Wednesday, May 7, 1997

3285 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 7, 1997 11 11:14 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 3286 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to find 4 their places, staff to find their places. I'd 5 ask everybody in the chamber to please rise and 6 join me in saying the Pledge of Allegiance to 7 the Flag. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 bow our heads in a moment of silence. 12 (A moment of silence was 13 observed. ) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 6th. The Senate met pursuant to 17 adjournment. The Journal of Monday, May 5th, 18 was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 3287 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. The 6 Chair recognizes Senator Farley. 7 SENATOR FARLEY: Thank you, Mr. 8 President. 9 On behalf of you, Senator, Mr. 10 President, I wish to call up your bill -- no, 11 I'm sorry. I move to recommit the Senate Print 12 1456, Calendar Number 876 -- it's on the order 13 of the First Report -- to the Committee on 14 Investigations and Taxation. I think that's the 15 motion, isn't it? I haven't done that kind of 16 motion before, a motion to recommit. 17 ACTING PRESIDENT KUHL: Without 18 objection, the bill is recommitted. 19 SENATOR FARLEY: And on behalf of 20 Senator Marcellino, would you place a sponsor's 21 star on Calendar Number 615. 22 ACTING PRESIDENT KUHL: Calendar 23 Number 615 is starred at the request of the 24 sponsor. 25 Senator Farley. 3288 1 SENATOR FARLEY: That's it. 2 ACTING PRESIDENT KUHL: Thank 3 you. Any other motions or resolutions? Senator 4 Skelos, we have some substitutions; ask the 5 Secretary to read. 6 SENATOR SKELOS: Do the 7 substitutions. 8 ACTING PRESIDENT KUHL: Ask the 9 Secretary to read. 10 THE SECRETARY: Senator Lack 11 moves to discharge from the Committee on 12 Judiciary Assembly Bill Number 1069 and 13 substitute it for the identical Senate bill, 14 First Report 739. 15 Senator Lack moves to discharge 16 from the Committee on Judiciary Assembly Bill 17 Number 6488 and substitute it for the identical 18 Senate bill, First Report 749. 19 Senator Meier moves to discharge 20 from the Committee on Judiciary Assembly Bill 21 Number 6489 and substitute it for the identical 22 Senate bill, First Report 753. 23 Senator Lack moves to discharge 24 from the Committee on Judiciary Assembly Bill 25 Number 5229 and substitute it for the identical 3289 1 Senate bill, First Report 757. 2 Senator Trunzo moves to discharge 3 from the Committee on Civil Service and Pensions 4 Assembly Bill 7594 and substitute it for the 5 identical Senate bill, First Report 792. 6 Senator Present moves to 7 discharge from the Committee on Commerce, 8 Economic Development and Small Business Assembly 9 Bill 6084 and substitute it for the identical 10 Senate bill, First Report 847. 11 Senator Leibell moves to 12 discharge from the Committee on Energy and 13 Telecommunications Assembly Bill Number 422 and 14 substitute it for the identical Senate bill, 15 First Report 850. 16 Senator Farley moves to discharge 17 from the Committee on Tourism, Recreation and 18 Sports Development Assembly Bill 6160, and 19 substitute it for the identical Senate bill, 20 First Report 908. 21 Senator Maziarz moves to 22 discharge from the Committee on Crime Victims, 23 Crime and Correction Assembly Bill 5793 and 24 substitute it for the identical Senate bill, 25 First Report 916. 3290 1 Senator Trunzo moves to discharge 2 from the Committee on Environmental Conservation 3 Assembly Bill 6667, and substitute it for the 4 identical Senate bill, First Report 926. 5 ACTING PRESIDENT KUHL: 6 Substitutions are ordered. 7 Senator Skelos, that brings us to 8 the calendar. 9 SENATOR SKELOS: Mr. President, 10 there will be an immediate meeting of the 11 Veterans Committee in Room 332 of the Capitol. 12 ACTING PRESIDENT KUHL: There 13 will be an immediate meeting of the Veterans 14 Committee, immediate meeting of the Veterans 15 Committee in the Majority Conference Room, Room 16 332. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could take up the non-controversial 20 calendar, please. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the non-controversial calendar. 23 THE SECRETARY: Calendar Number 24 388, by member of the Assembly Parment, Assembly 25 Print 4920, an act to amend the Agriculture and 3291 1 Markets Law, in relation to the definition of 2 crops, livestock and livestock products. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 40. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 477, by Senator Saland, Senate Print 815, an act 15 to amend the Family Court Act, in relation to 16 expanding the jurisdiction of the Family Court. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 24 THE SECRETARY: Ayes 42. 25 ACTING PRESIDENT KUHL: The bill 3292 1 is passed. 2 THE SECRETARY: Calendar Number 3 510, by Senator Leibell, Senate Print 3626, an 4 act to amend the Executive Law, in relation to 5 allowing designees of certain members of the 6 state Uniform Fire Prevention and Building Code 7 Council. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 42. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 537, by member of the Assembly John, Assembly 20 Print 7045, an act to amend the Mental Hygiene 21 Law, in relation to receivership authority of 22 the Office of Alcoholism. 23 SENATOR PATERSON: Lay aside. 24 ACTING PRESIDENT KUHL: Lay the 25 bill aside. 3293 1 THE SECRETARY: Calendar Number 2 565, by member of the Assembly Weisenberg, 3 Assembly Print 339, an act to amend the 4 Education Law, in relation to display of flags 5 in the classrooms. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 578, by Senator LaValle, Senate Print 3739, an 18 act to amend the Education Law, in relation to 19 the membership of the Board of Trustees of the 20 Higher Education Services Corporation. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 3294 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 43. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 585, by Senator Trunzo, Senate Print 4298, an 8 act to amend the Retirement and Social Security 9 Law, in relation to increasing the maximum 10 amount which retired persons may earn. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 43. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 593, by Senator Maltese, Senate Print 1650-A, an 23 act to amend the General Business Law, in 24 relation to advertisements on private property. 25 SENATOR PATERSON: Lay aside, 3295 1 please. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 594, by Senator Kuhl, Senate Print 2059, an act 6 to amend Section 1 of Chapter 628 of the Laws of 7 1996. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. There is a home 10 rule message at the desk. Secretary will read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 44. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 599, by Senator Marcellino, Senate Print 2848, 22 an act to amend the General Municipal Law, in 23 relation to establishing the town of Huntington 24 Industrial Development Agency. 25 ACTING PRESIDENT KUHL: There is 3296 1 a home rule message at the desk. Secretary will 2 read the last section. 3 SENATOR GOLD: Hold on. Lay it 4 aside, please. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 600, by Senator DeFrancisco, Senate Print 3005, 9 an act to amend the County Law, in relation to 10 the autopsy of an inmate of a correctional 11 facility. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 45. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 601, by Senator Seward, Senate Print 3095, an 24 act to amend the Town Law, in relation to 25 qualifications of electors at town elections. 3297 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 602, by Senator Rath, Senate Print 3638, an act 13 to amend the Town Law, in relation to applicant 14 fees paid for certain services. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 3298 1 604, by Senator Meier, Senate Print 3937, an act 2 to authorize the town of Paris to convey certain 3 park lands. 4 ACTING PRESIDENT KUHL: There is 5 a home rule message at the desk. Secretary will 6 read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 605, by Senator Nozzolio, Senate Print 4039, an 17 act to authorize the town board of the town of 18 Sodus to exclude from the Sodus Water District 19 Number 5 certain lands. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 Senator Skelos, that completes 23 the reading of the non-controversial calendar. 24 SENATOR SKELOS: Could we take up 25 the controversial calendar. 3299 1 ACTING PRESIDENT KUHL: Secretary 2 will read the controversial calendar beginning 3 with Calendar Number 537, by Senator Wright, on 4 page 53. 5 THE SECRETARY: Calendar Number 6 537, by member of the Assembly John, Assembly 7 Print 7045, an act to amend the Mental Hygiene 8 Law, in relation to receivership authority of 9 the Office of Alcoholism and Substance Abuse 10 Services. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 Wright, an explanation of Calendar Number 537 14 has been requested by the Acting Minority 15 Leader, Senator Paterson. 16 SENATOR WRIGHT: Thank you, Mr. 17 President. 18 The bill amends the Mental 19 Hygiene Law to establish a procedure for placing 20 providers in receivership when warranted and 21 authorizing the Commissioner of the state OASAS 22 agency, Office of Alcoholism and Substance Abuse 23 Services to intercede and utilize these powers. 24 It is comparable to existing statute that 25 provides those powers and authorities to the 3300 1 Commissioner of Health as well as the 2 Commissioner of Mental Hygiene. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Thank you. If 6 Senator Wright would please - 7 ACTING PRESIDENT KUHL: Senator 8 Wright, do you yield to a question from Senator 9 Paterson? 10 SENATOR WRIGHT: Yes, I do, Mr. 11 President. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR PATERSON: Senator, 15 actually this is a very good idea and even the 16 Trial Lawyers who are objecting to this concede 17 that it is a good idea. 18 SENATOR WRIGHT: Albeit 19 reluctantly, but that's appreciated. 20 SENATOR PATERSON: Mr. President, 21 they raise an issue, I think, relating to 22 Section 7 of the legislation, lines 42 to 48, 23 which speak to the issues of -- of suits being 24 brought against -- against the individuals who 25 would be holding the -- who would be holding the 3301 1 receivership. 2 Now, obviously, you would not 3 want to hold anyone liable for any activity that 4 took place before any company operated the 5 premise, but it appears in the legislation that 6 there would be in a sense a bar to any 7 litigation after the fact, and I was wondering 8 if that's the correct reading of the -- of the 9 proposed legislation. 10 SENATOR WRIGHT: Well, the intent 11 of the legislation is to ensure that we have 12 accessibility to individuals and agencies that 13 will function as receivers in this temporary and 14 short-term capacity and, as an encouragement to 15 do that, there are restrictions on the exposure 16 that they're going to incur, but it does not 17 preclude the ability to pursue liability, 18 particularly in instances of gross negligence 19 and intentional acts, so I think we've attempted 20 to cover the issue from that standpoint. 21 ACTING PRESIDENT KUHL: Senator 22 Paterson. 23 SENATOR PATERSON: Mr. President, 24 if the Senator would yield to another question. 25 ACTING PRESIDENT KUHL: Senator 3302 1 Wright, would you yield? 2 SENATOR WRIGHT: I will, Mr. 3 President. 4 SENATOR PATERSON: With respect 5 to the fact that there is compensation, why 6 would there be a higher standard of the legal 7 threshold in this instance. The encouragement 8 to -- the encouragement to become involved in 9 receivership is certainly understood, but isn't 10 this really a very high standard that would be 11 to some extent unreasonable, that it would 12 preclude any kind of legal action against the 13 company that's holding, even though the company 14 is being compensated? 15 SENATOR WRIGHT: Well, Senator, I 16 don't believe it precludes any kind of legal 17 action. I think it defines when that action can 18 take place and, more importantly, I think it's 19 consistent with existing statutory authority 20 that is already extended to other agencies and 21 other commissioners. 22 SENATOR PATERSON: Thank you, Mr. 23 President. One last question. 24 ACTING PRESIDENT KUHL: Senator 25 Wright, do you continue to yield? 3303 1 SENATOR WRIGHT: Yes, I do. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR PATERSON: But there are 5 outlined in these lines 42 to 48, two specific 6 and separate protections that actually exist 7 and, in my opinion, that is not the way it 8 usually would be or is outlined for any other 9 agency, so what I'm suggesting, Senator, is that 10 this is a specific instance where we are 11 actually putting in writing, in other words we 12 are codifying the fact that it would be much 13 more difficult to bring an action in this 14 particular case, even though the entity is being 15 compensated for their action. So the only 16 situation that's different in this particular 17 case is that there's a possibility that OASAS 18 would lose the facility, the facility is in a 19 great deal of trouble, it's in receivership, and 20 what I'm saying is I can understand establishing 21 an incentive for a company to come in and 22 operate the facility, and the tremendous need on 23 the part of those who would be utilizing the 24 facility. 