where such vegetation being
4287
sprayed is 5 feet tall or greater, and notice
to property owners within 15 feet where the
vegetation being sprayed is less than 5 feet
tall, requiring persons performing residential
application of pesticides to post markers -
in other words, to flag their properties -
along the perimeter of the treated property.
This establishes penalties for said violations
of such local laws.
The bill is -- there is no same-as
at this point in time. The Assembly has a
different version of the legislation, seeking
the same thing but going about it in a
different way. As we speak, our staffs are
trying to reconcile the two pieces of
legislation so that we can have what is known
up here as three-way agreement on the bill.
They will continue to notice and they will
continue to discuss and to try to reconcile
the two bills.
There are parts of the other bill
in the other house which we find acceptable,
and they have indicated to us there are parts
of our bill which they find acceptable. And
we are trying to reconcile the differences. I
4288
feel confident that those differences can be
reconciled, in fact.
How long that will take is another
situation. We cannot be sure of that. So we
feel that it is better to move forward with
the legislation at this time as it is, and
continue to negotiate as we speak.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, I believe there's an amendment at
the desk. I would like to call it up, waive
its reading, and be heard on the amendment.
ACTING PRESIDENT MEIER: The
amendment is at the desk, the reading is
waived, and you're recognized to explain the
amendment.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I guess we're going through the
same pattern we followed last year, although
hopefully the spiral is bringing us closer to
the goal of actually having a law on the issue
of pesticide notification.
The amendment would essentially
4289
substitute the legislation passed in the
Assembly for the proposed bill, for a couple
of very simple reasons. I think that there
are areas in which the Senate leads and areas
in which the Senate follows. And on this
issue, I think the Senate is following.
The Assembly has passed a bill
mandating a statewide program. Every county
in the state would be under the same program
and have to provide the same notification for
pesticide application. There wouldn't be a
hodgepodge of different counties with
different rules.
That's a problem, frankly, not just
for the children and people who would not get
notification if a county opts out, but also
for pesticide application companies, who would
have to follow different rules in different
parts of the state.
The Assembly bill, which this
amendment would substitute, also covers
schools and daycare centers. Tremendously
important, and a glaring omission from our
legislation.
I do think we're moving forward on
4290
this. I am hopeful we will have an agreement.
I just would urge my colleagues to vote for
the amendment. Let's do the stronger bill.
Let's do the version that Assemblyman DiNapoli
has sponsored. It's supported by more than 50
environmental and health organizations, breast
cancer groups, civic associations.
And I think this is a situation
where we're not going to make the pesticide
industry happy. They're opposed to Senator
Marcellino's bill and Assemblyman DiNapoli's
bill. Let's do this the right way. Let's
protect all the children in our state. And I
urge that we vote yes on this amendment, close
on this bill immediately.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, it's interesting to hear my
colleague's stand. Earlier this year when I
put in an amendment in the committee to amend
my legislation, my colleague Mr. Schneiderman,
who just spoke, put in a bill of his own. The
bill of his own was my bill. His bill didn't
4291
include schools or daycare centers. His bill
didn't do a lot of other things that he's
talking about now.
It was my bill. It is my bill. I
assume if it was good enough then, it's bad
now, so he must be amending his own bill on
this piece. So that's one interesting point.
The other point that we talk about,
with a hodgepodge of different rules, the
counties would opt in through the same rules.
They would all opt into the same program
spelled out in this bill. They could not
write their own law. They have to opt into
the law as it's written in the bill.
Schools are covered under this
legislation. However, if you want to go
further, schools have independently elected
school boards. These are people who are
charged and elected by their constituents to
set policy for their school districts. One of
those policies -- and I know, because I sat on
a local school board -- was to protect the
health and safety of the students and people
who attend or go to the building and use the
facilities.
4292
If a school district wished to
notify, all that had to be done was the
superintendent be told by the board of
education to do it. They don't need to be
forced to do anything. They don't need to opt
into anything. They could do it themselves
now. Nothing in the law prevents them from
doing it, nothing in the law precludes them
from doing it. They have a perfect right if
they wish to.
My concern with some parts of the
bill -- I won't go into too much detail -- is
it treats all the applications the same. When
you do that -- this is regardless of health
risk, immediate or otherwise. When you do
that, you encourage the maximum use of
pesticide the first time, rather than to
discourage it. You say to the applicator,
Come in now with the nuclear weapon, do what
you have to do to prevent reoccurrence so you
don't have to go back and renotify and
renotify and rerenotify.
Spraying, which is treated in the
bill as it stands, is the primary concern for
us. That is an immediate risk. It puts
4293
anyone in its way at an immediate risk. If I
put down bait traps in a school, that does not
pose any immediate risk to anybody. Yet under
the bill that is being amended -- under this
amendment, they would have to proceed and they
would have to be given 48-hour notification to
put down a roach trap. Which is no immediate
problem to anybody but the roach.
I suggest to you that it is flawed
to treat all applications the same. They are
not. It is incumbent upon us to discourage
overuse, which the amendment does not, and to
encourage the minimal use whenever possible,
and other alternative methods whenever
possible, by the applicators.
