Wednesday, May 21, 1997

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 21, 1997 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would you please rise and join 5 with me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 May we bow our heads in a 9 moment of silence. 10 (A moment of silence was 11 observed. ) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Tuesday, May 20th. The Senate met pursuant to 16 adjournment. The Journal of Monday, May 19th, 17 was read and approved. On motion Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing 1 committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Skelos, we have a 7 substitution at the desk. 8 SENATOR SKELOS: Please make 9 the substitution, Madam President. 10 THE SECRETARY: Senator Hannon 11 moves to discharge from the Committee on Rules 12 Assembly Bill Number 7700 and substitute it 13 for the identical Senate bill, Third Reading 14 778. 15 THE PRESIDENT: Substitution 16 ordered. 17 SENATOR SKELOS: 18 Non-controversial calendar, please. 19 THE PRESIDENT: Secretary will 20 read. 21 SENATOR SKELOS: Mr. President, 22 if we could take up the non-controversial 23 calendar at this time. 24 ACTING PRESIDENT MAZIARZ: 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 438, by Senator Skelos, Senate Print 341, an 3 act to amend the Penal Law, in relation to the 4 monetary standard. 5 ACTING PRESIDENT MAZIARZ: Lay 6 the bill aside at the request of Senator 7 Paterson. 8 THE SECRETARY: Calendar Number 9 660, by Senator Volker, Senate Print 3785, an 10 act to amend the Criminal Procedure Law, in 11 relation to motion to dismiss indictments. 12 SENATOR PATERSON: Lay aside. 13 ACTING PRESIDENT MAZIARZ: Lay 14 the bill aside at the request of Senator 15 Paterson. 16 THE SECRETARY: Calendar Number 17 675, by Senator Levy, Senate Print 4262, an 18 act to amend the Highway Law, in relation to 19 regulations regarding accessible pedestrian 20 crosswalks. 21 SENATOR PATERSON: Lay aside. 22 ACTING PRESIDENT MAZIARZ: Lay 23 the bill aside at the request of the Deputy 24 Minority Leader. 25 THE SECRETARY: Calendar Number 1 703, by Senator Trunzo, Senate Print 4902, an 2 act to amend the Education Law, in relation to 3 compliance with the Internal Revenue Code. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 712, by Senator Maltese, Senate Print 1605, an 17 act authorizing the city of New York to 18 reconvey its interest in certain real 19 property. 20 SENATOR PATERSON: Lay aside. 21 ACTING PRESIDENT MAZIARZ: 22 There is a home rule message at the desk. The 23 bill is laid aside at the request of the 24 Deputy Minority Leader. 25 THE SECRETARY: Calendar Number 1 741, by Senator Stafford, Senate Print 1342-A, 2 an act to amend the Family Court Act, in 3 relation to providing for a Family Court judge 4 in Clinton County. 5 SENATOR DOLLINGER: Lay it 6 aside. 7 ACTING PRESIDENT MAZIARZ: 8 Calendar Number 741 is laid aside at the 9 request of Senator Dollinger. 10 THE SECRETARY: 749, by member 11 of the Assembly Dinowitz, Assembly Print 6488, 12 an act to amend the Surrogate Court Procedure 13 Act. 14 SENATOR PATERSON: Lay aside. 15 ACTING PRESIDENT MAZIARZ: Read 16 the -- Calendar Number 749 is laid aside at 17 the request of the Deputy Minority Leader. 18 THE SECRETARY: Calendar Number 19 778, substituted earlier today, by the 20 Assembly Committee on Rules, Assembly Print 21 7700, an act to amend the Public Health Law. 22 SENATOR PATERSON: Lay aside, 23 please. 24 ACTING PRESIDENT MAZIARZ: Bill 25 is laid aside at the request of the Deputy 1 Minority Leader. 2 THE SECRETARY: Calendar Number 3 787, by Senator Marcellino, Senate Print 4129, 4 an act authorizing the Commissioner of General 5 Services to transfer and convey certain state 6 lands. 7 SENATOR PATERSON: Lay aside. 8 ACTING PRESIDENT MAZIARZ: Lay 9 the bill aside at the request of the Deputy 10 Minority Leader. 11 THE SECRETARY: Calendar Number 12 812, by Senator Alesi, Senate Print 4610, an 13 act to amend the General Business Law, in 14 relation to posting of notice. 15 SENATOR PATERSON: Lay aside. 16 ACTING PRESIDENT MAZIARZ: Lay 17 the bill aside at the request of the Deputy 18 Minority Leader. 19 THE SECRETARY: Calendar Number 20 817, by Senator Kuhl, Senate Print 3159, an 21 act making - 22 SENATOR PATERSON: Lay aside. 23 THE SECRETARY: -- certain 24 findings and determinations. 25 ACTING PRESIDENT MAZIARZ: Lay 1 the bill aside at the request of the Deputy 2 Minority Leader. 3 SENATOR SKELOS: Lay it aside 4 for the day. 5 ACTING PRESIDENT MAZIARZ: Bill 6 is laid aside for the day. That's Number 817 7 is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 829, by Senator Rath, Senate Print 4357, an 10 act to amend the Real Property Tax Law and the 11 Agriculture and Markets Law. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 SENATOR PATERSON: Lay aside. 15 ACTING PRESIDENT MAZIARZ: Bill 16 is laid aside at the request of - 17 SENATOR SKELOS: Lay aside for 18 the day. 19 ACTING PRESIDENT MAZIARZ: Bill 20 is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 848, by Senator Rath, Senate Print 4852, an 23 act to amend the State Administrative 24 Procedure Act in relation to public hearings 25 on proposed rules. 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 SENATOR PATERSON: Lay aside. 4 SENATOR SKELOS: For the day. 5 ACTING PRESIDENT MAZIARZ: Lay 6 the bill aside at the -- lay the bill aside 7 for the day. 8 THE SECRETARY: Calendar Number 9 882, by Senator Lack, Senate Print 3234, an 10 act to amend the Tax Law, in relation to 11 extending authority to the county of Suffolk. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 SENATOR PATERSON: Lay aside, 15 please. 16 ACTING PRESIDENT MAZIARZ: Lay 17 the bill aside at the request of the Deputy 18 Minority Leader. 19 THE SECRETARY: Calendar Number 20 889, by Senator Goodman, Senate Print 3682, an 21 act to amend the Alcoholic Beverage Control 22 Law. 23 SENATOR GOLD: Lay aside. 24 ACTING PRESIDENT MAZIARZ: Lay 25 the bill aside at the request of Senator Gold. 1 THE SECRETARY: Calendar Number 2 890, by Senator Goodman, Senate Print 3756, an 3 act to amend the Alcoholic Beverage Control 4 Law, in relation to the hours when retail 5 licensees are permitted to sell. 6 SENATOR PATERSON: Lay aside. 7 ACTING PRESIDENT MAZIARZ: Bill 8 is laid aside at the request of the Deputy 9 Minority Leader. 10 THE SECRETARY: Calendar Number 11 895, by Senator Volker, Senate Print 4216, an 12 act to amend the Tax Law, in relation to 13 extending the sales and use taxes by the 14 county of Wyoming. 15 SENATOR PATERSON: Lay aside. 16 ACTING PRESIDENT MAZIARZ: Bill 17 is laid aside at the request of the Deputy 18 Minority Leader. 19 THE SECRETARY: Calendar Number 20 897, by Senator Stafford, Senate Print 4249, 21 an act to amend the Tax Law, in relation to 22 the distribution of additional recording tax. 23 SENATOR PATERSON: Lay aside. 24 ACTING PRESIDENT MAZIARZ: Bill 25 is laid aside at the request of the Deputy 1 Minority Leader. 2 THE SECRETARY: Calendar Number 3 899, by the Senate Committee on Rules, Senate 4 Print 4314-A, an act to amend the Tax Law, in 5 relation to extending the authority of the 6 county of Nassau. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 SENATOR PATERSON: Lay aside. 10 ACTING PRESIDENT MAZIARZ: Bill 11 is laid aside at the request of the Deputy 12 Minority Leader. 13 THE SECRETARY: Calendar Number 14 903, by Senator Trunzo, Senate Print 4904-A, 15 an act authorizing the Commissioner of the 16 Office of General Services to enter into 17 contracts. 18 SENATOR PATERSON: Lay aside. 19 ACTING PRESIDENT MAZIARZ: Lay 20 the bill aside. 21 THE SECRETARY: Calendar Number 22 904, by Senator Stafford, Senate Print 4998-A, 23 an act to amend the Tax Law, in relation to 24 authorizing the county of Essex. 25 SENATOR PATERSON: Lay aside. 1 ACTING PRESIDENT MAZIARZ: Lay 2 aside at the request of the Deputy Minority 3 Leader. 4 THE SECRETARY: Calendar Number 5 914, by Senator Maziarz, Senate Print 2558, an 6 act to amend the Correction Law, in relation 7 to co-payment of fees. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 SENATOR PATERSON: Lay aside. 11 ACTING PRESIDENT MAZIARZ: I'm 12 sorry. Did you say lay it aside, Senator 13 Paterson? 14 SENATOR PATERSON: I said lay 15 it aside. 16 ACTING PRESIDENT MAZIARZ: I 17 didn't hear you. Lay the bill aside at the 18 request of the Deputy Minority Leader. 19 THE SECRETARY: Calendar Number 20 918, by Senator Skelos, Senate Print 3408-A. 21 SENATOR GOLD: Lay it aside, 22 please. 23 THE SECRETARY: An act to amend 24 the Executive Law and the Penal Law. 25 ACTING PRESIDENT MAZIARZ: Lay 1 the bill aside at the request of Senator 2 Gold. 3 THE SECRETARY: Calendar Number 4 919, by Senator Skelos, Senate Print 3410-A, 5 an act to amend the Correction Law and the 6 County Law. 7 SENATOR PATERSON: Lay aside. 8 SENATOR SKELOS: Lay aside. 9 ACTING PRESIDENT MAZIARZ: Lay 10 the bill aside at the request of the sponsor. 11 THE SECRETARY: Calendar Number 12 922, by Senator Nozzolio. 13 ACTING PRESIDENT MAZIARZ: Just 14 a second. Senator Gold. 15 SENATOR GOLD: Yeah, point of 16 order. I think Senator Paterson - 17 ACTING PRESIDENT MAZIARZ: 18 Senator Gold, would you - 19 SENATOR GOLD: Yes, I'm sorry, 20 Senator. 21 ACTING PRESIDENT MAZIARZ: Well, 22 I can hear you better when you stand, Senator 23 Gold. 24 SENATOR GOLD: Yes. I think 25 Senator Paterson was about a half a second 1 before Senator Skelos on that lay aside. 2 ACTING PRESIDENT MAZIARZ: 3 Well, I heard Senator Skelos first, Senator 4 Gold. 5 SENATOR GOLD: Oh. Oh. I'm 6 quite sure Senator Paterson doesn't mind. 7 THE SECRETARY: Calendar Number 8 922, by Senator Nozzolio, Senate Print 5184, 9 an act to amend the Correction Law, in 10 relation to temporary release of inmates. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 SENATOR PATERSON: Lay aside. 14 ACTING PRESIDENT MAZIARZ: Lay 15 the bill aside at the request of Senator 16 Paterson. Thank you for speaking up a little 17 bit, Senator Paterson. 18 THE SECRETARY: Calendar Number 19 979, by Senator Farley, Senate Print 2278, an 20 act to amend the Vehicle and Traffic Law. 21 SENATOR PATERSON: Lay aside. 22 ACTING PRESIDENT MAZIARZ: Bill 23 is laid aside at the request of the Deputy 24 Minority Leader. 25 THE SECRETARY: Calendar Number 1 993, by Senator Levy, Senate Print 4308, an 2 act to amend the Public Authorities Law, in 3 relation to authorizing the Metropolitan 4 Transportation Authority. 5 SENATOR PATERSON: Lay it 6 aside. 7 ACTING PRESIDENT MAZIARZ: Lay 8 the bill aside at the request of the Deputy 9 Minority Leader. 10 THE SECRETARY: Calendar Number 11 1001, by Senator Levy, Senate Print 4535, an 12 act to amend the Vehicle and Traffic Law, in 13 relation to the registration period of 14 apportioned vehicle. 15 SENATOR PATERSON: Lay aside. 16 ACTING PRESIDENT MAZIARZ: Lay 17 the bill aside at the request of the Deputy 18 Minority Leader. 19 THE SECRETARY: Calendar Number 20 1043, by Senator Marchi, Senate Print 3584, an 21 act to amend the Business Corporation Law. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 SENATOR PATERSON: Lay aside. 25 ACTING PRESIDENT MAZIARZ: Lay 1 the bill aside at the request of the Deputy 2 Minority Leader. 3 SENATOR GOLD: Mr. President, 4 excuse me. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Gold. 7 SENATOR GOLD: Yes. Would 8 Senator Marchi give me one day on this bill, 9 please. 