Wednesday, February 5, 1997

619 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 February 5, 1997 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS W. LIBOUS, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT LIBOUS: The 3 Senate will come to order. Members please find 4 their seats. Would you all please rise and join 5 me in the national -- in the Pledge of 6 Allegiance. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, we'll 10 all bow our heads and have a moment of silence, 11 please. 12 (A moment of silence was 13 observed.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, February 4. The Senate met pursuant to 17 adjournment. The Journal of Monday, February 18 3rd, was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT LIBOUS: Hearing 21 no objections, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 1 Reports of standing committees. 2 Reports of select committees. 3 Communication and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Connor, do you have a 7 motion? 8 SENATOR CONNOR: Yes, thank you, 9 Mr. President. 10 I move that -- on behalf of 11 Senator Stavisky, I move that the following bill 12 be discharged from its committee and be 13 recommitted with instructions to strike the 14 enacting clause: Senate Bill Number 805. 15 ACTING PRESIDENT LIBOUS: The 16 bill is recommitted and the enacting clause is 17 stricken, without objection. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. President, 20 can we at this time take up the 21 non-controversial calendar. 22 ACTING PRESIDENT LIBOUS: We will 23 take up the non-controversial calendar. 24 Secretary will read. 25 THE SECRETARY: Calendar Number 1 43, by Senator Goodman, Senate Print Number 424, 2 an act to amend the Penal Law, in relation to 3 consecutive terms of imprisonment. 4 ACTING PRESIDENT LIBOUS: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 1st day of 8 November. 9 ACTING PRESIDENT LIBOUS: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 31. 13 ACTING PRESIDENT LIBOUS: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 55, by Senator Goodman, Senate Print Number 638, 17 an act to amend the Vehicle and Traffic Law, in 18 relation to allowing parking violation bureaus 19 to increase the fine for illegal parking. 20 ACTING PRESIDENT LIBOUS: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT LIBOUS: Call 25 the roll. 1 Lay the bill aside. 2 THE SECRETARY: Calendar Number 3 57, by Senator Seward, Senate Print 293, an act 4 to amend the Real Property Tax Law, in relation 5 to business investment exemptions. 6 SENATOR CONNOR: Lay it aside. 7 ACTING PRESIDENT LIBOUS: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 61, by Senator DeFrancisco, Senate Print Number 11 477, an act to amend the Tax Law, in relation to 12 authorizing an infrastructure exemption. 13 ACTING PRESIDENT LIBOUS: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 31. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 72, by Senator Seward, Senate Print Number 375, 25 an act to amend the Public Service Law, in 1 relation to removal of telephonic blocks. 2 ACTING PRESIDENT LIBOUS: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT LIBOUS: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 31. 10 ACTING PRESIDENT LIBOUS: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 75, by Senator Skelos, Senate Print Number 179, 14 an act to authorize the payment of transporta 15 tion aid to the Baldwin Union Free School 16 District. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. There's a local fiscal note 19 at the desk. Read the last section. 20 THE SECRETARY: Section 6. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LIBOUS: Call the 23 roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 31. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 78, by Senator Wright, Senate Print Number 731, 6 an act to legalize, ratify and confirm the acts 7 and proceedings of the board of education of the 8 Mexico Central School District. 9 ACTING PRESIDENT LIBOUS: There's 10 a local fiscal impact note at the desk. Call 11 the roll. 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 33. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 81, by Senator LaValle, Senate Print Number 734, 23 an act to amend the Vehicle and Traffic Law, in 24 relation to traffic control indicators. 25 ACTING PRESIDENT LIBOUS: Read 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 1st day of 4 January. 5 ACTING PRESIDENT LIBOUS: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 33. 9 ACTING PRESIDENT LIBOUS: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 83, by Senator Levy, Senate Print Number 925, an 13 act to amend the Transportation Law, in relation 14 to establishing a demonstration program. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect in 30 days. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 33. 23 ACTING PRESIDENT LIBOUS: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 111, by Senator Goodman, Senate Print Number 2 1664, an act to amend Chapter 12 of the Laws of 3 1920, relating to allowing and regulating 4 boxing, sparring and wrestling matches. 5 ACTING PRESIDENT LIBOUS: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date as such 9 chapter. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 33. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 Senator Bruno, that completes the 17 non-controversial calendar. 18 SENATOR BRUNO: Mr. President, 19 can we at this time take up the controversial 20 calendar. 21 ACTING PRESIDENT LIBOUS: 22 Controversial calendar. Secretary will read. 23 THE SECRETARY: Calendar Number 24 55, by Senator Goodman, Senate Print Number 638, 25 an act to amend the Vehicle and Traffic Law, in 1 relation to allowing parking violation bureaus 2 to increase the fine for illegal parking. 3 ACTING PRESIDENT LIBOUS: Read 4 the last section. That bill is laid aside. 5 THE SECRETARY: Calendar Number 6 57, by Senator Seward, Senate Print Number 293, 7 an act to amend the Real Property Tax Law, in 8 relation to business investment exemptions. 9 SENATOR PATERSON: Explanation. 10 ACTING PRESIDENT LIBOUS: An 11 explanation -- Senator Sampson, you require an 12 explanation? 13 SENATOR SAMPSON: Yes. I'd like 14 a question or two of Senator Seward, if 15 possible. 16 ACTING PRESIDENT LIBOUS: Senator 17 Seward? Senator Seward. Senator Sampson, can 18 we just lay that aside temporarily? 19 SENATOR SAMPSON: O.K. 20 ACTING PRESIDENT LIBOUS: Senator 21 Paterson, why do you rise, sir? 22 SENATOR PATERSON: Mr. President, 23 yesterday in the chamber we passed Calendar 24 Number 31, which related to the provision that 25 would require the Pledge of Allegiance and the 1 National Anthem to be conducted at State 2 University graduations, and Senator Lachman and 3 I voted against the legislation and voiced a few 4 concerns. 5 Senator Johnson, after session, 6 was able to explain to the satisfaction of 7 Senator Lachman and myself how the legislation 8 would act and that it would not limit anyone 9 who, for religious reasons or any others, did 10 not want to participate in stating the Pledge of 11 Allegiance. 12 Therefore, hoping that I speak 13 for Senator Lachman and myself, had we been able 14 to discuss that earlier, we would have voted 15 affirmatively on that bill with the 16 understanding that what makes our country as 17 great as it is is that we do even allow those 18 who don't even see the value in our country or 19 for religious reasons that they do not want to 20 participate, that we still welcome them as 21 citizens. 22 Thank you. 23 ACTING PRESIDENT LIBOUS: Senator 24 Paterson, the record will note that. 25 SENATOR LACHMAN: For both of 1 us. 2 ACTING PRESIDENT LIBOUS: Both 3 Senator Lachman and Senator Paterson. Correct. 4 SENATOR LACHMAN: Thank you. 5 ACTING PRESIDENT LIBOUS: 6 Secretary will read Calendar Number 57. 7 THE SECRETARY: Calendar Number 8 57, by Senator Seward, Senate Print Number 293, 9 an act to amend the Real Property Tax Law, in 10 relation to business investment exemptions. 11 ACTING PRESIDENT LIBOUS: Senator 12 Sampson. 13 SENATOR SAMPSON: Yes, I'd like 14 to have Senator Seward yield to a question. 15 ACTING PRESIDENT LIBOUS: Senator 16 Seward, will you yield to Senator Sampson? 17 SENATOR SEWARD: Certainly, Mr. 18 President. 19 SENATOR SAMPSON: My question is, 20 Senator Seward, why aren't we removing fire 21 districts from this bill? 22 SENATOR SEWARD: Why? 23 SENATOR SAMPSON: Yes. 24 SENATOR SEWARD: Well, Mr. 25 President, the logic here is, while we are all 1 collectively very interested in economic devel 2 opment and as part of our economic development 3 efforts in the state, very often new business 4 ventures are granted business investment 5 exemptions in terms of local tax, and that's 6 very very appropriate. 7 What this bill seeks to do is to 8 uncouple the fire district taxes from that 9 process with the idea behind it that the new 10 business venture that's in town obviously needs 11 to have fire service and that it seems 12 appropriate that the business venture in the 13 community should contribute toward the expenses 14 of providing that fire service in the community 15 through the fire district taxes. 