By making their job onerous and
forcing them to come back and return and
rereturn, we encourage them to use the worst
possible approach, maximum effort. This is
something that we do not want them to do.
This is something we try to discourage.
So the bill, although
well-intended, and the amendment, although
well-intended, has some serious flaws. And I
would urge because of those flaws that we not
4294
support the amendment, that we in fact vote it
down, that we in fact pass the bill that is on
the floor now before us so that we can move
ahead.
And hopefully with the Assembly's
concurrence and with the sponsor in the
Assembly's concurrence, our two offices can
meet and our two staffs can come together and
resolve any outstanding issues, so that
ultimately we have a meaningful state law that
will protect everyone.
This amendment does not protect
anyone. I urge its defeat.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, just to respond briefly, because I
know we have a lot on the agenda.
On the issue of schools, I don't
see where schools are -- schools are not
covered. There's no plan for schools in this
bill. There is -- and there's a companion
bill to the bill I introduced that Senator
Marcellino referred to, carried by Senator
Breslin, that covers schools. His bill plus
4295
my bill gets the job done. So that's why I
didn't include schools in that particular
version.
I don't disagree with very much
that Senator Marcellino said in terms of the
intention of the bill, the difficulties
passing it. I hope the staffs get together, I
hope we get a law.
I do not see any reason why this
should not be a statewide law, why you should
have some counties in and some counties out
and pesticide application companies working in
two counties having to abide by different sets
of rules.
And I also do think that turf
application is a very serious problem. I
realize that spraying -- I agree that spraying
is a more serious problem, but I think turf
application is also a very serious problem.
For those reasons, I urge us to pass the
amendment.
However, I do plan to vote for the
underlying bill in the unlikely event that the
amendment is defeated, because I do think that
the effort to conference this and move it
4296
forward is not just well-intentioned but is
something that I believe in the current
atmosphere is going to produce results this
year on an issue that is important to many of
us on both sides of the aisle.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, we also have a two-bill approach.
We have an IPM bill for schools
which will also deal with much of the problem
in schools.
We also deal with the granular
application. Granular application is dealt
with through homeowners. And as of right now,
a commercial applicator must flag when they
put out a granular application.
Under this legislation as it
proposed unamended, the homeowner would have
to put a flag out when they apply a granular
application. Granular application is not the
risk spraying is. A granular application is
only at risk if you walk on your neighbor's
property where you do not belong without
permission. And if a flag is posted to say
4297
it's a hazard, you don't go there. That's
what it means. It means the same when the
commercial applicator puts it out as when the
private homeowner puts it out.
We deal with it that way. There is
no need for 48-hour notification for granular
application. There simply is no need. It's a
waste of time and an overuse. What you're
saying then is they ought to spray, because
what else. They might as well, if they've got
to give them 48-hour notice, use the other
weapon. Use the atomic bomb rather than the
lesser one.
We are addressing the issues, we
think, in a responsible manner. Again, I urge
the defeat of the amendment.
ACTING PRESIDENT MEIER: Senator
Schneiderman, one moment. The rules of the
Senate provide that a member may speak twice
on a question.
SENATOR SCHNEIDERMAN: Thank you
very much. I have spoken twice.
ACTING PRESIDENT MEIER: Thank
you, Senator Schneiderman.
Senator Coppola.
4298
SENATOR COPPOLA: On the bill -
on the amendment.
It's a good idea to include all of
the State of New York. The fact of the matter
is if Ronald Reagan had left all of the United
States of America hanging with the drinking
law in the 50 states -- we have a uniform
drinking law in the United States, which was
very progressive and very fortunate that he
took the leadership to do that.
And I feel the same way about this
environmental pesticide, because it's
dangerous to our environment and to our
society. And to have it voluntary out there
for different counties, I don't think they'll
participate.
So I support the amendment. Thank
you.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I rise just to make one point
to Senator Marcellino with respect to the
nonspraying application of pesticides.
How it comes to get on the ground
4299
from my point of view is not the issue. The
question is, is there any notice when your dog
runs onto the lawn or that trespasser that -
frankly, I've got three of them. And when
they were between the ages of 3 and 12, they
trespassed everywhere. They were called
children. And they would go out and run
around on people's lawns, run around on school
district lawns, run around on lawns all over
the place. I never knew what was on that
lawn.
And I appreciate the fact that the
spraying, because of the airborne
possibilities of being -- extending beyond the
boundaries, is a more dangerous threat. But I
also think that granular applications can pose
a threat to the populations that are most
vulnerable -- children, pets, things that end
up on other people's lawns that wouldn't
necessarily be trespassers.
And I would just suggest that
that's one of the reasons to vote for this
amendment, because it's more expansive than
what this bill proposes.
