Regular Session - June 12, 2001
9146
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 12, 2001
11:12 a.m.
REGULAR SESSION
SENATOR MICHAEL A.L. BALBONI, Acting President
STEVEN M. BOGGESS, Secretary
9147
P R O C E E D I N G S
ACTING PRESIDENT BALBONI: 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.)
ACTING PRESIDENT BALBONI: Thank
you for the help.
In the absence of clergy, I would
ask that we all bow our heads for a moment of
silent reflection.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT BALBONI:
Reading of the Journal.
THE SECRETARY: In Senate,
Monday, June 11, the Senate met pursuant to
adjournment. The Journal of Sunday, June 10,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT BALBONI:
Without objection, the Journal stands approved
as read.
9148
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Seward, on
page number 13 I offer the following
amendments to Calendar Number 310, Senate
Print Number 1810, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT BALBONI: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MEIER: Thank you, Mr.
President.
Also on behalf of Senator Seward, I
wish to call up his bill, Senate Print Number
9149
1575, recalled from the Assembly, which is now
at the desk.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
89, by Senator Seward, Senate Print 1575, an
act to amend the Insurance Law.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT BALBONI: The
Secretary will call the roll upon
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT BALBONI: The
amendments are received and adopted.
SENATOR MEIER: Thank you, Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. I'd like to announce that there
9150
will be an immediate meeting of the Judiciary
Committee in the Majority Conference Room,
Room 332.
ACTING PRESIDENT BALBONI: There
will be an immediate meeting of the Judiciary
Committee in Room 332.
Senator Kuhl.
SENATOR KUHL: Are there some
substitutions at the desk?
ACTING PRESIDENT BALBONI: Yes,
there are, Senator.
SENATOR KUHL: Would you make
those substitutions, please.
ACTING PRESIDENT BALBONI: The
Secretary will read the substitutions.
THE SECRETARY: On page 6,
Senator Lack moves to discharge, from the
Committee on Rules, Assembly Bill Number 7792
and substitute it for the identical Senate
Bill Number 795, Third Reading Calendar 101.
On page 18, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1768A and substitute it
for the identical Senate Bill Number 2628A,
Third Reading Calendar 421.
9151
On page 34, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7805A and substitute it
for the identical Senate Bill Number 4127A,
Third Reading Calendar 715.
On page 38, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7699A and substitute it
for the identical Senate Bill Number 3751A,
Third Reading Calendar 782.
On page 50, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2298A and substitute it
for the identical Senate Bill Number 877A,
Third Reading Calendar 1073.
On page 50, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 2842A and substitute it
for the identical Senate Bill Number 1760A,
Third Reading Calendar 1074.
On page 50, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6760A and substitute it
for the identical Senate Bill Number 2387B,
Third Reading Calendar 1077.
9152
And on page 50, Senator Maltese
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8615 and
substitute it for the identical Senate Bill
Number 3542, Third Reading Calendar 1082.
ACTING PRESIDENT BALBONI: The
substitutions are so ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. At this time could we adopt the
Resolution Calendar, with the exception of
Resolution Number 2407.
ACTING PRESIDENT BALBONI: All
those in favor of adopting the Senate
Resolution Calendar, with the exception of
Resolution 2407, please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI:
Opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
calendar is so adopted.
Senator Kuhl.
SENATOR KUHL: Now, will the
Secretary please read the title to Resolution
9153
2407, and I move for its immediate adoption.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: By Senator
Fuschillo, Legislative Resolution Number 2407,
memorializing Governor George E. Pataki to
proclaim October 2001 as Domestic Violence
Cell Phone Turn-In Month in the State of
New York.
ACTING PRESIDENT BALBONI: In
keeping with our usual custom, this resolution
will be open for cosponsorship. Any member
not wishing to be on the resolution please
notify the desk.
On the resolution, all those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI:
Opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
resolution is so adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. May we now have the
9154
noncontroversial reading of the calendar,
please.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
48, by Senator Morahan, Senate Print 371, an
act to amend the Military Law, in relation to
modernizing.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
133, by Senator Lack, Senate Print 1263A, an
act to amend the Labor Law, in relation to
direct sellers.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
9155
that bill aside.
THE SECRETARY: Calendar Number
425, by Senator Johnson, Senate Print 3258A,
an act to authorize the West Babylon Church.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay it
aside.
THE SECRETARY: Calendar Number
459, by Senator Volker, Senate Print 2830A, an
act to amend the Criminal Procedure Law, in
relation to access to court records.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
9156
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
591, by Senator Balboni, Senate Print 3025A,
an act authorizing the assessor of the County
of Nassau.
ACTING PRESIDENT BALBONI: Read
the last section.
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT BALBONI: What
was that, Senator?
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT BALBONI: Are
you sure?
(Laughter.)
ACTING PRESIDENT BALBONI: The
bill is laid aside.
The Secretary will read.
THE SECRETARY: Calendar Number
658, by Senator Saland, Senate Print 4595, an
act to amend the Family Court Act and the
Social Services Law, in relation to
conditional surrenders.
ACTING PRESIDENT BALBONI: Read
9157
the last section.
THE SECRETARY: Section 12. This
act shall take effect on the 90th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
661, by Senator Saland, Senate Print 4893, an
act to amend the Domestic Relations Law and
the Family Court Act, in relation to changing.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
773, by Senator Kuhl, Senate Print 4211, an
act authorizing the Town of Erwin, Steuben
County.
ACTING PRESIDENT BALBONI: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 4. This
9158
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
845, by Senator Volker, Senate Print 4048, an
act to amend the Penal Law, in relation to the
possession and sale of firearms.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
878, by Senator Morahan, Senate Print 2878B,
an act authorizing the Greenwood Lake Union
Free School District.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Lay that one
aside.
9159
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
963, by Senator Saland, Senate Print 3204A, an
act to amend Chapter 797 of the Laws of 1871.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1054, by Senator Stachowski, Senate Print
1251, an act to amend the Public Authorities
Law, in relation to the tax-exempt status.
SENATOR STACHOWSKI: Lay it aside
for the day, please.
ACTING PRESIDENT BALBONI: Lay it
aside for the day.
SENATOR STACHOWSKI: Thank you.
THE SECRETARY: Calendar Number
9160
1059, by Senator Alesi, Senate Print 3376, an
act to amend the Insurance Law, in relation to
the personal income tax deductibility.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1072, by Senator Maltese, Senate Print 367A,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT BALBONI: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
9161
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1073, substituted earlier today by Member of
the Assembly Koon, Assembly Print Number
2298A, an act to authorize the town of
Perinton.
ACTING PRESIDENT BALBONI: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1074, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
2842A, an act to amend the Village Law, in
relation to permitting.
ACTING PRESIDENT BALBONI: Read
9162
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1076, by Senator Breslin, Senate Print 2219A,
an act to authorize the Town of Colonie.
ACTING PRESIDENT BALBONI: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1077, substituted earlier today by Member of
9163
the Assembly Schimminger, Assembly Print
Number 6760A, an act to amend the Real
Property Tax Law, in relation to designating.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1078, by Senator Leibell, Senate Print 2499A,
an act to amend the Real Property Tax Law, in
relation to providing.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT BALBONI: The
bill is laid aside.
THE SECRETARY: Calendar Number
1079, by Senator Padavan, Senate Print 2574,
an act to amend the Penal Law, in relation to
the piercing and branding.
9164
ACTING PRESIDENT BALBONI: Read
the last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
aside that bill.
THE SECRETARY: Calendar Number
1080, by Senator Larkin, Senate Print 2655A,
an act to amend the General Municipal Law and
the Town Law, in relation to the continuation.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect 180 days.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1081, by Senator Kuhl, Senate Print 3325B, an
act to amend the Real Property Tax Law, in
relation to providing.
SENATOR HEVESI: Lay it aside,
9165
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
1082, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8615, an act to amend the Real Property
Law, in relation to the definition of
qualified leasehold condominiums.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
1083, by Senator LaValle, Senate Print 3797,
an act to amend the Environmental Conservation
Law, in relation to road-front core
preservation.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
9166
that bill aside.
THE SECRETARY: Calendar Number
1084, by Senator Skelos, Senate Print 3877, an
act to amend the Local Finance Law, in
relation to providing.
ACTING PRESIDENT BALBONI: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1085, by Senator Padavan, Senate Print 4061A,
an act to amend the Highway Law, in relation
to designating.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
9167
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1086, by Senator Volker, Senate Print 4282, an
act in relation to authorizing.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1087, by Senator Nozzolio, Senate Print 4527,
an act to amend the Public Housing Law, in
relation to members.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
9168
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1088, by Senator Trunzo, Senate Print 4599, an
act to amend the Vehicle and Traffic Law, in
relation to commercial driver license.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1089, by Senator Trunzo, Senate Print 4670, an
act to amend the Highway Law, in relation to
the power of the Commissioner of
9169
Transportation.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1090, by Senator Velella, Senate Print 4721A,
an act to amend the Real Property Law, in
relation to penalties.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the same date as
Chapter 607 of the Laws of 2000.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
9170
bill is passed.
THE SECRETARY: Calendar Number
1092, by Senator Johnson, Senate Print 5260,
an act to amend Chapter 672 of the Laws of
1993.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1093, by Senator Velella, Senate Print 5332,
an act to amend the General Business Law, in
relation to the sale of new or secondhand
property.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect -
SENATOR PATERSON: Lay it aside.
9171
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
1094, by Senator Meier, Senate Print 5343, an
act to amend the Education Law, in relation to
the practice of audiology.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1095, by Senator McGee, Senate Print 5364, an
act to amend the Highway Law, in relation to
designating.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
9172
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1096, by Senator DeFrancisco, Senate Print
5398, an act to amend the Parks, Recreation
and Historic Preservation Law.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1097, by Senator Trunzo, Senate Print 5401 -
SENATOR TRUNZO: Lay it aside.
ACTING PRESIDENT BALBONI: Lay
that bill aside, by the sponsor.
Senator, is it for the day?
9173
SENATOR TRUNZO: For the day, Mr.
President.
ACTING PRESIDENT BALBONI: Lay
the bill aside for the day.
THE SECRETARY: Calendar Number
1098, by Senator McGee, Senate Print 5422, an
act to amend the Town Law and the Public
Officers Law, in relation to providing.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1099, by Senator Lack, Senate Print 5424, an
act to amend -
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT BALBONI: Lay
that bill aside for the day.
