Regular Session - March 13, 2002
1205
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 13, 2002
11:12 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, March 12, the Senate met pursuant to
adjournment. The Journal of Monday, March 11,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Marcellino.
SENATOR MARCELLINO: Madam
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President, good morning.
THE PRESIDENT: Good morning.
SENATOR MARCELLINO: And may we
have an immediate meeting of the Rules
Committee in the Majority Conference Room,
Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room, Room 332.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Maltese,
from the Committee on Elections, reports the
following bills:
Senate Print 195, by Senator
Maltese, an act to amend the Election Law;
1683, by Senator Trunzo, an act to
amend the Election Law and the Education Law;
And Senate Print 2006, by Senator
Farley, an act to amend the Election Law.
All bills ordered direct to third
reading.
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THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On page 25, I offer the following
amendments to my bill, which is Calendar
Number 347, Senate Print 2307, and I ask that
that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar, Senator
Farley.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, are there any substitutions at the
desk?
THE PRESIDENT: Yes, there are,
Senator.
1209
SENATOR MARCELLINO: Can we have
them made, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 22,
Senator Rath moves to discharge, from the
Committee on Local Government, Assembly Bill
Number 2130A and substitute it for the
identical Senate Bill Number 1455A, Third
Reading Calendar 309.
THE PRESIDENT: Substitutions
ordered.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, may we now have the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
18, by Senator Seward, Senate Print 5584A, an
act to amend the Insurance Law, in relation to
increasing the amount.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
1210
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
53, by Senator Skelos, Senate Print 391, an
act to amend the Vehicle and Traffic Law, in
relation to increasing the period of time.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
54, by Senator McGee, Senate Print 869, an act
to amend the Vehicle and Traffic Law, in
relation to requiring the revocation.
THE PRESIDENT: Read the last
1211
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
58, by Senator Wright, Senate Print 5709B, an
act to amend Chapter 519 of the Laws of 1999
amending the Alcoholic Beverage Control Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
180, by Senator Morahan, Senate Print 6061, an
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act to amend Chapter 256 of the Laws of 2001.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: I'd just like
to explain my vote for the edification of a
special guest that I have here today, Thomas
Fox, who's deputy chief of the New York City
Fire Department, who is here helping the
Senate Executive Committee on Terrorism.
And I just wanted to let him know
that I'm passing a bill that I wanted to get
his name on the record.
Thank you very much.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 256 of the Laws of 2001.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
195, by Senator Velella, Senate Print 4722, an
act to amend the Penal Law, in relation to the
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crime of criminal mischief in the third
degree.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
204, by Senator Hoffmann, Senate Print 4142,
an act to amend the Agriculture and Markets
Law, in relation to the New York State Cattle
Health Assurance Program.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
217, by Senator LaValle, Senate Print 3267, an
act to amend the Town Law, in relation to
exemption.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
245, by Senator Saland, Senate Print 5131, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to the
provision.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
1215
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
262, by Senator Rath, Senate Print 6050, an
act to amend the Education Law and the General
Municipal Law, in relation to deleting the
requirement.
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside,
please, Madam President.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
288, by Senator Lack, Senate Print 3073, an
act to authorize the State University of
New York.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
1216
Senator Marcellino, that completes
the reading of the noncontroversial calendar.
SENATOR MARCELLINO: Thank you,
Madam President. Can we move to the reading
of the controversial calendar, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
262, by Senator Rath, Senate Print 6050, an
act to amend the Education Law and the General
Municipal Law, in relation to deleting the
requirement.
SENATOR PATERSON: Explanation,
please.
SENATOR MARCELLINO: Madam
President, can we have a moment's indulgence.
Madam President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: While we're
waiting, could we -- I believe there's a
report of the Rules Committee that has just
been delivered to the desk. May we have that
read.
THE PRESIDENT: Yes, there is,
1217
Senator.
Calendar Number 262 will be laid
aside, and we'll return to reports of standing
committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 6460, by the Senate
Committee on Rules, an act to amend Chapter 2
of the Laws of 1999.
SENATOR MARCELLINO: Move to
accept the report of the Rules Committee.
