Regular Session - May 23, 2001
8104
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 23, 2001
11:11 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
8105
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, May 22, the Senate met pursuant to
adjournment. The Journal of Monday, May 21,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
8106
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam -- Mr.
President, on page Number 39 I offer the
following amendments to Calendar Number 667,
Senate Print 697, and ask that it be placed on
Third Reading Calendar, on behalf of Senator
Goodman.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR NOZZOLIO: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Thanks
for noticing.
SENATOR NOZZOLIO: On page 34, I
offer the following amendments to Calendar
Number 610, Senate Print Number 82, and ask
that it retain its place on Third Reading
Calendar, on behalf of Senator Hoffmann.
ACTING PRESIDENT MEIER: The
8107
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator McGee.
SENATOR McGEE: On behalf of
Senator Goodman, on page number 30, I offer
the following amendments to Calendar Number
562, Senate Print Number 3915, and ask that
said bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR McGEE: On behalf of
Senator Seward, please place a sponsor's star
on Calendar Number 312.
ACTING PRESIDENT MEIER: A
sponsor's star will be placed on Calendar 312.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Thank
you, Senator McGee.
Senator Skelos.
SENATOR SKELOS: Mr. President,
8108
there's a privileged resolution at the desk by
Senator Dollinger. May we have the title read
and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Dollinger, Legislative Resolution Number 1930,
honoring Herbert F. Ross upon the occasion of
his induction as President of the New York
State Association of Insurance and Financial
Advisors on May 24, 2001.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
8109
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
79, by Senator Goodman, Senate Print 721, an
act to amend the Tax Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
204, by Senator Spano, Senate Print 910, an
act to amend the Military Law and Chapter 606
of the Laws of 2000.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
210, by Senator LaValle, Senate Print 1103A,
an act to amend the Education Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
8110
215, by Senator Skelos, Senate Print 425, an
act to amend the Agriculture and Markets Law.
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
285, by Senator LaValle, Senate Print 1875, an
act to amend the Vehicle and Traffic Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
369, by Senator Morahan, Senate Print 2175, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
8111
bill aside.
THE SECRETARY: Calendar Number
436, by Senator Leibell, Senate Print 3297A,
an act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect July 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
466, by Senator Lack, Senate Print -
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
518, by Senator LaValle, Senate Print 3269, an
act to amend the Highway Law.
ACTING PRESIDENT MEIER: Read the
last section.
8112
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
538, by Senator Marchi, Senate Print 4004, an
act to amend the Public Authorities Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
552, by Senator Wright, Senate Print 1088, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
8113
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
586, by Senator Hoffmann, Senate Print 4886,
an act to amend the Agriculture and Markets
Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
663, by Senator Meier, Senate Print 1312, an
act to amend the Town Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
8114
793, by Member of the Assembly Gottfried,
Assembly Print Number -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
822, by Senator Maziarz, Senate Print 4057, an
act to amend the Not-for-Profit Corporation
Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
823, by Senator Marchi, Senate Print 4067, an
act to amend the Public Authorities Law and
the Environmental Conservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
8115
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
829, by Senator Bonacic, Senate Print 5119, an
act to amend Chapter 915 of the Laws of 1982.
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, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
831, by Senator Skelos, Senate Print 388, an
act to amend the Penal Law.
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.
8116
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
855, by Senator Lachman, Senate Print 3074, an
act to amend the Public Authorities Law.
SENATOR SKELOS: Lay it aside.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SKELOS: Lay it aside.
ACTING PRESIDENT MEIER: I'm
sorry, lay the bill aside.
THE SECRETARY: Calendar Number
863, by Senator Leibell, Senate Print 5082, an
act to amend the Highway Law.
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, 44.
ACTING PRESIDENT MEIER: The bill
8117
is passed.
THE SECRETARY: Calendar Number
864, by Senator Leibell, Senate Print 5083, an
act to amend the Highway Law.
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, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
SENATOR SKELOS: Mr. President,
if we could go to the controversial calendar,
8118
please.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
79, by Senator Goodman, Senate Print 721, an
act to amend the Tax Law, in relation to
requiring.