And I also agree with Senator
4300
Schneiderman. I think if we make it local
option, if we don't use the power we have to
require this statewide, we're going to end up
with a patchwork of 60 odd -- well, not 60,
because the City of New York will be included
as one. But we're going to end up with a
patchwork of 45 different rules and
regulations which will make it impossible for
the economies of scale to come with statewide
provisions or statewide suppliers of this
service to actually utilize it.
And I have one other question on
the main bill when we get through with the
amendment, Mr. President, which I'll direct to
Senator Marcellino later.
SENATOR MARCELLINO: Mr.
President.
ACTING PRESIDENT MEIER: We're on
the amendment, Senator.
SENATOR MARCELLINO: Aw.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
4301
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 23. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Marcellino.
SENATOR MARCELLINO:
Mr. Chairman, read the last section.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall -
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, may I just ask Senator Marcellino
one question on the main bill.
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield for a question?
SENATOR MARCELLINO: Yes, I
yield.
4302
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: How does this
affect the application of pesticides for
things like the West Nile virus and the
application against mosquitos in certain
instances? Will this affect that in any way?
This is a lawn -- is this simply a residential
lawn application program?
SENATOR MARCELLINO: This would
not affect anything that had to do with aerial
spraying in that respect, because that would
be an emergency situation and a health-risk
situation. So this bill would not negatively
impact or require them to do anything like
that, Mr. Dollinger -- Senator Dollinger.
The bill was not intended to deal
with that, and there's always the emergency
application situation. When you have a health
risk, you have to do what you have to do.
SENATOR DOLLINGER: Just on the
bill briefly, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I'm going to
4303
vote against this bill. I know that there are
many people who support it as the reasoned
alternative or doing something on this
measure.
But I have voted against this bill
in the past because it really doesn't do
anything for Monroe County, the community that
I represent. It allows them to opt in but
frankly allows them to create a whole series
of rules and regulations that could be
inconsistent with other parts of the state.
I think this is the wrong approach.
I favor the amendment, the amended approach.
I would go that way. I appreciate what
Senator Marcellino is trying to do. I don't
think this bill quite goes far enough. And
until it does something for Monroe County
rather than just allows them to opt in, my
view is they may have the power to do all
these things that Senator Marcellino wants to
do. They may have that power today under
their normal police powers. And I'm not so
sure we're necessarily giving them anything
all that much.
So from my point of view, the
4304
better way to do it is make it mandatory,
require the counties to do it. And when that
bill comes out, when we've had discussions
with the Assembly, I'll be the first in line
to vote for it, Mr. President.
SENATOR MARCELLINO:
Mr. Chairman.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Yeah, you
know, I keep on saying it, but Senator
Dollinger was wrong on the granular
application approach on several reasons.
Yes, children are at risk.
Children are our most at-risk group. We want
to protect them at all costs because they're
most vulnerable. And they should be protected
at all costs. And two- and three-year-olds
should not be allowed to go running around on
anybody else's property or anywhere else
unattended by an adult.
And I'm sure Senator Dollinger
would not have allowed his children to go
running around out in the neighborhood without
an adult present. And I certainly didn't
4305
allow mine, and I doubt if anyone here allowed
theirs.
The flagging tells the parent, the
responsible party, that there is a dangerous
substance on that lawn, you are the
responsible party, you must keep your child
off the lawn. That is your responsibility.
There is no way you can mandate responsibility
on anyone.
Wrong on the other application
business. This does not produce or does not
allow individual counties to set up their own
rules. They have to go by the rules in the
bill. There will be no hodgepodge of laws.
All counties opting into this plan must opt
into the plan as stated in the law. No two
counties can do totally different rules.
So if they opt in, they will opt in
with the same set of rules, whether they are
from Monroe County or from Nassau and Suffolk
Counties. And I daresay Nassau and Suffolk
County people and Monroe County people are
very much the same. Neither one should be
unnecessarily exposed to pesticides.
I urge the support of this bill.
4306
ACTING PRESIDENT MEIER: Read the
last section.
Oh, I'm sorry. Excuse me, Senator
Oppenheimer. I'm sorry.
SENATOR OPPENHEIMER: I'm short,
but I'm not that short.
ACTING PRESIDENT MEIER: No,
you're not. You're noticeable.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I have a
question for Senator Marcellino.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR MARCELLINO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: And this is
just -- I will ask Senator Marcellino just for
an educated guess because he is really so
knowledgeable in this area.
Do you feel that our counties in
New York State will opt into this voluntary
program?
SENATOR MARCELLINO: Senator, I
believe that every county should opt into this
4307
proposal, and I believe most every county will
opt into this proposal over time, if not
immediately upon its passage into becoming
law. I believe they will.
I do also believe that they have a
right, as a local municipality, to determine
their own fate. And that local control and
those county legislatures have certain rights
as well, and that we owe them the courtesy and
the consideration of taking their own action.
And I believe that they will do the
right thing as they see it for their
constituents and their residents. And I
believe, as I said earlier, every county will
eventually opt into this legislation.
SENATOR OPPENHEIMER: Thank you,
Senator.
I'll just speak very briefly on the
bill.
ACTING PRESIDENT MEIER: Senator
Oppenheimer, on the bill.