9174
THE SECRETARY: Calendar Number
1102, by Senator Nozzolio, Senate Print 5429,
an act to authorize the State of New York.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1103, by Senator Nozzolio, Senate Print 5430,
an act to amend the Education Law, in relation
to reimbursement.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
9175
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1104, by Senator Meier, Senate Print 5432, an
act to amend the Civil Rights Law, in relation
to public officials.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
THE SECRETARY: Calendar Number
1109, by Senator Fuschillo, Senate Print 5476,
an act to amend the Vehicle and Traffic Law
and the Penal Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
Senator Kuhl, that completes the
reading of the noncontroversial calendar.
SENATOR KUHL: Yes, Mr.
9176
President. Could you call up Calendar Number
845, Senate Print 4048, by Senator Volker,
please.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
845, by Senator Volker, Senate Print 4048, an
act to amend the Penal Law, in relation to the
possession and sale of firearms.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT BALBONI:
Senator Volker, an explanation has been
requested by Senator Paterson.
SENATOR VOLKER: Mr. President,
this is a Governor's program bill which deals
with the number of illegal firearms that are
either possessed or sold. There has been a
lot of publicity around the fact that the
state police and the federal authorities have
confiscated a large amount of illegal firearms
that are coming in from other states.
Now, understand, these are not
firearms that ordinary, average people are
involved with. This is really a bill that
deals with the arms business. And we know
9177
that there's an arms business that's going on,
that goes on in this state and goes on in just
about every state in the union. And some of
it relates to arms that are coming from
overseas.
And what this bill does is to
upgrade the penalties for the illegal sale of
firearms. It moves -- it essentially, I
believe, moves the penalty up one notch. For
instance, the illegal sale of a single firearm
is a D felony, and 10 or more is a C. What
this bill would do is essentially move it up,
the illegal sale of 10 or more, would move it
up to a B felony and make it a more serious
offense.
And therefore, where there are
multiple, large numbers of firearms that are
confiscated and/or sold, it would increase the
penalties essentially by one degree. So that
a person or persons involved -- and usually
it's persons -- could go to jail for an even
longer period of time if they're dealing in
illegal firearms.
ACTING PRESIDENT BALBONI:
Senator Paterson, is that explanation
9178
satisfactory?
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, will the sponsor yield just to one
question?
ACTING PRESIDENT BALBONI:
Senator Volker, do you yield?
SENATOR VOLKER: Certainly.
SENATOR DOLLINGER: Senator, I
noticed in reading through the memorandum of
support on this, and the Governor's program
bill talks about 75 percent or so of the guns
that are found and confiscated in New York
State come from five states: Florida,
Georgia, North Carolina, South Carolina, and
Virginia.
SENATOR VOLKER: Yes.
SENATOR DOLLINGER: Are you aware
of any discussions between the administration
or the attorney general in those states about
that problem?
And this bill is attaching
penalties to people that bring these guns into
New York State. Is there any way that we can
cut off this flow of weapons?
9179
Because I know this has been an
issue you and I have discussed a number of
times, and that we end up with a flood of
these, for want of a better term -- I think
you described them, they're arms merchants.
They deal in small-caliber weapons and weapons
that can fit in the back of a trunk.
As you know, I've stood on this
floor a number of times and said they end up
in the streets of Rochester being used for
nefarious purposes.
And I just wonder, is -- I'm going
to vote in favor of this bill as a gun
trafficking bill to try to stem the flow when
it gets here. But is there any sense that we
can do something to stop them from coming?
SENATOR VOLKER: Senator, there
are discussions going on.
I think part of the problem here -
and by the way, being perfectly honest, as I
very often am, some of the pro-gun people are
not happy about this bill, because they're so
unhappy with the legislation that passed last
year that they have this idea that somehow -
the bill last year was confusing to them that
9180
somehow this might have to do with legal gun
owners. This is ridiculous.
This is about the illegal
trafficking of guns. We know it happens.
This has nothing to do with people who are
honest, everyday citizens.
The answer to you is that the State
Police I know are having discussions, along
with the FBI and the federal people, on the
issue of guns that are coming up from these
certain states in the South. And in fact,
there have been some large confiscations of
guns.
And I think part of this
legislation came from the result of that,
because -
ACTING PRESIDENT BALBONI: Excuse
me, Senator Volker.
Could we please have a little
quiet. It's hard for the chair to hear.
Thank you, Senator Volker.
SENATOR VOLKER: -- I think they
found that the penalties for huge numbers of
guns was essentially no different than the
penalty in some cases for one or two. And as
9181
a result, that I think is part of where this
came from.
I think all the law enforcement
people want more teeth in the law when dealing
with some of these illegal arms dealers. And
I think they are trying -- and as you know, in
the budget is a proposal for what do they call
it, SWIFT, or whatever it is, to try to set up
a special squad that is designed to deal with
the issue.
And really what they're designed to
do is to deal not with street violence as much
as the big issues of the enormous number of
guns that are illegally flooding into some of
our cities and which is creating not problems
for ordinary citizens -- except for the fact
it is creating problems for ordinary citizens
because of crimes.
SENATOR DOLLINGER: Right.
SENATOR VOLKER: And so I think
the answer is yes, there is an attempt being
made to deal with this issue. And this bill
is in a sense part of that attempt, so that if
they nab people with huge amounts of guns that
they can prosecute them to the fullest extent
9182
of the law, along with the federal government.
Which is because sometimes you get
these guns and it's difficult to prove the
interstate nature of their travel. So if you
get them with a ton of guns in New York, for
instance, you can charge them under this
statute.
SENATOR DOLLINGER: Thank you.
Mr. President, just briefly on the
bill.
ACTING PRESIDENT BALBONI:
Senator Dollinger, on the bill.
SENATOR DOLLINGER: I join with
Senator Volker's sentiments about prosecution
here in New York, that the essence of this
bill is to increase penalties to send a clear
message to those who are illegally trafficking
in large amounts of weapons that New York will
not tolerate their behavior.
The reason why I asked Senator
Volker the question about other states is
because it seems to me, Senator Volker -- and
this is really the next step beyond this
bill -- we have to find a way to take the
economic advantage out of this process.
9183
Someone in Florida, South Carolina,
Georgia, North Carolina, and Virginia is
selling large amounts of guns to people who
are bringing them to New York State. And it
seems to me that we have to find a way to say
to those states: You can't be selling these
weapons, legally or illegally, and having them
end up in New York, because here the
concentration of those weapons violates our
laws.
And we have to find some way to
take the economic benefit of the bargain out
of the illegal gun dealers in Florida,
Georgia, South Carolina, North Carolina, and
Virginia. I, for one, am absolutely tired of
hearing about people who die in the city of
Rochester from a gun that finds its origin in
a gun show in Norfolk, Virginia. That just
doesn't -- something about that doesn't strike
me correct.
And it would seem to me that if
these were foreign nations rather than states
that were importing weapons that were killing
the kids in New York or killing the kids in
America, we would say to these foreign
9184
nations: Stop doing it.
And I would suggest that what we
need to do, in addition to passing this bill,
is to have the Attorney General and the
Governor of this state contact the governors
of those states and say: We will no longer
tolerate you exporting large amounts of
weapons into our state that are illegal in our
state.
And I think that's what we need to
do. Whether it's an interstate compact for
weapons control, whether it's an interstate
police agreement that's necessary to police
both what happens there and here, we need
better coordination with these states that are
bringing illegal weapons to New York.
And I want to reiterate one thing
for all my friends in the NRA and elsewhere.
Senator Volker, I agree with your assessment.
This bill does not affect legitimate gun
owners. This is about people trafficking in
weapons that are illegal under New York State
law.
And I support the rights of gun
owners to possess weapons for self-protection
9185
and for hunting. But this kind of instance,
where they're packing many kinds of weapons in
the back of a trunk of a car in Georgia and
trafficking them in the neighborhoods in
Rochester or elsewhere in this state, is
against our public policy, it creates crime
and violence in our cities, and, frankly, we
ought to stop it both by passing this bill and
by contacting these governors and telling them
to work together with us to put an end to it.
ACTING PRESIDENT BALBONI: Does
any other Senator wish to be heard on this
bill?
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Mr. President,
9186
could we return to the reports of standing
committees. I understand there's a report
from the Judiciary Committee at the desk. Can
we have that read at this time.
ACTING PRESIDENT BALBONI: Return
to reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination:
As a justice of the Supreme Court
of the Ninth Judicial District, Robert A.
Spolzino, of Mount Kisco.
ACTING PRESIDENT BALBONI:
Senator Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Robert A. Spolzino, of Mount Kisco, who has
been nominated by Governor Pataki to be a
Justice of the Supreme Court of the Ninth
Judicial District.
Mr. Spolzino's credentials have
been examined by the staff of the committee;
they were found to be excellent. He appeared
9187
a few minutes earlier before the full
Committee on the Judiciary, and again his
record was found to be excellent, and he was
unanimously moved to the floor.
And I most respectfully yield to my
friend and colleague Senator Spano for
purposes of a second.
ACTING PRESIDENT BALBONI: Thank
you, Senator Lack.
Senator Spano.
SENATOR SPANO: Thank you, Mr.
President.
It is indeed my pleasure today to
get up and to second the nomination of Bob
Spolzino for Supreme Court. We have had a
number of discussions about the possibility of
Bob becoming a Supreme Court judge, so many
discussions that we weren't ever sure if we
were going to get to this day.
But it's a proud day for him, the
members of his family. His wife, Joann, is
here; his son, Ricky, is here; his mom and
dad, Dr. Spolzino and Mrs. Spolzino; his aunt
and his uncle; his brother Richard; and his
mother-in-law and father-in-law, Mr. and
9188
Mrs. Joe Valli, and his entire family.
Let me just say that we are very
proud of Bob in Westchester County for the
role that he's continued to play in our
community in Westchester. He's got a long
record in terms of his experience, going back
to the early '80s, serving as a confidential
law secretary to the Appellate Division,
working for a number of judges locally,
serving as the village attorney in Mount
Kisco. He has served as the deputy village
attorney and the town prosecutor in that town
as well, has got an experience as a partner of
Wilson Elser, and has served them well.
