Monday, February 28, 1994

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 28, 1994 10 3:55 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR FRANK PADAVAN, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT PADAVAN: The 3 Senate will come to order. Today's prayer will 4 be given by Rabbi Shmuel Butman, the director of 5 the Lubavitch Youth Organization, Brooklyn. 6 RABBI BUTMAN: Let us pray. 7 Almighty God, we ask You to bestow -- bestow 8 Your blessings upon all the members of the 9 United -- of the New York State Senate for 10 health and for sustenance and for good fortune 11 in their private lives, as well as in their 12 communal lives. 13 Today we are here to celebrate, 14 Almighty God, the 92nd birthday of the revered 15 leader of world Jewery, the Lubavitcher. The 16 Lubavitcher tells us that you, Almighty God, are 17 about to redeem the world and send us the 18 righteous Messiah and You, Almighty God, have 19 already started the messianic process. 20 You have let open the borders of 21 the former Soviet Union for hundreds and 22 thousands of Jews that should be able to 23 emigrate from there to the holy land of Israel. 1 This is the beginning of the messianic process. 2 We ask You, Almighty God, to give 3 us the strength to continue and to accelerate 4 this process and in this spirit, I offer one 5 dollar, in which it says "In God I trust", into 6 this pushka. 7 This pushka reminds us that we 8 have a responsibility as human beings, not only 9 to each other, but to society in general. This 10 pushka reminds us that there is a super - 11 there's a super power that tells us to do 12 goodness and kindness. 13 We hope, Almighty God, that You 14 will bestow Your infinite blessings on all the 15 members of this Assembly and upon the 16 Lubavitcher upon his 91nd birthday, and in Psalm 17 93, which the Rebbe is going to start saying 18 along with all Jews in two short weeks, that 19 entire Psalm is dedicated to the coming of the 20 messiah and to the redemption, and we hope you 21 will give the Rebbe long life and health and 22 strength that he should be able to lead us 23 toward this redemp|ion immediately; that you 1 will bestow all your blessings upon all the 2 members of the New York State Assembly, they 3 should have great miracles and a lot of success 4 in their communal lives and as well as in their 5 private lives. And let's say Amen. 6 ACTING PRESIDENT PADAVAN: Join 7 me in pledging allegiance to the Flag. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 Reading of the Journal. 11 THE SECRETARY: In Senate, 12 Friday, February 25th. The Senate met pursuant 13 to adjournment, Senator Bruno in the chair upon 14 designation of the Temporary President. The 15 Journal of Tuesday, February 24th, was read and 16 approved. On motion, Senate adjourned. 17 ACTING PRESIDENT PADAVAN: 18 Hearing no objection, the Journal stands 19 approved as read. 20 Presentation of petitions. 21 SENATOR GOLD: Mr. President. 22 ACTING PRESIDENT PADAVAN: 23 Senator Gold. 1 SENATOR GOLD: Yes, thank you 2 very much. 3 Mr. President, before we get 4 involved in the business of the day, I wanted to 5 have the honor -- Senator Ohrenstein is involved 6 right now in some business, but we have two new 7 members of this body who were recently elected 8 and now that we're back from the break, will be 9 taking their seats in the chamber to join us in 10 our deliberations today, and I wanted to 11 introduce them. 12 From the 21st Senate District, in 13 Kings County, we have with us -- and he's going 14 to be sitting, I guess, in that second seat in 15 the first row -- Senator Carl Kruger, and behind 16 him, I guess, next to Senator Onorato, from the 17 great city of Buffalo, the 57th District, 18 Anthony Nanula. So our two new Senators and 19 welcome. 20 (Applause) 21 ACTING PRESIDENT PADAVAN: Will 22 the two Senators please come to the well of the 23 Senate. 1 Gentlemen, raise your right 2 hands. You will please repeat after me. I do 3 solemnly swear... 4 SENATORS KRUGER AND NANULA: I do 5 solemnly swear... 6 ACTING PRESIDENT PADAVAN: That I 7 will support the Constitution of the United 8 States... 9 SENATORS KRUGER AND NANULA: That 10 I will support the Constitution of the United 11 States... 12 ACTING PRESIDENT PADAVAN: The 13 Constitution of the state of New York... 14 SENATORS KRUGER AND NANULA: The 15 Constitution of the state of New York... 16 ACTING PRESIDENT PADAVAN: And I 17 will faithfully discharge the duties of the 18 office of state Senator... 19 SENATORS KRUGER AND NANULA: I 20 will faithfully discharge the duties of the 21 office of state Senator... 22 ACTING PRESIDENT PADAVAN: 23 According to the best of my ability. 1 SENATORS KRUGER AND NANULA: 2 According to the best of my ability. 3 ACTING PRESIDENT PADAVAN: Let 4 the record show that you've already submitted 5 such documents which are on file with the 6 Secretary of State. 7 Congratulations. 8 (Applause). 9 Presentation of Petitions. 10 Messages from the Assembly. 11 Messages from the Governor. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 on behalf of the Majority Leader and the 15 Republican side of this chamber, may I welcome 16 the two members who have joined us today and 17 wish them good work with us, joining us for the 18 balance of this session. 19 ACTING PRESIDENT PADAVAN: 20 Reports of standing committees. 21 Reports of -- Mr. Gold -- Senator 22 Gold. 23 SENATOR GOLD: Mr. President. 1 We're delighted to have two new 2 Senators with us, but I want to point out that 3 one of the colleagues on this side of the aisle 4 is a bit delayed, and I'm not sure whether he's 5 going to make it today. 6 They tell me that Senator 7 Paterson and his wife, Michele, are all 8 engrossed in Alexander Basil Paterson, a 9 brand-new baby boy, 7 pounds 14 ounces, who was 10 born yesterday morning, I guess it was. So I 11 guess on behalf of everybody, the record should 12 indicate that we're very proud of David in his 13 fatherhood, and we wish him and his family well. 14 ACTING PRESIDENT PADAVAN: Thank 15 you, Senator Gold. 16 SENATOR MARCHI: Mr. President, 17 Would you offer an amendment? 18 SENATOR GOLD: Oh, yeah, I 19 thought you were getting up to yield and I was 20 going say, I'm going to do it. 21 SENATOR MARCHI: No. Will you 22 also incorporate for the purposes of the record 23 that Mrs. Paterson is a Staten Islander? 1 SENATOR GOLD: Yes, and as of the 2 present time, she resides in New York City. 3 ACTING PRESIDENT PADAVAN: 4 Reports of standing committees. 5 Senator Galiber, are you - 6 Okay. He's standing; now he's sitting. 7 Select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Farley. 12 SENATOR FARLEY: Thank you, Mr. 13 President. 14 On behalf of Senator Maltese, on 15 page 11, I offer the following amendments to 16 Calendar 236, Senate Print 1053-A, and I ask 17 that that bill retain its place - 18 SENATOR GOLD: So ordered. 19 SENATOR FARLEY: -- on the Third 20 Reading Calendar. 21 On behalf of Senator Nozzolio, on 22 page 6, I offer the following amendments to 23 Calendar 145, Senate Print 6332-B, and I ask 1 that that bill retain its place. 2 ACTING PRESIDENT PADAVAN: So 3 ordered. 4 SENATOR FARLEY: Also, on behalf 5 of Senator Nozzolio, on page 5, I offer the 6 following amendments to Calendar 143, Senate 7 Print 6315-A, and I ask that that bill retain 8 its place. 9 ACTING PRESIDENT PADAVAN: So 10 ordered. 11 SENATOR FARLEY: On behalf of 12 Senator Kuhl, on page 4, I offer the following 13 amendments to Calendar Number 82, Senate Print 14 6215-B, and I ask that that bill retain its 15 place on the Third Reading Calendar. 16 ACTING PRESIDENT PADAVAN: So 17 ordered. 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 would you recognize Senator Marchi, please. 21 ACTING PRESIDENT PADAVAN: 22 Senator Marchi. 23 SENATOR MARCHI: Mr. President, 1 there is a resolution at the desk, I believe, 2 privileged resolution. 3 ACTING PRESIDENT PADAVAN: 4 Resolution is before the house and will be read. 5 SENATOR MARCHI: I would request 6 that the resolution be read in its entirety. 7 ACTING PRESIDENT PADAVAN: Read 8 in its entirety. 