SENATOR PATERSON: Explanation.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
204, by Senator Spano, Senate Print 910, an
act to amend the Military Law and Chapter 606
of the Laws of 2000.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, an explanation has been requested of
Calendar 204.
SENATOR SPANO: Yes, Mr.
President.
Last year we passed a bill that
8119
would give employees who serve in a foreign
country on behalf of the United States
military to benefit from the same civil
service protection and pension credit
protection as any other public employees who
are serving in the military.
This is a chapter amendment to that
Chapter 606 of the Laws of 2000 that would
explicitly require police officers to seek
permission from their employers, which is the
currently the standard practice anyway, but
for administrative purposes puts this language
into the statute.
SENATOR SCHNEIDERMAN: Good
explanation.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Spano would yield for a question.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield for a question?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Is there a
8120
particular public policy that we are trying to
enforce by requiring this of police? In other
words, a particular need that is served by
doing that as opposed to any other line of
duty, any other profession?
SENATOR SPANO: No, what we're
attempting to do here is for those police
officers who have served -- and if you
remember, Senator, last year we had
representatives of those police officers who
did serve in foreign countries who were here
and who had not received that credit.
What this does is for
administrative purposes only. We're not
changing anything, any procedure. Because
right now the standard procedure in the law is
for the police officer to request permission
anyway.
But what the City of New York asked
for, and in the discussions between the
Assembly, the Senate, and the Governor's
office prior to the Governor signing this
statute, was that we agreed to do a chapter
amendment to put explicit language in there
requiring the police officers to seek
8121
permission.
So we're basically codifying in
statute what is the standard practice now.
SENATOR PATERSON: Mr. President,
I get it.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on this bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
210, by Senator LaValle, Senate Print 1103A,
an act to amend the Education Law, in relation
to establishing.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
8122
THE SECRETARY: Calendar Number
215, by Senator Skelos, Senate Print 425, an
act to amend the Agriculture and Markets Law,
in relation to detection dogs.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
Calendar 215 by Senator Paterson.
SENATOR SKELOS: Thank you.
Mr. President, this legislation
would define detection dogs and grant them the
same privileges under state law that is
afforded to other classes of working dogs,
such as Seeing Eye dogs.
Detection dogs are trained for the
purpose of detecting controlled substances,
explosives, firearms, cadavers, or school or
correctional facility contraband that are
often not visible by the human eye.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Skelos would yield for a question.
SENATOR SKELOS: Yes, Mr.
President, I do.
8123
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: What's the
difference between the working dogs that you
described and the police dogs? Is there a
delineation between the two in the law?
SENATOR SKELOS: Detection dogs,
Mr. President, if I could answer, are used
specifically for the purposes that I
enumerated.
SENATOR PATERSON: I think what
we're really getting at, Senator -- Mr.
President, if the Senator would indulge
another question.
SENATOR SKELOS: Yes, Mr.
President, I do indulge him.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: I'm just
trying to find out why the current law itself
doesn't cover these animals, since they are in
a sense employed or they are used by law
enforcement, so why they don't qualify.
I don't have any real problem with
the bill, I was just wondering why this
8124
doesn't already apply to the detection dogs.
SENATOR SKELOS: Mr. President,
if I could respond, these dogs could also be
used by private agencies, not just by police
agencies.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, if the sponsor
would yield for a few questions.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield for a question?
SENATOR SKELOS: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: My
question relates to the provision that makes
it unlawful for any person operating a place
of public accommodation to refuse access to
someone accompanied by a detection dog. What
kind of facilities does that cover?
SENATOR SKELOS: That could be a
restaurant. Basically, a restaurant. Like
Seeing Eye dogs, you're allowed to bring that
in with you to a restaurant.
8125
SENATOR SCHNEIDERMAN: Through
you, Mr. President, I understand the provision
with respect to Seeing Eye dogs.
But what is the basis for requiring
people to provide admission to a detection
dog? You know, unless there's some reason for
an officer conducting a search or something
like that.
Does this require that if an
officer has got his detection dog, or a
private security guard, coming off duty from
sniffing around, comes into a restaurant, the
restaurant owner can't bar him entry?