THE PRESIDENT: The motion is to
accept the report of the Rules Committee. All
in favor please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
accepted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, could we take up Senate 6460 at
this time.
1218
THE PRESIDENT: The Secretary
will read Senate 6460.
THE SECRETARY: Calendar Number
350, by the Senate Committee on Rules, Senate
Print 6460, an act to amend Chapter 2 of the
Laws of 1999.
SENATOR MARCELLINO: Is there a
message of necessity at the desk, Madam
President?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR MARCELLINO: Move to
accept.
THE PRESIDENT: The motion is to
accept the message of necessity. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Senator Marcellino.
SENATOR MARCELLINO: May we take
up that bill, please.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Balboni,
an explanation has been requested.
SENATOR BALBONI: Thank you,
Madam President.
This bill would amend Chapter 2 of
the Laws of 1999 amending the legislative law
relating to the enacting of the Lobbying Act;
specifically, the Advisory Council on
Municipal Lobbying.
The Lobbying Act originally called
for this municipal lobbying reporting to
commence on January 1, 2001. The Municipal
Lobbying Advisory Council was supposed to
report its findings by June 30, 2000.
The Legislature and the Governor
agreed to extend the time for this advisory
council to report until September 30, 2001,
and delayed implementation of the local
lobbying reporting requirements until April 4,
2002.
The advisory council appointments
1220
were slow to materialize, and hearings that
were canceled -- that were held -- strike
that -- hearings that were supposed to take
place did not take place, as a result of the
terror attacks in New York City. The advisory
council did in fact produce a report, but it
lacked substance.
This bill will reconstitute the
advisory council and give the council
sufficient to time to issue a substantive
report.
And the implementation date for
local lobbying reporting is not changed by the
provisions of this bill, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Balboni would yield for
a couple of questions.
THE PRESIDENT: Senator, do you
yield?
SENATOR BALBONI: I do, Madam
President. Thank you.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: To begin -
1221
and in anticipation of my question, Senator, I
have absolutely no problem with the delay.
The last time we talked about this bill, after
the Governor and others decided to extend the
report to September 30, 2001, I think I
complained about why the reports weren't on
time.
But since we did agree to extend
them, the fact that it would be further
extended to April 4, 2002, is perfectly
understandable -- given, as you pointed out,
the terror attacks that even six months later
we're still feeling in this particular
situation.
However, one of the problems I had
with this the last time is that there are no
appointments to the advisory council from
either of the Minorities of the two chambers.
And I just thought and just
wondered what your point of view was that it
might be a -- that there would be some kind of
explanation for why, if we're really going to
try to take a serious, substantive look at
lobbying and the find some workable, sensible,
achievable ways to make sure that there isn't
1222
an undue influence on the process, that we
wouldn't include as many people involved in
the process in the decision-making capacity.
SENATOR BALBONI: Madam
President, through you.
Senator Paterson, I find it
unfortunate that there are not Minority
legislators involved in the particular
process. However, the reason for that finds
its origin in 1999.
You will recall that at the end of
that session, this chamber moved to ban gifts
entirely for State Senators. And as you know,
we did that as a part of this house's effort
to make things a little bit more up and up.
And that was not received very well
by the other house, that being the Assembly.
As a matter of fact, the Assembly has still
refused to go along with those particular
provisions.
But instead of doing that, they
came out with this Municipal Lobbying Advisory
Council. And what will probably come to you
as a shock was that that provision was done
rather rapidly and those negotiations as to
1223
who would constitute the appointment authority
in that particular bill was done between the
Governor and the Speaker.
So your objections, that are well
taken, should be taken up with the Speaker.
SENATOR PATERSON: Madam
President, on the bill.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: I know that
Senator Balboni would like to come with me
when I come to talk to the Governor and the
Speaker, because he should know that it was
actually on December 20, 1999, that it was the
Senate Minority that first suggested that the
Senators not take gifts.
And we were happy to see that our
colleagues on the other side of the aisle took
this suggestion into consideration and
actually then issued their own voluntary
decision not to take gifts.