16 It's -- these are generally very 17 small amounts. I do not believe that in any way 18 that it would alter the decision of a business 19 coming into the community or not, but what we 20 seek to do here is to have that new business 21 venture contribute to the expenses of the local 22 fire service, and I think that's very 23 appropriate, and I think that helps the 24 community to be even more open to new business, 25 the fact that we have a good strong effective 1 fire service in place. 2 ACTING PRESIDENT LIBOUS: Senator 3 Sampson. 4 SENATOR SAMPSON: So it's your 5 position that it wouldn't stifle business 6 investment? 7 SENATOR SEWARD: That's correct, 8 Mr. President. We're talking about, in compari 9 son to the regular property taxes, these are - 10 obviously vary from community to community, but 11 these -- we're talking about such small amounts 12 here that, if I felt for one moment that it 13 would alter a business decision, that it would 14 slow down business development in this state, I 15 would not be sponsoring this bill. 16 ACTING PRESIDENT LIBOUS: Senator 17 Sampson. 18 SENATOR SAMPSON: Thank you. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LIBOUS: Call 24 the roll. 25 (The Secretary called the roll. ) 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 Secretary will read Calendar 5 Number 55. 6 THE SECRETARY: Calendar Number 7 55, by Senator Goodman, Senate Print Number 638, 8 an act to amend the Vehicle and Traffic Law, in 9 relation to allowing parking violations bureaus 10 to increase the fine for illegal parking. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 SENATOR CONNOR: Explanation. 14 ACTING PRESIDENT LIBOUS: Senator 15 Goodman, an explanation has been asked on 16 Calendar Number 55. 17 SENATOR GOODMAN: Mr. President. 18 ACTING PRESIDENT LIBOUS: Senator 19 Goodman. 20 SENATOR GOODMAN: This bill seeks 21 to amend the Vehicle and Traffic Law in relation 22 to allowing parking violations bureaus to 23 increase the fine for illegal parking in spaces 24 designated for use by the handicapped. The bill 25 increases the maximum fine for parking in a 1 handicapped parking zone from 150 to $250. 2 The purpose of the bill is 3 obviously to discourage people from using 4 handicapped parking spaces which are clearly 5 reserved for the intended use of those who have 6 difficulty going from a space to a store and 7 there, unfortunately, are a number of thought 8 less people and selfish people who decide to 9 preempt to themselves the parking spaces 10 designated for the handicapped even though 11 they're not handicapped, so I think this bill 12 seeks to add a deterrent to make certain that 13 the handicapped spaces are indeed available for 14 uses intended. 15 ACTING PRESIDENT LIBOUS: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT LIBOUS: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 55 are Senators 24 Maltese, Onorato, Padavan, Rosado, Sampson, 25 Skelos and Velella. Ayes 42 -- also Senator 1 Kruger. Ayes 41, nays 8. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 Could we go back to reports of 5 standing committees, please. Secretary will 6 read. 7 THE SECRETARY: Senator Marchi, 8 from the Committee on Corporations, Authorities 9 and Commissions, reports the following bills: 10 Senate Print 117, by Senator 11 Nozzolio, an act to amend the Cooperative 12 Corporations Law; 13 Senate Print 153, by Senator 14 Tully, an act to amend the Public Authorities 15 Law, in relation to the use of video 16 conferencing equipment. 17 Senator LaValle, from the 18 Committee on Higher Education, reports the 19 following bills: 20 Senate Print 559, by Senator 21 LaValle, an act to amend the Education Law, in 22 relation to community service opportunities; 23 738, by Senator Johnson, an act 24 to amend the Education Law, in relation to 25 prohibiting particular political organizations; 1 and 2 931, by Senator Maziarz, an act 3 to amend the Education Law, in relation to 4 prohibiting the merchandising of credit cards. 5 All bills ordered directly for 6 third reading. 7 ACTING PRESIDENT LIBOUS: Without 8 objection, bills reported. 9 Senator Bruno, that concludes the 10 calendar. 11 SENATOR BRUNO: Mr. President, do 12 you have any other things that have to be done, 13 save by way of keeping order in this chamber? 14 ACTING PRESIDENT LIBOUS: I 15 believe there is no housekeeping at this time. 16 SENATOR BRUNO: Then, Mr. 17 President, there being no further business to 18 come before the Senate, I move that we stand 19 adjourned until Monday, at 3:00 p.m., 20 intervening days to be legislative days. 21 ACTING PRESIDENT LIBOUS: The 22 Senate stands adjourned until Monday at 3:00 23 p.m. 24 (Whereupon at 11:27 a.m., the 25 Senate adjourned. )