SENATOR SKELOS: Mr. President,
if I could respond, many times these dogs
travel a great distance with their handler, so
that they cannot just be left in a car. I'm
sure you would not want them left in a car
during the summer.
So because they serve a very
special purpose, I think it's appropriate for
them to be able to be in the same category as
a Seeing Eye dog.
SENATOR SCHNEIDERMAN: And
through you, Mr. President, a final question.
8126
Would -- I'm assuming detection
dogs don't start and stop their detection on
command and that they probably sniff around
for explosive devices or whatever they're
trained to sniff for wherever they are.
Are there issues raised with
respect to requiring the admission of a
detection dog, the fact that it could
constitute in some respects an unauthorized
search? Has that -- through you, Mr.
President, again, I'm sorry.
ACTING PRESIDENT MEIER: Senator
Skelos, do you continue to yield?
SENATOR SKELOS: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Has anyone
looked at that issue as far as unauthorized
entry without a warrant and issues that might
be raised by that?
SENATOR SKELOS: In my opinion,
it doesn't raise that problem.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, on the
bill.
8127
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
understand the basis for this.
I do have a concern about this
issue of requiring operators of public
accommodations to admit detection dogs. I
think we're, you know, on a slippery slope of
expanding the categories of dogs that you have
to have in a restaurant. And I'm not sure
that this at this point creates any public
health concerns or any concerns related to the
unauthorized search of a premises, but that is
an issue that I think we should keep our eyes
on.
I will vote to support this bill
with that caveat. Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
8128
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
285, by Senator LaValle, Senate Print 1875, an
act to amend the Vehicle and Traffic Law, in
relation -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
369, by Senator Morahan, Senate Print 2175, an
act to amend the Real Property Tax Law, in
relation to authorizing.
SENATOR MORAHAN: Lay that aside
for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day at the request of the
sponsor.
THE SECRETARY: Calendar Number
538, by Senator Marchi, Senate Print 4004, an
act to amend the Public Authorities Law, in
relation to increasing.
8129
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Marchi, an explanation has been requested of
Calendar 538 by Senator Paterson.
SENATOR MARCHI: This bill -- the
existing law authorizes the public authorities
to engage in competitive selection of vendors
when purchasing five or more thousand dollars.
This would raise it to $15,000. It's at the
request of the New York State Thruway
Authority.
And it doesn't -- if you want
competitive bidding at $5,000, then obviously
you won't vote for this. But we're talking
about de minimis and the wasteful investment
of energies and resources by not keeping in
tune with the market and other considerations
that go -- that warrant the invocation of
competitive bidding, which is more
time-consuming.
And the candle isn't worth the game
if you go much below the -- below what the
prevailing behavior of the market is.
ACTING PRESIDENT MEIER: Senator
Paterson.
8130
SENATOR PATERSON: Mr. President,
if Senator Marchi would yield for a question.
ACTING PRESIDENT MEIER: Senator
Marchi, do you yield for a question?
SENATOR MARCHI: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: De minimis
remanus [ph] lex, Senator.
SENATOR MARCHI: Pardon?
SENATOR PATERSON: I was just
thinking that even in spite of the fact that
it's not a substantial figure, that is there a
concern that a public authority, because it's
in many ways shielded from public
accountability and is in a sense operating on
its own, that we would just want to keep that
number at the lowest possible amount to just
ensure the integrity of the process.
Is this -- if you had a feeling on
that, I'd just like to hear it.
SENATOR MARCHI: Well, that's a
worthwhile consideration, Mr. President.
ACTING PRESIDENT MEIER: Excuse
me, Senator Marchi, one moment.
8131
Senator Skelos.
SENATOR SKELOS: Excuse me,
Senator Marchi.
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.
Excuses the interruption. Senator
March, the floor is yours, sir.
SENATOR MARCHI: It's a
worthwhile consideration, and I appreciate the
nuance that the Senator places on it.
But there is, in the invocation of
a competitive bidding process -- the
invocation of a competitive bidding process is
not very practical.
Now, would that be my figure? No.
This is what I received from the Department of
the State Thruway Authority. And in their
judgment, this would be a reasonable figure.
I'm not offended by that figure.