25 But I'm just requesting that, Mr. 3304 1 President, that Senator Seward give me an idea 2 as to whether or not this changes the legal 3 standard from the way it would usually be. 4 SENATOR WRIGHT: Senator Wright 5 doesn't believe that it does change the legal 6 standard and believes that it's consistent and 7 while I can appreciate the point that you're 8 making, I don't happen to share it. 9 SENATOR PATERSON: Thank you, Mr. 10 President. 11 SENATOR WRIGHT: Thank you. 12 ACTING PRESIDENT KUHL: Any other 13 Senator wishing to speak on the bill? Hearing 14 none, the Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 ACTING PRESIDENT KUHL: Announce 21 the results when tabulated. 22 THE SECRETARY: Ayes 49, nays 2, 23 Senators Connor and Paterson recorded in the 24 negative. 25 ACTING PRESIDENT KUHL: The bill 3305 1 is passed. 2 Senator Skelos. 3 SENATOR SKELOS: There will be an 4 immediate meeting of the Consumer Protection 5 Committee in the Majority Conference Room. 6 ACTING PRESIDENT KUHL: There 7 will be an immediate meeting of the Consumer 8 Protection Committee, immediate meeting of the 9 Consumer Protection Committee in Room 332, Room 10 332, the Majority Conference Room. 11 Secretary will continue to read 12 the controversial calendar. 13 THE SECRETARY: Calendar Number 14 593, by Senator Maltese, Senate Print 1650-A, an 15 act to amend the General Business Law, in 16 relation to advertisements on private property. 17 SENATOR PATERSON: Explanation, 18 please. 19 ACTING PRESIDENT KUHL: Senator 20 Maltese, an explanation of Calendar Number 593 21 has been requested by Senator Paterson. 22 SENATOR MALTESE: Thank you, Mr. 23 President. 24 First of all, this bill has been 25 requested by numerous civic and community 3306 1 organizations throughout the state, not only in 2 the city of New York and throughout the state. 3 It is a reaction to the large amount of -- the 4 proliferation of these menus and leaflets and 5 pamphlets that are not newspapers that in most 6 cases, especially in urban areas, are flung into 7 the vestibules and doorways of residences and is 8 an attempt to limit and prevent this type of 9 littering on private premises. 10 It states that any papers, flyers 11 or pamphlets soliciting business -- so they are 12 commercial -- placed anywhere on private 13 property where the owner has posted a sign 14 stating that the placement of such papers, 15 flyers or pamphlets shall be prohibited, shall 16 be deemed to be litter and no person, his or her 17 agent, employee or other person under his or her 18 control shall cause such litter. 19 It provides for a civil penalty 20 of not less than $250 nor more than $1,000 for 21 such littering. It specifically indicates that 22 the -- a newspaper does not fall under this 23 category and would not be prohibited. 24 That's essentially the bill, and 25 my Assembly sponsor is Assemblyman Stringer who 3307 1 has advised me that, if it moves here it will 2 move there. 3 SENATOR DOLLINGER: Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Paterson. 7 SENATOR PATERSON: Mr. President, 8 Senator Maltese, in addition to representing his 9 area in Queens has obviously represented the 10 interests of others. Just last week I was away 11 for a few days and, until I read the newspapers, 12 I thought that it was legal for me to be away. 13 Apparently it's against the law, and one of the 14 disturbing findings that was revealed to me when 15 I came back is that anyone that leaves their 16 property now, that lives in an apartment in New 17 York City, is likely to be exposed by the fact 18 that Chinese restaurants will leave pamphlets 19 under the doors, and other restaurants actually 20 as well, and it can become not only a nuisance 21 but a safety hazard, so I am clear about what it 22 is you're trying to address in this legislation. 23 When you specifically made 24 reference to the fact that the business was 25 commercial, I would assume that that would 3308 1 exclude any kind of campaign literature or any 2 kind of public service literature that would be 3 placed? 4 SENATOR MALTESE: Yes, that's 5 correct. That was the intent of the bill, Mr. 6 President. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Other than - 10 other than -- other than the commercial 11 enterprise, do you see any instances where the 12 commercial enterprise would, in a sense, be 13 related to elements of free speech? 14 SENATOR MALTESE: Mr. President, 15 no. I'm advised by counsel that this bill was 16 previously put forth and the change that has 17 been made requires the property owner to post a 18 notice. It has -- I've been advised by counsel 19 that posting the notice, this action by the land 20 owner, prevents it from entering within the 21 constitutional realm as far as prevention of 22 free speech since the property owner would be 23 deemed to have a right to prevent persons 24 utilizing his property for their own purposes. 25 SENATOR PATERSON: Thank you, Mr. 3309 1 President. 2 ACTING PRESIDENT KUHL: Senator 3 Dollinger. 4 SENATOR DOLLINGER: Will the 5 sponsor yield to a couple questions? 6 SENATOR MALTESE: Yes. 7 ACTING PRESIDENT KUHL: Sponsor 8 yields. 9 SENATOR DOLLINGER: Is it your 10 intention in this bill to ban flyers that would 11 be put out by the Girl Scouts selling Girl Scout 12 cookies? 13 SENATOR MALTESE: Absolutely 14 not. 15 SENATOR DOLLINGER: Aren't those 16 a form of property that's delivered to solicit 17 business? 18 SENATOR MALTESE: Well, the - 19 Mr. President, the non-profit aspect of the Girl 20 Scouts would seem to preclude it being 21 categorized as a commercial business enterprise, 22 as a commercial enterprise. 23 SENATOR DOLLINGER: Just for the 24 record, could you tell me where in the bill the 25 exception is for not-for-profit businesses? 3310 1 ACTING PRESIDENT KUHL: Senator 2 Maltese, you continue to yield? 3 SENATOR MALTESE: Yes. 4 SENATOR DOLLINGER: Excuse me, 5 Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 continues to yield. 8 SENATOR MALTESE: Yes. 9 SENATOR DOLLINGER: Thank you. 10 SENATOR MALTESE: Mr. President, 11 it would seem that in the ordinary sense these 12 -- these exceptions would be covered under 13 other laws, tax laws, tax-exempt laws, 14 non-profit laws. In other words, the ordinary 15 -- I don't know if "commercial" as such is 16 specifically defined in any of our statutes. I 17 imagine that it is, but it would not seem to me 18 that any enterprise carried out by the Girl 19 Scouts, even if it involves peripherally some 20 sale of cookies, would come under that cate 21 gory. 22 Ordinarily, these -- these 23 fund-raising drives and what have you are 24 excluded because they're charitable, are 25 excluded from taxation, and I believe that would 3311 1 make them non-commercial. I guess the purpose 2 makes them non-commercial. 