As well as the fact that the best
qualification of all was that he served as my
assistant counsel for a long time and I taught
him everything that he knows. So he has got
the -- not everything that I know, just
everything that you know. You know that one.
But it is my pleasure today to
second the nomination of someone who we can
all be proud of, his family certainly can be
proud of. We should thank the Governor for an
outstanding appointment for someone who has
9189
got the energy, certainly has the right
temperament to be a judge of the Supreme
Court.
And, Mr. President and my
colleagues, I ask very sincerely for an
enthusiastic confirmation of Judge Bob
Spolzino.
Thank you.
ACTING PRESIDENT BALBONI: Thank
you, Senator Spano.
The chair recognizes Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
And I'm going to join Senator Spano
in his comments and thank and congratulate the
Governor for once again sending us such a fine
name, such a fine nomination.
I've had the good fortune to know
Bob Spolzino over the course of many years
now. I've known him in his capacity here
representing the interest not only of
Westchester County but all of my constituents,
and I've known him as a private attorney.
I've known of his activity as a municipal
9190
attorney, his activity with our local bar
association.
He is eminently qualified to assume
this position. As we look at all the
ingredients and qualifications we would wish
to see in a judge, we certainly have that here
today in front of us with Bob Spolzino. He's
well qualified, he'll be an outstanding judge,
and we wish him well.
ACTING PRESIDENT BALBONI: The
question is on the nomination of Robert
Spolzino, of Mount Kisco, as a Justice of the
Supreme Court of the Ninth Judicial District.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI:
Opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI:
Congratulations. The nominee is hereby
confirmed. And I'm pleased to announce that
Robert A. Spolzino, of Mount Kisco, is now a
Justice of the Supreme Court in the Ninth
Judicial District.
Congratulations.
9191
(Applause.)
ACTING PRESIDENT BALBONI:
Joining Judge Spolzino -- sounds nice, doesn't
it? With him in the chamber today is his
wife, Joann, his son, Richard, and his
parents, Dr. and Mrs. Richard Spolzino.
Congratulations again. I hope you
enjoy the day.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could we now call up Senator
Lack's bill, Calendar Number 133, and then
proceed in regular order.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
133, by Senator Lack, Senate Print 1263A, an
act to amend the Labor Law, in relation to
direct sellers.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT BALBONI:
Senator Lack, an explanation has been
requested from Senator Paterson.
SENATOR LACK: Thank you, Mr.
President.
9192
This is a bill that has five times
previously passed the Senate on
noncontroversial, either by 59 to zero or 51
to 4 or votes in between there. It pertains
to direct sellers.
And the only difference this year
from last year is since the federal government
and the federal legislature, the Congress,
amended TEFRA, the Tax Equity and Fiscal
Responsibility Act, adding distributors of
newspapers and shopping news, we have
incorporated those amendments this year in our
own direct sellers bill.
Other than that, it remains the
same as it has for the last five years.
ACTING PRESIDENT BALBONI:
Senator Paterson, was that explanation
satisfactory?
SENATOR PATERSON: It was
perfect, Mr. President. I hope it satisfied
you as well.
ACTING PRESIDENT BALBONI: Thank
you.
Any other Senators wishing to be
heard?
9193
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
The Secretary will read in regular
order.
THE SECRETARY: Calendar Number
425, by Senator Johnson, Senate Print 3258A,
an act to authorize the West Babylon Church of
God.
ACTING PRESIDENT BALBONI:
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I'll waive the explanation from
Senator Johnson. This bill has a familiar
ring to it.
I would just like to declare that a
meeting of the special super-assessment board
9194
of the State of New York is now in session.
You can all vote aye on this tax exemption,
and you can continue to function as the
super-special assessment board necessary to
rectify the problem for this well-deserving
charitable entity that's entitled to a tax
exemption, that did everything proper except
it failed to file the property tax exemption.
So with all due respect to all my
colleagues, if all of you want to be a
super-assessment board, continue to do this.
If you don't, let's bring forth the bill that
will cure this problem.
I understand that the presiding
officer has a similar bill. I'll waive an
explanation when we get to that one. I'll
even waive commenting about it and just say
I'm going to vote against that one too. I'm
going to continue to vote against them until
we change the law the way we should.
I wasn't elected to be a
super-assessor. I'm a Senator, and I'd like
to do the Senate's business instead.
No.
ACTING PRESIDENT BALBONI: Thank
9195
you, Senator Dollinger.
Any other Senator wish to be heard
on this issue?
Apparently not. Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
591, by Senator Balboni, Senate Print 3025A,
an act authorizing the assessor of the County
of Nassau.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
9196
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
661, by Senator Saland, Senate Print 4893, an
act to amend the Domestic Relations Law and
the Family Court Act, in relation to changing.
SENATOR DOLLINGER: Explanation,
Mr. President, please.
ACTING PRESIDENT BALBONI: Could
we please reduce the volume of noise in the
chamber.
Senator Saland, an explanation has
been requested.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, this is a relatively
simple bill that eliminates in certain
sections of both the Domestic Relations Law
and the Family Court Act use of the term
"visitation" and replaces it with the term
"parenting time."
9197
What it intends to do is to say
that noncustodial parents, when they spend
time with their children pursuant to either
separation agreements or custody arrangements,
are not visitors, as would seem to be connoted
by the term "visitation," nor are they akin to
people who might visit somebody who is
institutionalized. They are in fact parents
who are engaging in time as parents with their
children.
It's a bill that this house has
seen on three separate occasions, passing by
overwhelming majorities in each and every
instance.
ACTING PRESIDENT BALBONI:
Senator Oppenheimer, why do you rise?
SENATOR OPPENHEIMER: If the
sponsor would yield for a question or two.
ACTING PRESIDENT BALBONI:
Senator Saland, do you yield?
SENATOR SALAND: Certainly, Mr.
President.
ACTING PRESIDENT BALBONI: Please
proceed, Senator Oppenheimer.
SENATOR OPPENHEIMER: I'm trying
9198
to understand the NOW, National Organization
of Women, opposition to this.
For example, they say something
that I would like to question you -
SENATOR SALAND: May I ask, you,
Senator Oppenheimer -- I'm having difficulty
hearing you.
SENATOR OPPENHEIMER: Sure, I'm
sorry. Here I go, right into the mike.
SENATOR SALAND: Thank you.
SENATOR OPPENHEIMER: For
example, the National Organization for Women
thinks this is going to lay the groundwork for
the courts to decrease child support awards by
changing the terminology. And I don't
understand why.
And part of that question is, they
think that changing the designation suggests
to the court that visitation should be equated
with actual parenting responsibilities. Okay,
that's a separate issue.
But the argument has been made that
a noncustodial parent that spends time with
their children could have deducted that time
from their obligation of child support. I
9199
would like that explained. I don't understand
the reasoning.
SENATOR SALAND: Senator
Oppenheimer, I wish I could explain it. I've
seen some NOW memos in conjunction with this
bill previously which were so totally divorced
from reality as to really challenge the
intellectual capacity of anybody who might
have either (a) read it or (b) tried to
understand it.
This is a basically simple bill.
It doesn't go to substance, it doesn't change
the law. As you and I both know -- we both
have a tremendous interest in certainly seeing
that parents, noncustodial parents
particularly, meet their support obligations.
We've made some dramatic strides in those
arenas over the course of the past several
years. I've been proud to sponsor any number
of initiatives dealing with that subject.
If I for one moment had the
slightest reason to believe that that
statement had any truth to it or in fact was
supportable in any fashion, I would never even
dream of introducing this legislation. It's a
9200
statement that is incapable of being
supported, and I don't think there's any
section of law or any case law or any rational
means by which they could come to that
conclusion.
SENATOR OPPENHEIMER: If the
Senator will continue to yield.
SENATOR SALAND: Yes, Mr.
President.
SENATOR OPPENHEIMER: Well, maybe
you've already answered this. But how could
the visitation, the argument that they're
spending time with their children, deduct from
a money arrangement?
SENATOR SALAND: You can't do
that under existing law. There's nothing in
this bill that would enable you to do that for
this to be signed into law.
At one time I practiced somewhat
actively in the realm of matrimonial law -
that's several years ago, to say the least.
That argument, were you to have attempted to
have made it either in Supreme Court or Family
Court for reduction of your support
obligation, would have had you pretty well
9201
laughed out of court.
And I would similarly think that
that -- not think, I feel confident in saying
were you to attempt to construct or contrive
the same argument under a system in which
there was reference to parenting time and not
visitation, you wouldn't have a leg to stand
on.
SENATOR OPPENHEIMER: Thank you.
And I think one last question, if the Senator
would yield.
ACTING PRESIDENT BALBONI:
Senator Saland, do you yield for another
question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT BALBONI: The
Senator yields.
Please proceed.
SENATOR OPPENHEIMER: They
suggest that changing the name would mean that
the parent was taking -- was not taking,
accepting the kind of responsibility that the
parent should, but is giving a name where it
is not fairly due, because the parent has not
9202
accepted the same kind of responsibility as
the custodial parent and they have not asked
to have the same kind of sharing time.
So they suggest calling it
"parenting time" is not enforcing the greater
responsibility that "parenting time" would
indicate. What do you feel?
SENATOR SALAND: I fear that
that, either by accident or design, is
painting with too broad of a brush. It's far
more judgmental than this bill attempts to be.
Certainly there are some terrible
stories emanating from experiences with
noncustodial parents, as there are with
custodial parents. I think we all dread the
prospect of children being used as pawns in
custody and visitation situations.
Unfortunately, it does happen.
Very often the situation is not clearly black
and white -- and again, I'll refer back to my
matrimonial experience as a practitioner,
often it's somewhat grayish.
But nonetheless, this bill doesn't
attempt in any way to form judgments. This
bill doesn't say that we want to punish people
9203
who fail to abide by their obligation, nor are
we attempting to reward people who do.
We're basically saying that -- at
least I'm attempting to say here that it's
harsh, especially for those who not only abide
by their obligations as custodial parents but
seek expanded contact and are willing to do
above and beyond what the letter of the law
would require them, it is harsh for them to
accept that they are visitors with their
children. Their names are on the birth
certificates. They are the parents recognized
in law. And why should they have status akin
to somebody who pays a visit to somebody who
is not related to them who might be
institutionalized somewhere?
SENATOR OPPENHEIMER: Thank you,
Senator, for your responses.