10 ACTING PRESIDENT MAZIARZ: I'm 11 sorry, Senator Gold. I couldn't hear you. 12 SENATOR GOLD: We're on 1043, 13 right? Yeah. If Senator Marchi is willing to 14 give me one day on this. Could we lay it 15 aside for the day, please. 16 SENATOR MARCHI: All right. 17 ACTING PRESIDENT MAZIARZ: 18 Wait. Are we -- are we talking about Calendar 19 Number 1043, Senator Gold? 20 SENATOR GOLD: Yes, sir, Mr. 21 President. 22 SENATOR SKELOS: Lay it aside 23 for the day. 24 ACTING PRESIDENT MAZIARZ: Bill 25 has been laid aside for the day. 1 SENATOR GOLD: Thank you. 2 THE SECRETARY: Calendar Number 3 1044, by Senator Marchi, Senate Print 3597, an 4 act to amend the Not-for-Profit Corporation 5 Law. 6 SENATOR PATERSON: Lay aside, 7 please. 8 ACTING PRESIDENT MAZIARZ: Bill 9 is laid aside at the request of the Deputy 10 Minority Leader. 11 THE SECRETARY: Calendar Number 12 1046, by Senator Wright, Senate Print 3723, an 13 act to repeal Title 13-e of Article 8 of the 14 Public Authorities Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 SENATOR PATERSON: Lay aside. 18 ACTING PRESIDENT MAZIARZ: Lay 19 the bill aside at the request of the Deputy 20 Minority Leader. 21 Senator Paterson? 22 SENATOR PATERSON: Mr. 23 President. 24 ACTING PRESIDENT MAZIARZ: Yes, 25 sir. 1 SENATOR PATERSON: Have I 2 fouled out yet? 3 VOICES: Can't hear him. 4 ACTING PRESIDENT MAZIARZ: 5 Sorry, Senator, I couldn't hear what you said. 6 SENATOR PATERSON: I'm fine; 7 thank you. 8 ACTING PRESIDENT MAZIARZ: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1047, by Senator Marchi, Senate Print 3797, an 12 act to amend the Waterfront Commission Act - 13 SENATOR PATERSON: Lay aside. 14 THE SECRETARY: -- in relation 15 to extending the term of a stevedore's 16 license. 17 ACTING PRESIDENT MAZIARZ: Lay 18 the bill aside at the request of the Deputy 19 Minority Leader. 20 THE SECRETARY: Calendar Number 21 1048, by Senator Larkin, Senate Print 3840, an 22 act to amend Chapter 698 of the Laws of 1991, 23 amending the Public Authorities Law. 24 SENATOR PATERSON: Lay the bill 25 aside, please. 1 ACTING PRESIDENT MAZIARZ: The 2 bill is laid aside at the request of the 3 Deputy Minority Leader. 4 THE SECRETARY: Calendar Number 5 1071, by the Assembly Committee on Rules, 6 Assembly Print 7989, an act to amend Chapter 7 12 of the Laws of 1992. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 45. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 The bill is passed. 20 Senator Bruno, that completes 21 the reading of the non-controversial 22 calendar. 23 SENATOR BRUNO: Mr. President, 24 can we at this time take up the controversial 25 calendar. 1 ACTING PRESIDENT MAZIARZ: The 2 Secretary will read, starting with Calendar 3 Number 438. 4 THE SECRETARY: On page 15, 5 Calendar Number 438, by Senator Skelos, Senate 6 Print 341, an act to amend the Penal Law, in 7 relation to the monetary standards. 8 SENATOR PATERSON: 9 Explanation. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Skelos, an explanation has been 12 requested by Senator Paterson of Calendar 13 Number 438. 14 SENATOR SKELOS: Yes, Mr. 15 President. 16 This bill, which passed the 17 Senate last year, as my colleagues know, in 18 1990, the Penal Law was amended to provide 19 that stealing religious property with a value 20 of $100 or more would be a class E felony. 21 Under present law, an individual must cause 22 $250 worth of damage to religious property 23 before or she could be charged with a class E 24 felony. 25 This would basically conform 1 the criminal mischief statute to the larceny 2 statute so that if an individual steals or 3 damages religious property valued in excess of 4 $100, he or she could be charged with a class 5 E felony. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Paterson. 8 SENATOR PATERSON: Thank you, 9 Mr. President. If Senator Skelos would yield 10 for a question. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Skelos, would you yield for a 13 question? 14 Senator Paterson. 15 SENATOR PATERSON: I'm 16 corrected to Senator Skelos, by Senator 17 Stachowski, is that your name? Thank you. 18 Senator, I am just a little 19 skeptical about $150 damages. 20 SENATOR SKELOS: $100. 21 SENATOR PATERSON: $100 damages 22 being the threshold to create a felony as 23 opposed to just a misdemeanor. 24 In the past sometimes we've had 25 the E felony-A misdemeanor split for purposes 1 of exacting punishment, but in this kind of 2 situation do we want to be lowering the 3 threshold to this extent? It's not -- you 4 know, this is a one-to-four year possible 5 sentence. It certainly is a crime. I'm just 6 perhaps asking you for further clarification 7 of why we would put this as a felony? 8 SENATOR SKELOS: What I'm 9 saying is, there should be no real distinction 10 between damage and stealing of religious 11 property. If you steal it and it's $100 - 12 yes, all we're doing is lowering the threshold 13 as to damage. 14 SENATOR PATERSON: Mr. 15 President. Senator Skelos, what you're saying 16 is that as long as you damage religious 17 property, you would consider that to be a 18 felony? 19 SENATOR SKELOS: Right, yes. 20 SENATOR PATERSON: O.K. 21 ACTING PRESIDENT MAZIARZ: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first day of 25 November. 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 47. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 660, by Senator Volker, Senate Print 3785, an 10 act to amend the Criminal Procedure Law, in 11 relation to motions to dismiss indictments. 12 SENATOR GOLD: Explanation. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Volker, an explanation has been 15 requested by Senator Gold of Calendar Number 16 660. 17 SENATOR VOLKER: Yeah. This is 18 a piece of legislation that was presented by 19 the Office of Court Administration that 20 relates to the dismissal of indictments 21 against a defendant where there has been a - 22 some conflicting cases on the issue of whether 23 and how an order is given to dismiss an 24 indictment for the People's failure to accord 25 the defendant an opportunity to appear before 1 the grand jury, and what this bill would do is 2 follow the case called People vs. Garcia that 3 says that it would provide that an order 4 dismissing the indictment for the People's 5 failure to accord defendants an opportunity to 6 appear before a grand jury shall be 7 conditioned upon the defendant exercising his 8 or her right to testify before the grand jury 9 to which the charges are to be submitted or 10 re-submitted. 11 It would protect the rights - 12 defendant's right to testify before the grand 13 jury, but would avoid the burden of 14 re-present- ing the case to the grand jury 15 where the defendant had no intention of 16 invoking the right in any case, and that 17 basically is what this is about. 18 It follows, as I say, generally 19 accepted case law, although there are three or 20 four cases that I understand that go the other 21 way. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Gold. 25 SENATOR GOLD: Yeah. Will my 1 distinguished colleague yield to a question? 2 ACTING PRESIDENT MAZIARZ: 3 Senator Volker, will you yield to a question 4 from Senator Gold? 5 SENATOR VOLKER: Certainly. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Gold. 8 SENATOR GOLD: Senator, there's 9 no issue here as to the right of defendant to 10 appear before a grand jury if the defendant 11 wants to appear, that I understand. The 12 question is obviously if a defendant writes to 13 a district attorney that they want the 14 opportunity, that again is not what you're 15 dealing with, am I correct? 16 SENATOR VOLKER: Exactly. 17 SENATOR GOLD: This bill, as I 18 understand it, deals with a situation of an 19 affirmative obligation on the part of the 20 district attorney to notify the defendant of 21 that right. 22 SENATOR VOLKER: Right, right. 23 SENATOR GOLD: Now, is that a 24 statutory -- Mr. President, if the gentleman 25 will yield. Is that a statutory requirement 1 on the part of the district attorney? 2 SENATOR VOLKER: As I 3 understand it, yes, it is. 4 SENATOR GOLD: And you say 5 there is a problem in the courts. I want to 6 understand this. There are four different - 7 has it gone to the Court of Appeals yet? 8 SENATOR VOLKER: I believe that 9 it has not. I think it's -- there's a series 10 of cases on both sides, I think you're aware. 11 This statute is based on the People vs. 12 Garcia. You under... I know you understand. 13 The thing about it is, the problem here is 14 that what happens is most of the time where 15 these cases are dismissed because of the 16 failure to notify the defendant, they're just 17 re-submitted to another grand jury and then 18 the person is notified, and then there's a 19 re-indictment. As you know, it can be done. 20 If they get on, by the way, into the trial and 21 the fellow is actually at trial then the whole 22 thing can be thrown out because he would be 23 subjected to jeopardy. This is assuming that 24 this never gets to jeopardy. Most of the time 25 apparently where this happens, they just 1 submit to another grand jury, and what this 2 case is doing here, or this statute is doing, 3 is kind of taking what is generally accepted 4 now by the courts to be the way in which these 5 are handled, but you are right, this is a 6 notification or lack of notification, and then 7 if the person obviously, if the person says, I 8 waive it anyways, it doesn't matter. If he 9 says nothing, which is normally the case and 10 the case proceeds, the idea of this is that 11 you can go to another grand jury if the person 12 is then notified and set up a separate grand 13 jury for -- as has been in the past. 14 SENATOR GOLD: Senator, I'm 15 just trying to - 16 ACTING PRESIDENT MAZIARZ: 17 Senator Gold. 18 SENATOR GOLD: Thank you, Mr. 19 President. Senator, I'm just trying to 20 understand. In other words, if the notice is 21 not given and that a person's right to violate 22 it, there could be another grand jury, but 23 what I think you're getting at here, if I read 24 it properly, is that if somebody makes a 25 motion to dismiss based upon the failure to 1 receive the notice, you're allowing the 2 district attorney to counter by saying, If I 3 have a new grand jury, will you testify, and 4 if you won't then that voids the dismissal. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Volker, Senator Gold is asking you to 7 yield for a question. 8 SENATOR VOLKER: Understand, 9 and I think, Senator, from what I can gather 10 from what you said, you are correct. 11 SENATOR GOLD: Right, thank 12 you. 13 SENATOR VOLKER: Thank you. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect in 90 days. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 675, by Senator Levy, Senate Print 4262, an 2 act to amend the Highway Law, in relation to 3 regulations regarding accessible pedestrian 4 crossings. 5 SENATOR BRUNO: Lay it aside 6 temporarily. 7 ACTING PRESIDENT MAZIARZ: Bill 8 will be laid aside temporarily. 9 THE SECRETARY: Calendar Number 10 712, by Senator Maltese, Senate Print 1605, an 11 act authorizing the city of New York to 12 reconvey its interest in certain real 13 property. 14 SENATOR PATERSON: 15 Explanation. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Maltese, an explanation has been 18 requested of Calendar 712, by Senator 19 Paterson. 20 Senator Maltese. 