3 SENATOR DOLLINGER: Again just - 4 again through you, Mr. President. 5 ACTING PRESIDENT KUHL: Do you 6 yield, Senator Maltese? 7 SENATOR MALTESE: Yes. 8 SENATOR DOLLINGER: Just so I can 9 see, could you tell me where the phrase 10 "commercial" is used in the statute? 11 SENATOR MALTESE: It's probably 12 -- Mr. President, it's probably in the prior 13 version. I see - 14 SENATOR DOLLINGER: I -- that's 15 why, Senator, you mentioned the term 16 "commercial". 17 SENATOR MALTESE: Yeah. 18 SENATOR DOLLINGER: And I don't 19 see - 20 SENATOR MALTESE: The -- in 21 response to the inquiry, I assume the sentence, 22 "any papers, flyers or pamphlets soliciting 23 business," and I imagine the terminology 24 "soliciting business" has replaced 25 "commercial," and would be applicable in that 3312 1 circumstance. 2 SENATOR DOLLINGER: Again through 3 you, Mr. President, if the Senator will continue 4 to yield. 5 ACTING PRESIDENT KUHL: Yes, 6 Senator Maltese? 7 SENATOR DOLLINGER: What about a 8 flyer dropped at the doorstep in a large 9 apartment building or left in the lobby, that 10 would solicit tenants to come to a meeting or to 11 become members of a group that, for example, 12 were involved in a rent control protest or to 13 raise money for a rent control protest? Would 14 those flyers be deemed litter and the rent 15 organization, the tenants organization, be 16 subject to the civil penalties that are 17 described here? 18 SENATOR MALTESE: Mr. President, 19 it would seem very clearly that they're not. I 20 mean, even if we take the phrase "soliciting 21 business" which obviously was preferable over 22 "commercial", we would have to say that in no 23 way, shape or form would the -- the 24 circumstances enumerated by Senator Dollinger be 25 included in that. 3313 1 SENATOR DOLLINGER: Again through 2 you, Mr. President, is it your position, then 3 that a tenants organization seeking to increase 4 its membership, which is in the business of 5 representing tenants, that would seek tenants to 6 join and seek them to become a part of a protest 7 or for that matter raising money on a particular 8 issue, that that wouldn't be the business of the 9 tenants organization and, therefore, it wouldn't 10 be covered by this? 11 SENATOR MALTESE: Mr. President, 12 I think it's pretty plain that, when you're 13 saying "soliciting business" you're trying to 14 approach the very circumstances that Senator 15 Paterson was talking about, menus. The largest 16 amounts of complaints in this area have been 17 against restaurants and menus, and other - 18 other commercial enterprises, and soliciting 19 business would seem to be not increasing 20 membership or involving themselves in protests 21 or tenants' groups or what have you. Those are 22 the very things that most -- most persons would 23 commend and encourage. 24 SENATOR DOLLINGER: Again through 25 you, Mr. President, just two other quick 3314 1 questions if the Senate would continue to 2 yield. 3 ACTING PRESIDENT KUHL: Senator 4 Maltese, you continue to yield? 5 SENATOR MALTESE: Yes. 6 ACTING PRESIDENT KUHL: Senator 7 continues to yield. 8 SENATOR DOLLINGER: Would a flyer 9 dropped in a building which solicited someone to 10 join a collective bargaining organization -- as 11 you know, unions are in the business of 12 soliciting members as part of their business - 13 would that type of flyer run afoul of the civil 14 penalty and, if so, how would it be justified 15 under federal law? 16 SENATOR MALTESE: Mr. President, 17 it would seem to me that that again is not 18 soliciting business. I think a jurist or a - 19 any judge would seem to me to be able to clearly 20 define what soliciting business is and I don't 21 think under any frame of reference that that 22 would be soliciting business. 23 SENATOR DOLLINGER: Again through 24 you, one final question, Mr. President. Senator 25 Paterson raised the issue of political campaign 3315 1 materials. It would not be included in this 2 because they're, of course, not soliciting 3 business. 4 My question is, would news 5 letters issued by public officials dropped at 6 the doorstep of a tenants association or left in 7 a public -- in a building which had a "posted" 8 sign, would that be considered soliciting 9 business as well, the newsletters that you send 10 out to your constituents and I send out to mine? 11 SENATOR MALTESE: Mr. President, 12 I think the -- those newsletters as such, I 13 don't know that they fall under newspapers, 14 because they wouldn't be -- they wouldn't be in 15 that category but certainly the newsletters or 16 any political flyers would not be soliciting 17 business, and that, you know, the asking of the 18 questions and the responses, it seems to me, 19 would make a legislative record to that extent 20 and definitely it is not the intent of either 21 myself or Assemblyman Stringer to include any 22 political flyer or pamphlet or any civic or 23 community or non-profit group flyer or 24 pamphlet. 25 SENATOR DOLLINGER: Thank you, 3316 1 Mr. President. 2 Just briefly on the bill, if I 3 could. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger, on the bill. 6 SENATOR DOLLINGER: Mr. 7 President, I'm going to vote against this bill 8 because I think the exceptions that I just 9 talked about, whether it's for the Girl Scouts 10 that solicit cookie sales, they're no different 11 than the Chinese restaurant that stands there 12 and solicits an order for Chinese food. 13 It seems to me, if you allow the 14 Girl Scouts to do it and, you know, if the 15 statute isn't clear that there's an exception 16 for not-for-profit companies, then you're going 17 to have a problem constitutionally of whether or 18 not you can enforce it against Chinese 19 restaurants. 20 In addition, I think there's a 21 problem under collective bargaining because I 22 wouldn't want flyers in which unions seek to add 23 members or rally people to their cause would be 24 considered litter and could be then fined for 25 the distribution of that material. I think Boy 3317 1 Scouts are in the same position when they ask 2 you for your newspapers or your recyclables so 3 that they can take money. I think that the 4 tenants association that leaves flyers at the 5 door asking for tenants to join in their 6 business of the tenants organization would also 7 violate this statute and, lastly, I think the 8 newsletters that we leave at the door which say 9 if you need any help with soliciting your 10 business, call us on the phone, call us because 11 we can do something to help you, would run afoul 12 of this as well. 13 I think you've either got to 14 increase the number of exceptions that you have 15 in this bill. I understand the intent, but this 16 bill doesn't do the job that the Senator would 17 like it to do. 18 I'll be voting in the negative. 