Monday, June 2, 1997

4455 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 2, 1997 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 4456 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 moment 9 of silence. 10 (A moment of silence was 11 observed.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Friday, May 30th. The Senate met pursuant to 16 adjournment. The Journal of Thursday, May 29th, 17 was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees. 4457 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Yes, Madam 6 President. On behalf of Senator Libous, please 7 remove the sponsor star from Calendar Numbers 8 237 and 264. 9 THE PRESIDENT: So ordered. 10 SENATOR MARCELLINO: Also, Madam 11 President, I wish to call up Senator Stafford's 12 bill, Print Number 3164, recalled from the 13 Assembly, which is now at the desk. 14 THE PRESIDENT: Secretary will 15 read. 16 THE SECRETARY: By Senator 17 Stafford, Senate Print 3164, an act to amend the 18 Education Law and Chapter 698 of the Laws of 19 1996. 20 SENATOR MARCELLINO: Madam 21 President, I now move to reconsider the vote by 22 which this bill was passed. 23 THE PRESIDENT: The Secretary 24 will call the roll on reconsideration. 25 (The Secretary called the roll on 4458 1 reconsideration.) 2 THE SECRETARY: Ayes 40. 3 THE PRESIDENT: The bill is 4 before the house. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Madam 7 President, I now offer the following amendments. 8 THE PRESIDENT: Amendments 9 received. 10 Senator Tully. 11 SENATOR TULLY: Madam President, 12 on behalf of Senator Cook, on page 19, I offer 13 the following amendments to Calendar Number 587, 14 Senate Print Number 2803, and ask that said bill 15 retain its place on the Third Reading Calendar. 16 THE PRESIDENT: Amendments 17 received. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 I believe there is a privileged resolution at 21 the desk by Senator Seward. May we please have 22 it read in its entirety and move for its 23 immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read. 4459 1 THE SECRETARY: By Senator 2 Seward, Legislative Resolution commending the 3 Pioneering Partners Foundation upon the occasion 4 of honoring the 16 schools in the State of New 5 York that were recipients of its Award since 6 1992 to be celebrated on June 2, 1997. 7 WHEREAS, it is the sense of this 8 Legislative Body to act, in accord with its 9 long-standing traditions, honoring the youth of 10 today, leaders of tomorrow, teachers and 11 administrators, whose character and achievements 12 best exemplify the ideals and values cherished 13 by this great State and Nation. 14 This Legislative Body is proud to 15 commend the Pioneering Partners Foundation upon 16 the occasion of honoring the 16 schools in the 17 State of New York that were recipients of its 18 Award since 1992 to be celebrated at a reception 19 in the "Well" of the Legislative Office 20 Building, Albany, New York, on Monday, June 2, 21 1997. 22 The Pioneering Partners 23 Foundation is a nonprofit, nonpartisan 24 philanthropic organization dedicated to 25 achieving systemic education reform by expanding 4460 1 the innovative use of technology in the 2 classroom. 3 Pioneering Partners Foundation 4 meets the goal by supporting outstanding teams 5 of educators who, in partnership with business 6 and government leaders, are leading their 7 students, schools and communities, in realizing 8 path-breaking educational achievements. 9 Over the past five years 10 Pioneering Partners has grown into a broad-based 11 network of more than 500 teachers, administrat 12 ors, community officials and business and 13 government leaders, working together to improve 14 learning, strengthen schools and benefit 15 students. 16 The prestige of the "Pioneering 17 Partners Award" has also enabled broad-based 18 coalitions of educators, community leaders, 19 local and state policy-makers and business 20 executives to ignite systemic change far beyond 21 the teams' school districts and has helped them 22 leverage additional funding awards for their 23 projects. 24 The Cobleskill-Richmondville 25 Central School was one of four New York State 4461 1 school districts to receive the "Pioneering 2 Partners Award" in 1996; the other three school 3 districts included: Barker Central School, 4 Canajoharie Central School, and Berne-Knox 5 Westerlo Central School District. 6 The Pioneering Partners 7 Foundation's mission is to identify, reward, 8 train and provide ongoing support to outstanding 9 teachers who have led their students, fellow 10 teachers, and community in realizing 11 path-breaking educational achievements through 12 the innovative use of technology. 13 Now, therefore, be it resolved, 14 that this Legislative Body pause in its 15 deliberations to commend the Pioneering Partners 16 Foundation upon the occasion of honoring the 16 17 schools in the State of New York that were 18 recipients of its Award since 1992 to be 19 celebrated on June 2, 1997; and be it further 20 Resolved, that a copy of this 21 resolution, suitably engrossed, be transmitted 22 to Pioneering Partners Foundation. 23 SENATOR SEWARD: Mr. President. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Seward. 4462 1 SENATOR SEWARD: Mr. President, 2 just to speak very briefly on the resolution - 3 ACTING PRESIDENT MAZIARZ: 4 Senator Seward, on the resolution. 5 SENATOR SEWARD: -- which says it 6 all very, very well, but I would be remiss if I 7 did not rise to echo the sentiments expressed in 8 the resolution. 