21 SENATOR MALTESE: Mr. 22 President, as the -- as my colleagues are 23 aware, in certain cases the city of New York 24 forecloses, and this particular property is 25 located in Woodside, Queens, which is in my 1 Senate District at 67-14 52nd Road and it was 2 acquired by the City by in rem tax 3 foreclosure. The owner is a gentleman who is 4 very active in the community, Wayne Johnson, 5 and his piece of property is a single- family 6 house. He has asked the assistance of his 7 local public officials, Councilman McCaffery, 8 Assemblyman Joe Crowley who is carrying it in 9 the other house, and myself. 10 I have, in the original 11 request, a long explanation of the fact that 12 he is a lifelong Queens resident, that he was 13 a very responsible businessman owning a body 14 repair shop located within the Woodside 15 community, that he had provided Thanksgiving 16 dinners with all the trimmings to many people 17 in the senior centers. His mother is 18 suffering from a type of Alzheimer's, and had 19 a major stroke. The -- he covered all her 20 medical bills and, as a result lost - 21 ACTING PRESIDENT MAZIARZ: 22 Excuse me, Senator Maltese. I think Senator 23 Paterson may be satisfied with that 24 explanation. 25 Senator Paterson. It should be 1 noted for the record that there is a home rule 2 message at the desk. 3 Senator Paterson. 4 SENATOR PATERSON: Mr. 5 President, Senator Maltese has moved me 6 considerably by his explanation. 7 ACTING PRESIDENT MAZIARZ: I 8 thought he may have. 9 SENATOR PATERSON: It wasn't as 10 scintillating as the explanation of one of the 11 pieces of legislation yesterday, but I'm 12 profoundly depressed. 13 ACTING PRESIDENT MAZIARZ: Read 14 the last section. 15 SENATOR PATERSON: Thank you. 16 SENATOR GOLD: Last section. 17 THE SECRETARY: Section 5. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 49. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 741, by Senator Stafford, Senate Print 1342-A, 3 an act to amend the Family Court Act, in 4 relation to providing for a Family Court judge 5 in Clinton County. 6 SENATOR BRUNO: Lay it aside 7 for the day. 8 ACTING PRESIDENT MAZIARZ: Bill 9 is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 749, by member of the Assembly Dinowitz, 12 Assembly Print 6488, an act to amend the 13 Surrogate Court Procedure Act, in relation to 14 the service of a citation. 15 SENATOR PATERSON: 16 Explanation. 17 SENATOR BRUNO: Lay it aside 18 temporarily. 19 ACTING PRESIDENT MAZIARZ: Lay 20 the bill aside temporarily. 21 THE SECRETARY: Calendar Number 22 778, by the Assembly Committee on Rules, 23 Assembly Print 7700, an act to amend the 24 Public Health Law, in relation to notification 25 of treatment. 1 SENATOR PATERSON: 2 Explanation. 3 SENATOR BRUNO: Lay it aside 4 temporarily. 5 ACTING PRESIDENT MAZIARZ: Bill 6 is laid aside temporarily. 7 THE SECRETARY: Calendar Number 8 787, by Senator Marcellino, Senate Print 4129, 9 an act authorizing the Commissioner of General 10 Services to transfer and convey certain state 11 lands. 12 SENATOR PATERSON: 13 Explanation. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Marcellino, an explanation has been 16 requested by the Deputy Minority Leader of 17 Calendar Number 787. 18 SENATOR MARCELLINO: Mr. 19 President, this bill authorizes the conveyance 20 of state lands to Herbert and Elizabeth Fries 21 in exchange for lands of equivalent or higher 22 value to be utilized for fish hatchery 23 purposes. 24 In exchange for the parcel of 25 state land on which the Fries building 1 encroaches, the DEC will receive a slightly 2 larger 603 square foot piece in exchange for a 3 410 square foot piece. Also much more, a more 4 valuable parcel, $160 versus $140, which will 5 allow the Constantia Fish Hatchery to more 6 easily maintain a stone retaining wall along 7 Scriba Creek in Oswego County. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Paterson. 10 SENATOR PATERSON: Thank you, 11 Mr. President. 12 If Senator Marcellino would 13 yield for a question. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Marcellino, would you yield for a 16 question from Senator Paterson? 17 SENATOR MARCELLINO: Yes, I 18 would be happy to yield to Senator Paterson. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Paterson. 21 SENATOR PATERSON: Senator, 22 this is a piece of legislation that would most 23 aptly be described in media and the literature 24 and on television as a local bill and -- but 25 because it deals with a problem that exists in 1 Oswego County, I was wondering how it came to 2 your desk for sponsorship, how does the local 3 community feel about it? 4 ACTING PRESIDENT MAZIARZ: 5 Senator Marcellino. 6 SENATOR MARCELLINO: I think 7 the local community is absolutely ecstatic to 8 have me represent them on this particular 9 piece of legislation. The Frieses are the 10 aunt and uncle of a colleague of ours in the 11 Senate, Senator Wright, and he does not deem 12 it -- he deems it a possible conflict of 13 interest for him to represent them in this 14 situation, and I was asked to pick up the 15 representation as chair of the EnCon 16 Committee, since the DEC was involved. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Paterson. 19 SENATOR PATERSON: This 20 exchange of land, is it upon your information 21 and belief that there is an equal value, the 22 switch that the state will get in return for 23 what we're giving up? 24 SENATOR MARCELLINO: Yes, 25 Senator Paterson. If you weren't paying 1 attention to my lengthy explanation, this 2 value of land that the state is receiving is 3 significantly larger and about $20 more 4 valuable, $160 versus $140. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Paterson. 7 SENATOR PATERSON: $160 versus 8 140. 9 SENATOR MARCELLINO: That's 10 right. The state property is worth $20 more 11 than it's giving up, that which it's giving 12 up. 13 SENATOR PATERSON: How much 14 land, Mr. President, if I through you, could 15 ask Senator Marcellino. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Marcellino, would you continue to 18 yield for a question from Senator Paterson? 19 SENATOR MARCELLINO: I'd be 20 happy to. 21 SENATOR PATERSON: How much 22 land is being exchanged? 23 SENATOR MARCELLINO: The state 24 is receiving 603 square feet of property. The 25 Frieses are getting 410 square feet of 1 property. All this is -- all this is being 2 done to allow the state maintenance crew to 3 come on and maintain a retaining wall for the 4 fish hatchery without having to trespass on 5 the Fries property, so there was an exchange 6 made. It's as simple as that. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Paterson. 9 SENATOR PATERSON: Thank you 10 very much, Senator Marcellino. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 Excuse me. Senator Wright? Senator Wright. 15 SENATOR WRIGHT: Mr. President, 16 I would request unanimous consent to be 17 excused from voting on this piece of 18 legislation. 19 ACTING PRESIDENT MAZIARZ: 20 Without objection. Read the last section. 21 THE SECRETARY: Section 5. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 50. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 SENATOR SKELOS: Mr. President. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Skelos. 8 SENATOR SKELOS: Would you 9 please take up Senator Lack's bill, Calendar 10 Number 749. 11 ACTING PRESIDENT MAZIARZ: 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 749, by member of the Assembly Dinowitz, 15 Assembly Print 6488, an act to amend the 16 Surrogate Court Procedure Act. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 SENATOR GOLD: Hold it. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. I'm sorry. Senator Gold. 22 SENATOR GOLD: Yeah. Will the 23 distinguished chairman of Judiciary yield to 24 one question? 25 ACTING PRESIDENT MAZIARZ: 1 Senator Lack, would you yield for a question 2 from Senator Gold? 3 SENATOR LACK: Any time he calls 4 me distinguished, I'm more than happy to 5 yield. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Gold. 8 SENATOR GOLD: Yeah. Senator, 9 just so I understand it, a normal Surrogate's 10 Court procedure commences with some people 11 receiving citations, some people receiving 12 notice. 13 I just want to understand this 14 one correctly. I assume that, in certain 15 situations where people have perhaps gotten 16 notice and assumed that there was no contest, 17 you're suggesting that if, in fact, a contest 18 develops, that at that point they receive some 19 additional piece of paper so that they know 20 that their rights may, in fact, be challenged? 21 SENATOR LACK: You're 22 absolutely correct. Mr. President, Senator 23 Gold is absolutely correct. Where there are 24 objections, section -- current Section 1411 25 would be replaced to get by the in -- in 1 effect, the inconsistency you just suggested 2 that people think it's all over, there's no 3 particular problem and then all of a sudden 4 there are objections filed. This would 5 standardize the procedure by going ahead with 6 a citation, something that has been done in 7 some of the major counties, and the judiciary 8 has suggested this; it's supported by the 9 Surrogate's Court Judges Association to 10 standardize it throughout the state with a new 11 section 1411. 12 SENATOR GOLD: Would the 13 gentleman yield for another question? 14 ACTING PRESIDENT MAZIARZ: 15 Senator Lack, would you yield for another 16 question from Senator Gold? 17 SENATOR LACK: Yes, I will. 18 SENATOR GOLD: Senator, my 19 question is this -- I think it's a fine idea. 20 My question is this though. Does the bill 21 define at which point supposedly there's a 22 contest? In other words in a Surrogate's 23 Court proceeding it's possible on the return 24 date of a citation not to contest but merely 25 to ask for examination of witnesses, 1 subscribing witnesses and things along those 2 lines. After the examination there may be a 3 point where somebody decides to file an 4 objection. 5 On the other hand, I'm curious 6 as to whether your notice takes place after 7 the objections are filed or whether or not 8 that notice, that secondary notice, would come 9 at a time when there are examinations being 10 held of subscribing witnesses and other 11 proceedings going on. 12 SENATOR LACK: It's the same - 13 the latter part of what you said. When 14 objections -- when somebody is advancing an 15 objection to the will, if there are -- if 16 there are no objections, then the -- there's 17 no advantage to using this type of section, no 18 reason for it. 19 SENATOR GOLD: Yeah. Mr. 20 President, on the bill. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Gold, on the bill. 23 SENATOR GOLD: Senator Lack, I 24 think that you are unquestionably on the right 25 track, and I would support the bill but I 1 would just like to throw out one other idea to 2 you and you may want to discuss this with the 3 Office of Court Administration. 4 There are often times when, on 5 the return date of a citation, an objection is 6 not filed, but things happen which indicate 7 that the estate is being litigated in some 8 way. People ask for examinations of 9 witnesses. I forget the section, 4404 or 10 whatever, and it may be that someone who has 11 received a notice and not a citation might 12 very well want to be involved at that stage if 13 they knew about it, so it's just an idea. 14 I think you -- I'm going to 15 support the bill. It's a great idea, but you 16 might want to suggest to the Surrogates or the 17 Office of Court Administration that this kind 18 of thing happens a little earlier, that if it 19 turns out there is anything of a contested 20 nature going on, even though an objection 21 hasn't been filed, that might be an 22 appropriate time. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect on the first day of 2 January. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the 6 roll. ) 7 THE SECRETARY: Ayes 52. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 812, by Senator Alesi, Senate Print 4610, an 12 act to amend the General Business Law, in 13 relation to posting of notice. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Alesi, a request for an explanation 16 from the Deputy Minority Leader has been 17 requested on Calendar Number 812. 18 SENATOR ALESI: Thank you, Mr. 19 President. 20 This bill would require that 21 any entity that is authorized to immobilize an 22 illegally parked vehicle would have to post 23 the name and address and telephone number of 24 that entity, so that the owner of the 25 immobilized vehicle could contact that entity 1 if they so chose. 2 ACTING PRESIDENT MAZIARZ: 3 Senator Paterson. 4 SENATOR PATERSON: Thank you, 5 Mr. President. 6 If Senator Alesi would yield 7 for a question. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Alesi, would you yield for a question 10 from Senator Paterson? 11 SENATOR ALESI: Be happy to. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Paterson. 14 SENATOR PATERSON: Thank you, 15 Senator. 16 Is there any prescription for 17 the size of the sign or the indication, 18 because this actually is a situation that has 19 concerned a lot of motorists that there are 20 often these places, usually commercial in 21 nature, and they have a point. They did not 22 design themselves to be parking lots and they 23 probably at some point have a right to act on 24 the number of cars that are parked there, but 25 if the -- and this is really an excellent idea 1 and I'm just asking if the -- if there is a - 2 a prescription in the legislation to make sure 3 that there is due notice that's provided to 4 the vehicle owner prior to the disabling of 5 their vehicle? 6 SENATOR ALESI: Senator, there 7 is -- Senator, I think you asked a couple of 8 questions there, but to work backwards if 9 there is notice to the owner of the vehicle, 10 prior notice, is that what I thought I heard 11 you say? 12 SENATOR PATERSON: Yeah, I was 13 asking - 14 ACTING PRESIDENT MAZIARZ: 15 Senator Paterson. 16 SENATOR PATERSON: -- the size 17 of the sign. If you're going to immobilize 18 someone's vehicle, you would hope that there 19 would be notice giving behavior that you're 20 going to do it. 21 SENATOR ALESI: Well Senator, 22 in most cases, as far as I know, in my own 23 experience, not that I've ever parked 24 illegally at least to the best of my 25 recollection, any kind of a sign that says "no 1 parking" or "tow away zone" or something like 2 that is usually sufficient notice to someone 3 who is parking in a no parking zone. 4 As far as your second question, 5 if I may continue, the size of the notice, I 6 assume would probably not be any larger than 7 the size of the immobilizing device itself and 8 probably could be substantially smaller than 9 that, but there is nothing in the bill that 10 addresses that and perhaps we could take a 11 look at it. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Paterson. 14 SENATOR PATERSON: One final 15 question, if Senator - 16 ACTING PRESIDENT MAZIARZ: 17 Senator Alesi, would you continue to yield to 18 one final question from Senator Paterson? 19 SENATOR ALESI: Yes. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Paterson. 22 SENATOR PATERSON: Simply, 23 Senator, in the sign itself does the -- other 24 than indicating that there's no parking, does 25 it indicate that there will be an 1 immobilization of the vehicle if it is found 2 to be illegally parked? 3 SENATOR ALESI: Senator, the 4 bill does not address that probably because 5 there is more than one method of dealing with 6 an illegally parked car, as you know. It 7 might just be ticketed. It might be towed 8 away or it might be immobilized so there would 9 be, at 10 least as far as this bill is concerned, 11 nothing that addresses the pre-warning except, 12 as I mentioned earlier, the fact that in most 13 cases areas where cars are not legally parked, 14 are usually identified by some signage. 15 ACTING PRESIDENT MAZIARZ: 16 Excuse me. Could we have a little quiet in 17 the chamber, please. The stenographer is 18 having a tough time hearing. Thank you. 19 Read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect on the 30th day. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the 25 roll. ) 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 882, by Senator Lack, Senate Print 3234, an 6 act to amend the Tax Law, in relation to 7 extending the authority to the county of 8 Suffolk. 9 SENATOR PATERSON: 10 Explanation. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Lack, an explanation has been 13 requested by Deputy Minority Leader Paterson 14 of Calendar Number 882. 15 Senator Paterson. 16 SENATOR PATERSON: Just before 17 Senator Lack begins, if he would yield, I'm 18 interested as to why this was not requiring a 19 home rule message, and I will assume that he 20 considered that. I'd just like to know the 21 reason why it doesn't require one. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Lack, first, would you yield for a 24 question from Senator Paterson? 25 SENATOR LACK: Yes, I will. 1 And, Mr. President - 2 ACTING PRESIDENT MAZIARZ: 3 Well, before you -- before you answer the 4 question, Senator Lack, could we please have 5 it quiet in the chamber so that Senator 6 Paterson could hear the answer to his 7 question. Thank you. 8 Senator Lack. 9 SENATOR LACK: I'm just waiting 10 for Senator Paterson's attention. 11 ACTING PRESIDENT MAZIARZ: Oh. 12 SENATOR LACK: Senator 13 Paterson. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Paterson? Senator Paterson, are you 16 ready to receive the answer to your question 17 now? 18 SENATOR PATERSON: Yes, Mr. 19 President. 20 SENATOR LACK: Senator, Mr. 21 President, the answer to Senator Paterson's 22 question is one would normally think that an 23 extension for a sales tax would require a home 24 rule message. However, it was determined that 25 with respect to this type of tax -- this is a 1 tax authorized by the state of New York as to 2 the county's local share. In effect, it is a 3 state sales tax, and it was determined many 4 years ago by Senate Home Rule Counsel that, as 5 a result, home rule messages were not required 6 by the county of Suffolk. 7 As particular matters, all 8 Suffolk County Legislatures have always, in 9 effect, asked for the imposition of this tax 10 and indeed, it is subject to their approval to 11 continue it, but no home rule message has ever 12 been required by Senate Home Rule Counsel and 13 indeed the case is not so now. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Paterson. 16 SENATOR PATERSON: Thank you, 17 Mr. President, but I can assume that the 18 county is in favor of -- of this sales tax 19 initiative? 20 ACTING PRESIDENT MAZIARZ: 21 Senator Lack. 22 SENATOR LACK: Thank you, Mr. 23 President. 24 The county does not have to 25 impose this tax if they didn't want to, 1 Senator Paterson, and I can assure you since 2 all five Senators whose districts are in 3 Suffolk County are the sponsors of this 4 measure, we would not do so unless we were - 5 unless we were requested to do so by the 6 county, and in effect this tax is in effect 7 now and has been in effect for at least the 8 last four or five years. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 3. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 889, by Senator Goodman, Senate Print 3682, an 22 act to amend the Alcoholic Beverage Control 23 Law, in relation to entering an unpaid civil 24 penalty as a judgment. 25 SENATOR PATERSON: Explanation, 1 please. 2 SENATOR SKELOS: Lay the bill 3 aside temporarily. 4 ACTING PRESIDENT MAZIARZ: Lay 5 the bill aside temporarily. 6 THE SECRETARY: Calendar Number 7 890, by Senator Goodman, Senate Print 3756, an 8 act to amend the Alcoholic Beverage Control 9 Law, in relation to the hours when retail 10 licensees are permitted to sell alcohol. 11 SENATOR SKELOS: Lay the bill 12 aside temporarily. 13 ACTING PRESIDENT MAZIARZ: Lay 14 the bill aside. 15 THE SECRETARY: Calendar Number 16 895, by Senator Volker, Senate Print 4216, an 17 act to amend the Tax Law, in relation to 18 extending the sales and use taxes by the 19 county of Wyoming. 20 SENATOR PATERSON: Explanation, 21 please. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Volker, an explanation has been 24 requested by Senator Paterson of Calendar 25 Number 895, Senate Bill 4216. 1 SENATOR VOLKER: Right. 2 Mr. President, this is an 3 extender of the Wyoming County additional 4 sales tax to 1999, I believe. As I think most 5 people here realize, there is no necessity for 6 a home rule message under our rules, but I 7 have here in front of me a home rule request 8 dated April 29, 1997 which, as a rule of 9 thumb, I always request so that is already 10 here, as has been so in the past. 11 ACTING PRESIDENT MAZIARZ: 12 Thank you, Senator Volker. Read the last 13 section. 14 THE SECRETARY: Section 3. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the 19 roll. ) 20 THE SECRETARY: Ayes 55. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 897, by Senator Stafford, Senate Print 4249, 25 an act to amend - 1 SENATOR GOODMAN: Mr. 2 President. 3 ACTING PRESIDENT MAZIARZ: 4 Excuse me. Senator Goodman. 5 SENATOR GOODMAN: Yes. I was 6 detained a moment ago when you called up 889. 7 May we call it back up, please? 8 ACTING PRESIDENT MAZIARZ: 9 Calendar Number 889. 10 THE SECRETARY: Calendar Number 11 889, by Senator Goodman, Senate Print 3682, an 12 act to amend the Alcoholic Beverage Control 13 Law, in relation to entering an unpaid civil 14 penalty as a judgment. 15 SENATOR GOLD: Explanation. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Goodman, an explanation has been 18 requested of Calendar Number 889, by Senator 19 Gold. 20 SENATOR GOODMAN: Mr. 21 President, this bill would permit the State 22 Liquor Authority to enter and docket as a 23 judgment orders of the State Liquor Authority 24 imposing a civil penalty when said orders are 25 not paid within 60 days of a demand for 1 payment. The essence of this procedure 2 relates to the fact that when - 3 SENATOR GOLD: I'm sorry. 4 ACTING PRESIDENT MAZIARZ: 5 Excuse me. Could we have it quiet in the 6 chamber, please. 7 Senator Goodman. 8 SENATOR GOODMAN: The members 9 will wish to listen with rapt fascination to 10 this explanation, so I will proceed. 11 The reason for trying to enter 12 and docket this as a judgment is that, when a 13 judgment as opposed to an order carries with 14 it teeth in that a marshal can impose a -- can 15 use the weight of the law with much greater 16 severity in obtaining the necessary relief for 17 the State Liquor Authority when payments are 18 due it and, for that reason, we're using a 19 procedure which is also used in other areas of 20 the city government or the state government 21 for this purpose. 22 SENATOR GOLD: Yes. Would the 23 Senator yield for a question? 24 SENATOR GOODMAN: Yes, I will. 25 ACTING PRESIDENT MAZIARZ: 1 Senator, would you yield to a question from 2 Senator Gold? 3 Senator Gold. 4 SENATOR GOODMAN: Yes, I will. 5 SENATOR GOLD: Senator, your 6 counsel had asked me yesterday my question and 7 I gave it to him and he was kind enough to 8 call my office today. 