9 THE SECRETARY: Legislative 10 resolution, by Senator Marchi, proclaiming March 11 23rd through June 22nd, 1994, as "New York 12 State's 92 Days of Education" in tribute to the 13 92nd birthday of the Lubavitcher Rebbe, Rabbi 14 Menahem M. Schneerson, Shlita, to be celebrated 15 by the Assembly of the state of New York on 16 February 28th, 1994; 17 WHEREAS the leading Rabbi of this 18 generation, Lubavitcher Rebbe, Rabbi Menahem M. 19 Schneerson, Shlita, whose 92nd birthday is an 20 auspicious event worthy of worldwide 21 recognition, will be honored by the membership 22 of the Assembly of the State of New York at a 23 celebration to be held in the Assembly Parlor on 1 Monday, February 28th, 1994; 2 In fitting tribute to this 3 learned gentleman and in recognition of his 4 humanitarian leadership around the world, this 5 Assembly around the state of New York proclaims 6 March 23rd through June 22nd, 1994 as "New York 7 State's 92 Days of Education" in tribute to his 8 educational endeavors on behalf of all mankind. 9 Rabbi Schneerson's educational 10 activities throughout the globe have enriched 11 and strengthened the religious, educational, 12 cultural, moral and ethical fibers of all 13 citizens of the world; 14 The Lubavitcher Rebbe has, over 15 his 44 years of dedicated leadership, 16 established over 1500 Lubavitch Centers, helping 17 people of all walks of life throughout the 18 world, from Australia to Africa, from Holland to 19 Argentina, from Moscow to Jerusalem; 20 The Rebbe has proclaimed that the 21 time of our redemption has arrived and Moshiach 22 is on his way; 23 The Lubavitcher Rebbe has called 1 upon the citizens of the world to prepare for 2 the Great Redemption with a personal commitment 3 to increase in charity and good deeds; 4 The entire world is now engaged 5 in prayers for the speedy and complete recovery 6 of the Rebbe with an outpouring of love and 7 affection from millions of followers, admirers 8 and beneficiaries from all parts of the globe;. 9 Throughout his purposeful journey 10 of life, Rabbi Schneerson has compiled with 11 dignity and grace, decades of continuing years, 12 filled with philanthropic causes, humanitarian 13 effort and astute Judaic leadership, justly 14 earning the admiration, love and respect of the 15 world, whose countless followers now engage in 16 prayer for his timely return to good health; 17 Therefore, be it. 18 RESOLVED that his Legislative 19 Body pause in its deliberations to warmly 20 proclaim its heartfelt congratulations and 21 extend sincere best wshes for the continued 22 good health on the auspicious occasion of the 23 92nd birthday of Lubavitcher Rebbe, Rabbi 1 Menachem M. Schneerson, Shlita; and be it 2 further 3 RESOLVED that this legislative 4 body proclaim the period from March 23rd, 1994 5 corresponding to the 11th of Nissan, 5754 the 6 Rebbe -- the Rebbe's 92nd birthday, to June 7 22nd, 1994, corresponding to the 13th day of 8 Tammuz, as "New York State's 92 Days of 9 Education", as a special tribute to a revered 10 friend, Lubavitcher Rebbe, Rabbi Menachem M. 11 Schneerson, Shlita; and be it further 12 RESOLVED that a copy of this 13 resolution, suitably engrossed, be transmitted 14 to Rabbi Menachem M. Schneerson. 15 ACTING PRESIDENT PADAVAN: 16 Senator Marchi. 17 SENATOR MARCHI: Mr. President, 18 it has been a real pleasure over the years to 19 sponsor this resolution in honor of the 20 observance of Rabbi Menachem Schneerson, 21 Shlita. 22 I had the pleasure of meeting him 23 many years ago. This incredibly urbane and, at 1 the same time, very sensitive and moral force, 2 studied at the University of Berlin, at the 3 Sorbonne, has a total mastery of mathematics and 4 science, a man of tremendous accomplishments, 5 and also, I think, of the greatest relevance of 6 all in the tradition that he exemplifies, his 7 spiritual leadership, his concern about detail. 8 Most leaders perhaps deal with a larger 9 picture. He goes beyond the larger picture and 10 deals with the problems of individuals and plays 11 a very vital, important and significant role in 12 the resolution of so many personal problems of a 13 delicate and tender nature. 14 This is the measure of the 15 individual, the measure of his spirituality. He 16 -- his mastery of the Mishnah Torah is - 17 exemplifies and carries forward the traditions 18 that go back over the centuries and were given 19 added significance in the 12th Century when 20 Maimonides, the Rambam, if I pronounce it 21 correctly, gave -- took all of this oral law, 22 which has been called the strong law, and gave 23 it organization and substance and put it in good 1 -- good form for its perpetuation and for its 2 understanding. 3 His interpretation and his 4 bringing forward of Aristotelian philosophy 5 played a very, very dominant role in Jewish 6 philosophy at that time, and on Christian 7 philosophy, the -- the doctrine that brings us 8 all together, which is the spiritual autonomy of 9 the individual under God, not worship of the 10 planets or the stars or anything else, but of a 11 spiritual force that is intimate to each and 12 every one of us, and our own spiritual 13 significance as enjoying that spiritual autonomy 14 that each individual has, and this is part of 15 our common tradition. 16 We all -- we all draw strength 17 from that font. We all draw strength from the 18 covenant that you serve so well and that the 19 Rebbe has exemplified in such a magnificant 20 fashion. 21 So we should take appropriate 22 notice of this. There are 1500, as the 23 resolution mentioned, centers throughout the 1 world, and education and learning is part of 2 that process. The exhortation on the works of 3 charity and compassion and kindness is implicit 4 in that message. So we are in a spiritual 5 framework. We are all together. All of us that 6 are here in this chamber grow out of that 7 tradition and we draw strength from that trunk 8 which is basic to all of us. 9 So again, it is with the greatest 10 of pleasure that we welcome you and we carry our 11 prayers and best wishes back to the Rebbe, and I 12 also want to say that if anyone wants to join in 13 this resolution, certainly the -- our 14 distinguished clerk will note your name, but I 15 -- this is a great moment and we look forward 16 to seeing you again, and our prayers and best 17 wishes. 18 ACTING PRESIDENT PADAVAN: 19 Senator Gold. 20 SENATOR GOLD: Thank you very 21 much. 22 First, the -- Rabbi Butman, let 23 me say that I know that our -- our distinguished 1 clerk, Mr. Cornell, has a little problem with 2 translating some of the -- pronouncing some of 3 the words, but I want to tell you that you 4 cannot have a person with a better, purer heart 5 than Mr. Cornell, and I've heard him sing 6 religious songs and he's a good person to have 7 read it. 8 As far as Senator Marchi is 9 concerned, I hope you understand, Rabbi, that I 10 have had to make a deal with him, because in 11 order to get him to the point where he can talk 12 the scholarly way he does, where I noticed you 13 were shaking your head in agreement, I not only 14 have to study Italian, I have to study the 15 Italian opera to keep up with him. 16 Rabbi, before I even got involved 17 in politics, one of the impressions that I've 18 had which was very important in my life was just 19 going to work in New York City and, from time to 20 time, passing these beautiful bands that were 21 doing nothing more -- and I put in quotation 22 marks, "nothing more" -- than talking to Jews 23 walking in the street and encouraging them, if 1 they wanted, to light candles, put on pefillin, 2 learn something, and I thought that was 3 wonderful. 4 There are a lot of people and a 5 lot of religion -- religious organizations who 6 do out-reach in ways which some of us have 7 questioned from time to time, but the 8 sensitivity and the -- the joy that these 9 mitzvah wagons bring and the good work they do 10 is something that I'nm telling you, before 11 politics, the first time I saw them, impressed 12 me, and I want to very proudly join with Senator 13 Marchi as a sponsor of this resolution, wishing 14 only good health to the Rebbe and, particularly, 15 I'm proud of the resolution because, as you 16 pointed out, Rabbi Butman, in Jewish life, it's 17 not enough to say something. We do something. 