On the bill, please.
ACTING PRESIDENT BALBONI:
Senator Oppenheimer, on the bill.
SENATOR OPPENHEIMER: It seems to
me that whatever we can do to promote
two-parent parenting is something we ought to
try to do. We know that children are best
9204
served and grow up most healthy with
involvement of two parents.
And even if the noncustodial parent
isn't terribly involved in a daily aspect -
perhaps they don't live nearby, perhaps they
aren't as committed to spending time with the
child -- I think anything we can do that
promotes that other party as being an integral
part of this child's life, I think that's very
important, to me and I think to most people
who deal with young children.
And if we can call it "parenting
time" as opposed to this is just a visit from
a relative or a friend, I think it's important
for the child's health that it be considered
time with his parent.
So I will be supporting this bill.
Thank you, Senator Saland.
ACTING PRESIDENT BALBONI: Any
other Senator wishing to be heard on this
bill?
Then the debate is now closed.
Please read the last section.
THE SECRETARY: Section 32. This
act shall take effect immediately.
9205
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 661 are
Senators Balboni, Hassell-Thompson, Meier, and
Montgomery. Ayes, 50. Nays, 4.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
878, by Senator Morahan, Senate Print 2878B,
an act authorizing the Greenwood Lake Union
Free School District.
SENATOR ADA SMITH: Explanation.
ACTING PRESIDENT BALBONI: An
explanation has been requested.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. This bill will allow the school
district of Greenwood Lake to enter into a
15-year contract with the school district of
Tuxedo.
These two districts have one high
school, in essence, in the village of -- in
the town of Tuxedo, and Greenwood Lake has
9206
elected, and has in the past, to send its
students to Tuxedo for their higher education
in high school, as opposed to building a new
high school in Greenwood Lake, which would be
totally uneconomical.
Tuxedo now takes a majority of its
high school pupils from Greenwood Lake. And
as a result, they now have to expand the
facility so they can accommodate the incoming
students.
We tried several times on this
floor, we've passed this bill in some form or
another about five -- this will probably be
the fifth time. We tried to get the school
aid, because Greenwood Lake is a poor school
district as opposed to Tuxedo. Greenwood Lake
would get 40 percent reimbursement if they
built their own school. Tuxedo gets nothing
for building aid.
If the first bill had passed,
Greenwood Lake would be able to go into a
15-year contract over the amortization of the
bond, bond the money to pay for the expansion
of the Tuxedo district, and get reimbursed at
the 40 percent rate which they would be
9207
entitled to had they built their own school.
But building their own school is so
uneconomically feasible that they've elected
now, because we could not get that bill
through the other house, to give them just the
ability to go into a 15-year contract so
Tuxedo, who is going to do the building,
Tuxedo would be able to amortize the payments
of the construction over 15 years.
The Assembly has asked for this
version, so this may be the one bill that will
pass both houses. And I would ask for my
colleagues' support.
ACTING PRESIDENT BALBONI:
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Will the
sponsor yield just to one question, Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Morahan, do you yield?
SENATOR MORAHAN: Yes, I do, Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Dollinger, please proceed.
SENATOR DOLLINGER: Well,
9208
Senator, I think your explanation was right on
the nose, at least as I understand it.
My question is, what is it about
the statewide bill that the Assembly didn't
seem to like? You advocated, I think, for a
bill on this floor in the prior versions of
this bill that exactly the circumstance you
describe -- that is, two school districts
agreeing to build a common facility to combine
their students in the cause of efficiency and
economy, subject to approval by qualified
voters -- which means that we give that power
directly to the voters, which in this kind of
critical financing decision and decision to
combine two schools, it seems to me we're
placing the power right where it is.
What's wrong with doing that on a
statewide level and giving every school
district the ability to pair up with another
to build a common building and finance it
jointly? That seems like, from my point of
view, Senator, the right thing to do and
something we ought to be granting the power to
our local communities and their voters to do.
SENATOR MORAHAN: Yeah. Well,
9209
you raise a critical point, Senator Dollinger.
We tried, as you know, just to do
that for 15 years. The Assembly said, well,
in the first version of the bill they don't
want to do anything for these two school
districts that they cannot do for all school
districts.
And they were talking specifically
at that time, I believe, about the aid, that
they didn't want one district to have
40 percent reimbursement doing a deal with
another district, even though that bill, in
its writing and as it was written and drafted,
did really apply statewide even on the
funding, because all we spoke about in this
bill was not two individual districts but any
districts that had over 50 percent of their
population going to a different -- of their
school population going to another school
could do this. So any school district, any
two school districts in the state could have
done it.
I can't explain their specific
objections other than it keeps coming back to
us, notwithstanding our negotiations.
9210
So the last time the bill was
modified to take out the aid and we talked
about statewide 15 years, as you know, and you
voted for that. Now it came back, ironically,
that they don't want to do it statewide, they
want to do it just for this district.
I'm trying to get relief for these
two school districts. And at this point in
time, I'll be happy if they pass it here, you
pass it here, and we pass it in the Assembly.
I'll be delighted. But this is my final
version, so to speak.
SENATOR DOLLINGER: Through you,
Mr. President, just briefly on the bill.
ACTING PRESIDENT BALBONI:
Senator Dollinger, on the bill.
SENATOR DOLLINGER: Senator
Morahan, I'm always amazed by the
peculiarities of what goes on sometimes in
this house in the sponsorship of bills and the
negotiation of bills, especially as we get to
the end of the session. There are Democratic
bills that we seek to have statewide
application for, and we encounter difficulties
in negotiating with the Majority in this
9211
house.
But what I don't understand -- and
I would just tell you that I applaud what
you're doing for the districts that you
represent. But I thought you had a very good
idea when you started.
And that was that rather than
attempt to amalgamate school districts -
which as you know is a difficult thing for
people to do, to give up their identification
with a school district in this state which may
have lingered for 50 or 150 years -- in many
areas in this state we can achieve remarkable
economies of scale if we allow them to
combine, take their aid rates, multiply them
into a building aid, build a single high
school, a regional high school for several
school districts. It seems to me that that
makes fabulous sense.
And I just don't understand -- I
have a lot of respect for my colleagues in the
Assembly, but sometimes what they do
absolutely befuddles me, as it does -- it
appears to have done in this case.
So I would just say that don't give
9212
up the fight for a statewide bill, because the
concept here is one that we ought to make
available to everyone. I'll vote in favor.
ACTING PRESIDENT BALBONI: Any
other Senator wishing to be heard on this
particular matter?
If not, the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1078, by Senator Leibell, Senate Print 2499A,
an act to amend the Real Property Tax Law, in
relation to providing.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT BALBONI:
Senator Leibell, Senator Hevesi has asked for
an explanation of the bill.
9213
SENATOR LEIBELL: Thank you, Mr.
President.
This bill will amend the Real
Property Tax Law to add a new section, 466C,
in order to provide a tax exemption on real
property owned by members of volunteer fire
companies or volunteer ambulance services in
Putnam County.
Specifically, this bill would
permit a member of the fire department or
ambulance corporation to apply for and receive
a real property tax exemption of 10 percent on
property occupied, owned and occupied by such
volunteer firefighter or ambulance corps
member as his or her principal residence.
The bill would seek to provide a
further commitment to attract and retain
quality volunteer emergency personnel in the
county. Maintaining effective emergency
protection depends in large part on the
ability to recruit, train, and retain these
key emergency services personnel. The entire
community benefits greatly from the existence
of these volunteer services.
SENATOR HEVESI: Mr. President,
9214
would the sponsor please yield?
ACTING PRESIDENT BALBONI:
Senator Leibell, do you yield?
SENATOR LEIBELL: Yes, I do.
ACTING PRESIDENT BALBONI: Please
proceed, Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
I was wondering whether you would
support legislation which would include every
county in the state of New York, thereby
enabling any locality to provide this property
tax exemption in consideration of the services
of their ambulance or volunteer firefighters.
SENATOR LEIBELL: Yes, we -- in
fact, we've had a bill in to do that
statewide.
ACTING PRESIDENT BALBONI:
Senator Hevesi.
SENATOR HEVESI: Yes, Mr.
President. Would the sponsor continue to
yield?
ACTING PRESIDENT BALBONI:
Senator Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
9215
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR HEVESI: Thank you.
I'm pleased to hear that. Senator
McGee has passed a piece of legislation almost
identical to yours for her county a week or
two ago. We have your bill here. And I
believe the next bill on the calendar is
Senator Kuhl's bill to provide the same relief
in Steuben County.
My question is, if you have a bill
which would produce this result statewide, why
are we not enacting that piece of legislation
or considering that one today?
SENATOR LEIBELL: As counsel has
advised me, the way you eat an elephant is one
bite at a time.
And what we are attempting to do
here, in effect, with doing a piece of
legislation like this, not only is it good for
my county, but it becomes a model program for
throughout the state. And hopefully our
experience with this county and a couple of
other counties will lead us down the path of
doing a statewide program in the next couple
9216
of years.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT BALBONI:
Senator Leibell, do you continue to yield?
SENATOR LEIBELL: Yes, Mr.
President.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR HEVESI: Senator McGee's
bill, which provided this benefit for her
county, is not the first bill we've seen on
this. We passed similar legislation last
year.
So it's been in effect for other
counties in the state for quite some time. I
can't imagine it's not working well. It
simply gives discretion to the locality. If
they can afford it, they'll provide the
relief.
So is there any reason not to pass
this on a statewide level now? Why are we
doing this piecemeal?
SENATOR LEIBELL: Well, as I
said, Senator, I would prefer, obviously, to
9217
do it statewide. But to the extent I'm able
to get this passed today, I'm content that it
would offer a model.
I would prefer to do it statewide.
I can understand waiting to see what a
demonstration program such as this would
accomplish. I'm not familiar -- possibly you
are -- with the statistics on the other
counties that have this. Maybe, Senator, you
could tell me which counties have it in place
and what their experience has been. But I'm
not as familiar with that.
I would like to have this passed so
I can have the experience in my own home
county.
SENATOR HEVESI: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT BALBONI:
Senator Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President. I thank the sponsor for his
explanation.
I don't have at my fingertips the
other counties where we have provided this
benefit, but I know that we have done that.
9218
And I cannot imagine how that would not work
well. I don't know of any objections that
anybody has to providing this type of benefit
to anybody in New York State.