9 SENATOR GOODMAN: Fine. 10 SENATOR GOLD: But what I'm 11 concerned about is any kind of precedent for 12 this, and I understand that the response he 13 got is that the Parking Violations Bureau - 14 SENATOR GOODMAN: That's 15 correct. 16 SENATOR GOLD: -- does it, but, 17 Senator, what I'm curious about and with the 18 greatest respect to the Liquor Authority and 19 its new chairman, who I happen to think is on 20 the right track, we have a lot of departments 21 that do fining of people by orders, and some 22 of those are just as important, I would think, 23 to the overall public good as someone who gets 24 fined in a liquor proceeding, and are there 25 any of those situations where they -- a fine 1 goes right to judgment? For example, 2 Environmental Conservation is one example. 3 SENATOR GOODMAN: May I - 4 SENATOR GOLD: Do we have any 5 state departments now where their orders or 6 fines go right to judgment? 7 SENATOR GOODMAN: To my 8 knowledge, there are not, but I'm not 9 conversant with this; but I'd like to just 10 make one point to you, Senator. In order to 11 impose a civil penalty, the SLA first holds an 12 evidentiary hearing before an Administrative 13 Law Judge or a "no contest" plea is entered. 14 In either of them, notice of the right to be 15 heard and the right to cross-examine are all 16 afforded the respondent in these cases, thus 17 satisfying the due process procedure and 18 permitting the decision of the Administrative 19 Law Judge to be docketed as a judgment. 20 So what I'm trying to point out 21 is this is not an arbitrary and capricious or 22 I think an unduly heavy-handed procedure. 23 It's one that permits the SLA to collect fines 24 when in the present circumstances it becomes 25 very difficult to do so. You levy a fine, the 1 fine isn't paid, and then if the SLA wishes to 2 collect it without this procedure, it has to 3 go through a lengthy court and other related 4 matters which is a lot of bureaucratic red 5 tape and an undue expense to the agency and 6 the taxpayers. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator -- I'm sorry. 10 SENATOR GOLD: Yeah, if the 11 Senator will yield. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Gold. Senator Goodman, would you 14 yield for one more question from Senator Gold? 15 SENATOR GOODMAN: Yes, I will. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Gold. 18 SENATOR GOLD: Senator, I 19 under... you're right, of course, and that is 20 that the fine is the result of a hearing or an 21 uncontested agreement; but I would imagine, 22 Senator, that that's the same thing that 23 happens, for example, to polluters or other 24 people in the environmental field, and I'm 25 just -- I'm not picking on that area; it just 1 happens to come to mind, but it seems to me 2 that the -- that there -- throughout the state 3 departments, they have procedures for hearings 4 and for fines, and they apparently don't have 5 this right, and I'm just wondering why we 6 happen to pick out one agency rather than look 7 at this as a statewide problem throughout the 8 agencies. 9 SENATOR GOODMAN: Well, my 10 sense of this is that rather than condemn the 11 agency or criticize it for being alert in the 12 collection of the fines owed to it, that we 13 should commend them and if this is not a 14 practice that's more widely used, it seems to 15 me it certainly ought to be. 16 SENATOR GOLD: Yes, on the 17 bill, Mr. President. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Gold, on the bill. 20 SENATOR GOLD: Mr. President, 21 let the record indicate that condemning the 22 agency is Senator Goodman's word, not mine. I 23 certainly did not suggest that the Liquor 24 Authority was doing anything wrong by putting 25 forth legislation. If just seems to me that 1 it is an extreme situation for -- for one 2 agency, and I -- and I don't understand it. 3 It doesn't offend me and, Senator Goodman, I'm 4 not going to vote against it, but it would 5 seem to me and I may be wrong, I'd like to 6 think I was wrong, that if there were fines 7 that were levied by the Department of 8 Environmental Conservation against some 9 serious industrial polluters and there was a 10 bill on this floor to make those directly into 11 judgments that the other side of this house 12 would not pass that legislation. I'd like to 13 think I'm wrong. I don't think I'm wrong. 14 I'd like to think I was wrong, and I think 15 that there are a number of circumstances as 16 you go from agency to agency where they could 17 use this kind of teeth in helping the public 18 in a lot stronger way than starting with the 19 Liquor Authority, and I'm not picking on 20 them. I think that this is a power that makes 21 sense and does save taxpayer money. I just 22 think it's curious where the emphasis has been 23 placed. 24 ACTING PRESIDENT MAZIARZ: Read 25 the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect in 90 days. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the 6 roll. ) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Meier. 10 SENATOR DOLLINGER: Not on the 11 bill. 12 THE SECRETARY: Excuse me. In 13 relation to Calendar Number 889, Senator Meier 14 recorded in the negative. Ayes 54, nays one. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Dollinger. 17 SENATOR DOLLINGER: Mr. 18 President, may I have unanimous consent to be 19 recorded in the negative on Calendar Number 20 882. 21 ACTING PRESIDENT MAZIARZ: 22 Without objection. 23 SENATOR DOLLINGER: Thank you. 24 THE SECRETARY: Calendar Number 25 890, by Senator Goodman, Senate Print 3756, an 1 act to amend the Alcoholic Beverage Control 2 Law, in relation to the hours when retail 3 licensees are permitted to sell alcoholic 4 beverages. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 SENATOR STACHOWSKI: 8 Explanation. 9 ACTING PRESIDENT MAZIARZ: An 10 explanation -- Senator Goodman, an explanation 11 has been requested of Calendar Number 890, by 12 Senator Stachowski. 13 SENATOR GOODMAN: Yes, Mr. 14 President. This is a bill which would ensure 15 that all local restrictions on hours of sale 16 of alcoholic beverages existing prior to April 17 1, 1995 would remain in effect. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 3. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the 25 roll. ) 1 THE SECRETARY: Ayes 55. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 897, by Senator Stafford, Senate Print 4249, 6 an act to amend the Tax Law, in relation to 7 the distribution of the additional mortgage 8 recording tax in Franklin County. 9 SENATOR PATERSON: 10 Explanation. 11 SENATOR SKELOS: Lay it aside. 12 ACTING PRESIDENT MAZIARZ: 13 There is a local fiscal impact notice at the 14 desk. The bill is laid aside temporarily. 15 THE SECRETARY: Calendar Number 16 899, by the Committee on Rules, Senate Print 17 4314-A, an act to amend the Tax Law, in 18 relation to extending the authority of the 19 county of Nassau to impose additional sales 20 and use taxes. 21 SENATOR PATERSON: 22 Explanation. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Skelos, an explanation has been 25 requested of Calendar Number 899. 1 SENATOR SKELOS: This would 2 extend Nassau County's sales tax another two 3 years, and would also permit the county 4 through local laws, negotiations with the 5 local villages, to allow them to share in a 6 portion of the county sales tax revenues. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Paterson. 9 SENATOR PATERSON: Thank you, 10 Mr. President. 11 I assumed that Senator Skelos 12 was the sponsor of the legislation. If the 13 Senator would yield for a question? 14 ACTING PRESIDENT MAZIARZ: 15 Senator Skelos, would you yield for a question 16 from Senator Paterson, please? 17 SENATOR SKELOS: Well, we never 18 assume, but I am explaining the bill to the 19 best of my ability. 20 SENATOR PATERSON: O.K. Well, 21 Senator, what I'm trying to determine is if 22 you're not the sponsor, it came from the Rules 23 Committee, if the sales tax has to be extended 24 again, there might be some responsibility that 25 should be taken here and, therefore, I'm just 1 trying to determine why this bill doesn't have 2 a sponsor. There isn't a sponsor anywhere, 3 actually. It just came from the Rules 4 Committee. 5 SENATOR SKELOS: Well, 6 sometimes in life things miraculously come out 7 of the Rules Committee. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Paterson. 10 SENATOR PATERSON: If the 11 Senator would continue to yield. 12 SENATOR SKELOS: Yes. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Skelos, would you continue to yield to 15 Senator Paterson? 16 SENATOR SKELOS: Yes. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Paterson. 19 SENATOR PATERSON: Well, it is 20 curious, but what I'm trying to figure out is 21 whether the local county wants this and 22 without any clear definition of who initiates 23 this. 24 SENATOR SKELOS: Yes. The 25 county is supportive of this legislation. 1 SENATOR PATERSON: Then you 2 have heard of the legislation? 3 SENATOR SKELOS: I have 4 definitely heard of the legislation. 5 SENATOR PATERSON: O.K. If the 6 Senator would continue to yield. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Skelos, do you continue to yield? 9 Senator Paterson. 10 SENATOR PATERSON: Is there a 11 local fiscal impact? Not a local fiscal 12 impact, but what I'm really asking is what is 13 the need for the sales tax extension? 14 SENATOR SKELOS: The county 15 needs the revenue. 16 VOICES: Can't hear again. 17 ACTING PRESIDENT MAZIARZ: 18 Excuse me, Senator Paterson. Senator 19 Paterson. 20 SENATOR PATERSON: Thank you, 21 Mr. President - 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Gold. 25 SENATOR GOLD: Would Senator 1 Paterson yield to a question? 2 ACTING PRESIDENT MAZIARZ: 3 Senator Paterson, would you yield to a 4 question from Senator Gold? 5 SENATOR PATERSON: With 6 trepidation, yes. 7 SENATOR GOLD: I have two 8 questions. The first question - 9 ACTING PRESIDENT MAZIARZ: 10 Yes. Senator Gold. 11 SENATOR GOLD: The first 12 question is have you heard from anyone in 13 Nassau County or received any indication from 14 people in Nassau County as to what their 15 legislative priorities might be for this 16 session? 17 ACTING PRESIDENT MAZIARZ: 18 Senator Paterson. 19 SENATOR PATERSON: No, I have 20 not. 21 SENATOR GOLD: Would you tell 22 me if the answer was yes? 23 SENATOR PATERSON: No, no. 24 SENATOR GOLD: Will you yield 25 for one more question? 1 ACTING PRESIDENT MAZIARZ: 2 Senator Paterson, would you yield for one more 3 question from Senator Gold? 4 SENATOR PATERSON: Without 5 reservation. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Gold. 8 SENATOR GOLD: O.K. The reason 9 I ask is because I have heard from some people 10 in Nassau County and they were not talking to 11 me about their additional sales tax but every 12 one of them said to me they want rent 13 regulation continued. So I think it's 14 interesting the only bill we got out of Rules 15 Committee to help Nassau today is to tax its 16 people, but the tenants in Nassau who need 17 help in their rent regulations apparently 18 aren't getting it today. 19 SENATOR PATERSON: Thank you, 20 Senator Gold. That's -- that's enlightening 21 and unfortunately, we weren't able to find out 22 who is the sponsor of that bill, and so I 23 think we should just make an appeal to the 24 general public, if you have any information as 25 to the sponsor of that bill, please call us at 1 our toll-free number. 2 THE SECRETARY: Section 3. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 903, by Senator Trunzo, Senate Print 4904-A an 13 act authorizing the Commissioner of the Office 14 of General Services to enter into contracts. 