SENATOR OPPENHEIMER: Lord knows,
I hope what Senator Marcellino says is right.
And I certainly would like all counties to opt
in. But I'm fearful that all counties may not
4308
opt in.
And I feel this is important enough
to have the 48-hour prenotification, and there
are various pieces of this bill which I
definitely support.
I think we shouldn't get too tied
into this, because -- into your bill, Senator
Marcellino, because we do want something to
come out this session, if possible. And if
there is talk going on right now -- we have
been discussing this bill for, I guess, six
seven years. It seems to me to be a very long
time that we've been talking about it.
And maybe in these last few days,
with crunch coming, maybe we will be able to
achieve some give-and-take and come out with a
single bill. Because to my way of thinking,
the other house has the preferable bill,
because daycare centers are included and
schools are.
And also because I think the
requirements in the Senate bill, the
specifications, the application
specifications, are really very, very
cumbersome. And I think the other house has a
4309
bill that is easier to understand and easier
to enforce.
So I'm going to be supporting this
bill. I think it has very important
considerations in it. It is my hope, as I
have said in past years, that the two houses
will get together to iron out these
differences and that we can present both
houses with a single bill, because many of us
very much support the idea of pesticide
notification and want to see it happen now.
I'll be supporting the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thanks,
Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I join
with Senator Oppenheimer in her sentiments.
I'm going to vote yes on this bill. I think
it is a step forward.
I do, however, have concerns, and I
don't really think that in the area of
environmental protection, county opt-in is
4310
really the right way to go. I mean, I think
with our clean air laws, our clean water laws,
as a federal matter and as a state matter,
consistency is really critical.
And in a lot of areas where you
have asthma epidemics, essentially, in some
parts of the state -- and pesticide is one of
the things that has been identified as one of
the sources -- consistent reduction of
exposure to pesticide for all the children of
the state should be our goal.
I'm supporting the bill. I hope
we'll move forward to conferences with the
Assembly. And I hope what we come out with is
something that has statewide application.
Thank you.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President.
I just disagree with my colleague,
Senator Marcellino, on one thing. I agree
that the bill says that it has to have all
these provisions without exception, which is
the language in this bill. But there's
4311
nothing in this bill that says that they
couldn't add other criteria onto the bill.
They could put additional requirements beyond
the basic minimum that we require by statute.
So under those circumstances, the
hodgepodge effect that Senator Schneiderman
referred to could in fact happen. That's what
this bill could do. We could end up with a
balkanized system of notification that would
be counterproductive.
I like the concept, but I've voted
against this bill in the past because I think
it's the wrong approach.
Let's use that power that we have
to require all the counties to do something
statewide. So that when the people from
Rochester go on vacation in Ontario County,
where Senator Nozzolio is from, or they go
into Niagara County, where Senator Maziarz is
from, they know that the same rules apply.
When they see the little markers on the lawns
in our public schools or in our playgrounds,
they'll know that pesticides have been adapted
and they'll know that there's a consistent
statewide rule for application.
4312
That's the right way to go. Until
we get there, I'm going to vote no, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
thank you for the opportunity to speak on the
bill briefly.
This issue is an issue that is
very, very difficult for all of us, only
because, as usual with many issues in this
state, there's a huge geographical divergence
of opinion.
The farming community sees
pesticides as a necessary way to conduct
business. And in fact, many in the suburbs
see pesticides as a way to keep their lawns
and the way they see their houses as something
green and wonderful. But at the same time,
there are many people who would like to see a
bill that simply bans pesticides.
The difficulty associated with this
bill for years has been that this is a
tightrope to walk.
I want to congratulate Senator Carl
4313
Marcellino. This has been a very difficult
issue for him, only because he's trying to do
the right thing with an issue that involves
notification. This is not about banning
pesticides. This is not about clean air.
This is not about clean water. Because this
doesn't stop the use of pesticides.
What this does is it gets into the
daily fabric of life and says, in a
commonsense way, talk to your neighbor, let
your neighbor know what you're doing to your
property, and then hopefully the neighbor will
do the right thing with their family.
We cannot legislate common sense,
but we can legislate notification and
information. And I think the part of this
bill that just is not focused on, but it's a
very important element, is what happens at the
place where pesticides are sold.
I know many of my neighbors who go
to the lawn-care stores, they have no idea
what they're buying except it says it kills
grubs. They don't understand what the
chemical composition is, and they have no
appreciation as to whether or not this is in
4314
fact something that can affect human life.
But what this does is it says at
the point of purchase to the homeowner -- and
if you take a look at the statistics, my
colleagues, you'll see that in terms of
actually putting pesticides into the ground,
homeowners, private applicators, do a lot more
than commercial applicators.
And so it says to the private
applicator, Stop. Think about what you're
going to put on your lawn. Think about what
you're going to put into the environment. And
that educational component is probably one of
the best aspects of this bill.
What frustrates me are the people
who perhaps stand outside of this business and
say, If you don't do the bill the way we want
to do it, then you're not in favor of
pesticide notification and you're not doing
the right thing.