18 We put in the pushka and we do something, and to 19 take 92 days to stress education, is certainly a 20 wonderful honor towards the Rebbe. 21 So, I want to thank you for 22 coming here today, and please extend my best 23 wishes. 1 RABBI BUTMAN: Thank you very, 2 very much. 3 ACTING PRESIDENT PADAVAN: All 4 members of the Senate will be added to the 5 resolution, unless they notify the Secretary 6 otherwise. The resolution is adopted. 7 Senator Johnson, did you have a 8 motion? 9 SENATOR JOHNSON: Yes, Mr. 10 President. I move that the following bill be 11 discharged from its respective committee and 12 recommited with instructions to strike the 13 enacting clause: Senate Print Number 2327. 14 ACTING PRESIDENT PADAVAN: So 15 ordered. 16 Senator Galiber. 17 SENATOR GALIBER: Mr. President, 18 on February the 15th, we had budget hearings, as 19 you well know, which is traditional here, and I 20 was attending the budget hearings, and I would 21 like to, for the record, with your consent, of 22 course, to be recorded in the negative, that if 23 I were in the chamber, I would have voted in the 1 negative on Bill -- Calendar Number 153, which 2 is Senate 2583; Calendar 180, Senate 919-A; 3 Calendar Number 186, Senate 2990. 4 ACTING PRESIDENT PADAVAN: The 5 record will so show. 6 SENATOR GALIBER: Thank you. 7 ACTING PRESIDENT PADAVAN: Thank 8 you, Senator Galiber. 9 The clerk will read a 10 substitution. 11 THE SECRETARY: On page 10 of 12 today's calendar, Senator Cook moves to 13 discharge the Committee on Education from 14 Assembly Bill Number 8774-B and substitute it 15 for the identical Third Reading 228. 16 ACTING PRESIDENT PADAVAN: So 17 ordered. 18 Senator Present, should we 19 proceed with the calendar? Oh, excuse me. 20 Senator DiCarlo. 21 SENATOR DiCARLO: Mr. President, I 22 would like to make a motion to star Calendar 23 Number 199, Senate 6552, please. 1 ACTING PRESIDENT PADAVAN: So 2 ordered. Calendar - 3 SENATOR PRESENT: Mr. President, 4 can we take up the non-controversial calendar, 5 please? 6 ACTING PRESIDENT PADAVAN: 7 Secretary will read. 8 THE SECRETARY: On page 4, 9 Calendar Number 27, by Senator Wright, Senate 10 Bill Number 4106-A, an act to amend the State 11 Administrative Procedure Act. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT PADAVAN: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 62, by Senator Velella, Senate Bill Number 6398. 17 SENATOR GALIBER: Lay it aside. 18 ACTING PRESIDENT PADAVAN: Lay it 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 88, by Senator - 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT PADAVAN: Lay it 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 103, by Senator Stafford, Senate Bill Number 4 6384. 5 SENATOR GOLD: Lay it aside for 6 Senator Dollinger. 7 ACTING PRESIDENT PADAVAN: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 130, by Senator Stafford, Senate Bill Number 11 438, an act to amend the Real Property Tax Law. 12 SENATOR GOLD: Lay it aside. 13 THE SECRETARY: Calendar Number 14 154, by Senator LaValle, Senate Bill Number 15 3970-A, an act to amend the Education Law. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT PADAVAN: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 163, by Senator Stafford, Senate Bill - 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT PADAVAN: 23 Senator Gold, what was your motion? 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT PADAVAN: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 168, by Senator Levy, Senate Bill Number 5435-B, 6 an act to direct the New York State Thruway 7 Authority - 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT PADAVAN: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 169, by Senator Holland - 13 SENATOR GOLD: Can we lay this 14 one aside? 15 ACTING PRESIDENT PADAVAN: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 170, by Senator Holland, Senate Bill Number 19 6335-A, an act to amend the Public Authorities 20 Law, in relation - 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT PADAVAN: Lay it 23 aside. 1 THE SECRETARY: Calendar Number 2 189, by Senator Skelos, Senate Bill Number 3612, 3 an act to amend the Criminal Procedure Law, in 4 relation to designating taxicab, limousine and 5 tow car license inspectors. 6 ACTING PRESIDENT PADAVAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT PADAVAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT PADAVAN: 14 Results. 15 THE SECRETARY: Ayes 39, nays 2. 16 Senators Galiber and Gold recorded in the 17 negative. 18 ACTING PRESIDENT PADAVAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 195, by Senator Johnson, Senate - 22 SENATOR JOHNSON: Lay it aside 23 for the day. 1 ACTING PRESIDENT PADAVAN: Lay it 2 aside for the day. 3 THE SECRETARY: Calendar Number 4 197, by Senator LaValle, Senate Bill Number 577, 5 an act to amend the Correction Law. 6 SENATOR GALIBER: Lay it aside. 7 ACTING PRESIDENT PADAVAN: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 218, by Senator Johnson, Senate Bill Number 11 1284, an act to amend the Vehicle and Traffic 12 Law. 13 ACTING PRESIDENT PADAVAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT PADAVAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT PADAVAN: 21 Results. 22 THE SECRETARY: Ayes 41. 23 ACTING PRESIDENT PADAVAN: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 219, by Senator Levy, Senate Bill Number 1306, 4 an act to amend the Executive Law and the 5 Estates, Powers and Trust Law. 6 ACTING PRESIDENT PADAVAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT PADAVAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT PADAVAN: 14 Results. 15 THE SECRETARY: Ayes 41. 16 ACTING PRESIDENT PADAVAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 220, by Senator LaValle, Senate Bill Number 20 4017, Executive Law, in relation to population 21 requirements for municipalities. 22 ACTING PRESIDENT PADAVAN: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT PADAVAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT PADAVAN: 7 Results. 8 THE SECRETARY: Ayes 41. 9 ACTING PRESIDENT PADAVAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 221, by Senator Maltese, Senate Bill Number 13 4519, Executive Law, requiring certain notices. 14 ACTING PRESIDENT PADAVAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT PADAVAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT PADAVAN: 22 Results. 23 THE SECRETARY: Ayes 41. 1 ACTING PRESIDENT PADAVAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 223, by Senator Holland, Senate Bill Number 5 6307-A, firefighting equipment in the possession 6 of the Office of Mental Retardation. 7 ACTING PRESIDENT PADAVAN: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT PADAVAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT PADAVAN: 15 Results. 16 THE SECRETARY: Ayes 42. 17 ACTING PRESIDENT PADAVAN: The 18 bill is passed. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT PADAVAN: 21 Senator Hoffmann. 22 SENATOR HOFFMANN: I was out of 23 the chamber when Calendar 189 was passed. I 1 would like to be recorded in the negative with 2 unanimous consent, please. 3 ACTING PRESIDENT PADAVAN: 4 Senator Hoffmann recorded in the negative. 5 Senator Kuhl. 6 SENATOR KUHL: Yes, could I be 7 recorded in the negative on Calendar Number 8 223? 9 ACTING PRESIDENT PADAVAN: 223, 10 Senator? 11 SENATOR KUHL: Yes, the clerk - 12 ACTING PRESIDENT PADAVAN: 13 Senator Kuhl is in the negative. 14 THE SECRETARY: Calendar Number 15 224, by Senator Stafford - 16 ACTING PRESIDENT PADAVAN: Home 17 rule message is at the desk. 18 THE SECRETARY: Senate Bill 19 Number 6321, in relation to the creation of a 20 fire district in the town of Westport. 21 ACTING PRESIDENT PADAVAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT PADAVAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 42. 6 ACTING PRESIDENT PADAVAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 225, by senator Volker, Senate Bill 6345, Public 10 Authorities Law, in relation to creating the 11 Livingston County Water and Sewer Authority. 12 ACTING PRESIDENT PADAVAN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT PADAVAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 42. 