19 SENATOR LEICHTER: Mr. 20 President. 21 ACTING PRESIDENT KUHL: Senator 22 Padavan. 23 SENATOR PADAVAN: I rise, Mr. 24 President, because I think the concerns that 25 have been expressed by Senator Dollinger just 3318 1 fall in the general category of hogwash. 2 SENATOR DOLLINGER: Hogwash? 3 SENATOR PADAVAN: Hogwash. You 4 know what hogwash is? 5 In the first place, my daughter 6 was a Girl Scout, and they don't leave flyers on 7 the door. They ring your doorbell and they want 8 to sell you cookies, so I don't understand that 9 particular objection. 10 Our mailings go in the mail box 11 because there's postage on it. So I don't 12 understand that. 13 I have never heard of unions 14 soliciting members by leaving flyers on door 15 steps. They usually do it at the work place or 16 through the mail. 17 So all of these points you've 18 made are just totally irrelevant. But I applaud 19 Senator Maltese for putting this bill before us, 20 because in my district both tenants and home 21 owners have complained to me incessantly about 22 this problem, and one of their primary concerns 23 is security. 24 When these throw-away commercial 25 pamphlets and supermarket flyers are left at the 3319 1 doorstep, on the stoop, thrown on the lawn, as I 2 find them -- when I go home tonight I'll find 3 them there because I do every week -- it's a 4 clear indication that no one is home and unless 5 you make arrangements with a neighbor or someone 6 to pick that up, anyone who's up to no good, to 7 burglarize your home or your apartment, knows 8 you're not there. 9 I had a particular situation of a 10 lady in my district who is blind, and she had to 11 make arrangements with neighbors to pick up 12 these flyers, and I wrote to the several 13 organizations that she sent me the -- in some 14 cases they're wrapped in cellophane or whatever 15 and I asked them, Please don't leave these 16 commercial flyers on her lawn in front of her 17 door. Obviously they're not doing you any value 18 in this case, and they're causing a problem. 19 They totally ignored her. 20 Now, I think the points that 21 Senator Maltese has made and in this bill, that 22 the owner of the property must take a positive 23 overt action and put up a notice, covers all of 24 the problems that anybody can conceivably see 25 relevant to this issue, and I suggest to you, 3320 1 Senator, that you are trying very, very hard to 2 find problems where there are none, and the 3 phrase "business", as a non-attorney it's very 4 clear to me what business is. Someone is trying 5 to sell me something, not join an association, 6 not do anything else but sell me something or 7 get me to go to their store and buy something, 8 and I think this bill deals with a problem that 9 is very real, and it's a quality of life issue 10 and it's a security issue in my area. 11 ACTING PRESIDENT KUHL: Senator 12 Leichter. 13 SENATOR LEICHTER: Yes, Mr. 14 President. I -- I think this bill, in addition 15 to having a "hogwash" problem, I think also has 16 some infirmities that do concern me. 17 I think for instance the second 18 provision, second section, holding the owner of 19 any business listed without requiring that that 20 owner, in fact, directed the pamphlets to be 21 placed which in most instances you assume will 22 be the case, but it may not be. Certainly it 23 seems to me that it ought to state that it was 24 placed there with or, under direction or at 25 least the knowledge of the owner. 3321 1 I want to say, Senator Maltese, I 2 think the original provision which I gather from 3 the debate which talks of "commercial" rather 4 than "soliciting business", I think "soliciting 5 business" is an unfortunate term because I think 6 it is unclear. It may be clear to you and me 7 and Senator Padavan, but I think the courts 8 generally talk of commercial, and I think you'll 9 have to admit that you're in an area which is 10 very, very constitutionally difficult where 11 there have been a lot of Supreme Court cases and 12 even "commercial" speech to some extent is 13 protected, but the court talks of commercial 14 speech and not of soliciting business. 15 So I -- I think Senator Dollinger 16 made some good points. I also think that there 17 may be some forms of behavior in our society 18 that are objectionable that we may not be able 19 to reach by the criminal law. I don't know 20 whether we can strictly prescribe every bit of 21 behavior that we want people to engage in. Some 22 of it really has to be -- has to depend upon how 23 people act in their buildings and in their 24 society, maybe people have got to go around 25 their building and remove these pamphlets. 3322 1 But having said this, Senator 2 Maltese, I'm going to vote for it and I'll tell 3 you why: Because about a year and a half ago I 4 came home. There was this package outside my 5 door, poorly wrapped. There was an address of 6 some building in my district. I looked at it 7 and I was about to pick it up and then this was 8 the day of the Unibomber before he was caught. 9 I said, Be careful. The more I thought about 10 it, I said I better do something about it. I 11 called the Postal Service, and they said, Don't 12 touch that. We're going to come right over; 13 we're going to X-ray it, and they did, they came 14 the next day, two agents, and they X-rayed it, 15 and they said, No bomb. You want us to open 16 it? I have said, Yes, please do. They opened 17 it. It was full of menus for Chinese 18 restaurants and a note from tenants in my 19 district, with a note saying, Senator, for God's 20 sake, do something about this. 21 Senator Maltese, I'm going to 22 support your bill. 23 ACTING PRESIDENT KUHL: Senator 24 Dollinger. 