That is bunk. This is the first
step in a dialogue that we need to have on a
very important issue. It is probably one of
the most commonsense approaches you could see
out there.
4315
And, Carl, don't give up the fight.
I think this is a good piece of legislation.
And I would urge support, Mr. President.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
March.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
2. Senators Duane and Dollinger recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
47, by Senator Alesi, Senate Print 4690 -
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
203, by Senator Libous, Senate Print 2102A, an
4316
act to amend the Mental Hygiene Law and the
Executive Law -
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
463, by Senator LaValle, Senate Print 5377, an
act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HEVESI: Explanation.
SENATOR STACHOWSKI: Explanation.
ACTING PRESIDENT MEIER: Senator
LaValle, an explanation has been requested of
Calendar 463 by Senator Hevesi.
SENATOR LAVALLE: Put a sponsor
star on it, please.
ACTING PRESIDENT MEIER: Place a
sponsor star on Calendar 463.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
485, by Senator Libous, Senate Print 4913, an
act to amend the Mental Hygiene Law, in
4317
relation to directing.
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
868, by Senator Volker, Senate Print 2273, an
act to amend the Executive Law, in relation to
civil actions.
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.)
SENATOR PATERSON: Explanation.
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
966, by Senator Lack, Senate Print 3819, an
4318
act to amend the Judiciary Law and the Family
Court Act, in relation to compensation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect in 90 days.
SENATOR DOLLINGER: Mr.
President, just to explain my vote. I'll let
the roll call go forward.
ACTING PRESIDENT MEIER: Let me
start the roll call and then we'll recognize
you.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, just very briefly.
I'm going to vote in favor of this
bill. It's the right thing to do to allow
private payments for the law guardians.
I'd simply like to drive home the
message that while we're increasing the fees
for law guardians, we continue to leave, under
18B, the people who are really doing the
4319
yeoman's work in Family Court terribly
undercompensated.
This allows us to use the private
system to jack up the rates for law guardians.
That's a good idea. Why don't we use the
public money to jack up the rates for those
who are providing the counsel to the indigent
who need representation in our Family Court.
It's really a travesty, Mr.
President. And I know we've discussed it
before, but I take this opportunity to remind
everybody, while raising some rates, we ought
to raise them all.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1109, by Senator Rath, Senate Print 722C, an
act to amend the General Business Law, in
relation to the regulation.
SENATOR DUANE: Explanation,
4320
please.
ACTING PRESIDENT MEIER: Senator
Rath, an explanation has been requested of
Calendar 1109 by Senator Duane.
SENATOR RATH: Thank you, Mr.
President.
The bill in front of you, commonly
known as the spam bill, for reasons I will
explain if anyone wants me to go into that, is
a bill that would regulate the transmission of
unsolicited commercial e-mail. That's what
spam basically is, unsolicited commercial
e-mail.
It's important in helping to
protect the Internet, which is of course one
of the driving forces in the revival of the
economy today. And the unwanted spamming has
a lot of overtones, and we have some penalties
put in that will not hurt the people who are
advertising directly on the Internet.
It won't prohibit them from going
forward doing what they're doing now. But
what it will do will be to protect your e-mail
box from all that stuff that you don't want
that shows up in it. In fact, some of what's
4321
happening because of spamming, people are
attempting to avoid additional activities in
their e-mail accounts so that they don't get
spammed by some of the porno sites and some of
the other sites that can move towards putting
things into their e-mail that they don't want.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield -
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for a question?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering
what the sponsor feels the impact of this bill
will be on interstate commerce and whether she
believes this would interfere with interstate
commerce.
SENATOR RATH: Only for people
who are acting at what we consider to be
illegal, people who are using other people's
domain names.
And it's a beginning of some
4322
restrictions and getting our arms around an
area that right now has no restrictions. And
it's acting as a deterrent for some people
wanting to move forward with their activity on
the Internet because of this unsolicited
commercial -- it's like junk mail in your
mailbox. If you don't want it, you don't want
it.
And this will also protect people
from incorrectly identifying themselves when
they spam into your e-mail, which they can do
now with no penalty.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: This raises a
very good point. Isn't this exactly like
mail, ordinary junk mail, in that the same
kinds of things could be said about junk mail
that goes through, that people use names that
are suspiciously close to well-known names to
send out mail, et cetera?
4323
SENATOR RATH: That's very true.
And people that are falsifying or forging
e-mail, this is one of the things that we're
going to be trying to protect against.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Yes.
SENATOR DUANE: Then why don't we
have the same legislation for junk mail?
SENATOR RATH: Pardon me? I'm
sorry, I was distracted.
SENATOR DUANE: If I may repeat,
Mr. President.
SENATOR RATH: I'm sorry.
SENATOR DUANE: Then why isn't
there the same legislation pending before us
for junk mail?
SENATOR RATH: The junk mail
piece I think was identified and reviewed last
year. Now, whether we did it formally or
informally, I can't recall. But you can get
rid of all that junk mail, of course, in your
4324
mailbox. That's fairly easy to do. And I
could talk with you privately about how to do
that.
