Tuesday, March 26, 1996

2743 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 26, 1996 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 2744 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Pastor Tom Stiles from the First 9 Baptist Church of West Seneca. He is also 10 president of New Yorkers for Constitutional 11 Freedoms. 12 Pastor Stiles. 13 PASTOR TOM STILES: Shall we 14 pray. Heavenly Father, we thank You for life 15 and liberty in our great land. We thank You for 16 the many blessings that we've received from Your 17 hand. I thank You that I live in a state where 18 the Senate believes it's right and proper to 19 pause and ask for the guidance of Heaven before 20 conducting the business of the day. I pray God 21 that You give these men and wisdom -- men and 22 women wisdom as they make decisions, as they 23 deliberate not only this day but throughout this 2745 1 year. Help them to recognize, Heavenly Father, 2 that before God they have three responsibili 3 ties: To make laws that would cause evil to be 4 punished, goodness to be promoted and the 5 innocent to be protected, including the most 6 innocent of all, the unborn. I thank You for 7 our state and I ask God that Your blessing would 8 continue to rest upon us and these men and women 9 and their families this day. In Jesus' name. 10 Amen. 11 THE PRESIDENT: Amen. 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Monday, March 25th. The Senate met pursuant to 16 adjournment. Prayer by the Reverend Peter G. 17 Young, Blessed Sacrament Church, Bolton Landing. 18 The Journal of Sunday, March 24th, was read and 19 approved. On motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 2746 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, reports the 6 following bill directly to third reading: 7 Senate Print 6658, Budget Bill, 8 an act to amend Chapters 50 and 53 of the Laws 9 of 1995, making appropriations for the support 10 of government. 11 THE PRESIDENT: Without 12 objection, the bill goes directly to third 13 reading. 14 Reports of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. 18 Senator Farley. 19 SENATOR FARLEY: Thank you, Madam 20 President. 21 On behalf of Senator Stafford, on 22 page 27, I offer the following amendments to 23 Calendar Number 508, Senate Print 6298, and I 2747 1 ask that that bill retain its place on the Third 2 Reading Calendar. 3 THE PRESIDENT: Amendments 4 received. 5 SENATOR FARLEY: On behalf of 6 Senator Libous, Madam President, on page 19, I 7 offer the following amendments to Calendar 8 Number 418, Senate Print 4493, and I ask that 9 that bill retain its place on the Third Reading 10 Calendar. 11 THE PRESIDENT: Amendments 12 received. 13 Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 can we ask for an immediate meeting of the 16 Conservation Committee in Room 332. 17 THE PRESIDENT: There will be an 18 immediate meeting of the Confirmations Committee 19 in Room 332, the Environmental Conservation 20 Committee. 21 Senator Bruno. 22 SENATOR BRUNO: Madam President, 23 I believe that there is a privileged resolution 2748 1 at the desk by Senator Alesi. I would ask that 2 its title be read and move for its immediate 3 adoption. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator Alesi, 7 Legislative Resolution commemorating the opening 8 of Tops Markets, Incorporated International 9 Super Center at the Perinton Square Mall. 10 THE PRESIDENT: The question is 11 on the resolution. All in favor signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The resolution is adopted. 17 Senator Onorato. 18 SENATOR ONORATO: Madam 19 President, I move the following bills be 20 discharged from their respective committees and 21 be recommitted with instructions to strike the 22 enacting clause: Senator Espada, Numbers 5174 23 and 5175. 2749 1 I also move the following bill to 2 be discharged from the respective committee and 3 be recommitted with instructions to strike the 4 enacting clause, for Senator Babbush, Senate 5 Bill 6477. 6 THE PRESIDENT: The enacting 7 clauses will be struck. 8 SENATOR ONORATO: Thank you. 9 Senator Bruno. 10 SENATOR BRUNO: Madam President, 11 I now move the immediate adoption of the 12 Resolution Calendar with the exception of 13 Resolution 2357. 14 THE PRESIDENT: All those in 15 favor of adopting the Resolution Calendar 16 signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The Resolution Calendar is 21 adopted. 22 Senator Bruno, are you ready for 23 the calendar? 2750 1 SENATOR BRUNO: Madam President, 2 yes. Can we at this time take up the 3 non-controversial calendar. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: On page 8, 7 Calendar Number 128, by Senator Levy, Senate 8 Print 25-B, an act to amend the Real Property 9 Tax Law, in relation to granting a graduated 10 real property school tax exemption. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 40. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 371, by Senator Seward, Senate Print 6141, an 22 act to amend the Public Service Law, in relation 23 to annual reports for gas, electric, steam and 2751 1 water corporations. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 40. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 386, by Senator Lack, Senate Print 5954. 13 SENATOR CONNOR: Lay it aside for 14 the day, please. 15 THE PRESIDENT: Lay it aside, 16 please. 17 THE SECRETARY: Calendar Number 18 387, by Senator Seward, Senate Print 5997, an 19 act to amend the Tax Law, in relation to 20 extending the hotel and motel tax in Otsego 21 County. 22 THE PRESIDENT: Read the last 23 section, please. 2752 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 40. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 397, by Senator Libous, Senate Print 4003-A, an 10 act to amend the Correction Law, in relation to 11 extending civil immunity to officers or 12 employees to the Office of Mental Health. 13 THE PRESIDENT: Read the last 14 section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 43. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 407, by Senator Holland, Senate Print 5072-A, an 2753 1 act to permit the re-opening of the optional 20 2 year retirement plan to Douglas P. Hoering. 3 THE PRESIDENT: There's a home 4 rule message at the desk. Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 43. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 420, by Senator Marcellino, Senate Print 5772, 15 an act to amend the General Business Law, in 16 relation to the conversion of home oil heating 17 systems. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect January 1st. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 2754 1 THE SECRETARY: Ayes 43. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 423, by Senator Saland, Senate Print 1423, an 6 act to amend the Executive Law, in relation to 7 fees and expenses of the Department of State for 8 certain services rendered. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 90th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 44. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 431, by Senator Skelos, Senate Print 402, an act 20 to amend the Penal Law, in relation to the 21 monetary standards that presently establish 22 criminal mischief. 23 THE PRESIDENT: Read the last 2755 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 44. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 432, by Senator Saland, Senate Print Number 12 1436-A, an act to amend Chapter 505 of the Laws 13 of 1985, amending the Criminal Procedure Law. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 44. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 2756 1 442, by Senator DeFrancisco, Senate Print 2 4686-A, an act to amend the Criminal Procedure 3 Law, in relation to the time limitations for 4 speedy trial. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 47. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 444, by Senator Goodman, Senate Print 5743-A. 16 THE PRESIDENT: Lay aside, 17 please. 18 THE SECRETARY: Calendar Number 19 450, by Senator Marcellino, Senate Print Number 20 6316. 21 THE PRESIDENT: Senator Bruno. 22 SENATOR BRUNO: I'm sorry, Madam 23 President. Forgive me for interrupting, but 2757 1 could we ask for an immediate meeting of the 2 Investigations and Taxation Committee in Room 3 332. 4 THE PRESIDENT: Yes. There will 5 be an immediate meeting of the Investigations 6 and Taxation Committee in Room 332. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 453, by Senator Maltese, Senate Print Number 10 256-A, an act act to amend the Real Property Tax 11 Law, in relation to an optional school tax 12 exemption for certain disabled veterans. 13 THE PRESIDENT: Read the last 14 section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect June 1st. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 49. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 455, by Senator Larkin, Senate Print 1963, an 2758 1 act to amend the Education Law, in relation to 2 expanding student aid programs for Vietnam 3 veterans. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 5. This 7 act shall take effect on the 120th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 49. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 540, by Senator Hoblock, Senate Print 6378-A, an 15 act to amend the Civil Service Law, in relation 16 to voluntary transfer of state personnel. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 49. 2759 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 541, by Senator Hoblock, Senate Print 6624, an 5 act to provide a retirement incentive for 6 certain public employees. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 15. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 49. 14 THE PRESIDENT: The bill is 15 passed. 16 Senator Bruno, that completes the 17 non-controversial calendar. 18 Senator Sears. 19 SENATOR SEARS: Yes, Madam 20 President. On page 8, Calendar Number 92, Bill 21 Number 1665-A, I'd like to have that bill 22 starred, please. 23 THE PRESIDENT: The bill is 2760 1 starred. 2 Senator Bruno? (Pause) 3 Senator Bruno, that completes the 4 non-controversial calendar. 5 SENATOR BRUNO: Madam President, 6 can we at this time take up Calendar Number 7 542. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Senator Stafford 11 moves to discharge from the Committee on Finance 12 Assembly Bill Number 9536 and substitute it for 13 the identical Calendar Number 542. 14 THE PRESIDENT: Substitution 15 ordered. 16 THE SECRETARY: Calendar Number 17 542, Budget Bill, Assembly Print Number 9536, an 18 act to amend Chapters 50 and 523 of the Laws of 19 1995, making appropriations for the support of 20 government. 21 SENATOR BRUNO: Madam President, 22 is there a message of necessity at the desk? 23 THE PRESIDENT: Yes, Senator 2761 1 Bruno, there is. 2 SENATOR BRUNO: Move to accept 3 the message. 4 THE PRESIDENT: All in favor of 5 accepting the message of necessity signify by 6 saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The message is accepted. Read 11 the last section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 49. 17 THE PRESIDENT: The bill is 18 passed. 19 SENATOR BRUNO: Madam President, 20 can we at this time reconsider the vote on 21 Calendar Number 420. 