If we were, on the other hand,
mandating that a particular county provide
this benefit, that would be questionable. It
actually would be an unfunded mandate, and
then there might be some controversy and a
real need to scrutinize whether this was
working well or whether we had unfairly
burdened some county.
But that's not the case here. The
case here is that we have passed similar
legislation in the past. We provided this
benefit to only a select number of people
residing within a certain geographical area.
And I think it's wrong. I don't
know why we don't give this benefit to
everybody. I can see no reason why we don't
immediately pass the statewide bill. And I'm
thrilled that the sponsor of this legislation
is also the sponsor of the statewide bill.
But I would suggest to you, and
I've said this before on the Senate floor,
9219
it's unfair. It's unfair to the residents of
New York City, where we have scores of
volunteer firefighters and volunteer ambulance
workers and we also have a similar need to
provide incentives to induce these people to
come in and provide this essential service in
New York City.
And it's unfair to every other
county in New York State for which we have not
yet provided the benefit that we have
previously provided to Senator McGee, we will
provide to Senator Leibell's constituents, and
I suspect Senator Kuhl's constituents will get
that benefit when we consider his bill next on
the calendar.
I support all of those bills
because I wouldn't want to deny volunteer
firefighters and ambulance workers in their
constituencies the right to have a real
property tax exemption in consideration of the
wonderful work that they provide. I'm simply
dumfounded as to why we don't provide the
option for every locality in the State of
New York to provide this benefit for everyone
in their area if that locality chooses to do
9220
so. And if it's presumably in their financial
interest, they will do so.
And if they don't have a problem
attracting and retaining these individuals,
they might make the determination that they
don't need to provide this benefit or that
they can't do it financially. But there's no
reason not to do this for everybody.
So I've said it before and I'll say
it again, I support this legislation. I
commend Senator Leibell for doing this for his
constituents. It should be done for
everyone's constituents.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI: Thank
you, Senator Hevesi.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, just briefly on the bill.
I want to completely echo what
Senator Hevesi has said and talk about the
danger of the other side. What's going to
happen, Senator Hevesi, in my judgment, having
been here for nine years, is that what we're
going to do is we're going to balkanize the
9221
State of New York.
We're going to have certain
communities that happen to have Republican
Senators in them and Assembly members who are
either able to get the bill through or they're
members of the Democratic Majority in the
Assembly. And you will find that the counties
that are favored are counties that have that
political combination.
In other words, this will be a
benefit largely available in particularly -
in particular politically based counties and
not available elsewhere -- like, Senator
Hevesi, I would point out, in the City of
New York.
And what we will end up with is a
state in which the quality of ambulance
services, which this bill is designed to
promote, will be decided not by the
traditional factors about the quality of
leadership, the amount of funds they raise or
the ability to attract volunteers because of
the excitement and challenge that is faced in
the ambulance service or the emergency medical
service or the fire service. Instead, the
9222
quality of the ambulance service will be based
on the political affiliation of the particular
Senator or Assembly member that represents
that community.
That seems to be a balkanization
that we in this body and we in this
Legislature are perfectly willing to accept.
I personally couldn't agree with you more,
Senator Hevesi. We ought to abolish that
political system of balkanization that will
divide the people in this state against one
another.
We ought to come up with a
statewide bill. Senator Leibell's got it. I
know it's probably difficult to get the
statewide bill through. But I would just
encourage you, I believe that that's the right
way to do it.
I understand the reality of
politics. But in this case, we're going to
end up with a state in which the disparity in
resources available to our constituents, the
entire people of this state, will be based on
factors solely of politics and have no other
real correlation.
9223
I am going to vote in favor of this
bill because I don't want to deny the people
the access to this service. And I agree with
Senator Hevesi that Senator Leibell is to be
commended for doing this. As is Senator Kuhl,
as is Senator McGee. As, I'm sure, when the
Xerox machine gets going, every Republican
Senator with a Democratic Assemblyman will try
to do for their county.
And that will be great. But it
won't achieve the goal of providing the same
equality of services across this state, which
it seems to me is our fundamental and foremost
obligation. Senator Hevesi is right: Do the
statewide bill and take politics out of it.
ACTING PRESIDENT BALBONI:
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT BALBONI:
Senator Duane, on the bill.
SENATOR DUANE: Thank you.
I would be remiss if I didn't -
ACTING PRESIDENT BALBONI: Excuse
me, Senator Duane. May I just interrupt for
9224
just a second, please.
SENATOR DUANE: Anytime.
ACTING PRESIDENT BALBONI:
Senator Kuhl, why do you rise?
SENATOR KUHL: We'd like to
announce an immediate meeting of the Banks
Committee in the Majority Conference Room,
Room 332, please, Mr. President.
ACTING PRESIDENT BALBONI: Thank
you, Senator Kuhl.
There will be an immediate meeting
of the Banks Committee in the Majority
Conference Room. Thank you very much, Senator
Kuhl.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President.
I just wanted to comment that I
would be remiss if I didn't point out that
I've been pointing out this very same point
for the three years that I've been here. And
I'm glad now that other folks are joining in
that chorus of why is it that we just do this
county by county and why can't we just do it
for the state and allow counties to opt in if
9225
they so wanted to.
So I'm more than pleased that we're
practically the majority of the house now in
people speaking out on it. And I would
encourage my other colleagues to join in.
Thank you.
ACTING PRESIDENT BALBONI:
Senator Leibell.
SENATOR LEIBELL: Mr. President,
just to respond to Senator Dollinger's
inquiry, Senator Rath did actually pass a
statewide bill last year in this house. And
it exempted New York City, so it was only the
outer areas of the state outside of those five
boroughs. And it was not passed in the State
Assembly.
So we've tried to and attempted to
do something that would not be partisan here
in this house, that would have covered all of
our colleagues regardless of their party
affiliation here. But it was not done in the
other house. And all I can say is I would
urge my Minority colleagues here to speak to
their Majority colleagues in the other house
and to urge passage over there.
9226
But we have -- to reassure you, we
have already done the right thing here. I've
had a bill in, but Senator Rath's bill did
pass, in fact, last year.
SENATOR DOLLINGER: Just briefly
on the bill, if I could.
ACTING PRESIDENT BALBONI:
Senator Dollinger.
SENATOR DOLLINGER: I appreciate,
Senator Leibell -- I think I remember that
bill.
I believe that when we get to this
point in the process, what we should do is we
should send a message to the Assembly. And we
should put on that list a series of bills that
members of this conference deem to be the
priority bills of the Senate.
I know this happens quietly behind
the scene as members take their bills over to
the other side and negotiate their
presentation and passage in the other house.
But it seems to me that we need to formalize
that process and put a bill like the statewide
bill to do this on that list, as a sign that
this house is committed to getting it done and
9227
that the Democrats here are not simply voting,
as we oftentimes may do, en masse in favor of
a bill that happens to be on the floor, but
that we think this is something good for the
entire state that we're willing to stand up
for and argue for and advocate for in our
communities.
And I think that's the way we have
to do it, is to just put it in a message, get
it on the floor, debate the message. We're
going to send twenty bills over to the
Assembly and make them the house's priorities
rather than the individual members'
priorities. I think that's the only way to do
it.
I'm willing to put my name on that
list as supporting this bill for inclusion in
a message to the Assembly to make it happen
this year on a statewide basis.
ACTING PRESIDENT BALBONI: Any
other Senator wishing to be heard on this
particular issue?
Hearing none, the debate is now
closed.
Please read the last section.
9228
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BALBONI:
Senator Hevesi, to explain his vote.
SENATOR HEVESI: Thank you, Mr.
President.
I want to thank Senator Leibell for
commenting again on this issue before us and
for reminding me that it was Senator Rath's
bill which passed and did not have a statewide
implication, it had an almost statewide
implication.
And unlike Senator McGee's bill,
Senator Leibell's bill today, and Senator
Kuhl's bill, all of which will pass with
unanimous support -- and I have the greatest
respect for Senator Rath -- I thought that her
bill which passed was outrageous. It provided
this relief for everybody except the City of
New York.
And I believe 20 or more Democratic
9229
Senators voted against that piece of
legislation because it would specifically
disenfranchise New York City. That one was
more egregious and unjustifiable than the lack
of equity in the legislation we're seeing here
today. That's a tremendous problem.
And I took the opportunity when
that happened to articulate what I don't
believe a lot of people knew, was that in
fact, despite the fact that we have a
professional fire-fighting operation going on
in New York City, we have volunteer
firefighters. And despite the fact that we
have a professional ambulance, EMS operation,
we have volunteer ambulance workers in
New York City.
So I just have to make that point.
I'm going to vote for this, but I hope Senator
Leibell's bill is a true statewide bill,
because it's insulting to see a bill that has
everybody except the City of New York. It's
really unfair.
But I vote for this bill. Thank
you.
ACTING PRESIDENT BALBONI: Please
9230
announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1079, by Senator Padavan, Senate Print 2574,
an act to amend the Penal Law, in relation to
the piercing and branding of the body of a
child under age 18.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT BALBONI:
Senator Padavan, Senator Dollinger has asked
for an explanation.
SENATOR PADAVAN: Thank you, Mr.
President.
This proposal would preclude body
piercing of any child under the age of 18
without parental consent. There are certain
exceptions in the bill, such as piercing of
earlobes for religious purposes and
emancipation of a minor.
When we first became involved in
this issue several years ago, it was brought
to our attention by someone in the medical
profession. Since then, we have collected an
9231
awful lot of information which justifies the
intent and the purpose and the need for this
legislation.
The American Pediatric Association
very directly and succinctly indicated their
opposition to body piercing of children. The
American Dental Association similarly put out
a report strongly advocating against body
piercing of children -- and adults in general,
I might add, because of the infections and
other problems attendant to that.
Dermatologists, National Dermatology
Association, similarly.
A study was done by the Mayo Clinic
of 445 individuals with heart problems. One
out of four, they were able to identify, was
directly related to body piercing.
Nineteen states have enacted
legislation of this sort, some far more
restrictive, such as Florida, where you not
only have to have parental consent but your
parents have to be standing there while it's
being done.
In the State of New York, since we
began dealing with this issue, we now have
9232
three counties that have adopted local laws -
Albany County, Schenectady County, and, just
this week, Nassau County.