That's -- this is addressing, you
know, Internet.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I actually know
how to stop getting junk mail. But my point
is you have channels by which you can do that.
I also believe that you can do this
by using various pieces of technology to block
this type of e-mail, from receiving this type
of e-mail.
And again, if this is akin to junk
mail, that's actually more of a federal
Interstate Commerce Commission issue than it
is a New York State issue; isn't that correct?
SENATOR RATH: I'm sorry, you had
4325
finished your question. Okay.
The fed hasn't done anything yet.
And so this is not unlike a number of other
circumstances where the states -- as I guess
we're calling it, the laboratories of
democracy -- have to move forward with
something that the fed has not taken under
their wing yet.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
The sponsor yields.
SENATOR DUANE: But if this kind
of e-mail was sent from another state into New
York State, would we have jurisdiction over
that?
SENATOR RATH: I'm advised that
that may be a point that might have to be
taken up in the courts.
But first of all, these people are
into illegal activity as they're moving
forward, and they've injected themselves into
New York State activity and New York State
4326
commerce. So when they're doing such
illegally, yeah, we may get into some kind of
an interstate commerce issue.
But in the meantime, if we were to
stand aside and not do anything, with the
possibility -- I mean not only on this front,
but on a number of fronts, because of the
possibility of something coming up with
interstate commerce, I think many pieces that
we have done over the years would not have
happened.
SENATOR DUANE: Mr. President, on
the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I think that
we're stepping into areas where as a state we
ought not to be.
I think the federal government
takes a pretty tough stance on states with -
interfering with interstate commerce. I'm not
aware -- and I may be wrong, but I'm not aware
of other states which have done this type of
legislation, because I think it calls into
question a whole host of issues ranging from
4327
how it is that someone would be able to e-mail
a mass advertisement out, no matter where it
would be going, as well as mistakes made about
names that are used and that sort of thing.
I do agree that there is some
malicious misuse of names. There certainly is
in the kind of mail that I get -- you know,
telephone directories which make believe
they're the Yellow Pages, but they're not, and
they just seek to get money. I think that
kind of thing does happen with e-mail, as it
does with the U.S. mail.
But again, I think that these are
issues having to do with interstate commerce
and the federal government and that we're
taking a step which we really should not be
taking on this particular matter,
well-intentioned though it is.
I also think that in the meantime
there is technology available to block spam on
people's business and personal computers. And
until this is really dealt with on a federal
level, I think we should not be inserting
ourselves into it.
I'll be voting no on this, Mr.
4328
President.
SENATOR RATH: Point of
refutation, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: The states of
Washington and California have civil statutes
that they've passed. And of course this is a
civil remedy that we're looking at here today.
And the states of Virginia and
North Carolina have criminal, penal-law
statutes that they've passed.
So we're not alone in this. I
mean, it's being looked at in a number of
places.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
4329
Duane.
SENATOR DUANE: Thank you, Mr.
President.
As I indicated, I'm going to be
voting no. But I do believe that even though
this legislation may have passed in other
states, both in a civil and criminal code,
that this is untested territory in the courts.
And I'm skeptical that this type of
legislation will hold up. Because, as I say,
it is an interstate commerce issue.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you please call up Calendar
Number 868.
ACTING PRESIDENT MEIER: The
4330
Secretary will read Calendar Number 868.
THE SECRETARY: Calendar Number
868, by Senator Volker, Senate Print 2273, an
act to amend the Executive Law, in relation to
civil actions.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested of
Calendar 868 by Senator Paterson.
SENATOR VOLKER: Mr. President,
the Court of Claims Act says that the
jurisdiction to hear all claims against state
officers or employees for torts committed in
the course of their employment shall be in the
Court of Claims.
What's happened is that over the
years, despite the law, cases have been
brought in Supreme Court and very often with
duplicative filings against members of the
state police in both the Court of Claims and
the Supreme Court.
One of the reasons is that some
people feel as if they can get a more
favorable decision in the Supreme Court. But
more than that, very often they don't comply
4331
with the filing rules in the Court of Claims,
and therefore use the Supreme Court rules to
make filings. And what some lawyers do is to
file both in the Court of Claims and in
Supreme Court, so that you have duplicate
filings.
And what this bill does is to avoid
the duplicative filings in -
ACTING PRESIDENT MEIER: Senator
Volker, can I interrupt you for a moment.
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
SENATOR VOLKER: All right,
that's nice. Now what do I do?
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Yeah, that's me.
4332
At any rate, that basically is it,
just to avoid duplicative filings.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
let me do this very quickly, because Senator
Volker has to run.
SENATOR VOLKER: Thank you.
SENATOR PATERSON: If he would
just yield for this quick question.
SENATOR VOLKER: Sure.
SENATOR PATERSON: Mr. President,
the question I have for Senator Volker is if a
person has a federal right of action, isn't
this somewhat precluded if we have it in the
Court of Claims where there's no jury trial?