25 SENATOR DOLLINGER: With all due 3323 1 respect to my colleague, Senator Leichter, and 2 his story about the Uniflyer episode outside of 3 his door, I want to touch on something that 4 Senator Leichter did say that I think makes the 5 bill defective, and that is the notion that 6 using the phrase "soliciting business". We take 7 this phrase, we tuck it in a statute like this, 8 it becomes law. Some day ten years from now a 9 court says, Gee, are the Girl Scouts soliciting 10 business when they put flyers in your building, 11 which they do in Rochester. They must not do it 12 in Queens, as Senator Padavan pointed out, when 13 his daughter was a Girl Scout, and maybe they've 14 moved up in modern marketing; they're starting 15 to compete with the Chinese restaurants. But 16 some court is going to be called on to determine 17 whether that's soliciting business, and they're 18 going to look at this Legislature and say, My 19 gosh, we got to apply the standard tests to a 20 legislative pronouncement. What are those 21 standard tests? We'll have -- we realize the 22 Legislature strictly intended that this be done 23 for any time they solicit business, any time 24 they solicit business -- very funny! Any time 25 they solicit business, that must have meant the 3324 1 Girl Scouts. It must have meant the Boy Scouts. 2 It must have meant all those people that are out 3 there asking people to do things. 4 I just think the statute needs 5 work. I don't think that the magazine exception 6 should include other exceptions for 7 not-for-profit groups. I also think we're going 8 to have a terribly difficult constitutional time 9 sustaining this if you allow newspapers and 10 don't allow other flyers, other information. 11 Mr. President, I raise those 12 issues. I don't think they're hogwash. I think 13 they're realistic. I think we're only going to 14 give the courts another hot potato that they're 15 not going to know what to do with and some day 16 the Girl Scouts or the Boy Scouts or the local 17 tenants groups are going to be fined under this, 18 and say, How could they ever -- the state 19 Legislature, ever have been allowed to interfere 20 with that communication, and the answer is we 21 did because we didn't draft it right. 22 I'll be voting in the negative, 23 Mr. President. 24 ACTING PRESIDENT KUHL: Is there 25 any other Senator wishing to speak on the bill? 3325 1 Hearing none, the Secretary will read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 ACTING PRESIDENT KUHL: Announce 9 the results when tabulated. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 593, Senators 12 Dollinger and Kuhl. Ayes 52, nays 2. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. Secretary will continue to read. 15 THE SECRETARY: Calendar Number 16 599, by Senator Marcellino, Senate Print 2848, 17 an act to amend the General Municipal Law, in 18 relation to establishing a town of Huntington 19 Industrial Development Agency. 20 ACTING PRESIDENT KUHL: Senator 21 Marcellino, Senator Paterson has asked an 22 explanation on Calendar Number 599. 23 SENATOR MARCELLINO: Mr. 24 President, this bill amends the General 25 Municipal Law by adding a new Section 907(d) to 3326 1 establish the town of Huntington Industrial 2 Development Agency in the county of Suffolk. 3 It has been introduced at the 4 request of the Huntington Town Board and 5 represents an effort by the town to provide 6 effective economic planning. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson, did you have a question after the 9 explanation? 10 SENATOR PATERSON: No, Mr. 11 President. I just wanted to hear the 12 explanation. 13 ACTING PRESIDENT KUHL: Thank 14 you, Senator Paterson. Thank you, Senator 15 Marcellino. 16 There is a home rule message at 17 the desk. The Secretary will read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 24 ACTING PRESIDENT KUHL: Announce 25 the results when tabulated. 3327 1 THE SECRETARY: Ayes 53, nays 2 one, Senator Leichter recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 605, by Senator Nozzolio, Senate Print Number 7 4039, an act authorizing the town board of the 8 town of Sodus to exclude from the Sodus Water 9 District Number 5 certain lands. 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Nozzolio, an explanation of Calendar Number 605 13 has been requested by Senator Paterson. 14 SENATOR PATERSON: Mr. President, 15 this home rule bill authorizes the town of 16 Sodus, New York to exclude a parcel of land from 17 its Water District Number 5. The owners of the 18 lands to be excluded have been receiving their 19 water from the neighboring town of Williamson 20 since before the establishment -- prior to the 21 establishment of the Sodus Water District Number 22 5. 23 The owners' property, as is often 24 the case as you know, Mr. President, in rural 25 areas is located on two towns. It crosses the 3328 1 town line border. They continue -- the property 2 owners continue to receive their water from the 3 town of Williamson and pay for that use, but 4 they're also paying an ad valorem tax to the 5 town of Sodus. 6 Town law does not allow the 7 avoidance of paying double water bills so that 8 what we are doing here is permitting the town 9 board of Sodus to exclude from its water 10 district this certain property located in the 11 town of Williamson. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson, did you have a further question? 14 SENATOR PATERSON: No, thank you, 15 Mr. President. 16 ACTING PRESIDENT KUHL: All 17 right. Any other Senator wishing to speak on the 18 bill? Hearing none, the Secretary will read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll. ) 25 THE SECRETARY: Ayes 54. 3329 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos, that completes 4 the reading of the calendar. 5 SENATOR SKELOS: Is there any 6 housekeeping at the desk? 7 ACTING PRESIDENT KUHL: There is 8 none at this time, Senator Skelos. 9 SENATOR SKELOS: I'm not going to 10 say, there being no, because there is more 11 business to attend to. We'll stand at ease, Mr. 12 President. 13 ACTING PRESIDENT KUHL: The 14 Senate will stand at ease. 15 (Whereupon at 11:58 a.m., the 16 Senate stood at ease until 12:19 p.m.) 17 ACTING PRESIDENT LARKIN: I'm 18 sorry, Senator Bruno. 19 SENATOR BRUNO: Mr. President, 20 thank you. Rather than have members just 21 waiting, we have a printing difficulty at the 22 moment and we were trying to get that resolved, 23 and our expectation is that we will have 24 everything that we have to have done so that we 25 can do the emergency bill that keeps the budget 3330 1 going for the next six weeks, but we won't have 2 it ready much before quarter to two. So I am 3 going to suggest that we at this time stand in 4 recess until 2:00 p.m. 5 ...At 12:20 p.m.... 6 ACTING PRESIDENT LARKIN: The 7 Senate will stand in recess until two. 8 (Whereupon at 12:20 p.m., the 9 Senate recessed, reconvening at 2:21 p.m.) 10 ACTING PRESIDENT KUHL: Senate 11 will come to order. Ask the members to come 12 into the chamber, members who are here to find 13 their places. 