So it would seem to me that we
should have a uniform standard, a uniform
statute statewide, because more and more
localities are coming to grips with the
necessity of dealing with this issue and more
and more parents are addressing it and more
and more children are becoming ill because of
it.
ACTING PRESIDENT BALBONI:
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Through you,
Mr. President, will the sponsor yield for just
one question?
ACTING PRESIDENT BALBONI:
Senator Padavan, do you yield to one question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT BALBONI: Please
proceed.
SENATOR DOLLINGER: Senator, is
it your intention that this bill, if it
becomes law, will preempt the three counties
that you've just referred to that have already
9233
enacted legislation?
SENATOR PADAVAN: As you know,
Senator, state law preempts. And if this is
the law of the State of New York, then that
would dictate -- but however, the local laws,
and I've read them, are really quite
tractless. I mean, there are no significant
differences that I can perceive between the
local laws that have been adopted -- and
perhaps they may have looked at ours when they
did theirs. I'm not sure.
But we don't really have a problem.
SENATOR DOLLINGER: Okay. Okay.
Through you, Mr. President -
ACTING PRESIDENT BALBONI:
Senator Dollinger.
SENATOR DOLLINGER: -- if Senator
Padavan would just yield to one other question
about the preemption issue.
ACTING PRESIDENT BALBONI:
Senator Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
SENATOR DOLLINGER: If a
community established a higher standard, would
this preempt it so that they couldn't -
9234
SENATOR PADAVAN: Yes.
SENATOR DOLLINGER: This becomes
the statewide -
SENATOR PADAVAN: This would
become statewide law.
SENATOR DOLLINGER: No further
questions, no comment.
ACTING PRESIDENT BALBONI: Any
other Senator wishing to be heard on this
bill?
Then the debate is now closed.
Please read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1079 are
Senators Duane and Schneiderman. Ayes, 55.
Nays, 2.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
9235
1081, by Senator Kuhl, Senate Print 3325B, an
act to amend the Real Property Tax Law, in
relation to providing.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1082, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8615, an act to amend the Real Property
Law, in relation to the definition of
qualified leasehold condominiums.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT BALBONI:
Senator Maltese, an explanation has been
requested.
9236
SENATOR MALTESE: Yes. This bill
is at the request of the Department of
Economic Development of the Empire State
Development.
It is an act to amend the Real
Property Law in relation to the definition of
qualified leasehold condominiums. The
legislation would permit the creation of
residential condominium interest or mixed-use
condominium interest that include residential
use in leaseholds of real property located
within the Hunters Point (Queens West)
Waterfront Development Land Use Improvement
Project area.
Basically, Queens West is a
subsidiary of Empire State Development. And
currently, no condominiums can be developed on
leased property. In this case, the property
is owned by the state and leased to the
developer to develop the site. Previously,
similar amendments were made with relation to
Battery Park City and Roosevelt island
Development.
Queens West wants to be able to
develop the site with condominiums and
9237
mixed-use condominiums in order to have more
flexibility to meet the market demand.
Currently, the only sites that can be
developed in this way are sites owned in fee
simple absolute.
There is no opposition to this
bill, in Queens or otherwise. The bill is
strongly supported by Claire Shulman, the City
of New York, and the State of New York.
The bill in the Assembly passed
May 21st by a vote of 144 to zero. It was
previously considered by the Senate in '98 and
passed by a vote of 54 to zero. The reason it
did not become law at that time is that the
bill, which was carried in the Assembly by
Assemblyman Nolan, whose district this was in,
did not -- the session ended before the bill
could be considered.
In the meantime, this is part of a
massive unit of 6300 units that are being put
in by the state through the Empire State
Development Authority. That first building
was City Lights. It is all occupied at the
present time. And the reason this bill at
that time did not pass, there was a decision
9238
made to co-op the entire building. And those
525 units are all full.
The unit that this would apply, as
well as subsequent units of the 6300, would be
2500 units. So the master plan concerns 71
acres.
This is a major -- probably the
major development of property, not only in
Queens but for the City of New York. It would
result in a tremendous economic advantage to
the City of New York and to the state, as well
as considerable finances going to the state.
Basically, this change just gives
the developer the option to either rent,
co-op, or condo the property. And that would
make the buildings more attractive.
The state is in negotiations -- I
just got off the phone with Peter Magnani, the
deputy borough president of Queens, and
basically this enhances the value to the
state. The negotiations are presently going
on.
This would be factored in on the
negotiations, and as a result enhance the
value to the state. And the developer then,
9239
in negotiations, would offer additional funds
to the state because he'd have the option at
the time to either rent, co-op, or condo the
apartments.
ACTING PRESIDENT BALBONI: Thank
you, Senator Maltese.
SENATOR DUANE: Explanation
satisfactory.
ACTING PRESIDENT BALBONI:
Explanation satisfactory.
No other Senator wishes to be heard
on this issue?
The debate is now closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1083, by Senator LaValle, Senate Print 3797,
an act to amend the Environmental Conservation
9240
Law, in relation -
SENATOR KUHL: Lay it aside
temporarily, please.
ACTING PRESIDENT BALBONI: Please
lay that bill aside temporarily.
THE SECRETARY: Calendar Number
1093, by Senator Velella, Senate Print 5332,
an act to amend the General Business Law, in
relation to the sale of new or secondhand
property.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT BALBONI:
Senator Velella, an explanation has been
requested.
SENATOR VELELLA: Yes, Senator,
this bill would allow collateral loan brokers,
which are commonly known as pawnbrokers, to
sell secondhand materials so long as the items
are purchased either at an estate sale, an
auction sale, or by Internet or from
commercial sellers.
It would not allow them to buy
direct from potential customers who come in to
pawn something, or from an individual. It
9241
must be one of four different types of sales.
They can buy used items and then put them on
sale in their store from estate sales, auction
sales, Internet sales, or commercial sellers.
ACTING PRESIDENT BALBONI:
Senator Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
if Senator Velella would yield for a question.
ACTING PRESIDENT BALBONI:
Senator Velella, would you yield to a
question?
SENATOR VELELLA: Yes.
ACTING PRESIDENT BALBONI: Please
proceed, Senator Paterson.
SENATOR PATERSON: Senator, very
briefly, the issue is just that collateral
loan brokers are used usually at a time when
people are in desperation. And there
certainly is the opportunity for -- without
trying in any way to cast any aspersions on
people who work in this field. They are
certainly as honest as anyone else.
But because of the often
extraordinary circumstances that bring people
in touch with them, why would we want to be
9242
expanding in a sense what is their dominion
over property at a time when we already have
restrictions specifically on their
jurisdiction to protect the public?
SENATOR VELELLA: Senator, this
does not touch upon those restrictions.
I agree with you, a person who goes
to a pawnbroker -- the typical example of the
woman who needs some money and goes and pawns
her wedding ring -- is usually a short-term -
hopefully a short-term emergency that they
need some money.
And the law we put in place said
you cannot, as a pawnbroker, talk to that
person and convince them, rather than pawning
it, to sell it to you, and they have an unfair
advantage. We maintain intact that
protection. We do not touch it.
However, as you know, the business
of collateral loans -- as you say, many people
go to them as a last resort. They have been
shrinking, their business base is shrinking.
The number of licensed brokers has shrunk in
the state.
And in order to allow them to
9243
expand their business, we are going to allow
them to sell used items in their shops so long
as they were purchased at estate sales, public
auctions, on the Internet, or from a
commercial seller of used property, not from
individuals who are coming in to make a loan.
SENATOR PATERSON: Okay.
SENATOR VELELLA: Last section.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1104, by Senator Meier, Senate Print 5432, an
act to amend the Civil Rights Law, in relation
to public officials.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
9244
act shall take effect immediately.
SENATOR HASSELL-THOMPSON:
Explanation, please.
ACTING PRESIDENT BALBONI:
Senator Hassell-Thompson, do you wish an
explanation?
SENATOR HASSELL-THOMPSON: Yes.
ACTING PRESIDENT BALBONI:
Senator Meier, Senator Hassell-Thompson
requests an explanation.
SENATOR MEIER: Certainly.
This is an amendment to the Civil
Rights Law which pertains to protections given
to citizens against what are termed "slap
lawsuits," strategic lawsuits against public
participation.
Under the existing law, when
someone brings a lawsuit against a citizen
who's exercising their rights to seek redress
of a grievance from their government, the
plaintiff in that lawsuit has to prove, first,
the elements of their cause of action but,
secondly, that the citizen who is exercising
his or her constitutional rights is acting
with knowledge of a false accusation or in
9245
reckless disregard of the falsity.
One of the problems -- and that's
an important protection. One of the problems
is the courts have interpreted the existing
law to extend that protection only to people
who are protesting the granting of a permit or
a zoning variance, something like that.
This law broadens it to protect
actions of citizens who are protesting some
act by their government at any level against
lawsuits from a government official.
So first it makes clear that the
protection is afforded to a lawsuit brought by
a public official who is upset because a
citizen is exercising their constitutional
rights.
We passed a previous bill last
year. It was vetoed by the Governor at the
recommendation of the Attorney General,
because of the concern that it was -- it
provided too broad an area of protection.
We deal with the concerns in the
veto message in this bill. We've made some
revisions that are agreed to in the Assembly
by providing that actions which are frivolous,
9246
which are meant to harass or annoy would not
be afforded this protection.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT BALBONI:
Explanation satisfactory?
The debate is now closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
1109, by Senator Fuschillo, Senate Print 5476,
an act to amend the Vehicle and Traffic Law
and the Penal Law, in relation to enacting the
DWI Omnibus Act of 2001.
SENATOR LACHMAN: Explanation.
ACTING PRESIDENT BALBONI:
Senator Fuschillo, an explanation has been
requested by Senator Lachman.
9247
SENATOR FUSCHILLO: Thank you,
Mr. President.
Over the past few years, in the
past decade, New York State has certainly made
great strides in combating the ongoing fight
of drinking and driving. But the statistics
still show that more needs to be done.
Last year, nationwide, more than
16,000 people died as a result of a drunk
driving accident. When a person gets in their
car after leaving a bar or having consumed too
much alcohol and they get into an incident,
it's not an accident. It's certainly a choice
that they've made to get behind the wheel of
that car. The only accident is the victim.