But the requirement that we have -
that we require every purchase, a pencil or an
8132
eraser or a piece of chalk, to competitive
bidding obviously falls.
So that it's reductio ad absurdum.
At what figure do you entertain some
elasticity? Since the Thruway Authority is
subject to review, and we go into their
budgets, I think that this -- it does not, on
its face, to me appear offensive. That's my
explanation.
Is that my figure? No, I really
don't know. But they say that $15,000 would
be a reasonable adjustment upward. And in
view of the behavior of the market, I feel
that this is not an unwarranted assumption.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Yeah, I'm
satisfied, Mr. President. I just am hoping
that that figure does not provide for what
would be unintentional in its request but
perhaps some abuse in the practice.
But based on how long we've had the
previous figure, $5,000, I'd say Senator
Marchi, as usual, is correct.
ACTING PRESIDENT MEIER: Any
8133
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
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, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
586, by Senator Hoffmann, Senate Print 4886,
an act to amend the Agriculture and Markets
Law and the Education Law, in relation to
purchases.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Hoffmann, an explanation has been requested of
Calendar 586 by Senator Paterson.
SENATOR HOFFMANN: Thank you,
Senator.
Senator Paterson, I'm happy to tell
you that this measure would allow New York
farm products to reach the schools in New York
8134
State in a much higher percentage than
presently is the case, providing an enormous
advantage both to the farmers who would like
to market their locally produced and grown
products as well as a higher nutritional
advantage to the students who presently have
school lunches.
Right now, the New York State
school meal program serves 1.5 million meals a
day, with a value over $500 million per school
year. This is a huge potential market for
New York farm products. But in point of fact,
right now much of that, most that goes to
out-of-state and frequently out-of-country
food products.
So we're very excited about the
possibility of capturing more of this market
at the same time that we improve the
nutritional benefit to the students of
New York State schools.
This measure is carried by
Assemblyman Ortiz in the Assembly.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
8135
if Senator Hoffmann would yield for a
question.
SENATOR HOFFMANN: I'd be pleased
to yield for a question.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: I was just
wondering, how do we always determine -- for
instance, some of the schools might buy frozen
products. And I think the real genesis of my
question is, are we requiring the schools to
purchase products that are grown in New York
State? And not that I necessarily would even
be opposed to that. It would be fine with me.
But if we are requiring, as opposed
to, I guess, insisting, then how does the
school become aware if the product is not
grown in New York State?
In other words, perhaps you might
just want to explain to me, is that a
complicated process or is that something
that's pretty reasonable for the school to be
able to determine?
SENATOR HOFFMANN: This actually
should be a fairly reasonable process. This
8136
better is explained in terms of marketing. It
represents a marketing opportunity for the
farmers and a consuming opportunity for the
schools that have not been correctly
identified.
The bill contains language which
directs the Department of Education and the
Department of Ag and Markets to coordinate
both these two aspects. With a survey of the
school lunch program needs, and a better
understanding of that opportunity, the farmers
of this state, with the assistance of Cornell
University and the Department of Ag and
Markets, can then better market to the
existing school lunch program.
There would be no requirement, per
se, to have a quota of New York State products
purchased. But the goal is such a laudable
one that both parties are very enthusiastic
about complying.
SENATOR PATERSON: And I'll
comply as well.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
8137
Read the 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
793, by Member of the Assembly Gottfried,
Assembly Print Number 7494A, an act to amend
Chapter 725 of the Laws of 19 -
SENATOR LARKIN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
822, by Senator Maziarz, Senate Print 4057, an
act to amend the Not-for-Profit Corporation
Law.
SENATOR LARKIN: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
8138
THE SECRETARY: Calendar Number
855, by Senator Lachman, Senate Print 3074, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Larkin.
SENATOR LARKIN: Mr. President,
we await the Finance Committee results.
How about the report of the Rules
Committee?
ACTING PRESIDENT MEIER: The
report of the Rules Committee has just
arrived, Senator.
SENATOR LARKIN: Please read the
report of the Rules Committee.
ACTING PRESIDENT MEIER: We'll
return to the order of standing committees.
8139
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1092, by Senator
Volker, an act to amend the Local Finance Law.
1720, by Senator Sampson, an act
authorizing the City of New York.