20 ACTING PRESIDENT PADAVAN: The 21 bill is passed. 22 THE SECRETARY: Calendar number 23 226, by Senator Stafford, Senate Bill Number 1 6689, State Finance Law, in relation to the 2 manner of contracting. 3 ACTING PRESIDENT PADAVAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT PADAVAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 42. 11 ACTING PRESIDENT PADAVAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 227, by Senator LaValle, Senate Bill Number 241, 15 authorizing the approval of certain building aid 16 for the William Floyd Union Free School 17 District. 18 ACTING PRESIDENT PADAVAN: 19 There's a local fiscal impact note at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT PADAVAN: Call 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT PADAVAN: 4 Results. 5 THE SECRETARY: Ayes 42. 6 ACTING PRESIDENT PADAVAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 228, substituted earlier today by the Assembly 10 Committee on Rules, Assembly Bill Number 8774-B, 11 Education Law, in relation to employment 12 preparation, educational apportionments. 13 ACTING PRESIDENT PADAVAN: Local 14 fiscal impact note is at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT PADAVAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT PADAVAN: 22 Results. 23 THE SECRETARY: Ayes 42, nays 1. 1 Senator Kuhl recorded in the negative. 2 ACTING PRESIDENT PADAVAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 229, by Senator Present, Senate Bill Number 6 6589, authorize the apportionment of certain 7 education aid to Portville Central School. 8 ACTING PRESIDENT PADAVAN: 9 There's a local fiscal impact note at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT PADAVAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 43. 17 ACTING PRESIDENT PADAVAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 231, by Senator Daly, Senate Bill Number 1106-A, 21 Social Services Law. 22 ACTING PRESIDENT PADAVAN: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT PADAVAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 43. 7 ACTING PRESIDENT PADAVAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 232, by Senator Holland, Senate Bill Number 11 1775-A, an act to amend the Social Services Law. 12 ACTING PRESIDENT PADAVAN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT PADAVAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 43. 20 ACTING PRESIDENT PADAVAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 233, by Senator Holland, Senate Bill Number 1 20 - 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT PADAVAN: Lay it 4 aside -- the bill is withdrawn at the request of 5 the sponsor. Are you laying it aside, Senator, 6 for - 7 SENATOR HOLLAND: Star the bill. 8 ACTING PRESIDENT PADAVAN: The 9 bill is starred at the request of the sponsor. 10 THE SECRETARY: Calendar Number 11 234, by Senator Holland, Senate Bill Number 12 5626-B, an act to amend the Social Services Law. 13 ACTING PRESIDENT PADAVAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT PADAVAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 43. 21 ACTING PRESIDENT PADAVAN: The 22 bill is passed. 23 Senator Markowitz. 1 SENATOR MARKOWITZ: I want to be 2 recorded in the negative on Calendar Number 231. 3 ACTING PRESIDENT PADAVAN: So 4 ordered. 5 THE SECRETARY: Calendar Number 6 235, by Senator Maltese - 7 ACTING PRESIDENT PADAVAN: Read 8 the last section. Which one are we on? 9 Senator Mendez. 10 SENATOR MENDEZ: Yes, Mr. 11 President, I would like to be recorded in the 12 negative on Calendar Number 231. 13 ACTING PRESIDENT PADAVAN: 231, 14 recorded in the negative. So ordered. 15 THE SECRETARY: Calendar Number 16 235, by Senator Maltese, Senate Bill Number 17 368-A, Real Property Tax Law. 18 ACTING PRESIDENT PADAVAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT PADAVAN: Call 23 the roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 43. 3 ACTING PRESIDENT PADAVAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 237, by Senator Lack, Senate Bill Number 1396, 7 Civil Service Law, definition of veteran for 8 purposes of eligibility for additional civil 9 service credit. 10 ACTING PRESIDENT PADAVAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT PADAVAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT PADAVAN: 18 Results. 19 THE SECRETARY: Ayes 43. 20 ACTING PRESIDENT PADAVAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 238, by Senator Larkin, Senate Bill Number 1 4354-B, Education Law, in relation to expanding 2 student aid programs for Vietnam veterans. 3 ACTING PRESIDENT PADAVAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT PADAVAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 43. 11 ACTING PRESIDENT PADAVAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 239, by Senator Levy, Senate Bill Number 6370, 15 Highway Law, in relation to designating a 16 portion of the state highway system as the 17 "POW-MIA Memorial Highway." 18 ACTING PRESIDENT PADAVAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT PADAVAN: Call 23 the roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT PADAVAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 240, by Senator Farley, Senate Bill Number 6513, 7 Highway Law, in relation to the Schenectady 8 County Veterans Memorial Highway. 9 ACTING PRESIDENT PADAVAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT PADAVAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 53. 17 ACTING PRESIDENT PADAVAN: The 18 bill is passed. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 we'll take up the controversial calendar. 22 ACTING PRESIDENT PADAVAN: 23 Controversial. 1 THE SECRETARY: On page four, 2 Calendar Number 27, by Senator Wright, Senate 3 Bill Number 4106-A, State Administrative 4 Procedure Act. 5 SENATOR GOLD: Explanation. 6 ACTING PRESIDENT PADAVAN: 7 Explanation is requested of the sponsor. 8 SENATOR WRIGHT: Mr. President, 9 the bill amends the State Administrative 10 Procedure Act in two very specific manners. 11 One, it prohibits state agencies 12 from imposing standards and rules or regulations 13 that exceed federal minimum standards. 14 And secondly, it provides in 15 instances where business, local governments or 16 other communities of interest, are trying to 17 achieve compliance with federal standards, 18 achieve that compliance. It also applies for 19 purposes of state standards. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT PADAVAN: 22 Senator Gold. 23 SENATOR GOLD: Mr. President, 1 this is a bill we've had before, and last year 2 Senators Connor, Dollinger, Espada and myself, 3 Markowitz, Mendez, Ohrenstein, Oppenheimer, 4 Stachowski and Stavisky voted in the negative. 5 And as it was pointed out, basically this 6 abrogates the state's responsibility in favor of 7 the federal government. 8 It does not take into 9 consideration local conditions which require 10 local action, et cetera, and there are memos in 11 opposition from the New York State Trial Lawyers 12 and from the Department of Environmental 13 Conservation. There is a support memo filed 14 last year by the Empire State Forest Products 15 Association. 16 I think we basically have debated 17 this before, and I would urge everyone to vote 18 in the negative. 19 We got elected to make decisions, 20 not to give away that authority to the federal 21 government, and I interpret a vote for this bill 22 as doing exactly that. 23 ACTING PRESIDENT PADAVAN: 1 Senator Stachowski. 2 SENATOR STACHOWSKI: Would 3 Senator Gold yield for a question? 4 SENATOR GOLD: That's easy. 5 SENATOR STACHOWSKI: Do you mean 6 if we had this rule -- this law passed quite a 7 few years back, that we would have never done 8 Senator Dunne's acid rain legislation that had 9 been the hallmark of acid rain legislation 10 throughout the country? 11 SENATOR GOLD: You know, I think 12 you're right. 13 SENATOR STACHOWSKI: I'm just 14 trying to make sure I have that right. 15 Thank you. 16 SENATOR GOLD: I would ask that 17 my counsel put that in my notes for next year's 18 debate. 19 ACTING PRESIDENT PADAVAN: 20 Senator Dollinger. 21 SENATOR DOLLINGER: Would Senator 22 Gold yield to one other question? 