And today, earlier, I had met a
woman from Senator LaValle's district who
today is the fifth anniversary of her
daughter's death, at age 19, a young girl
named Danielle who was hit on Long Island by
an individual who was a repeat offender
arrested on multiple occasions.
This is probably one of the most
comprehensive DWI bills that we have seen
before this house in many years. And many of
9248
the divisions have been previously passed by
this house. But more specifically, the bill
seeks to comply with the federally required
mandates set forth by the federal government.
It lowers the blood alcohol content level from
.10 to .08.
It institutes mandatory jail times
or community service for repeat offenders;
more specifically, five days in jail or 30
hours of community service for DWI convictions
with one prior conviction within the last five
years, 10 days or 60 hours with two prior
convictions within the last five years.
Also, as part of a sentencing for
repeat offenders, they must undergo an alcohol
or drug dependency assessment and possibly
have their automobile registration revoked or
an ignition interlock device installed into
their car.
It also raises the minimum fines
and time periods for license suspensions and
revocations for offenders. It ensures that
all motor vehicle operators who refuse to take
a chemical test are treated the same
concerning the mandatory requirement with
9249
regard to their suspension or revocation.
It strengthens existing crimes and
creates new ones. It strengthens vehicular
assault in the second degree, eliminating the
need to prove criminal negligence by the
defendant when their ability is impaired by
alcohol or drugs. It also strengthens
vehicular assault in the first degree as well,
and considers if a person has been convicted
two or more times within a 10-year period.
It raises the unlawful dealing with
a child in the first degree from a Class A
misdemeanor to a Class E felony. When a
person is standing outside, for example, of a
7-11 buying alcohol for a minor and then
giving it to them, it raises it upon the
offense of three times or more within a
five-year period.
It also creates the combined
influence of drug and alcohol, which has
already passed this house, of driving while
impaired by the combined offense. It creates
a new crime of evasion of a police officer by
a motor vehicle, and other new crimes, as well
as increasing the fines as well.
9250
Now, in New York State, Mr.
President, through you, while the statistics
have declined over the last ten years, in the
past two years, almost on an average of every
day, somebody has died as a result of a drunk
driver. At the start of this session at
11:00 o'clock -- it's estimated, through
Mothers Against Drunk Driving, that every 33
minutes somebody dies in this country. So
take time to reflect that three people have
died since we started this session.
ACTING PRESIDENT BALBONI:
Senator Fuschillo, may I please interrupt for
a second.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Excuse the interruption, Senator,
but we'd like to announce an immediate meeting
of the Higher Education Committee in the
Majority Conference Room, Room 332.
ACTING PRESIDENT BALBONI: There
will be an immediate meeting of the Higher
Education Committee in the Majority Conference
Room.
Senator Fuschillo, please proceed.
9251
SENATOR FUSCHILLO: Thank you,
Mr. President.
Now, the bill seeks to work on the
accomplishments of this body over the last
decade, and hopefully we have added tools to
fight against drinking and driving.
SENATOR LACHMAN: On the bill.
ACTING PRESIDENT BALBONI:
Senator Lachman, on the bill.
SENATOR LACHMAN: Senator
Fuschillo, you should be commended. I think
there was a Boston University study over a
number of years which compared five different
states which adopted the .08 BAC with five
similar states that did not. And there was a
16 percent reduction in fatalities.
The only problem I have with this
bill is that there is no treatment involved
that reduces recidivism.
Now, studies in California, Texas,
Delaware, and New York show that inmates in
prison who receive treatment, about 25 percent
were rearrested within 12 to 18 months. Those
that have not received treatment for
recidivism, 70 percent have been arrested or
9252
rearrested within that same period of time.
So I feel that this bill is a bill
in the right direction. It doesn't complete
the circle, so to speak, but I will have to
vote for the bill. And I hope that you would
consider, in the future, treatment in terms of
recidivism to prevent this from reoccurring,
because the price is very great when this does
reoccur, and the price of the treatment is
about one-third of the price of the inmate in
the penitentiary.
ACTING PRESIDENT BALBONI:
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT BALBONI:
Senator Marcellino, on the bill.
SENATOR MARCELLINO: I also
commend my colleague from Long Island, Senator
Fuschillo, on this measure. I am a proud
cosponsor of it, and I believe strongly in it.
This bill is aimed at taking out
repeat offenders. As the Senator so correctly
said, and I think it bears repeating, the only
accident in a DWI is the victim. The person
9253
who was driving the vehicle made a conscious
choice. That person chose to drink. That
person got behind a vehicle by choice.
The poor victim had no choice.
They happened to be at the wrong place at the
wrong time to confront this individual who so
recklessly and carelessly took their life.
I agree we need to take on more
treatment, and more we can. But in this day
and age we have many, many programs that are
available to people, both out of jail and in
jail, for alcohol treatment and drug treatment
and the like.
Someone has to participate.
Everyone tells you, every study tells you that
the only time an individual will successfully
go through one of these treatment programs is
when they are personally ready to do it, when
they have made a personal decision that it is
time to drop this very bad habit and to move
on and correct their ways. No one can make
them. No one can force them. You can do all
of the efforts you want, they will not
succeed. That is clear. When an individual
makes up his or her mind that they are going
9254
to correct their ways, they do it.
So in the meantime, while they're
making up their minds, I think it is
imperative upon us as a society to take these
people off the streets, to get the recidivists
off the streets and to reduce the danger to
those who want to peacefully go about their
business and their daily lives.
Senator Fuschillo, I thank you for
this very good bill, and I thank the Majority
Leader and the leadership in this house for
bringing it to the floor. It is something
whose time has come. As you said at the press
conference, enough is enough. This is the
time.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Yes, Madam
President, would the sponsor yield to a
question, please.
SENATOR FUSCHILLO: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR BALBONI: Senator
9255
Fuschillo, is it true that the reason why we
have to do the .08 is because of a federal
stream of funding that is available to states
that adopt the provision?
SENATOR FUSCHILLO: We have to do
it by 2004, Senator Balboni, not now.
SENATOR BALBONI: How much money
is involved?
SENATOR FUSCHILLO: In the year
2004? We're in the year 2001 right now. In
the year 2004, if states, all the states
throughout the country do not enact a .08
legislation, New York State will lose
approximately $13 million.
SENATOR BALBONI: I'm sorry,
Madam President, I cannot hear the sponsor.
ACTING PRESIDENT McGEE: Can we
have it quiet, please, in the chamber.
SENATOR BALBONI: What was that
figure?
ACTING PRESIDENT McGEE: Senator
Fuschillo, will you repeat your answer?
SENATOR FUSCHILLO: All states,
under a law signed by then President Bill
Clinton, would be required by 2003 to enact
9256
.08. If the states don't, they would lose
federal highway and transportation dollars.
New York State would lose approximately, in
2004, $13 million.
SENATOR BALBONI: Thank you.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Balboni, on the bill.
SENATOR BALBONI: This bill
before us is the latest step and possibly the
most comprehensive step that we can take in
this state to try and stop drunk driving. It
is amazing, considering the number of lives
that have been lost and the amount of effort
that individuals such as Senator Chuck
Fuschillo have done, that people still get
behind the wheel having drank alcohol.
The bill contains several
provisions that I've been personally involved
in, and I have to commend the Senator for
including them. One of them we used to call
the "O.J. crime." That is that, believe it or
not in the State of New York currently, if an
officer directs someone to pull over and the
individual ignores that order and just
9257
continues driving -- not necessarily speeding
or doing anything else -- that person is not
guilty of anything. And it's very, very
difficult to prove.
So we, with this bill, would create
the crime of evading the police. That
contributes to the Penal Law that mandates
that you obey a police officer's directions.
The .08 provision is controversial.
If you ask prosecutors as to the difference
that the .08 would make in terms of what they
see in their caseloads, they will tell you
that the information is very mixed.
However, what we're doing here
today is we are accepting a mandate from the
federal government -- an encouragement, if you
will, as opposed to a stick -- that says
adopting this will increase the revenue to
your state.
And as Senator Lachman pointed out
beforehand, there are statistics that indicate
that there is a drop. And I think everyone in
this chamber would agree, if one person's life
were saved as a result of the adoption of this
proposal, then it is worth adopting.
9258
I'm going to support the measure in
part because of all of the work that Senator
Fuschillo has done on the issue and because,
though this is not a same-as bill with the
State Assembly, we hope that in the next week
or two we can work out the language and have a
meaningful reform of the laws to continue the
ballot against this scourge.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: Thank
you.
Senator Fuschillo and I talked
about this bill in committee. And I am much
more satisfied at the final language of the
bill than I was. And certainly I also
appreciate the amount of work and energy that
he has put into the bill.
But also I appreciate the fact that
at least in this committee I felt that there
9259
was real participation and exchange, and so
that when sometimes the language of a bill
somewhat -- no matter how the intent may lead
you away from being in agreement, I
appreciated all of the efforts on his part to
work with the language, to clarify the
language so that I can feel comfortable not
only in the intent of the law but in the
spirit of the law as well, to support him and
his efforts. And I want to thank him.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I was pretty much satisfied. But
since you did call on me, if Senator Fuschillo
would yield for a question.
ACTING PRESIDENT McGEE: Senator
Fuschillo, will you yield for a question?
SENATOR FUSCHILLO: Thanks for
calling on Senator Paterson.
Yes, I do yield for a question.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Well, I want
to congratulate my friend on what I think is
9260
some excellent research and some legislation
that's quite apropos.
I remember being a teenager in this
country and the issue was whether or not we
should have our forces in Vietnam. And we
would constantly talk about the deaths of
American citizens who were lost fighting the
war in Vietnam. And the highest year of
mortality, when you added up all the deaths
that had been accrued from that battle, more
people had been killed on our highways that
same year.
And it was an issue that just
didn't seem to resonate at that particular
time. There were places in the southern part
of the country where people drove up into
convenience areas and bought alcohol in a
drive-in situation. In other words, they were
actually driving and buying alcohol at the
same time. And it was pretty common in a lot
of different places.
In the state of Louisiana, they
still have a 3.0 test, where we're trying to
reduce it to a .08.
So there's a lot more that needs to
9261
be done just in terms of making people
understand that even 16,000 people a year, or
one every 33 minutes, is something that we as
a society, as public policy, will not accept.