1963, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law.
2228, by Senator Volker, an act to
authorize the reopening.
3204, by Senator Saland, an act to
amend Chapter 797 of the Laws of 1871.
3299, by Senator Saland, an act to
establish.
3356A, by Senator Skelos, an act to
amend the Bay Park Library Services Act.
4236, by Senator Stafford, an act
to amend Chapter 688 of the Laws of 1955.
4268, by Senator Kuhl, an act
authorizing the City of Canandaigua.
5212, by Senator Bruno, an act to
authorize the Office of General Services.
5269, by Senator Marcellino, an act
8140
to amend the Environmental Conservation Law.
All bills ordered direct to third
reading.
SENATOR SKELOS: 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 is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a report of the Finance
Committee at the desk. I ask that it be read
at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 5361, by the Senate
8141
Committee on Rules, an act to amend Chapter 20
of the Laws of 2001.
ACTING PRESIDENT MEIER: Without
objection, directly to third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please take up Calendar 958 at this
time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 958.
THE SECRETARY: Calendar Number
958, by the Senate Committee on Rules, Senate
Print 5361, an act to amend Chapter 20 of the
Laws of 2001.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
8142
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Stafford, an explanation has been requested by
Senator Dollinger.
SENATOR STAFFORD: I thought it
was Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Dollinger is louder. He's the one I heard.
(Laughter.)
SENATOR STAFFORD: Thank you, Mr.
President.
This bill is easy to explain. It
is -- I won't say it's innocuous, but I will
say, rather, that it's very important. It
provides statutory extension to June 17th of
the Armory Rental deposit authorization, the
Lower Manhattan Commercial Revitalization
Program, and the authority of judges to
suspend the requirement for jury sequestration
in certain cases.
8143
I think that really, really -- as I
often say, that's a broad stroke with a
conceptual brush. I think that explains the
bill.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just on the
bill, briefly.
Anyone who has read Williston can
continue to draw that broad stroke with a
conceptual brush, Senator Stafford. And I
actually welcome it, as I'm sure Senator
Marchi does. So Williston lives.
Mr. President, I'm going to vote
against this bill. I've continued to vote
against the extenders. I think this is
astounding that we can get agreement. And I
know that there was an earlier conference
committee held, or at least attempted to be
convened by the Majority Leader here in the
Senate to get this process going. I know that
that is a continuation, and I can understand
the Majority Leader's continuing desire to see
if we can bring this budget together.
But I stand by my statement earlier
8144
this year, earlier this week -- it seems like
a year -- earlier this week when the question
is, when you get a marriage invitation, the
mere fact that you have an earnest bride or an
earnest groom, you need both parties to have
this marriage ceremony occur.
And once an invitation comes that
is for a marriage between two willing parties
to get together and do a budget, I'll be at
the conference committee, as I think all
Democrats will.
I think it's discouraging to the
people in this state that we have this
continuing need for extensions but we can't
seem to get the budget done itself.
And just a final word. I know -- I
gather that my bill on joint conference
committees was made something of a focal point
of the discussion this morning with Senator
Bruno. I am perfectly willing to let Senator
Bruno be the chief sponsor of the joint
conference committee bill, which I and I
believe 14 or 15 of my colleagues here in the
Senate support.
Senator Bruno wants to turn it into
8145
law so that we have an actual law that
requires joint conference committees and sets
up a process, as that bill does, for how to
convene a joint conference committee in
exactly the circumstances under which we are
today; that is, when bills pass both houses
but yet the houses are unwilling to convene
the committee themselves.
There's a way to break the logjam,
there's a way to do it. That bill does it. I
understand Senator Bruno put the bill up on
the screen at his discussion this morning. I
welcome Senator Bruno's embracing of
Assemblywoman Galef's bill and my bill, and we
look forward to the day when that becomes law.
And then we won't have the logjam, the very
logjam that now exists.
So my hope is that Senator Bruno
will send me a buck slip on the bill, and I'll
be glad to approve it, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Senator Stachowski.
SENATOR STACHOWSKI: Yes, very
briefly on this bill.
8146
A lot of these things we had
extended before. I think that they have a
major importance of being extended again.