23 As I understand, Senator Gold, 1 this would be accepting mandates from the 2 federal government that we wouldn't be able to 3 overturn so we would be one of the first -- I 4 would have to say we would be one of the first 5 governments that allows the federal government, 6 a higher level of government, to mandate what 7 our regulations ought to be. 8 SENATOR GOLD: Well, Senator, not 9 only correct, but I think it's fascinating, 10 because so often I hear about the interference 11 of the federal government with local governments 12 and how often do I hear people, particularly on 13 the other side of the aisle, tell me that those 14 people down in Washington just don't understand 15 us. 16 I think there's also a 17 constitutional question involved as to whether 18 we can legislate by referring to state law, but 19 as a very distinguished colleague of ours -- I 20 won't mention Senator Babbush by name -- says, 21 what's the Constitution between friends? So I 22 know there's no sympathy for a constitutional 23 argument here, but but I would urge a "no" vote. 1 ACTING PRESIDENT PADAVAN: Would 2 the negatives please raise their hands. Did we 3 read the last section? 4 Read the last section first. 5 THE SECRETARY: Section 2. This 6 act shall take effect the first day of October. 7 ACTING PRESIDENT PADAVAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 27 are Senators 12 Babbush, Connor, Dollinger, Espada, Galiber, 13 Gold, Kruger, Markowitz, Ohrenstein, Onorato, 14 Oppenheimer, Santiago, Smith, Solomon, 15 Stachowski and Stavisky. Ayes 38, nays 16. 16 ACTING PRESIDENT PADAVAN: The 17 bill is passed. 18 Senator Present. 19 SENATOR PRESENT: Would you 20 recognize Senator Espada, please. 21 ACTING PRESIDENT PADAVAN: 22 Senator Espada. 23 SENATOR ESPADA: Thank you, Mr. 1 President. 2 I would like to be recorded in 3 the negative on Calendar Number 231, please. 4 ACTING PRESIDENT PADAVAN: So 5 ordered. 6 SENATOR ESPADA: Thank you. 7 ACTING PRESIDENT PADAVAN: 8 Senator Tully. 9 SENATOR TULLY: Yes, Mr. 10 President. On February 15th, there was a slow 11 roll call on Calendar Number 164, Senate Bill 12 1942, by Senator Larkin. If I had been in the 13 chamber at the time of the vote, I would have 14 voted in the affirmative on Calendar Number 164. 15 ACTING PRESIDENT PADAVAN: The 16 record will so indicate. 17 Next bill. 18 THE SECRETARY: Calendar Number 19 103, by Senator Stafford, Senate Bill Number 20 6384, an act to amend the Tax Law, in relation 21 to sales tax imposed on the furnishing or 22 provision of certain entertainment or 23 information services. 1 SENATOR DOLLINGER: Explanation. 2 ACTING PRESIDENT PADAVAN: 3 Explanation has been requested. 4 SENATOR STAFFORD: Mr. President, 5 this legislation, in effect, amends pursuant to 6 the wishes of the Tax Department. 7 This tax legislation which -- is 8 concerned with the 900 numbers. What happened 9 when we passed legislation trying to make some 10 restrictions, so to speak, on certain calls, we, 11 in effect, as said by the Tax Department, 12 covered many other areas that we did not mean to 13 cover. So that's what the bill is. 14 ACTING PRESIDENT PADAVAN: 15 Senator Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President, I believe there's an amendment at the 18 desk. 19 ACTING PRESIDENT PADAVAN: The 20 amendment is at the desk. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 I would like to make a point of order again that 1 Senator Dollinger's amendment to Senator 2 Stafford's bill is out of order since it 3 violates Rule VI, Section 4(b), that it is not 4 germane to the original object or purpose of 5 Senator Stafford's bill. 6 Senator Stafford's bill only 7 clarifies existing law by correcting an 8 erroneous interpretation by the Tax 9 Commissioner. The Tax Commissioner currently 10 interprets the existing law consistent with the 11 new language. It does not change the Tax Law 12 and it has no fiscal impact. Therefore, I ask 13 that you rule Senator Dollinger's amendment out 14 of order. 15 ACTING PRESIDENT PADAVAN: The 16 explanation provided by Deputy Majority Leader 17 is correct. The Chair rules that this amendment 18 is out of order by virtue of Rule VI, Section 19 4(b), in that it is not germane. 20 SENATOR DOLLINGER: Mr. 21 President, may I appeal the ruling of the Chair 22 and be heard on the issue? 23 ACTING PRESIDENT PADAVAN: 1 Senator Dollinger appeals the ruling of the 2 Chair and is recognized. 3 SENATOR DOLLINGER: Mr. 4 President, I think that this amendment is 5 germane. This is an amendment which 6 incorporates the provisions of a bill that I 7 have introduced in this house that would require 8 that a public hearing be held before the Ways 9 and Means Committee and the Senate Finance 10 Committee prior to the imposition of any tax 11 that would raise more than $1 million in 12 revenue. What it would be designed to do, Mr. 13 President, by way of germaneness, is to attack 14 the exact problem we ran into here. 15 When we passed the the budget 16 bill under the heat of the budget debate, we 17 didn't look at the fact that by extending it to 18 900 numbers, which we thought would simply 19 extend it to all those pornographic services, 20 that we could easily tax and no one would 21 protest. Instead, we found out it interlinked 22 with the communications network and threatened 23 the superhighway -- the super information 1 highway that we want to foster here in the state 2 of New York. 3 What this bill would do is 4 correct the problem while we have to approve 5 Senator Stafford's bill; that is, we would avoid 6 the problem of doing something on a hasty basis 7 that we later regret and have to correct. 8 From my point of view, Mr. 9 President, nothing could be more germane than to 10 cure through this bill the problem that causes 11 us to do Senator Stafford's bill. 12 I don't believe the amendment is 13 out of order. I believe it is germane. It's 14 germane to the way we do business when we're 15 raising people's taxes and taking money out of 16 the pockets of the people of this state. We 17 should at least give them a chance to have a 18 hearing and a month's delay before the bill - 19 before the tax takes effect. It seems to me 20 that's a reasonable and prudent thing to do. 21 Every taxpayer in this state should support it, 22 and I think it is germane and should be a part 23 of the bill. 1 I would ask all my colleagues to 2 vote to overturn the ruling of the Chair so this 3 amendment can be considered. 4 ACTING PRESIDENT PADAVAN: Ruling 5 that the amendment is not germane, those wishing 6 to sustain the ruling of the chair will so 7 signify by saying aye. 8 (Response of "Aye".) 9 Those opposed signify by saying 10 nay. 11 (Response of "Nay".) 12 Ruling of the Chair is sustained. 13 Continue the calendar. 14 Read the last section of the bill 15 first. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT PADAVAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT PADAVAN: Would 22 the negatives please put up their hands. 23 THE SECRETARY: Ayes 55, nays 1, 1 Senator Dollinger recorded in the negative. 2 ACTING PRESIDENT PADAVAN: The 3 bill is passed. 4 THE SECRETARY: On page 5, 5 Calendar Number 130, by Senator Stafford, Senate 6 Bill Number 438, Real Property Tax Law. 7 ACTING PRESIDENT PADAVAN: Read 8 the last section. 9 SENATOR GOLD: Explanation. 10 ACTING PRESIDENT PADAVAN: 11 Explanation is requested. Senator Stafford. 12 SENATOR STAFFORD: Mr. President, 13 we have discussed this bill in past years. As I 14 think probably almost everyone realizes, we have 15 a program or programs here in the state whereby 16 people or corporations can own forest lands and 17 they are able to get tax exemptions. 18 This makes it possible for us to 19 have our tax -- have our wood products industry 20 that's very, very important and it also keeps 21 our forest lands. 22 This bill would provide full 23 state reimbursement to local taxing 1 jurisdictions for any tax revenue losses brought 2 about by these tax exemptions. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT PADAVAN: I 5 think Senator Oppenheimer had the - 6 SENATOR GOLD: Yes, I'm sorry. 