SENATOR VOLKER: No. If you have
a federal action, you can always bring a
federal claim. There's nothing -- as I
understand it, there's nothing we can do under
the state rules to keep people from bringing a
federal action.
In fact, I think -- I believe, from
what I understand, you could bring an
action -- actually, right now you could
4333
probably bring an action in Supreme Court,
Court of Claims, and in federal court at the
same time, technically. Although the federal
court would probably hold off any decision or
any case until the state court cases were
terminated or were finished.
SENATOR PATERSON: Thanks.
SENATOR VOLKER: You're welcome.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I think the Trial Lawyers Association
appropriately points out that regardless of
the federal action, we're still going to be
really inhibiting the jury trials guaranteed
to all of us constitutionally if we ship this
to the Court of Claims where we don't have a
jury trial.
4334
So I would urge a no vote on this
bill.
ACTING PRESIDENT MEIER: Senator
Paterson will be recorded in the negative.
The Secretary will announce the
results -- I'm sorry, those voting in the
negative keep your hands up for a moment.
THE SECRETARY: Those recorded in
the negative on Calendar Number 868 are
Senators Breslin, Connor, Coppola,
DeFrancisco, Gentile, Hevesi, Onorato, M.
Smith, and Stavisky. Ayes, 47. Nays, 9.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would
request unanimous consent to vote in the
negative on Calendar 623, please.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 623.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1111, by Senator Nozzolio, Senate Print 1586B,
4335
an act to amend the Executive Law and the
General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1135, by Senator Hannon, Senate Print 6986, an
act to amend the Public Health Law, in
relation to licensure and testing of
applicants.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
4336
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1226, by Senator LaValle, Senate Print 4910,
an act to amend the Criminal Procedure Law, in
relation to designating.
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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1265, by Senator Hannon, Senate Print 7250, an
act to amend the Tax Law, in relation to
extending.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4337
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: I'm
sorry. Senator Paterson.
SENATOR PATERSON: May I have an
explanation on that bill.
ACTING PRESIDENT MEIER: Senator
Hannon, an explanation has been requested of
Calendar 1265 by Senator Paterson.
SENATOR HANNON: This bill, which
is being acted upon at the home rule request
of the county legislature in Nassau County,
would be the second continuation of a fee for
tourism promotion on Long Island.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Paterson, why do you rise?
SENATOR PATERSON: I wanted him
to take my picture, Mr. President.
(Laughter.)
ACTING PRESIDENT MEIER: Oh. And
I'm sure it will be a very nice one, too.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4338
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1268, by Senator Goodman, Senate Print 7515,
an act to amend the Penal Law, in relation to
concurrent and consecutive terms of
imprisonment.
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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1271, by Senator Rath, Senate Print 7680A, an
act to amend the Public Authorities Law and
Chapter 579 of the Laws of 1999.
4339
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1275, by Senator LaValle, Senate Print 7844,
an act to amend the Executive Law, in relation
to continuing.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
LaValle, an explanation has been requested by
Senator Hevesi of Calendar 1275.
SENATOR LAVALLE: Senator Hevesi,
a number of years ago we passed and put into
law legislation that would give to the -- for
the real estate brokers to allow the licensing
4340
agent to approve courses on the Internet or
distance learning.
This legislation is specifically
for appraisers and would give the Department
of State, which is the licensing agency, the
ability to approve continuing education
courses for licensed appraisers, that they -
on Internet courses or distance learning
courses.
That's the bill.
SENATOR HEVESI: Thank you.
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, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
4341
Number 868 and Calendar Number 1278, please.
I was out of the chamber.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative with regard to Calendars 868 and
1278.