14 Chair recognizes Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to motions and resolutions. I 17 believe that there are two resolutions at the 18 desk, by Senator Bruno. I ask that the titles 19 be read and move for their immediate adoption. 20 ACTING PRESIDENT KUHL: We will 21 return to the order of motions and resolutions. 22 The Chair will direct the Secretary to read the 23 titles of the two privileged resolutions which 24 are at the desk. 25 THE SECRETARY: By Senator Bruno, 3331 1 Senate Resolution, authorizing the Temporary 2 President of the Senate to file an election to 3 make certain officers or employees of the Senate 4 eligible for the retirement incentive offered by 5 Chapter 41 of the Laws of 1997. 6 By Senator Bruno, Concurrent 7 Resolution of the Senate and Assembly author 8 izing the Temporary President of the Senate and 9 the Speaker of the Assembly to file an election 10 to make certain officers and employees of joint 11 legislative employers eligible for the 12 retirement incentive offered by Chapter 41 of 13 the Laws of 1997. 14 SENATOR SKELOS: I move we adopt 15 the resolutions. 16 ACTING PRESIDENT KUHL: Question 17 is on the two privileged resolutions at the 18 desk. All those in favor signify by saying 19 aye. 20 (Response of "Aye.") 21 Opposed nay. 22 The resolutions are both in their 23 entirety adopted. 24 Chair recognizes Senator Tully. 25 SENATOR TULLY: Thank you, Mr. 3332 1 President. 2 On behalf of Senator Volker, I 3 wish to call up his bill, Print Number 1466, 4 recalled from the Assembly which is now at the 5 desk. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: By Senator 9 Volker, Senate Print 1466, an act to amend the 10 Civil Rights Law. 11 ACTING PRESIDENT KUHL: Senator 12 Tully. 13 SENATOR TULLY: Mr. President, I 14 now move to reconsider the vote by which this 15 bill was passed. 16 ACTING PRESIDENT KUHL: Secretary 17 will call the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT KUHL: Senator 22 Tully. 23 SENATOR TULLY: Mr. President, I 24 now offer the following amendments. 25 ACTING PRESIDENT KUHL: The 3333 1 amendments are received and adopted. 2 Senator Tully. 3 SENATOR TULLY: Mr. President, on 4 behalf of Senator Velella, on page 41, I offer 5 the following amendments to Calendar Number 232, 6 Senate Number 18, and ask that said bill retain 7 its place on the Third Reading Calendar. 8 ACTING PRESIDENT KUHL: Amendments 9 to Calendar Number 232 are received and adopted 10 and the bill will retain its place on the Third 11 Reading Calendar. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 there will be an immediate meeting of the 15 Finance Committee in the Majority Conference 16 Room. 17 ACTING PRESIDENT KUHL: There 18 will be an immediate meeting of the Senate 19 Finance Committee, immediate meeting of the 20 Senate Finance Committee in the Majority 21 Conference Room, Room 332 in the Capitol. 22 The Senate will stand at ease 23 awaiting a report of the Finance Committee. 24 (The Senate stood at ease from 25 2:25 p.m. until 2:45 p.m.) 3334 1 ACTING PRESIDENT KUHL: Senate 2 will come to order. Ask the members to find 3 their places. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could return to reports of standing 7 committees, I believe there's a report of the 8 Finance Committee at the desk. I ask that it be 9 read. 10 ACTING PRESIDENT KUHL: We'll 11 return to the order of reports of standing 12 committees. I'll ask the Secretary to read the 13 report of the Finance Committee. 14 THE SECRETARY: Senator Stafford, 15 from the Committee on Finance, offers up the 16 following bills directly for third reading: 17 Senate Print 5274, by the 18 Committee on Rules, an act making appropriations 19 for the support of government; 20 5275, by the Committee on Rules, 21 an act to amend Chapter 298 of the Laws of 1985, 22 amending the Tax Law, relating to the franchise 23 tax; 24 5273, by the Committee on Rules, 25 an act making appropriations for the support of 3335 1 government. 2 ACTING PRESIDENT KUHL: Senator 3 Skelos. 4 SENATOR SKELOS: Mr. President, I 5 move to accept the report of the Finance 6 Committee. 7 ACTING PRESIDENT KUHL: Motion is 8 to accept the report of the Finance Committee. 9 All those in favor signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 The report is accepted. The 14 bills are ordered directly to third reading. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 at this time, if we could take up Calendar 18 Number 1066, Senate Number 5274. 19 ACTING PRESIDENT KUHL: Secretary 20 will read Calendar Number 1066. 21 THE SECRETARY: Calendar Number 22 1066, by the Committee on Rules, Senate Print 23 5274, an act making appropriations for the 24 support of government. 25 ACTING PRESIDENT KUHL: Senator 3336 1 Skelos. 2 SENATOR SKELOS: Are there 3 messages of necessity and appropriation at the 4 desk? 5 ACTING PRESIDENT KUHL: There 6 are. 7 SENATOR SKELOS: Move to accept. 8 ACTING PRESIDENT KUHL: Motion is 9 to accept the message of necessity and 10 appropriation on Calendar Number 1066 which is 11 at the desk. All those in favor signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The message is accepted. 17 Secretary will read the last 18 section. 19 Senator Dollinger, why do you 20 rise? 21 SENATOR DOLLINGER: Just for the 22 point of order, Mr. Chairman -- Mr. President. 23 What bill is this? 24 ACTING PRESIDENT KUHL: This is 25 Calendar Number 1066. It is Senate Print 5274, 3337 1 5274. 2 SENATOR DOLLINGER: This is 5274, 3 the bill. Thank you. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 6. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 ACTING PRESIDENT KUHL: Record 12 the negatives and announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1066, Senators 15 Alesi, Dollinger, Maziarz, Nanula and Wright. 16 Ayes 51, nays 5. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 may we please take up Calendar Number 1067, 22 Senate 5275. 23 ACTING PRESIDENT KUHL: Secretary 24 will read the title of Calendar Number 1067. 25 THE SECRETARY: Calendar Number 3338 1 1067, by the Committee on Rules, Senate Print 2 5275, an act to amend Chapter 298 of the Laws of 3 1995, amending the Tax Law, relating to the 4 franchise tax. 5 ACTING PRESIDENT KUHL: Senator 6 Skelos. 7 SENATOR SKELOS: Is there a 8 message of necessity at the desk? 9 ACTING PRESIDENT KUHL: There 10 is. 11 SENATOR SKELOS: Move to accept. 12 ACTING PRESIDENT KUHL: Motion is 13 to accept the message of necessity. All those in 14 favor signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response.) 18 The message is accepted. 19 Secretary will read the last 20 section. 21 THE SECRETARY: Section 51. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll. ) 3339 1 THE SECRETARY: Ayes 56. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Oppenheimer? 5 Senator Saland, are you in the 6 negative on this bill, Calendar Number 5275? 7 Secretary will record the negative votes by 8 Senator Saland, Senator Leibell, Senator Larkin. 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1067 are 12 Senators Larkin, Leibell and Saland. Ayes 53, 13 nays 3. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Oppenheimer, why do you 17 rise? 18 SENATOR OPPENHEIMER: I want 19 unanimous consent to be recorded in the negative 20 on 1066. 21 ACTING PRESIDENT KUHL: Without 22 objection, hearing no objection, Senator 23 Oppenheimer will be recorded in the negative on 24 Calendar Number 1056, Senate Print 5274. 25 Senator Skelos. 3340 1 SENATOR SKELOS: Mr. President, 2 may we please take up Calendar Number 1078, 3 Senate 5273. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the title to Calendar Number 1068. 6 THE SECRETARY: Calendar Number 7 1068, by the Committee on Rules, Senate Print 8 5273, an act making appropriations for the 9 support of government. 10 ACTING PRESIDENT KUHL: Senator 11 Skelos. 12 SENATOR SKELOS: Mr. President, 13 are there messages of necessity and 14 appropriation at the desk? 15 ACTING PRESIDENT KUHL: There 16 are. 17 SENATOR SKELOS: Move to accept. 18 ACTING PRESIDENT KUHL: Motion is 19 to accept the message of necessity and 20 appropriation on Calendar Number 1068. All 21 those in favor signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (There was no response.) 25 The message is accepted. 3341 1 Secretary will read the last section. 2 THE SECRETARY: Section 7. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger, to explain his vote. 9 SENATOR DOLLINGER: Thank you, 10 Mr. President. 11 I'm going to vote in the negative 12 on this proposition. I think this whole process 13 is, unfortunately, broken down and I'm going to 14 vote in protest. I don't think we're anywhere 15 near a budget. I think the people of this state 16 gave us a power which we have failed to 17 exercise. Frankly, I'm convinced that there are 18 one too many Neros who are fiddling while the 19 rest of New York smoulders, if not burns, and I 20 think this is a bad idea. I think this house 21 ought to pass a budget and get to a conference 22 committee so we can work out the differences 23 between the two houses, get a budget to the 24 Governor's desk so that this thing can be done. 25 I think this is just an 3342 1 unacceptable way to do this, and I would add, 2 Mr. President, that when the people give us the 3 power to do something and we don't do it, this 4 feeds their desire for a Constitutional 5 Convention so they can take back the power, 6 restructure the Legislature and when they give 7 us the power next time, we'll actually do what 8 they sent us here to do. 9 I'll vote in the negative, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger will be recorded in the negative. 13 Senator Stafford, did you wish to 14 explain your vote? Senator Stafford to explain 15 his vote. 16 SENATOR STAFFORD: Mr. President, 17 I, of course, don't stand up that often, but for 18 some reason Senator Dollinger can press my 19 button. Please let me just share with you this 20 broad stroke of the conceptual brush. 21 I think the Governor and his good 22 people, the Majority Leader and his good people 23 and the members, the Minority Leader and his 24 people and the members, the Speaker, his people 25 and the members and the Minority Leader of the 3343 1 Assembly and the good people and the members are 2 to be complimented. 3 Now, there's no one who wants a 4 budget, who gets more disgusted and more 5 frustrated than our leader. He's been out 6 front. He wants us to do business in a business 7 like way through the governmental -- have the 8 governmental process function in a businesslike 9 way and we're working toward that end, and let 10 me share this, and I'm not making any excuses. 11 I'm just trying to lay out the facts. 12 You know, those of us in the 13 Legislature, if we bellyache, put our tail 14 between our legs and just try to make excuses, 15 the people think just of us the way they 16 should. 17 Now, this is a very complex 18 state. You have people representing districts 19 that have almost interests or interests that are 20 almost 180 degrees when it comes to interests. 21 This is not Illinois. This is not Michigan. 22 This is not California. This is not any other 23 state other than New York, the Empire State, 24 which again I have to kind of plug the Governor 25 and the Majority Leader for how well the state 3344 1 is doing. They both can pay me a dollar later. 2 But let me share this with you. 3 We are making sure that government functions, 4 people are being paid, bills are being paid and 5 I think maybe we've got to start looking at this 6 in a bit more objective way and stop complaining 7 and stop, in other words, being defensive and 8 saying we're not doing our job. We are doing 9 our job and we're doing it today. No one is 10 going to suffer, and the state is going to 11 function in an orderly fashion, thanks to the 12 Governor, the Majority Leader and his members, 13 the Minority Leader and his members in the 14 Senate, the Speaker and his members in the 15 Assembly and the Minority Leader and his members 16 in the Assembly. 17 Of course, we want a budget. We 18 will get a budget, but you know, it is difficult 19 to hammer out these decisions on the anvil of 20 reason, decency, compassion, understanding and 21 sensitivity, and that is being done. Our 22 government will function, thanks to this 23 legislation. Government will go on, and I think 24 we have to get that message out to our people. 25 Thank you. 3345 1 ACTING PRESIDENT KUHL: Senator 2 Stafford will be recorded in the affirmative. 3 Announce the results. 4 THE SECRETARY: Ayes 55, nays 5 one, Senator Dollinger recorded in the 6 negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Cook. 10 SENATOR COOK: Mr. President, I 11 ask unanimous consent to be recorded in the 12 negative on Senate Bill 5275. 13 ACTING PRESIDENT KUHL: Without 14 objection, hearing no objection, Senator Cook 15 will be recorded in the negative on Senate Print 16 5275. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 is there any housekeeping at the desk? There 20 being no further business, I move we adjourn 21 until Monday, May 12th, at 3:00 p.m., 22 intervening days being legislative days. 23 SENATOR KUHL: Without objection, 24 Senate stands adjourned until Monday, May 12th, 25 at 3:00 p.m., intervening days to be legislative 3346 1 days. 2 (Whereupon at 2:55 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10