15 ACTING PRESIDENT MAZIARZ: 16 Secretary - 17 THE SECRETARY: Section 3. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 SENATOR PATERSON: Party vote 24 in the negative. 25 ACTING PRESIDENT MAZIARZ: Bill 1 is laid aside for the day. 2 SENATOR DOLLINGER: Mr. 3 President. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Dollinger. 6 SENATOR DOLLINGER: These bills 7 are timely, the debate goes on and then I miss 8 my opportunity. Could I have unanimous 9 consent to be recorded in the negative on 10 Calendar Number 899 even though I was sitting 11 here. It whizzed right by me. 12 ACTING PRESIDENT MAZIARZ: 13 Without objection, so ordered. 14 THE SECRETARY: Calendar Number 15 904, by Senator Stafford, Senate Print 4998-A, 16 an act to amend the Tax Law, in relation to 17 authorizing the county of Essex. 18 SENATOR PATERSON: 19 Explanation. 20 SENATOR SKELOS: Lay aside 21 temporarily. 22 ACTING PRESIDENT MAZIARZ: Bill 23 is laid aside temporarily. 24 THE SECRETARY: Calendar Number 25 914, by Senator Maziarz, Senate Print 2558, an 1 act to amend the Correction Law, in relation 2 to co-payment of fees. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect immediately. 7 ACTING PRESIDENT MAZIARZ: Call 8 the roll. 9 (The Secretary called the 10 roll. ) 11 THE SECRETARY: Ayes 55. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 918, by Senator Skelos, Senate Print 3408-A, 16 an act to amend the Executive Law, and the 17 Penal Law, in relation to payment of fee by 18 persons sentenced to probation. 19 ACTING PRESIDENT DeFRANCISCO: 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 this legislation provides that subject to a 23 court order a non-indigent criminal sentenced 24 to probation may be required to reimburse a 25 county or city the actual costs of their 1 supervision during their probationary period 2 if the county or city has enacted this 3 provision. 4 ACTING PRESIDENT DeFRANCISCO: 5 Read the last section. 6 THE SECRETARY: Section 3. 7 This act shall take effect on the first day of 8 November. 9 ACTING PRESIDENT DeFRANCISCO: 10 Call the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 55. 14 SENATOR DeFRANCISCO: The bill 15 is passed. 16 Would those who wish to vote in 17 the negative please raise their hands again. 18 Please announce the results. 19 THE SECRETARY: Those recorded 20 in the negative on Calendar Number 918 are 21 Senators Leichter, Seabrook, Stavisky and 22 Waldon. Ayes 51, nays 4. 23 SENATOR SKELOS: Mr. 24 President. 25 ACTING PRESIDENT DeFRANCISCO: 1 Senator -- the bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Yeah, on 4 behalf of Senator Stafford, would you lay 5 aside Calendar Number 897 for the day and also 6 Calendar Number 904 for the day. 7 ACTING PRESIDENT DeFRANCISCO: 8 Calendar Numbers 897 and 904 are laid aside 9 for the day. 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 919, by Senator Skelos, Senate Print 3410-A, 13 an act to amend the Correction Law and the 14 County Law, in relation to maintenance of 15 prisoners in county jail facilities. 16 SENATOR PATERSON: 17 Explanation. 18 ACTING PRESIDENT DeFRANCISCO: 19 Senator Skelos. 20 SENATOR SKELOS: Once again, 21 Mr. President, this bill amends the Correction 22 Law and the County Law to provide that a 23 prisoner who has been found non-indigent shall 24 be required to reimburse a county or city jail 25 for certain expenses incurred during his or 1 her term of imprisonment. 2 ACTING PRESIDENT DeFRANCISCO: 3 Senator Paterson. 4 SENATOR PATERSON: Thank you, 5 Mr. President. 6 If the Senator would yield for 7 a question. 8 ACTING PRESIDENT DeFRANCISCO: 9 Senator, will you yield for a question? 10 SENATOR SKELOS: Yes. 11 SENATOR PATERSON: How is a 12 defendant found non-indigent and what is the 13 basis for coming to that conclusion? 14 SENATOR SKELOS: The 15 individual's financial resources would be 16 considered, health, age and other relevant 17 factors. 18 SENATOR PATERSON: If the 19 Senator would yield for another question. 20 SENATOR SKELOS: Yes, Mr. 21 President. 22 SENATOR PATERSON: Is Nassau 23 County practicing this at this point and if it 24 is what would the need of the legislation be? 25 SENATOR SKELOS: Nassau County 1 is practicing this right now. The concern is 2 from other counties that -- whether they can 3 or cannot do it. Nassau County feels they 4 can. Other counties there may be a question. 5 So we're clarifying it by state legislation 6 saying you can. 7 ACTING PRESIDENT DeFRANCISCO: 8 Senator Paterson. 9 SENATOR PATERSON: Mr. 10 President, that might be very instructive if 11 Senator Skelos would yield for another 12 question. 13 SENATOR SKELOS: Absolutely. 14 SENATOR PATERSON: Well, 15 Senator, if that be the case, what have the 16 results been because my concern is by the time 17 you finish examining somebody's financial 18 records, I wonder if the cost of actually 19 going through that procedure is even 20 outweighed by the savings should the defendant 21 be found to be non-indigent? 22 SENATOR SKELOS: I disagree 23 with you on that. 24 SENATOR PATERSON: Well, 25 actually, it's not a position I'm stating. 1 It's just a concern. 2 SENATOR SKELOS: Well, we 3 appreciate your concern. 4 ACTING PRESIDENT DeFRANCISCO: 5 Senator Paterson. 6 SENATOR PATERSON: Mr. 7 President, what -- what I wanted to know was 8 an answer to my question, which was how much 9 has actually been saved or what have been the 10 results of the use of this system in Nassau 11 County? 12 ACTING PRESIDENT DeFRANCISCO: 13 Senator Skelos. 14 SENATOR SKELOS: I'm not 15 familiar with the results. 16 SENATOR PATERSON: O.K. Thanks 17 very much, Mr. President. 18 ACTING PRESIDENT DeFRANCISCO: 19 Read the last section. 20 SENATOR LEICHTER: Mr. 21 President. 22 ACTING PRESIDENT DeFRANCISCO: 23 Senator Leichter. 24 SENATOR LEICHTER: Would the 25 Senator yield, please? 1 ACTING PRESIDENT DeFRANCISCO: 2 Senator, will you yield? 3 SENATOR LEICHTER: Senator, I 4 see that you make this act effective 5 immediately. Would that apply to inmates that 6 are currently in jail? 7 SENATOR SKELOS: I don't 8 believe so, Senator Leichter. 9 SENATOR LEICHTER: Well, the 10 act says it shall take effect immediately. 11 Could you refer me to anything in the -- in 12 this bill which says that it does not apply to 13 inmates that are currently in county 14 facilities? 15 SENATOR SKELOS: Senator 16 Leichter, I think you may be correct. I think 17 it could apply to somebody who has been 18 sentenced. 19 ACTING PRESIDENT DeFRANCISCO: 20 Senator Leichter. 21 SENATOR LEICHTER: Well, 22 Senator Skelos, doesn't that raise a 23 constitutional problem? Isn't that an ex post 24 facto law? I mean here somebody has committed, 25 let's say for the sake of the argument, a 1 Class A misdemeanor. The Class A misdemeanor 2 provides for what the penalty is, 3 imprisonment, fine, and so on. Now, you're 4 imposing an additional penalty. 5 SENATOR SKELOS: No, we're 6 not. No, we're not. We're saying it's not a 7 penalty. It's a cost of incarceration, and 8 there would be a hearing by a judge to see if 9 the person is indigent or non-indigent, so I 10 don't believe that this is an additional 11 penalty or additional fine. It's a way of the 12 county getting back money that they're laying 13 out for the expenses of that prisoner. 14 SENATOR LEICHTER: Well, 15 Senator Skelos, if you would continue to yield 16 because I think it's an important issue, 17 because while you're right that it only seeks 18 to reimburse the county for its expenses, 19 nevertheless, it's an amount that now an 20 inmate has to pay, whereas previously under 21 the law that was not part of his punishment. 22 Now, the punishment is for that Class A 23 misdemeanor, and he gets a year in jail. He 24 got a $1,000 fine and now suddenly after he's 25 been sentenced, he's going to be sued for his 1 cost of incarceration. 2 SENATOR SKELOS: The person - 3 SENATOR LEICHTER: Again that 4 certainly is a penalty - 5 ACTING PRESIDENT DeFRANCISCO: 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if I could respond to that. 9 If the person wasn't in jail 10 and was a law-abiding citizen they'd be paying 11 for their own living expenses anyway, so here 12 we're saying if you're non-indigent - 13 remember, that's the important word 14 "non-indigent". A hearing is held by a judge 15 to determine that you're non-indigent, then we 16 should look at that as a normal living expense 17 that all of us have to -- all of us 18 law-abiding, tax-paying citizens have to abide 19 by and pay. 20 SENATOR LEICHTER: Mr. 21 President. 22 ACTING PRESIDENT DeFRANCISCO: 23 Senator Leichter. 24 SENATOR LEICHTER: If Senator 25 Skelos continues to yield. 1 I must say I think that's a 2 somewhat interesting interpretation of what 3 are penalties under the Constitution. You and 4 I have had occasions to debate the 5 Constitution before. At least up to now a 6 district court judge has agreed with me. I 7 don't know why I had to get that in. That was 8 unkind. Strike that. But seriously - 9 SENATOR SKELOS: That's one 10 district court judge. There are, throughout 11 the country, there are many district court 12 judges that disagree with you. 13 SENATOR LEICHTER: Well, I 14 don't know. I don't think any of them have 15 passed yet on the particular bill that you and 16 I -- is now law, the Megan Law that you and I 17 are referring to. It's only been passed on by 18 one judge and he found it unconstitutional on 19 the same issue which is - 20 SENATOR SKELOS: He didn't find 21 the bill unconstitutional. 22 SENATOR LEICHTER: He found 23 that provision unconstitutional, and it's 24 exactly the same argument that I'm making here 25 that you're imposing an ex post facto penalty 1 and while you may say it's only the cost of 2 reimbursement, it's still a penalty to 3 somebody and it's clear to me that that's 4 unconstitutional. I have - 5 SENATOR SKELOS: Senator 6 Leichter, your interpretation is that if we 7 have a prisoner who has violated the laws of 8 this state, is in prison and he or she are 9 getting their teeth capped, they're getting 10 medical treatment, they're eating three 11 squares a day, and they are non-indigent- 12 non-indigent -- the taxpayers of this state 13 should have to pay for that rather than being 14 able to recoup a percentage of that and save 15 the taxpayers money. 16 SENATOR LEICHTER: Senator, 17 that's not -- that is not what I'm saying at 18 all. 19 SENATOR SKELOS: You're saying 20 that's not an additional penalty. 21 ACTING PRESIDENT DeFRANCISCO: 22 Excuse me. Gentlemen, excuse me. Senator 23 Leichter, I believe you have the floor. 24 SENATOR LEICHTER: Right. 25 Senator Skelos, what I am saying is that 1 irrespective of this being as you allege and 2 accepting this to be so, just reimbursement, 3 nevertheless it is an additional penalty. 