Senator Fuschillo, that concludes
the controversial calendar.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, with the concurrence of the
Majority, I'd just like to ask for unanimous
consent to be recorded in the negative on
Calendar 868 and Calendar Number 1265, the
promotional fee or the tax masquerading as a
promotional fee.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative with regard to Calendars 868
and 1265.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, I would also request unanimous
consent to be recorded in the negative on
4342
Calendar 868.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 868.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may we please return to the reports
of standing committees. I believe there's a
report of the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1170A, by Senator
Meier, an act to amend the Education Law and
the Criminal Procedure Law;
1739, by Senator Breslin, an act to
amend the General Municipal Law;
2010, by Senator Padavan, an act to
amend the Penal Law;
3195B, by Senator LaValle, an act
4343
to amend the Education Law;
3393C, by Senator Lack, an act to
amend the Estates, Powers and Trusts Law;
4362B, by Senator Saland, an act to
amend the Surrogate's Court Procedure Act;
4594, by Senator Marchi, an act to
amend the Vehicle and Traffic Law;
4772A, by Senator Seward, an act in
relation to granting;
4999B, by Senator Balboni, an act
to amend the Insurance Law and the Public
Health Law;
6327, by Senator Wright, an act to
amend the Correction Law and the Executive
Law;
6383A, by Senator Alesi, an act to
amend the Penal Law;
6398, by Senator Skelos, an act to
amend the Criminal Procedure Law;
6466A, by Senator McGee, an act to
amend the State Finance Law and the Vehicle
and Traffic Law;
6480A, by Senator Seward, an act to
amend the Education Law;
6485, by Senator Maltese, an act to
4344
amend the Education Law;
6598, by Senator Skelos, an act to
amend the Retirement and Social Security Law;
6733A, by Senator Seward, an act to
amend the Insurance Law;
6742, by Senator Johnson, an act to
amend the Lien Law;
6827A, by Senator Skelos, an act to
amend the Education Law;
7010, by Senator Trunzo, an act to
amend the Highway Law;
7312, by Senator Maziarz, an act to
amend the Executive Law;
7388, by Senator Hannon, an act to
amend the Not-for-Profit Corporation Law;
7562A, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law;
7647A, by Senator Stafford, an act
to amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
7873, by Senator Oppenheimer, an
act in relation to legalizing;
7890, by Senator Padavan, an act to
authorize the Dormitory Authority;
7904, by Senator Larkin, an act to
4345
amend the Penal Law;
7916, by Senator Volker, an act to
amend the Executive Law;
7922, by Senator Lack, an act to
amend the Correction Law;
7925, by Senator Morahan, an act to
amend the Real Property Law;
7928, by Senator Rath, an act to
amend Chapter 812 of the Laws of 1942;
7932, by Senator Spano, an act to
amend Chapter 831 of the Laws of 1981;
7933, by Senator Spano, an act to
amend the Workers' Compensation Law;
7934, by Senator Spano, an act to
amend Chapter 491 of the Laws of 1993;
7940, by Senator Balboni, an act in
relation to authorizing;
7944, by Senator Velella, an act to
amend the Education Law;
1638B, by Senator Maltese, an act
to amend the Penal Law;
And 4691A, by Senator Goodman, an
act to amend the Penal Law and the Executive
Law.
All bills ordered direct to third
4346
reading.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I move to
accept the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee 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 Paterson.
SENATOR PATERSON: Mr. President,
with unanimous consent I'd like to be recorded
in the negative in the record on Calendar
Number 868.
ACTING PRESIDENT MEIER: Without
objection, Senator Paterson will be recorded
in the negative with regard to Calendar 868.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. Without objection, I would like
4347
unanimous consent to be recorded in the
negative on Calendars 354, 506, 863, and 868.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative with regard to Calendar
Numbers 354, 506, 863, and 868.
Senator Sampson.
SENATOR SAMPSON: Mr. President,
I'd like unanimous consent to be recorded in
the negative on 868.
ACTING PRESIDENT MEIER: Without
objection, Senator Sampson will be recorded in
the negative on Calendar 868.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
I also seek unanimous consent to be recorded
in the negative on 868.
ACTING PRESIDENT MEIER: Without
objection, Senator Lachman will be recorded in
the negative with regard to Calendar 868.
Senator Seabrook.
SENATOR SEABROOK: Yes, Mr.
President. With unanimous consent, I'd like
to be recorded in the negative on 354 and
Calendar 868.
4348
ACTING PRESIDENT MEIER: Without
objection, Senator Seabrook will be recorded
in the negative on Calendar 354 and 868.
Senator Ada Smith.
SENATOR ADA SMITH: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar Number
868.
ACTING PRESIDENT MEIER: Without
objection, Senator Ada Smith will be recorded
in the negative on calendar 868.
SENATOR VOLKER: Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: I want unanimous
consent to be recorded in the affirmative on
868.
(Laughter.)
ACTING PRESIDENT MEIER: Without
objection.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, can we please return to motions and
resolutions.
ACTING PRESIDENT MEIER: Motions
4349
and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: On behalf of
Senator Marchi, on page number 35 I offer the
following amendments to Calendar Number 992,
Senate Print Number 6981, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I offer the following amendments to
Calendar Number 1296, Senate Print Number
6742, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Mr.
President.
ACTING PRESIDENT MEIER: Senator
4350
Fuschillo.
SENATOR FUSCHILLO: Will you
please recognize the gentleman to my left,
Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
there will be a conference of the Minority at
9:30 -
(Commotion in chamber.)
SENATOR PATERSON: There will be
a very interesting conference of the Minority
tomorrow morning, June the 7th, 9:30 a.m., in
the Minority Leader's Conference Room.
ACTING PRESIDENT MEIER: There
will be a conference of the Minority, and
wailing and gnashing of teeth, tomorrow
morning at 9:30 in the Minority Conference
Room.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, there will be a meeting of the
Majority conference in the Majority Conference
Room tomorrow at 9:30 a.m. promptly.
ACTING PRESIDENT MEIER: There
4351
will be a meeting of the Majority conference
tomorrow morning at 9:30 a.m. in the Majority
Conference Room.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, there being no further business to
come before the Senate, I move we adjourn
until Wednesday, June 7th, at 10:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, June 7th, at 10:00 a.m.
(Whereupon, at 4:53 p.m., the
Senate adjourned.)