They have an interest -- different parts of
this particular bill, although it's small in
nature, has impact on a lot of the members
that are on both sides of the aisle. And for
that reason, I think we should vote for it,
and I plan on voting yes.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
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: Those recorded in
the negative on Calendar Number 958 are
Senators Dollinger, Schneiderman, and A.
Smith. Ayes, 52. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
8147
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 79,
by Senator Goodman.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 79.
THE SECRETARY: Calendar Number
79, by Senator Goodman, Senate Print 721, an
act to amend the Tax Law, in relation to
requiring.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Goodman, an explanation has been requested of
Calendar 79 by Senator Paterson.
SENATOR GOODMAN: Mr. President,
this bill would require the Commissioner of
Taxation and Finance to report to the Governor
and the Legislature in one year with
recommendations concerning a method of
simplifying the income tax by allowing a
taxpayer to compute income tax liability as a
percentage of federal income tax liability,
with the aim of allowing taxpayers to file
income tax returns on a form as small as a
postcard.
8148
At the present moment, as you are
perhaps aware, Mr. President, since we've just
been through tax payment time, there are
serious difficulties in the preparation of tax
returns by our state's taxpayers.
Specifically, we have a situation in which
we've got a 16 -- we've got a long form for
non-itemizers of 43 lines, an instruction book
that accompanies it of 52 pages in length, and
a worksheet of 80 pages.
Obviously, a shorter form using a
more efficient means of computing the tax is
highly desirable, and that's the purpose of
this legislation, to mandate that the Tax
Department study this carefully and come back
within one year with an improved form.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Goodman would just
yield for one question.
SENATOR GOODMAN: Yes, I will,
Senator.
ACTING PRESIDENT MEIER: Senator
Goodman, do you yield for one question?
8149
He yields.
SENATOR DOLLINGER: Senator, the
concept of tax simplification seems to always
clash with the concept of tax relief, in the
sense, as you know, Senator Goodman -- I think
you've been an advocate and certainly a vote
in favor of child care deductions, earned
income tax credits, college tuition savings
plans, medical savings plans, all of those
tools that we've put in the tax code, the
Majority of this house has voted and approved,
to really -- which require greater
complication because they require more
accounting, more lines on the tax form for
each of those deductions.
My question is, how does this bill,
requiring to look at tax simplification,
doesn't it really clash with what we've done
and tried to do in enhancing income tax
benefits to particular groups of New Yorkers
who need help?
SENATOR GOODMAN: Senator, my
answer is a distinct negative. We would not
be working in the contrary fashion as you've
described in the slightest.
8150
In a sense, it's an improvement,
because by simplifying the form we make it
easier for people to take the deductions which
we encourage them to take for purposes of
their self-improvement and for relief from the
onerous tax laws that are now in existence.
Specifically, the legislation would
point to a way to a new and simplified method
of computing the tax by eliminating the
confusing current structure of tax rates and
base taxes and instead allowing the taxpayers
to make a simple calculation. Even the
fastest personal income tax form in existence
at the moment, the so-called "fast form," is
16 lines long and leaves control of
calculations in a state of considerable
confusion to the taxpayer.
I think any taxpayer wishing to
take advantage of the types of deductions you
mention is in a position to aggregate these
and to put them on a single line rather than
to enumerate them in the complex fashion
envisaged by the present law.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President.
8151
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I applaud the
goal that Senator Goodman articulates, and I
think it's a laudable one.
I'm just not so sure that as we
attempt to provide specific forms of tax
relief, especially for working families -- I
know, Senator Goodman, you've worked on this,
you're well familiar with this. Those types
of tax relief are all indigenous to New York
State. They may not be directly related to
the federal income tax return. We may have
other tax benefits for working families that
don't show up in the federal return.
So as a consequence, the
simplification of either using the federal
return and taking a percentage of that and
paying it to the state may not work. As well
as the decrease in complexity or trying to
simplify the tax code may mean that people
don't get the benefit of all the types of tax
relief that this house has put in effect in
the eight or nine years that I've been here
alone.