4 Right now, under the law if you commit a 5 misdemeanor, you're sentenced to county jail, 6 you are not liable for your expenses. If you 7 impose those expenses now on somebody, I don't 8 think you can do it retroactively to people 9 who are presently in jail. I think that's - 10 I think that's evident. It has nothing to do 11 with whether your bill has merit or not. I 12 happen to think it may not have merit for 13 other reasons, but granted, even if your bill 14 was merited, was the most brilliant 15 legislation that we've ever seen, you still 16 are bound by the Constitution. Even an 17 inmate, even an inmate, Senator Skelos, is 18 entitled to constitutional protection. That's 19 all I'm arguing with you and I would suggest 20 that your bill, which I have no particular 21 reason of wanting to sanitize, but would be 22 much better off if it provided that it would 23 be effective as -- by the way, almost all 24 bills that relate to penalties and inmates or 25 people who commit offenses that it will be 1 effective upon certain number of days or 2 effective upon people who commit an offense 3 subsequent to the date of the act. 4 But let me move on to something 5 else, if you will continue to yield please. I 6 -- and I confess that I've not had a chance 7 to review your bill fully this year. I assume 8 it's the same one that we've seen in the 9 past. 10 SENATOR SKELOS: Same as last 11 year, right. 12 SENATOR LEICHTER: Somewhat - 13 I -- I didn't think about it once since last 14 year, but all right. I confess that as a 15 fault, but seriously, the bill provides that 16 those who are charged with an offense, sent to 17 jail, can't make bail or no bail, would also 18 be subject to reimbursing the county, is that 19 correct? 20 SENATOR SKELOS: Those that 21 have been sentenced and imprisoned. 22 SENATOR LEICHTER: It applies 23 only to those who have been sentenced and - 24 so somebody who served a certain amount of 25 time in jail and then is acquitted or let's 1 say for the sake of the argument dismissed the 2 entire -- or is adjourned in contemplation of 3 dismissal and he's released from jail, would 4 that person have to reimburse the county? 5 SENATOR SKELOS: Sentenced and 6 imprisoned. 7 SENATOR LEICHTER: Sentenced 8 and imprisoned. 9 SENATOR SKELOS: And 10 imprisoned. 11 SENATOR LEICHTER: And if he is 12 sentenced and imprisoned, then it relates back 13 to his previous time that he served prior to 14 being sentenced, is that correct, or prior to 15 being convicted? 16 SENATOR SKELOS: I guess it 17 could. 18 SENATOR LEICHTER: O.K. Just - 19 just briefly. Briefly, on the bill. 20 Mr. President, we -- we debated 21 this bill. I just think it creates an 22 administrative problem, I won't say a 23 nightmare but certainly a problem, and I think 24 the idea that you're going to collect a lot of 25 money from inmates who have been in jail, to 1 my mind, really just doesn't make sense. I 2 also am concerned as I pointed out. I think 3 there's a constitutional flaw in the bill by 4 seeking to apply it to people who are 5 presently serving jail sentences. That 6 clearly is an ex post facto provision and 7 would make the bill unconstitutional, probably 8 taints the whole bill, but certainly 9 constitutional -- unconstitutional to that 10 extent. 11 ACTING PRESIDENT DeFRANCISCO: 12 Senator Lachman. 13 SENATOR LACHMAN: Would Senator 14 Skelos yield for one question? 15 ACTING PRESIDENT DeFRANCISCO: 16 Senator Skelos. 17 SENATOR LACHMAN: It's 18 basically a rephrasing of a question that 19 Senator Paterson asked you a few minutes ago, 20 and I didn't completely comprehend the 21 response. Have there been criteria that have 22 been set up that will determine, quote, if 23 they have the means, end of quote, to 24 reimburse the cost? 25 SENATOR SKELOS: Mr. President, 1 we take into account financial resources, 2 assets, expenses, health, age, current child 3 support, maintenance court orders, it goes on 4 and on and on. 5 SENATOR LACHMAN: So it's the 6 individual judge who will set the criteria in 7 the court? 8 SENATOR SKELOS: Right. 9 ACTING PRESIDENT DeFRANCISCO: 10 Read the last section. 11 THE SECRETARY: Section 7. 12 This act shall take effect immediately. 13 ACTING PRESIDENT DeFRANCISCO: 14 Call the roll. 15 (The Secretary called the 16 roll. ) 17 SENATOR MONTGOMERY: I would 18 like to explain my vote briefly. 19 ACTING PRESIDENT DeFRANCISCO: 20 Yes, Senator. 21 SENATOR MONTGOMERY: I see from 22 an article that was in the Nassau or in the 23 Long Island issue of Newsday, I believe from 24 April 4, where they talk about the 25 Nassau-Suffolk, the Suffolk -- the Nassau 1 County policy where they are attempting to 2 collect a projected 2 million, 2 to $3 3 million, I believe. They've only, in the 4 first three months of the program, collected 5 16,000, and the maximum fee of $150 a day 6 applies to people who earn 50,000 and have 7 assets of more than 100,000. 8 Now, while we may be talking 9 about people on the high end of the drug 10 business, I don't know, that they have this 11 kind of income, but I don't believe it's the 12 average inmate that has income of 50,000 or 13 assets of 100,000, and in fact they are 14 certainly not going to be able to come up with 15 the -- the requirement that is anticipated to 16 be paid in order to satisfy this particular 17 statute. 18 So I -- I believe it's, as has 19 been stated, an additional penalty on people 20 who have hopefully served their time and have 21 to some extent been rehabilitated and are now 22 out looking for a job for which they are 23 probably going to be paid close to minimum 24 wage based on the fact that they have a 25 criminal record, if they can find a job. So 1 this does not seem to make any sense either 2 fiscally or as it relates to serving penalty 3 on inmates. 4 So I'm voting no on this 5 legislation, Mr. President. 6 THE SECRETARY: Those recorded 7 in the negative on Calendar Number 919, 8 Senator Connor, Leichter, Markowitz, 9 Montgomery, Paterson, Sampson, Santiago, 10 Seabrook, Smith, Stavisky and Waldon. Ayes 11 46, nays 11. 12 SENATOR GOLD: Mr. President. 13 ACTING PRESIDENT MARCELLINO: 14 The bill is passed. 15 Senator Santiago, please. 16 SENATOR SANTIAGO: Mr. 17 President, for the record, had I been in the 18 chamber yesterday when the vote was taken on 19 Calendar Number 606, I would have voted in the 20 negative. Thank you. 21 ACTING PRESIDENT MARCELLINO: 22 The record will so show. 23 Senator Waldon. 24 SENATOR WALDON: Mr. President, 25 during the proceedings in regard to Calendar 1 Number 914, most regrettably I was engaged in 2 business related to the Senate, not paying 3 attention to the calendar. I respectfully ask 4 unanimous consent to be recorded in the 5 negative on Calendar 914. 6 ACTING PRESIDENT MARCELLINO: 7 Without objection. 8 Senator Montgomery. 9 SENATOR MONTGOMERY: Mr. 10 President, I was out of the chamber when the 11 vote was taken on Calendar 919. I would like 12 unanimous consent to be recorded in the 13 negative on that bill. 14 THE SECRETARY: She just 15 explained her vote. 16 ACTING PRESIDENT MARCELLINO: 17 You just explained your vote on that 18 particular one. 19 SENATOR MONTGOMERY: I mean 20 Calendar 918, I'm sorry. 21 SENATOR SKELOS: No objection. 22 ACTING PRESIDENT MARCELLINO: 23 No objection. 24 SENATOR MONTGOMERY: Thank 25 you. 1 ACTING PRESIDENT MARCELLINO: 2 Senator Seabrook. 3 SENATOR SEABROOK: Yes, Mr. 4 President. Being out of the chamber myself, 5 I'd like to be recorded in the negative on 914 6 as well, with unanimous consent. 7 ACTING PRESIDENT MARCELLINO: 8 The record will so show. 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 922, by Senator Nozzolio, Senate Print 5184, 12 an act to amend the Correction Law, in 13 relation to the temporary release of inmates. 14 SENATOR PATERSON: 15 Explanation. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Nozzolio, an explanation has been 18 requested. 19 SENATOR NOZZOLIO: The 20 Department of Correctional Services program 21 bill before us amends the Correction Law to 22 change the wording of the memorandum of 23 agreement which all inmates sign so that the 24 original intent of this Legislature is carried 25 out to ensure that an inmate's continued 1 participation in the temporary release program 2 is clearly understood to be a privilege and 3 not a right. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Paterson, why do you rise? 6 SENATOR PATERSON: Mr. 7 President, if Senator Nozzolio would yield for 8 a question. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Nozzolio, do you yield to Senator 11 Paterson? 12 SENATOR NOZZOLIO: Yes. 13 ACTING PRESIDENT MARCELLINO: 14 He yields. 15 SENATOR PATERSON: Senator, in 16 order to be eligible for temporary release 17 programs in the first place, is it not 18 incumbent upon the department to make some 19 determination that the -- that the prisoner is 20 eligible, in other words it's not a right 21 because it doesn't vest at a certain point. 22 It's something that would occur after a period 23 of time and after, assume -- we could assume a 24 certain code of conduct or threshold of 25 cooperation was established. 1 SENATOR NOZZOLIO: Correct, Mr. 2 President. 3 SENATOR PATERSON: Therefore, 4 and I don't know if there's anything really 5 wrong with this legislation. I guess I -- my 6 final question would just be to ask why it's 7 necessary since we already have a standard 8 that has to be achieved prior to allowing 9 someone the opportunity to participate in a 10 temporary release program? 11 SENATOR NOZZOLIO: Mr. 12 President, this legislation clarifies to the 13 inmate themselves that this is, in fact, a 14 privilege and not a right to uncloud any 15 perception that an inmate could have to the 16 contrary. 17 This is a measure which clearly 18 is four square within the legislative intent 19 to make this a privilege and not a right, and 20 by clarifying or elucidating, illuminating 21 this element to an inmate clarifies confusion 22 in the future that there are -- there should 23 be no mistake by any inmate. They're given 24 clear notice as a result of this legislation 25 that it is a privilege which can be revoked. 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect on the 30th day. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 56, nays 10 1, Senator Sampson recorded in the negative. 11 ACTING PRESIDENT MARCELLINO: 12 The bill is passed. 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 979, by Senator Farley, Senate Print 2278, an 16 act to amend the Vehicle and Traffic Law, in 17 relation to fire police. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the 25 roll. ) 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT MARCELLINO: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 993, by Senator Levy, Senate Print 4308, an 6 act to amend the Public Authorities Law, in 7 relation to authorizing the Metropolitan 8 Transportation Authority. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 Senator Paterson, did you 12 speak? Lay it aside for the day. 13 THE SECRETARY: Calendar Number 14 1001, by Senator Levy, Senate Print 4535, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to the registration period of 17 apportioned vehicles. 18 SENATOR PATERSON: 19 Explanation. 20 SENATOR SKELOS: Lay it aside 21 for the day. 22 ACTING PRESIDENT MARCELLINO: 23 Lay it aside for the day. 24 THE SECRETARY: Calendar Number 25 1044, by Senator Marchi, Senate Print 3597, an 1 act to amend the Not-for-Profit Corporation 2 Law, in relation to the organization of 3 university faculty. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT MARCELLINO: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1046, by Senator Wright, Senate Print 3723, an 17 act to repeal Title 13-e of Article 8 of the 18 Public Authorities Law. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last - 21 SENATOR PATERSON: 22 Explanation. 23 ACTING PRESIDENT MARCELLINO: 24 Gee whiz! Senator Wright, an explanation has 25 been asked for. 1 SENATOR WRIGHT: Thank you, Mr. 2 President. 