The only significant difference I
see, and there are some differences, between
the Assembly version and the Senate version
relate to drug treatment. And I was wondering
if the sponsor would please tell us why it
wouldn't be a good idea to include drug
treatment and alcohol treatment in the
legislation.
Because with a lot of individuals
who cause these situations, they're as much
addicted as much as they made a choice. And
even if they made a choice to start using some
of these substances in the first place to make
them addicted, they're still addicted. And
even if they serve jail time, when they come
out, even if they don't have licenses, that
addiction can drive them to commit further
crimes.
SENATOR FUSCHILLO: Senator,
thank you for your comments and your question,
because I wanted to address Senator Lachman's
9262
statement regarding the same issue.
One of the provisions in the bill
that I'm very proud of, as part of the
sentencing of the DWI repeat offenders, is to
require them, Senator, to undergo an alcohol
or drug dependency assessment. That will
afford the sentencing court, the sentencing
judge to refer an individual, on an on-need
basis, to the appropriate facility.
And as someone, Senator Paterson -
through you, Madam President -- as you know,
who ran a non-profit agency that dealt with
these specific issues, monitored and
administered the TASC program, the Treatment
Alternative to Street Crimes, I am probably
one of the biggest advocates of the referral
and treatment programs that this state has.
Under this legislation, Senator,
the sentencing judge can assess an
individual's alcohol or drug dependency and
refer them. But about two or three months
ago -- Madam President, through you -- Senator
Paterson, the Senate Majority, through Senator
Bruno, put forth a $20 million ambitious "Road
to Recovery" program which afforded more funds
9263
for treatment programs throughout the state to
deal with DWI repeat offenders.
ACTING PRESIDENT McGEE: Is there
any other Senator wishing to speak on the
bill?
Senator Fuschillo, to close.
SENATOR FUSCHILLO: Thank you,
Madam President, just quickly.
When I look at these bills and it
seems like this legislative body, in dealing
with this issue, is always in a work in
progress because of the statistics, I have to
just ask, when is enough enough? How many
times are we going to open up papers
throughout our districts, throughout the
state, throughout the country, wherever we go,
and see that somebody died?
And I spoke to this woman at a
press conference this morning who talked about
her daughter passing, five years ago today,
with great emotion. And I obviously can never
step in her shoes. And as the parent of three
young children that are my life, or the love
of my life -- that's why I live, to provide a
better life for them -- we have to do
9264
everything we can to get the drunk driver off
the road and to prevent another tragedy in
this state.
So I thank all of you for your
comments and your support on this legislation
today.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, you shouldn't have awakened me.
ACTING PRESIDENT McGEE: I
apologize.
Senator Fuschillo has already
closed on the bill. You want to explain your
vote, Senator?
SENATOR PATERSON: Well, I'd like
to know if Senator Fuschillo would yield for
one more question.
ACTING PRESIDENT McGEE: I guess
we're not closed.
Senator Fuschillo?
SENATOR FUSCHILLO: I'll be happy
to, Madam President.
SENATOR PATERSON: Senator, I
took a look at something that came from the
9265
Department of Transportation. It's from the
ISTEA-21 website, and it relates to creating
new repeated driver, well, violations and the
enforcement of them by October 1, 2000, and
October 1, 2001. And it states pretty much
that if states are not in compliance, that
there will be federal sanctions in terms of
monies to go to these states.
So I guess my question is, does
this legislation qualify under that? And if
that is the case, then aren't the negotiations
between the Senate and the Assembly even more
important? Because rather than 2003, there's
money we can save on October 1, 2001, if we
pass repeated intoxication violation laws, as
I believe yours is one, at this time.
Rather than letting our two houses
negotiate for the next two years, perhaps, as
Senator Balboni pointed out, if we can settle
this in next couple of weeks, there might even
be resources that can be brought back to the
state this year.
SENATOR FUSCHILLO: Senator, you
asked me a few questions in that one question.
To answer your first question, this
9266
legislation does conform with the ISTEA Act.
Last year I sponsored a bill that this house
passed in July, I believe, that would have
allowed the state to conform with the federal
requirements. The Assembly never did it. But
this does conform with the federal
requirements.
ACTING PRESIDENT McGEE: Is there
any other Senator that wishes to speak on the
bill?
Read the last section.
THE SECRETARY: Section 36. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Madam President,
do we have any housekeeping at the desk?
ACTING PRESIDENT McGEE: Yes, we
do.
SENATOR KUHL: Can we return to
9267
motions and resolutions, then.
ACTING PRESIDENT McGEE: Motions
and resolutions.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President.
On page number 40, I offer the
following amendments to Calendar Number 825,
Senate Print Number 4322, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate Bill Number 4994,
by Senator Fuschillo.
ACTING PRESIDENT McGEE: So
ordered.
9268
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. For the benefit of the members, we
can announce at this time that there will be a
Rules Committee meeting at 2:15. And that we
have one more bill that we're to do, and
that's Senator LaValle's bill, Calendar Number
1083, which I'll have you call up.
But for the benefit of the members,
after we conclude with this bill, the Senate
will be standing at ease until after the
report of the Rules Committee, which is being
held at 2:15, and then we will adjourn for the
day until tomorrow at 11:00.
So with that, can you have the
Secretary call up Calendar Number 1083,
please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1083, by Senator LaValle, Senate Print 3797,
an act to amend the Environmental Conservation
Law, in relation to road-front core
preservation area parcels.
SENATOR PATERSON: Explanation.
9269
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LAVALLE: Yes, Madam
President.
Madam President, in 1993 this body
passed, under my sponsorship, the Pine Barrens
Preservation Act that protected 100,000 acres
in the Pine Barrens in eastern Suffolk County.
The legislation allowed for preservation of
the core area of about 50,000 acres, and the
remaining 50,000 acres was considered
compatible growth area. That compatible
growth area allowed for building.
Under the legislation, it allowed
for some building in the core area because the
core area over time had already been developed
in some places, with roads connecting to
existing homes.
Subsequent to the passage of this
act and it having been signed into law, a
process began to do a master plan. In 1995,
Governor Pataki came to Suffolk County and
signed that master plan.
The Pine Barrens has a commission
that administers the act, with representation
9270
from the towns of Riverhead, Southampton, and
Brookhaven, with a staff. Since the process
of developing that master plan that the
Governor signed in 1995, some of the towns had
parcels that were not put into the master
plan. Today, by act of the commission, we
have before us what I believe is the
completion, the towns having reported to the
commission.
And by the way, what we did is to
create a 24-member advisory committee to the
commission. And that 24-member advisory
committee is made up principally of
environmental groups.
And so what we have before us today
has gone through the town process, the
advisory board process, and an open meeting of
the commission that these parcels that can be
built upon that were left out of the 1995 plan
are okay because they are not in forest area,
they are on a street with a road, with houses
on that road, and were left out of the
original map.
And that's what this legislation
does, Madam President.
9271
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. I rise to request unanimous
consent to be recorded in the negative on
Calendar Number 661, Senate Print 4893.
ACTING PRESIDENT McGEE: So
recorded.
SENATOR HEVESI: Thank you.
ACTING PRESIDENT McGEE: This is
a reminder, there will be a Rules Committee
9272
meeting at 2:15.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Just a reminder again, there will
be a Rules Committee meeting in the Majority
Conference Room, Room 332, at 2:15, 2:15.
And the Senate will now stand at
ease until the return of the report of the
Rules Committee.
ACTING PRESIDENT McGEE: Thank
you, Senator Kuhl.
There will be a Rules Committee
meeting at 2:15 in the Senate Majority
Conference Room.
The Senate will stand at ease until
the return of the Rules Committee report.
(Whereupon, the Senate stood at
ease at 1:15 p.m.)
(Whereupon, the Senate reconvened
at 2:27 p.m.)
ACTING PRESIDENT PADAVAN: The
Senate will come to order.
The chair recognizes Senator
Johnson.
SENATOR JOHNSON: Mr. President,
9273
may we return now to motions and resolutions.
ACTING PRESIDENT PADAVAN:
Motions and resolutions.
SENATOR JOHNSON: On behalf of
Senator Seward, please place a sponsor's star
on Calendar Number 600.
ACTING PRESIDENT PADAVAN: So
ordered.
SENATOR JOHNSON: Mr. President,
on page 45 I offer the following amendments to
Calendar Number 921, Senate Print Number 4086,
and ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT PADAVAN: The
amendments have been received, and the bill
will retain its place on the Third Reading
Calendar.
SENATOR JOHNSON: Mr. President,
on page 36 I offer the following amendments to
Calendar Number 745, Senate Print Number 1504,
and ask that the bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT PADAVAN: The
amendments are received, and the bill will
retain its place on the Third Reading
9274
Calendar.
SENATOR JOHNSON: If we could
return to reports of standing committees, I
believe there's a Rules Committee report at
the desk.
ACTING PRESIDENT PADAVAN: The
clerk will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1043, by Senator
Stafford, an act to amend the Environmental
Conservation Law.
1615, by Senator Gentile, an act to
amend the Penal Law.
2193A, by Senator Alesi, an act to
amend the Alcoholic Beverage Control Law.
2723, by Senator Meier, an act to
amend the Vehicle and Traffic Law.
3093A, by Senator Volker, an act to
amend the Real Property Tax Law.
3197, by Senator DeFrancisco, an
act to authorize.
3968, by Senator Stafford, an act
to amend the Tax Law.
9275
4720, by Senator Trunzo, an act in
relation to authorizing.
4815A, by Senator Oppenheimer, an
act to amend the Town Law.
5253, by Senator Spano, an act to
amend the Workers' Compensation Law.
5318, by Senator Padavan, an act in
relation to establishing.
5359A, by Senator Bruno, an act in
relation to creating.
And 5469, by Senator Volker, an act
to permit the reopening.
All bills ordered direct to third
reading.
ACTING PRESIDENT PADAVAN: All in
favor of accepting the Rules report will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT PADAVAN: Those
opposed, nay.
(No response.)
ACTING PRESIDENT PADAVAN: The
report is accepted.
Senator Johnson.
SENATOR JOHNSON: There being no
9276
further business to come before the Senate, I
move that we adjourn until Wednesday,
June 13th, at 11:00 a.m.
ACTING PRESIDENT PADAVAN: On
motion, the Senate stands adjourned until
Wednesday, June 13th, at 11:00 a.m.
(Whereupon, at 2:30 p.m., the
Senate adjourned.)