8152
I'm going to vote in favor of the
bill, because certainly we should rely on our
experts through the Tax and Finance Department
to try to figure out how to balance that. But
quite frankly, Senator Goodman, I hope that
that's what they've been doing for the last
ten years, trying to figure out how to make it
relatively simple and at the same time achieve
the complex goal of providing directed tax
relief to specific portions of the New York
State electorate who need it.
We in this house I think have done
a reasonably good job of providing that
targeted tax relief. And my concern is that
simplification should not be the guise under
which we reduce that targeted tax relief to
especially needy New Yorkers, New Yorkers that
have very specific goals in their life that we
believe comport with the overall goal of this
state, whether it's financing college
education or providing daycare services or
providing adequate funds for health care.
So I recognize, Senator Goodman,
the intention. But I think this is an area in
which my hope is that the Tax and Finance
8153
Department is doing this job which you're
asking them to do all the time. This I know
simply requires a report. But I don't think
we should forget that simplification doesn't
necessarily mean less tax. Sometimes it's
going to be complex, but that's the nature of
the way we target our tax relief to
New Yorkers.
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: Just -- if
Senator Goodman would yield for just one
question.
ACTING PRESIDENT MEIER: Senator
Goodman, do you yield for a question?
SENATOR GOODMAN: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR STACHOWSKI: Senator, in
reading your bill, couldn't the Tax Department
do this kind of change or even a report on
this kind of change just by a request of your
Investigations Committee, as opposed to having
to pass legislation in both houses to get this
done?
8154
SENATOR GOODMAN: As you know,
Senator, some years ago we declared war on
complexity in tax reporting as a basically
very difficult, convoluted issue that many of
the constituencies around the state had to
deal with.
And I'm not yet fully satisfied, as
I hope to be in the near future, by the amount
that's been done to create an adequate short
form. There are certain objections to it that
have been amply discussed by your colleague.
But the fact is, all this bill does
is to mandate that a study be made and that
they come back within a year, having intensely
examined this to see in what way the
simplifications which can exist under present
law without impairing the deductions described
by the Senator can be undertaken. And that's
exactly its purpose.
SENATOR STACHOWSKI: Thank you.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
Senator Goodman probably will be surprised
when I -- in going back over the years, when
8155
he was -- you were with Finance, you were in
charge of Finance under the administrations of
'65 to '70. At that time, corporate taxes
were levied on the basis of total activity,
even if they lost money.
And it was Senator Goodman, then
commissioner, who prompted them to move to
profits. As a result, profits increased. And
the heavy foot that was on the corporate
endeavor got some relief. And they, in turn,
became contributors to this tax system.
So there are large presumptions
that go when he gets up on one of these bills.
And I'm certainly very much in favor of its
enactment.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
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.
8156
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
793, by Member of the Assembly Gottfried,
Assembly Print Number 7494A, an act to amend
Chapter 725 of the Laws of 1989.
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 SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, I
believe we have a motion, Senator.
Senator Farley.
8157
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator DeFrancisco, I
offer the following amendments to these Third
Reading Calendar bills: Page 5, Calendar 64,
Senate Print 470.
On behalf of Senator McGee, page
55, Calendar 837, Senate Print 3520.
On behalf of Senator Wright, page
58, Calendar 877, Senate Print 5206.
On behalf of Senator Kuhl, on page
60, Calendar 895, Senate Print 1629.
I offer these amendments and I ask
that these bills retain their place.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I believe at the desk there is a
written notice of a motion to amend the Rules
of the Senate. That notice is given pursuant
to Rule XI, and it seeks to add a new rule,
XV, which will set ethical standards for
8158
members, officers, and employees of the
Senate. I ask that it be filed in the
Journal.
ACTING PRESIDENT MEIER: The
notice is at the desk, and it will be filed in
the Journal.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on today's active list I inadvertently starred
Calendar Number 312, by Senator Seward. And
with the consent of the Minority, if we could
take the bill up at this time.
ACTING PRESIDENT MEIER: Without
objection, the star is removed.
The Secretary will read.
THE SECRETARY: Calendar Number
312, by Senator Seward, Senate Print 2810, an
act to amend the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
8159
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until Tuesday, May 29th, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, May 29th, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 12:00 p.m., the
Senate adjourned.)