3 The bill repeals Title 13-e of 4 Article 8 of the Public Authorities Law. It 5 has been introduced at the request of the St. 6 Lawrence County government. They no longer 7 believe that the Authority that was 8 established in 1987 is needed for the county's 9 operation. The county is assuming 10 responsibility of all assets and liabilities 11 and bonded indebtedness of the Authority 12 during its existence. 13 SENATOR PATERSON: Explanation 14 satisfactory. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 3. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 57. 24 ACTING PRESIDENT MARCELLINO: 25 The bill is passed. 1 THE SECRETARY: Calendar Number 2 1047, by Senator Marchi, Senate Print 3797, an 3 act to amend the Waterfront Commission Act, in 4 relation to extending the term of a 5 stevedore's license. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect upon the enactment 10 into law by the state of New Jersey of 11 legislation having an identical effect. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the 15 roll. ) 16 SENATOR PATERSON: 17 Explanation. 18 ACTING PRESIDENT MARCELLINO: 19 Excuse me, Senator Paterson. You want an 20 explanation on this bill? 21 SENATOR PATERSON: Yes, I do. 22 ACTING PRESIDENT MARCELLINO: 23 O.K. I guess we have to hold the roll. 24 Senator Skelos is not quite sure. 25 SENATOR SKELOS: Complete the 1 roll call on 1047, please. 2 ACTING PRESIDENT MARCELLINO: 3 Complete the roll call. 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT MARCELLINO: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1048, by Senator Larkin, Senate Print 3840, an 9 act to amend Chapter 698 of the Laws of 1991 10 amending the Public Authorities Law. 11 SENATOR PATERSON: 12 Explanation. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Larkin. 15 SENATOR LARKIN: Mr. President, 16 this bill would add McQuade Children's 17 Services to the list of facilities eligible to 18 receive Dormitory Authority capital financing 19 as set forth in Chapter 698 of the Laws of 20 1991. Right now there are no funding for this 21 program currently exists. However, we're 22 asking that this be made available in the 23 event the mechanisms change and that McQuade 24 would be added to the list. Currently, we 25 have a number of schools. There are the Astor 1 Learning Center, the Astor Home for Children, 2 the Devereaux Foundation, the Gateway Youth 3 and Family Service, Green Chimneys School for 4 Little Folk, Harmony Heights, Harmony Heights 5 Schools, Lake Grove, Lutheran Services of 6 Upper New York, the Nassau Order for the 7 Developmentally Disabled, Nassau Center for 8 the Developmentally Disabled, Inc., Upstate 9 Home for Children, Vanderheyden Home and 10 Windham Lawn Home for Children, and all we're 11 asking is that this McQuade, which takes care 12 of a number of children, 90 percent of them 13 coming out of the city of New York -- right 14 now there are 40 residents in one program and 15 20 in another, and the facility is not 16 adequate and the hope is that some day there 17 will be some funding available as to let them 18 be added into the existing pool. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Stavisky. 21 SENATOR STAVISKY: Mr. 22 President, I do not, on principle, oppose what 23 you are doing. I simply wish to say that 24 Dormitory Authority funds should initially be 25 available to the public school facilities. 1 I had occasion recently to ask 2 that those facilities and that funding be 3 available on a replacement of auditorium 4 curtains in the public schools of New York 5 City and I was told that there was no 6 opportunity for that to be done by the 7 chancellor of the New York City school 8 system. I think that we sometimes over-extend 9 the concept of Dormitory Authority funding and 10 we should keep in mind that the primary use 11 should be for public school facilities and to 12 have that negative response coming from a 13 chancellor of the New York City school system 14 troubled me. 15 Parents have been paying for 16 replacement of stage curtains at public 17 schools. They've had to go through all kinds 18 of private funding sources, including cake 19 sales, in order to try to replace, and I 20 believe that we ought to keep in mind the 21 original purpose of the Dormitory Authority 22 was not to add so many extraneous 23 organizations to the list. We already perhaps 24 have too many, but rather to keep in mind that 25 the principal function of the Dormitory 1 Authority funds should be for public 2 facilities and not all in the private sector. 3 Senator Larkin, I'm going to 4 vote for your bill, but I want to point out 5 that there's a very troubling double standard 6 that has been applied here, and I think that 7 double standard is wrong. You should not have 8 the parents of public school pupils paying for 9 the replacement of curtains that have been 10 damaged through use, through neglect, through 11 every conceivable concept, every conceivable 12 manner of -- and then ask the parents of the 13 school children who often do not have the 14 funds, to pay for these curtains. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section, please. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Paterson. Excuse me. Senator 21 Paterson. 22 SENATOR PATERSON: If the 23 Senator would yield for a question, actually, 24 I had a question I wanted to ask. 25 ACTING PRESIDENT MARCELLINO: 1 Senator Larkin, will you yield? 2 SENATOR LARKIN: Yes. 3 ACTING PRESIDENT MARCELLINO: 4 He yields. 5 SENATOR PATERSON: Senator 6 Larkin, I'm not trying to promulgate quotas. 7 However, I did notice that absent from the 8 legislation was any significant language 9 relating to the establishment of minority and 10 women's business enterprises, and I wanted to 11 know if in your negotiations with the other 12 house to pass this legislation, whether or not 13 you're going to obtain that notion. 14 SENATOR LARKIN: Well, I'll 15 have to tell you, Senator Paterson, this was a 16 request from the McQuade Children's Home 17 which, as you know, takes a number of children 18 from the city of New York. It's been funded a 19 lot by private funds that we have secured for 20 them but the number of children being referred 21 to them, they thought that they would like to 22 be included. There is no reason why somebody 23 else couldn't come along and ask that they 24 become a part of this litany of schools that 25 are participating in it now. 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT MARCELLINO: 11 The bill is passed. 12 Senator Montgomery, why do you 13 rise? 14 SENATOR MONTGOMERY: Mr. 15 President, I would like unanimous consent to 16 be recorded in the negative on Calendar 914. 17 ACTING PRESIDENT MARCELLINO: 18 Without objection. 19 Senator Gentile. 20 SENATOR GENTILE: Yes, Mr. 21 President. I would ask unanimous consent to 22 be recorded in the negative on Calendars 882, 23 895 and 899. 24 ACTING PRESIDENT MARCELLINO: 25 The record will so show. 1 Secretary will read Calendar 2 Number 675. 3 THE SECRETARY: Calendar Number 4 675, by Senator Levy, Senate Print 4262, an 5 act to amend the Highway Law, in relation to 6 regulations regarding accessible pedestrian 7 crosswalks. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 3. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 57. 17 ACTING PRESIDENT MARCELLINO: 18 The bill is passed. 19 Will you read 778, please. 20 THE SECRETARY: Calendar Number 21 778, by the Assembly Committee on Rules, 22 Assembly Print 7700, an act to amend the 23 Public Health Law. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section. 1 SENATOR PATERSON: 2 Explanation. 3 SENATOR SKELOS: Lay that 4 aside. 5 ACTING PRESIDENT MARCELLINO: 6 Lay the bill aside. 7 Senator Dollinger. 8 SENATOR DOLLINGER: Mr. 9 President, may I just have unanimous consent 10 to be recorded in the negative on Calendar 11 Number 895. Thank you. 12 ACTING PRESIDENT MARCELLINO: 13 Without objection. 14 Will you read Calendar Number 15 903, please. 16 THE SECRETARY: Calendar Number 17 903, by Senator Trunzo, Senate Print 4904-A, 18 an act authorizing the Commissioner of General 19 Services to enter into contract. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 SENATOR PATERSON: Explanation, 23 please. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Trunzo, an explanation has been asked 1 for. 2 SENATOR TRUNZO: Mr. President, 3 what this bill does is authorizes the -- the 4 Office of General Services to convey property 5 in Central Islip to the Touro Law School so 6 that they can build a new facility next to the 7 court facility, the Cohallen court facility 8 that's there now, the federal facility which 9 is currently being built, and the New York 10 Institute of Technology which has developed 11 the Central Islip Hospital campus which has 12 now been declared surplus over the years, and 13 Touro who wants to put a building up in that 14 particular area on this spot that has been 15 declared surplus by the Office of General 16 Services looking to get this property so that 17 they can put a -- their college there at this 18 time. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section, please. 21 THE SECRETARY: Section 3. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 57. 3 SENATOR PATERSON: Party vote 4 in the negative. 5 SENATOR SKELOS: Lay aside. 6 ACTING PRESIDENT MARCELLINO: 7 Lay the bill aside. 8 Senator Skelos. 9 SENATOR SKELOS: Is there any 10 housekeeping at the desk? 11 ACTING PRESIDENT MARCELLINO: 12 Yes, we have some, sir. 13 Senator Meier. 14 SENATOR MEIER: Mr. President, 15 I wish to call up Calendar Number 753, 16 Assembly Print Number 6489. 17 ACTING PRESIDENT MARCELLINO: 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 753, by member of the Assembly Pretlow, 21 Assembly Print 6489, concurrent resolution of 22 the Senate and Assembly. 23 SENATOR MEIER: Mr. President, 24 I now move to reconsider the vote by which 25 this Assembly bill was substituted for my 1 bill, Senate Print Number 4110, on May 7. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll on reconsideration. 4 (The Secretary called the roll 5 on reconsideration. ) 6 THE SECRETARY: Ayes 57. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Meier. 9 SENATOR MEIER: Mr. President, 10 I now move that Assembly Bill Number 6489 be 11 committed to the Committee on Rules and my 12 bill restored, or be restored to the order of 13 Third Reading Calendar. 14 ACTING PRESIDENT MARCELLINO: 15 The Assembly bill is committed and the Senate 16 bill is restored. 17 SENATOR MEIER: O.K. Mr. 18 President, I now offer the amendments which 19 have been filed at the desk. 20 ACTING PRESIDENT MARCELLINO: 21 Amendments are accepted. 22 Senator LaValle, why do you 23 rise? 24 SENATOR LAVALLE: Mr. 25 President, on page number 59, I offer the 1 following amendments to Calendar Number 1058, 2 Senate Print Number 4777, and ask that said 3 bill retain its place on the Third Reading 4 Calendar. 5 ACTING PRESIDENT MARCELLINO: 6 Amendments are accepted. The bill will retain 7 its place on the Third Reading Calendar. 8 Senator Skelos, that finishes 9 all the housekeeping. 10 SENATOR SKELOS: There being no 11 further business, I move we adjourn until 12 Tuesday, May 27th, at 3:00 p.m., intervening 13 days being legislative days. 14 ACTING PRESIDENT MARCELLINO: 15 The fact there being no further business 16 before this house, I move we adjourn. The 17 Senate is adjourned until May 27th at 3:00 18 p.m., intervening days being legislative 19 days. 20 (Whereupon at 11:46 a.m., the 21 Senate adjourned. ) 22 23 24 25