7 SENATOR OPPENHEIMER: The EPL 8 strongly opposes this bill, and the reasons for 9 it seem logical. They're not actually opposed 10 to the concept in the bill. What they are 11 opposed to is that this is coming prior to a 12 study that's being done that's going to look at 13 all lands in a comprehensive fashion in the 14 state of New York and look to those areas that 15 will perhaps qualify for this but they feel that 16 it is premature for this to be here before their 17 total evaluation of all lands in the state. 18 ACTING PRESIDENT PADAVAN: 19 Senator Gold. 20 SENATOR GOLD: No, no. I - 21 ACTING PRESIDENT PADAVAN: Read 22 the last section. 23 THE SECRETARY: Section 3. This 1 act shall take effect immediately. 2 ACTING PRESIDENT PADAVAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT PADAVAN: 6 Results. 7 THE SECRETARY: Ayes 54, nays 2. 8 Senators Oppenheimer and Stachowski recorded in 9 the negative. 10 ACTING PRESIDENT PADAVAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 154, by Senator LaValle. 14 SENATOR LaVALLE: Lay it aside. 15 ACTING PRESIDENT PADAVAN: Lay 16 the bill aside at the request of the sponsor. 17 THE SECRETARY: Calendar Number 18 163, by Senator Stafford, Senate Bill Number 19 433, an act to amend the Highway Law, in 20 relation to abandonment of certain town 21 highways. 22 SENATOR GOLD: Explanation. 23 ACTING PRESIDENT PADAVAN: 1 Explanation is requested. 2 SENATOR STAFFORD: From year to 3 year, it changes. My good friend, Senator Gold, 4 last year, you just read off the negatives. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT PADAVAN: 7 Senator Gold. 8 SENATOR GOLD: Yes, with great 9 respect for Senator Stafford and my failing 10 memory, why don't I do that. I just -- and, 11 Senator, next year I'll remember to do this. 12 I guess this is one we have 13 debated quite a lot. It's opposed by the 14 Adirondack Council and DEC strongly, and in the 15 negative were Senators Dollinger and Espada and 16 myself, the Housing's -- our Senator Halperin, 17 Senator Jones, Leichter, Montgomery, Ohrenstein, 18 Oppenheimer and Senator Sheffer, voted in the 19 negative on this, and I know that, based upon 20 that history, that we will pick up -- I know 21 Senator Nozzolio is smiling at me with his 22 support. 23 Last section. 1 ACTING PRESIDENT PADAVAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT PADAVAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT PADAVAN: 9 Results. 10 Senator Oppenheimer. 11 SENATOR OPPENHEIMER: I just want 12 to - 13 ACTING PRESIDENT PADAVAN: You're 14 on the roll call. 15 SENATOR OPPENHEIMER: -- in 16 explaining my negative vote, I want to mention 17 that there is a regular review process when 18 roads are closed that has been established for 19 -- for many years, and this is going - 20 circumventing the rules and regulations of the 21 department which do exist. 22 There's plenty of opportunity for 23 public hearing if a road is to be closed, so I 1 don't want people to think that this can't 2 occur. There just is a regular process for it 3 to occur and, by voting against this, you are 4 approving the process of our government. 5 Thank you. 6 ACTING PRESIDENT PADAVAN: 7 Results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 163 are Senators 10 Dollinger, Espada, Galiber, Gold, Jones, Kruger, 11 Montgomery, Nanula, Ohrenstein, Oppenheimer and 12 Smith. Ayes 46, nays 11. 13 ACTING PRESIDENT PADAVAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 168, by Senator Levy - 17 ACTING PRESIDENT PADAVAN: 18 Explanation. 19 SENATOR GOLD: Excuse me. 20 Recognize Senator Mendez. 21 ACTING PRESIDENT PADAVAN: 22 Senator Mendez. 23 SENATOR MENDEZ: Thank you. 1 Mr. President, I would like to be 2 recorded in the negative on Calendar Number 27. 3 ACTING PRESIDENT PADAVAN: 27? 4 SENATOR MENDEZ: That's 27. Yes, 5 27. 6 ACTING PRESIDENT PADAVAN: So 7 ordered. 8 THE SECRETARY: Calendar Number 9 169, by Senator Holland, Senate Bill Number 10 6312, Public Authorities Law. 11 ACTING PRESIDENT PADAVAN: 12 Senator Holland, explanation has been requested. 13 SENATOR HOLLAND: Simply, the 14 bill says, instead of collecting tolls in two 15 directions at the Spring Valley toll barrier, 16 they will just be collected in one direction, as 17 is done in many locations already. 18 SENATOR GOLD: All right. 19 Senator -- will the Senator yield to a 20 question? 21 SENATOR HOLLAND: Yes. 22 SENATOR GOLD: Senator, I do not 23 pretend in any way to be a traffic expert and I 1 rely very heavily, as you do, on Senator Daly, 2 but, Senator, there's a memo in opposition by 3 the State Thruway Authority, and I gather that 4 while these one-way tolls are in effect in 5 certain places, they oppose it here. Have you 6 read their memo? 7 SENATOR HOLLAND: Yes, I have. 8 SENATOR GOLD: Senator, if we 9 were to pass it in this house, I mean, is there 10 any reality that this would occur? 11 SENATOR HOLLAND: I think it's 12 going to occur anyway, Senator. The chairman 13 called me after I introduced the bill and he 14 said to me he thought it was a good idea. They 15 were going to do a quick study. At that point, 16 he did not say he would oppose the bill. I 17 expect that they will find it will save them 18 money and save our people time and that they 19 will do it anyway. 20 The only reason that they, as you 21 know, object to it is because of the Public 22 Authorities Law, which says that we should - 23 let me see if I can read it to you. "The state 1 will not limit or alter the rights hereby vested 2 in the Authority to establish and collect such 3 fees and rentals and charges as may be 4 convenient and necessary to produce sufficient 5 revenue -- sufficient revenue," they say here, 6 "to meet the expenses of maintenance and 7 operation." 8 The Thruway Authority makes 9 sufficient revenue to clear their expenses and 10 makes $162 million in net profits, so I don't 11 think this meets their requirements. 12 SENATOR GOLD: Senator, would you 13 yield to one last question? 14 SENATOR HOLLAND: Yes. 15 SENATOR GOLD: I agree with you 16 that, in reading their memo, they say, in fact, 17 it's something they may do, so there may be 18 merit to it, but they're just saying, basically 19 it's their responsibility under the statute, and 20 they have a study going and we're acting 21 prematurely. Is there merit to that? 22 SENATOR HOLLAND: I think so. I 23 think we should do it anyway. That's why I 1 continued to push the bill, and if they do it in 2 the meantime, it is done, and the bill -- I will 3 withdraw the bill. 4 SENATOR GOLD: I just point out 5 to the house that there is that opposition and, 6 Senator Oppenheimer, you have a - 7 SENATOR OPPENHEIMER: Senator 8 Holland, would you yield for a question? 9 SENATOR HOLLAND: Yes, ma'am. 10 SENATOR OPPENHEIMER: This toll 11 would just be a one-way toll? 12 SENATOR HOLLAND: Yes. 13 SENATOR OPPENHEIMER: I mean, I 14 was going to support this because -- I think I 15 had a misunderstanding. You're just talking 16 about collecting the amount that is now charged 17 going one direction? 18 SENATOR HOLLAND: That's 19 correct. That's all, Senator. 20 SENATOR OPPENHEIMER: Oh. Well, 21 on the bill. I'm normally very supportive of 22 one-way toll collections but that's because, in 23 my county, what we have been doing is doubling 1 the toll and then only paying one direction to 2 permit flow of traffic and to, you know, contain 3 some of the exhaust fumes which you get when 4 cars slow down. 5 SENATOR HOLLAND: In your 6 question, did you mean that we weren't going to 7 double the toll? They are going to double the 8 toll. 9 SENATOR GOLD: They are going to 10 double the toll. 11 SENATOR OPPENHEIMER: Then I'm 12 supportive. 13 Thank you. 14 ACTING PRESIDENT PADAVAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT PADAVAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT PADAVAN: The 23 bill is passed. 1 THE SECRETARY: Calendar Number 2 170, by Senator Holland, Senate Bill Number 3 6335-A, an act to amend the Public Authorities 4 Law. 5 ACTING PRESIDENT PADAVAN: Read 6 the last section. 7 SENATOR GOLD: Is this 170? 8 ACTING PRESIDENT PADAVAN: 9 Calendar Number 170. 10 SENATOR GOLD: Explanation. 11 ACTING PRESIDENT PADAVAN: 12 Explanation. Senator Holland. 