22 THE PRESIDENT: The Secretary 23 will read. 2762 1 THE SECRETARY: Calendar Number 2 420, by Senator Marcellino, Senate Print Number 3 5772, an act to amend the General Business Law, 4 in relation to the conversion of home oil 5 heating systems. 6 THE PRESIDENT: Read the last 7 section. 8 SENATOR BRUNO: Madam President, 9 can we at this time lay that bill aside for the 10 day. 11 THE PRESIDENT: Call the roll on 12 reconsideration, please. 13 (The Secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 49. 16 THE PRESIDENT: Lay the bill 17 aside. 18 The Senate will remain at ease 19 for a few moments while we wait for the reports 20 of the committees. 21 (At 3:22 p.m., the Senate stood 22 at ease until 3:26 p.m.) 23 SENATOR BRUNO: Madam President, 2763 1 can we at this time return to reports of 2 standing committees and hear the report on the 3 Investigation and Taxation Committee from the 4 esteemed chairman, Senator Roy Goodman. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Senator Goodman, 8 from the committee on Investigations, Taxation 9 and Government Operations, reports the following 10 bills: 11 Senate Print 5362-A, by Senator 12 Skelos, an act to amend Chapter 704 of the Laws 13 of 1991, amending the Arts and Cultural Affairs 14 Law; 15 Senate Print 6596, by Senator 16 Nozzolio, an act to amend Chapter 55 of the Laws 17 of 1992, amending the Tax Law and other laws 18 relating to taxes, surcharges, fees and 19 funding. 20 All bills ordered directly for 21 third reading. 22 THE PRESIDENT: Without 23 objection, bills direct to third reading. 2764 1 Senator Bruno. 2 SENATOR BRUNO: Madam President, 3 can we at this time take up Calendar Number 444. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 444, by Senator Goodman, Senate Print 5743-A, an 8 act to amend the Penal Law, in relation to 9 computer networks. 10 THE PRESIDENT: An explanation 11 has been requested. 12 Senator Goodman. 13 SENATOR GOODMAN: Madam 14 President, as we all know, technology has moved 15 forward very rapidly in recent years and we now 16 have a new phenomenon known as E-mail. For 17 those of you who do not have personal computers 18 and were not accustomed to E-mail let me briefly 19 describe what is involved in this so that you 20 can understand the background of the bill. 21 When you sit at your personal 22 computer, you can send an E-mail message to any 23 other computer owner anywhere in the world. For 2765 1 example, if you happen to have a subscription to 2 America On Line, it is possible for you to send 3 mail within that system to any other possessor 4 of an America On Line subscription with a 5 personal home computer, so that as I sit at my 6 computer at home, from time to time I've often 7 received messages from my children in various 8 other cities, or friends, and as I sit at my 9 computer doing work, there is suddenly a chime 10 that makes a b-r-r-ring noise, and it indicates 11 that there is mail waiting. I then hit a few 12 keys and I'm treated to a lovely message, 13 normally replete with family sentiment, from one 14 of my kids. 15 But, unfortunately, it is not 16 always sweetness and light with respect to E 17 mail. Just as the telephone has been used for 18 purposes of harassment and the mails have been 19 used for purposes of harassment, now we have the 20 new phenomenon of computer harassment via the 21 function of an E-mail personal computer 22 operation. 23 The purpose of this bill is to 2766 1 simply expand the current definition of the 2 current law with respect to the communication by 3 computer network to the crime of aggravated 4 harassment in the second degree. 5 The bill defines "computer 6 network" in Section 156 of the Penal Law. It 7 amends Section 240 of the Penal Law by adding 8 "computer network" to the list of other forms 9 of communication. Currently, in Section 240.30 10 of the Penal Law, a person is guilty of 11 aggravated harassment in the second degree with 12 intent to harass and knowingly threaten harm to 13 another person when they communicate or cause to 14 communicate by mechanical electronic means by 15 phone, telegraph, mail or any other written form 16 of communication. 17 There is presently no definition 18 of "computer network" in the Penal Law. By 19 providing this one, this bill will protect 20 people against the precisely same kind of 21 harassment from which they are protected at the 22 present time. 23 THE PRESIDENT: Senator 2767 1 Paterson. 2 SENATOR PATERSON: Thank you, 3 Madam President. 4 On the bill, we just wanted to 5 verify what Senator Goodman just rather 6 eloquently explained, that through the use of 7 Section 240.30 of the Penal Law, he has 8 delineated that there must be intent to harass 9 and has raised in this piece of legislation the 10 standard of what would be the elements that 11 would constitute the crime of harassment. 12 We just wanted to make sure that 13 they were there and that this was not a form of 14 censorship. It's quite clear that it is there 15 and it's fine. Thank you. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first day of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 2768 1 THE PRESIDENT: The bill is 2 passed. 3 SENATOR BRUNO: Madam President, 4 are there any other matters that should come 5 before the Senate that is at the desk at this 6 time? 7 THE PRESIDENT: No, Senator 8 Bruno, there are not. 9 SENATOR BRUNO: There are not. 10 Then there being no further business to come 11 before the Senate, I move that we stand 12 adjourned until 3:00 p.m. tomorrow. 13 THE PRESIDENT: Without 14 objection, the Senate stands adjourned until 15 Wednesday, March 27th, at 3:00 p.m. 16 (Whereupon at 3:32 p.m., the 17 Senate adjourned. ) 18 19 20 21 22 23