So since the Senate, both sides of
the aisle, have a real, seasonable
understanding of this particular issue, I know
that it would be important that perhaps we
might be in the process so that we can make
1224
Senator Balboni and others more aware of some
of our suggestions.
Because a lot of our suggestions
around here seem to be listened to, and it's a
good thing. They don't always bear the names
of those whose origin it was to make those
suggestions, but this is why we would like to
be in the process, because we think we have
something to offer when we come here every
day.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: The Secretary
will announce the results, please.
THE SECRETARY: Those recorded in
the negative on Calendar Number 350 are
Senators Breslin, Connor, Duane,
Hassell-Thompson, Hevesi, L. Krueger,
Montgomery, Onorato, Paterson, Schneiderman,
1225
and Senator A. Smith. Also Senator Stavisky.
Ayes, 45. Nays, 12.
THE PRESIDENT: The bill is
passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President. Can we now return to
Calendar Number 262, Senate Print Number 6050.
Senator Rath is with us.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
262, by Senator Rath, Senate Print 6050, an
act to amend the Education Law and the General
Municipal Law.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Rath, an
explanation has been requested.
SENATOR RATH: Madam President,
this is a very simple bill. It was one of
a -- an item that was in a large grouping that
was sent over several years ago by the
Comptroller. And what's it's doing is
attempting to lift a mandate and streamline
accounting principles in local governments.
1226
And what originally had happened
with the mandate was to keep many of these
items that were taken care of -- reserve
funds, career, educational, instructional
equipment, property loss, dollars relating to
property loss, et cetera -- keep them all in
separate bank accounts.
Well, accounting principles being
what they are now, and tracking on the
computer, it was recommended to us that among
many little nitty-gritty things that were
aggravating local governments that this could
be wiped out. This would a great help to them
streamlining their accounting principles and
their banking needs.
And so that's the simplicity of
what it is.
THE PRESIDENT: Senator Duane.
Senator Paterson first.
SENATOR PATERSON: Madam
President, I'll yield to Senator Duane.
THE PRESIDENT: Pardon me,
Senator? You'll defer to Senator Duane?
Senator Duane, you have the floor.
SENATOR DUANE: Thank you, Madam
1227
President.
I'm wondering if the sponsor would
yield, please.
SENATOR RATH: Certainly.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I don't have any
memos in support of this, and I'm wondering
who brought this bill to the Senate's
attention.
SENATOR RATH: The Comptroller.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator, will you
yield?
SENATOR RATH: Surely.
THE PRESIDENT: You may proceed.
SENATOR DUANE: If accounting
principles make it easier to lump reserve
funds into one account and keep a separate
accounting, doesn't the same principle apply
for keeping them in separate accounts? Isn't
it just as easy these days to keep the
separate accounts?
1228
SENATOR RATH: The point being
here if they wanted to, they can keep them in
separate accounts if they prefer.
But we wanted to lift the mandate
that said that they had to. That was the
Comptroller's opinion.
And it was buried in the midst of a
whole laundry list of things that were small
aggravations that had been identified through
the years.
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: Does any other
Senator wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
Senator Stachowski.
SENATOR STACHOWSKI: Madam
1229
President, may I have unanimous consent to be
recorded in the negative on Calendar 350.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator.
SENATOR STACHOWSKI: Thank you.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, could we lay aside Calendar Number
288 for the day, please.
THE PRESIDENT: The bill is laid
aside for the day, Senator.
SENATOR MARCELLINO: Is there any
housekeeping at the desk, Madam President?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR MARCELLINO: There being
no further business before this house, I move
we adjourn until Monday, March 18th, at
3:00 p.m., intervening days being legislative
days.
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson,
before we adjourn.
1230
SENATOR PATERSON: Madam
President, with your indulgence, I'd like to
call a conference of the Minority in Room 314,
the Minority Conference Room, immediately
following adjournment.
THE PRESIDENT: There will be a
conference of the Minority in the Minority
Conference Room, Room 314.
On motion, the Senate stands
adjourned until Monday, March 18th, 3:00 p.m.,
intervening days being legislative days.
(Whereupon, at 11:35 a.m., the
Senate adjourned.)