13 SENATOR HOLLAND: Basically it 14 says that if there are four people or more in a 15 car crossing the Tappan Zee Bridge, that there 16 should be no toll -- Malcolm Wilson Bridge, 17 that's correct, the Malcolm Wilson Bridge. 18 SENATOR GOLD: Will the Senator 19 yield to a question? 20 SENATOR HOLLAND: Yes, sir. 21 SENATOR GOLD: What is the loss 22 of revenue on this one? 23 SENATOR HOLLAND: I think it's 1 very, very limited but regardless of what the 2 loss of revenue is, this is -- will meet the 3 clean air requirements -- help us meet the clean 4 air requirements that are being imposed by the 5 federal government upon us this time by 6 reducing, hopefully, the number of cars across 7 the bridge. 8 As you know, right now, if there 9 are three passengers in a car, it only costs 50 10 cents to cross the bridge. I would like to 11 encourage more people to get in cars and less 12 cars go across the bridge, less commuters in the 13 morning, by doing this. 14 SENATOR GOLD: Mr. President, 15 would the Senator yield to a question? 16 ACTING PRESIDENT PADAVAN: Would 17 the Senator yield to a question? 18 SENATOR HOLLAND: Yes. 19 SENATOR GOLD: Senator Holland, I 20 understand your concern and you have been 21 discussing the merits of the bill, and I don't 22 want to cloud the argument, but in all fairness, 23 all right -- and we are discussing a budget 1 these days and the major concern, I think for 2 most of us right now, until we get through the 3 end of the fiscal year's budget, I believe and 4 I'll yield to Senator Present and his counsel on 5 this, I believe we need a fiscal note. 6 There's no fiscal note on this 7 bill or with the bill, Senator Holland, and I 8 appreciate the fact that many of the fiscal 9 notes we get are totally inaccurate and don't 10 always help, but in all fairness, there should 11 be something, and I would respectfully ask that 12 maybe you want to lay the bill aside a day and 13 just look into it because, as I said, there's 14 none on the bill itself, and the only memo I 15 have says fiscal implications to be determined 16 which it certainly is not a fiscal note. 17 SENATOR HOLLAND: Senator, 18 actually when 287 comes in, 287 is the new 19 belt-way around the city of New York, that comes 20 in to the Thruway at Suffern and brings all of 21 that traffic up from Jersey which will divide 22 and go north to Stewart Airfield and the 23 Newburgh Bridge and come across the Tappan Zee 1 Bridge. 2 Our revenue -- The Thruway's 3 revenue is going to increase greatly at that 4 point, so there will be no loss in revenue. 5 There actually will be a great gain in revenue. 6 SENATOR GOLD: Senator, if you 7 would yield to a question. I know 287, Senator, 8 and I'm down in that area a lot. I use those 9 roads. That's not what I'm saying. 10 I really believe that the bill 11 requires a fiscal note, and I just think it's - 12 at this early in the session, we can do things 13 right and - 14 SENATOR HOLLAND: Let me just - 15 let me just check this. You tell me if I'm 16 right. This is not -- no impact on state 17 revenues, because this is an authority, so is a 18 fiscal note required? 19 SENATOR GOLD: Well, Senator, I 20 don't think that it -- I'm not going to force 21 you to lay it over and I'm not going to raise 22 issues and go through votes and challenge the 23 Chair. 1 I think there ought to be a 2 fiscal note. It does, in my opinion, affect the 3 revenues of the Thruway, and I would prefer 4 there is such a note. 5 At any rate, I point out that 6 there is a memo in opposition, and here again, 7 if you want to make a statement to the Thruway 8 Authority, I guess you can pass it. You've got 9 a majority and we can make the statement, but I 10 think it's a strange way to negotiate. 11 ACTING PRESIDENT PADAVAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first day of 15 January next succeeding the date on which it 16 shall have become a law. 17 ACTING PRESIDENT PADAVAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 55, nays 2. 21 Senators Galiber and Gold recorded in the 22 negative. 23 ACTING PRESIDENT PADAVAN: The 1 bill is passed. 2 Senator Kuhl. 3 SENATOR KUHL: Yes, Mr. 4 President. On behalf of Senator Levy, would you 5 place a sponsor's star on Calendar Number 175, 6 Senate Print 471. 7 ACTING PRESIDENT PADAVAN: Star 8 placed on that calendar. 9 SENATOR KUHL: Thank you. 10 ACTING PRESIDENT PADAVAN: 11 Senator Montgomery. 12 SENATOR MONTGOMERY: Yes, Mr. 13 President. I would like unanimous consent to be 14 recorded in the negative on Calendar Number 189. 15 ACTING PRESIDENT PADAVAN: So 16 ordered. 17 SENATOR MONTGOMERY: Thank you. 18 ACTING PRESIDENT PADAVAN: Next 19 bill. 20 THE SECRETARY: Calendar Number 21 197, by Senator LaValle, Senate Bill Number 577, 22 Correction Law, in relation to eligible inmates 23 for temporary release programs. 1 ACTING PRESIDENT PADAVAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect - 5 SENATOR GALIBER: Explanation. 6 ACTING PRESIDENT PADAVAN: 7 Explanation is requested. Senator LaValle. 8 SENATOR LaVALLE: Senator 9 Galiber, currently the Corrections Law precludes 10 individuals that have been convicted of escape 11 and absconding offenses from participating in 12 work release programs, and what we are doing is 13 adding bail jumping to that list that would 14 preclude an individual from the privilege of 15 being in a work release program by adding this. 16 It seems to make logical sense 17 where someone who has a record before they reach 18 our corrections facilities. Actually we do not 19 have that in the law to preclude them from being 20 in a work release program. 21 As you know, Senator, I mean, we 22 are having enormous, enormous problems with 23 individuals who are already in our work release 1 programs. 2 I have an article here from 3 Senator Marchi's Newspaper, the Staten Island 4 Advance. It talks about -- I'll just read you 5 just a little bit here to give you a flavor. 6 "More than a thousand inmates 7 assigned to work release programs have fled the 8 state prison system and remain at large, 9 officials said yesterday. Last year, 4,930 of 10 the more than 24,000 inmates who participated in 11 work release programs abused the privilege by 12 not reporting on time to correction facilities." 13 That means about one of six 14 prisoners in the program was absent without 15 leave at any given time, and then the article 16 goes on and cites a lot of statistics about all 17 the problems that we are having. 18 So I think it makes really good 19 sense to -- to have, in statute, as one of the 20 conditions that would preclude an individual 21 from being involved in a work release program, 22 if they have been involved in bail jumping. 23 ACTING PRESIDENT PADAVAN: 1 Senator Galiber. 2 SENATOR GALIBER: Senator, would 3 you yield for a question or two? 4 SENATOR LaVALLE: Yeah. 5 SENATOR GALIBER: Senator, do you 6 recall what the criteria for work release in the 7 past to legislation from years ago? To be more 8 specific, perhaps, what were the crimes that we 9 were not able to include in the work release; in 10 other words, those persons we came up with a 11 notion, in order to get it passed politically, 12 there were certain crimes, outside of A-1 13 felonies, that you would not and could not be 14 eligible for youthful offender, and I think it 15 was based on the seriousness of the charge. Do 16 you recall that? 17 SENATOR LaVALLE: Yes. 18 SENATOR GALIBER: I know that 19 certainly murder would be one, rape for sure, 20 and a couple other serious categories. 21 SENATOR LaVALLE: M-m h-m-m. 22 SENATOR GALIBER: My trouble, 23 Senator, with this piece of legislation is what 1 you are suggesting where politically we were 2 able to get it passed only because it made sense 3 for a very serious category. What you're saying 4 in this piece of legislation, that if you are 5 convicted of bail jumping prior to going into 6 the prison, then you are excluded from being 7 eligible for work release down the line. I 8 don't think absconding should be put in the same 9 category as those being put -- initially put in 10 murder, rape, with exclusionary factors 11 involved. 12 What I think is happening here, 13 you are transferring over those persons who, 14 with the privilege, as you put it, are now on 15 work release, who are there in some instances 16 because of another factor, and that is that we 17 misuse work release by trying to empty out our 18 institutions so that we can make room for more, 19 but this is a situation where bail jumping, in 20 reality, comes about as a result of sometimes a 21 plea bargain, where they use the bail jumping as 22 a driver to get you in a position where you will 23 then plead to another charge. But basically, it 1 does not have that kind of seriousness attached 2 to it if you take it in the context of being an 3 exclusionary factor to preclude people from ever 4 being eligible if they're convicted and sent to 5 our state institutions. That's what troubles 6 me. 7 SENATOR LaVALLE: Senator, I 8 think I followed you in terms of the seriousness 9 when the statute was put into place with the 10 violent felonies, but what we were trying to do, 11 both Assemblyman Feldman and myself who is the 12 Assembly sponsor of this measure, was to carry 13 it to some sort of -- to a rational conclusion, 14 the premise in just the sentence before this 15 which we are amending, that the law currently 16 reads, "No person convicted of any escape or 17 absconding offense," all right, and then what 18 we're carrying to a conclusion and we're saying, 19 "and also, for bail jumping" because we're 20 trying to, I think, I mean, unless I'm missing 21 something - 22 SENATOR GALIBER: I think you 23 are. 1 SENATOR LaVALLE: Okay. Well - 2 SENATOR GALIBER: I think you 3 are, Senator. What it is that you are 4 transferring a non-transferable matter. You're 5 taking the notion of absconding and escape from 6 those who are on work release, to say that if 7 you happen to be bail jumping on the charge that 8 we have before us, that you, therefore, are 9 excluded because you are building into the bail 10 jumping, a pattern that if they were released 11 then, of course, they would then abscond or 12 what, and that is not fair, not right. That's 13 not the essence of the bill. 14 SENATOR LaVALLE: Okay. That is 15 the -- that is the -- I think you put in the 16 premise we are basing this on, I think very 17 accurately, and I think we just have a 18 difference here, of whether our premise is, in 19 your view, logical or not, or in both 20 Assemblyman Feldman's mind and mine. We do 21 build a connection in attitude, if a person is 22 to bail jump then it is very possible that it 23 can lead to other kinds of things, and I think 1 we just come at this in a different way. 2 SENATOR GALIBER: Senator, I may 3 be wrong on this, your advisers and mine could 4 tell me otherwise. Senator, are you aware of 5 the fact that if I'm not -- whether the time 6 span or not, but if you do not show up in a 7 Supreme Court for a felony, and I think there's 8 a time span involved, I'm not sure, but if I'm 9 not, then you can be charged after, I think 30 10 days. I think that's what it is, 30 days. Then 11 you could be charged with bail jumping. Bail 12 jumping, from a practical standpoint by itself, 13 is never prosecuted. 14 ACTING PRESIDENT PADAVAN: 15 Senator Galiber, would you address the Chair. 16 SENATOR GALIBER: Yes. I'm 17 sorry, Mr. President. It's just the awkward - 18 it's just this new seat that I have. I have 19 been used to - 20 ACTING PRESIDENT PADAVAN: It's 21 okay. Senator LaValle, would you yield to the 22 question? 23 SENATOR LaVALLE: Was it a 1 question or was it a statement? 2 SENATOR GALIBER: It was a 3 statement. Well, let me ask you a question so 4 you can respond to it. Senator, how long do you 5 have to be away from the case in order for you 6 to be charged or the people to have the 7 responsibility of the charge of bail jumping, if 8 you know? 9 SENATOR LaVALLE: Senator, I'm 10 not absolutely sure, but I think we take care of 11 your concerns, in the definition under Sections 12 215.55, .56 and .57, and I think what -- I think 13 we deal with that in those sections of law, so 14 as not to treat the time away as what you are 15 inferring, as a -- as a more casual lapse and 16 then a person who has a bail jumping, therefore, 17 is precluded from a work release program. 18 That's what you're saying to me, aren't you? 19 SENATOR GALIBER: Basically - 20 I'll sum up on it because you and I differ on 21 it. 22 Mr. President, thank you for your 23 patience. This piece of legislation -- and I 1 understand where my colleague is coming from, 2 but it's just another situation where we are 3 adding on to the pile, if you will, something 4 that was never intended for work release. 5 We passed the work release bill 6 some years ago, and the theory behind it was a 7 simple one, that if you work hard in the prison, 8 and if you made certain progress, you might very 9 well be eligible for work release after a 10 stipulatd time or a time to be decided by the 11 Department of Corrections. 12 We excluded those very serious 13 crimes, and some of us argued at that time that 14 even the serious crimes, once someone gets past 15 a certain number of years, the possibility of 16 recidivism is not there, but politically we had 17 to make the change. 18 Now, we add because of your 19 connection which you and I differ on, there's 20 where the difference really is, and I say 21 there's more to the distinction that there 22 really is a difference, that you are taking 23 those persons who have been released from -- who 1 were on work release, who are in our community, 2 and because they have no jobs or they abscond or 3 we're putting too many of them out there. 4 Senator, what I would like to see 5 a piece of legislation I'll vote for -- they've 6 got some 94-day persons who are only 7 incarcerated for 94, 95 days, those persons who 8 are eligible for work release and they're out 9 there on work release, not the ones you're 10 talking about, the ones who happen to be hooked 11 into the situation where bail jumping has been 12 brought forth as an indictment. 13 In the bail jumping, they use it 14 simply, Mr. President, as a kind of vehicle 15 through which they can get quality pleas for 16 those persons who are somewhat reluctant, and in 17 some instances they even bring an indictment. 18 They don't even ask for an indictment at all. 19 They hold them in their back pocket. They have 20 won a case every five or six years since I have 21 been up here. They've got the indictment or the 22 possibility of an indictment in the back 23 pocket. 1 So, Senator, this is not -- I 2 know what you're trying to do, but there's so 3 many other areas I'm disturbed about, why our 4 corrections department, work release, why they 5 have day reporting, because they are double 6 bunking, and the whole slew of other things, why 7 we can't get some to vote for alternatives to 8 incarceration, so we can put some serious people 9 -- serious offenders in jail, not to keep those 10 who are indicted for absconding in our 11 institutions, if they're eligible otherwise for 12 work release. 13 That's why, Mr. President, I 14 oppose this piece of legislation. I think I 15 certainly know where my colleague is coming 16 from. I just don't agree where he's going on 17 this issue. 18 ACTING PRESIDENT PADAVAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT PADAVAN: Call 23 the roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 55, nays 2, 3 Senators Galiber and Montgomery recorded in the 4 negative. 5 ACTING PRESIDENT PADAVAN: The 6 bill is passed. 7 Senator Present. 8 SENATOR PRESENT: I believe 9 Senator Montgomery would like to speak. 10 ACTING PRESIDENT PADAVAN: 11 Senator Montgomery. 12 SENATOR MONTGOMERY: Yes, Mr. 13 President. I would like unanimous consent to be 14 recorded in the negative on Calendar 27, Number 15 27. 16 ACTING PRESIDENT PADAVAN: 17 Calendar Number 27, so directed. 18 SENATOR MONTGOMERY: Thank you. 19 SENATOR PRESENT: Any other 20 housekeeping? 21 ACTING PRESIDENT PADAVAN: I do 22 not believe so, Senator. 23 SENATOR PRESENT: Mr. President, 1 there being no further business, I move we 2 adjourn until tomorrow at 3:00 p.m. 3 ACTING PRESIDENT PADAVAN: The 4 Senate is adjourned. 5 (Whereupon, at 5:12 p.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15 16 17