9 There is no question, Mr. 10 President, that technology is very, very 11 important to our educational system both in its 12 importance of exposing our students and our 13 schools to technology and all that that has to 14 offer in preparing them for a life and careers 15 after school but also technology is important as 16 a tool for instruction and better instructing 17 and preparing our young people for the future, 18 and that's why organizations such as Pioneering 19 Partners Foundation and all that they do to 20 support educators who are working with community 21 leaders and business leaders and fellow 22 educators help to bring this technology to our 23 schools, to our classrooms and, thus, to our 24 students throughout New York State schools. 25 The program goals of Pioneering 4463 1 Partners is, of course, to recognize and provide 2 grant funding for educators who have 3 successfully applied technology in improving 4 learning. They help to disseminate this 5 information in these very innovative teaching 6 skills and techniques to other educators and 7 other community leaders. They are involved with 8 coalition building to bring together educators, 9 parents, community officials and business and 10 governmental leaders and, of course, very 11 importantly, working with professional 12 development. 13 We, in New York, have been 14 blessed over the years in having a number of our 15 school systems be recognized and awarded grants 16 and other recognition by Pioneering Partners. 17 Just last year, one of my leading school 18 districts in my Senate district, the 19 Cobleskill-Richmondville School District, was so 20 recognized, as well as, last year, the Barker 21 Central School, the Canajoharie Central School, 22 and the Berne-Knox-Westerlo Central School 23 District, as well; and over the past years, 24 other school districts across the state: the 25 Waterloo High School, the Gloversville City 4464 1 School, Shelter Island, PS 279 in Brooklyn, 2 North Colonie, the Berkshire, the Patchogue 3 Medford School System, the West Hill School in 4 Syracuse, the Pine Bush, New York City Community 5 School District Number 18 also in Brooklyn, the 6 East Ramapo School District in Spring Valley as 7 well as the North Syracuse Central School 8 District. 9 Mr. President, I would just 10 remind the members that from 5:00 to 6:30 p.m. 11 today that there will be a reception over in the 12 "Well" of the Legislative Office Building so 13 that all of the members will have an opportunity 14 to greet and congratulate the educators and 15 other representatives of these outstanding 16 school districts who are doing so much to bring 17 technology to our schools and to use that 18 technology to further education in this state. 19 So, Mr. President, I would hope 20 that we would unanimously pass this resolution 21 and congratulate all of the award winners, many 22 of whom are gathered here in the gallery today. 23 ACTING PRESIDENT MAZIARZ: Thank 24 you, Senator. 25 The question is on the 4465 1 resolution. 2 All those in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 The resolution is adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, I 10 believe there is a privileged Resolution Number 11 1584, by Senator Trunzo. May we please have it 12 read in its entirety and move for its immediate 13 adoption. 14 ACTING PRESIDENT MAZIARZ: 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Trunzo, Legislative Resolution memorializing The 18 Honorable George E. Pataki, Governor of the 19 state of New York, to proclaim the week of June 20 the 2nd through the 6th, 1997, as New York City 21 Firefighters' Week in the State of New York. 22 WHEREAS, this is a week to 23 commend the contributions to New York State that 24 the New York City Firefighters provide us by 25 responding to our needs with extreme bravery at 4466 1 moments in our life when we are faced with 2 injury or possible death. 3 In commemorating June 2-6, 1997, 4 as New York City Firefighters' Week in the State 5 of New York, this Assembled Body honors those 6 who put their lives on the line in the 7 performance of their service to the community, 8 recognizing also that the daily performance of 9 such service by the New York City Firefighters 10 enables us to live and work with the security 11 that, if endangered, they will be there to 12 protect us. 13 These brave individuals often 14 have a thankless job and people often do not 15 recognize that such individuals risk their lives 16 every day that they go to work; these 17 individuals who choose such work should be 18 commended and recognized for their efforts. 19 While we show our appreciation 20 for New York City Firefighters, we should also 21 take a moment to remember those firefighters who 22 have lost their lives in service to their 23 communities and to remember their families and 24 their sacrifice. 25 Now, therefore, be it resolved, 4467 1 that this Legislative Body pause in its 2 deliberations to memorialize The Honorable 3 George E. Pataki to proclaim the week of June 4 2-6, 1997, as New York City Firefighters' Week 5 in New York State; and be it further 6 Resolved, that copies of this 7 Resolution, suitably engrossed, be transmitted 8 to The Honorable George E. Pataki, Governor of 9 the State of New York, and to the Uniform 10 Firefighters Association of New York City. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Trunzo. 13 SENATOR TRUNZO: Mr. President, 14 it really is a pleasure for me to get up to 15 sponsor this resolution on behalf of the New 16 York City Firefighters. They are a group, as 17 pointed out in the contents of this resolution, 18 that really risk their lives on a daily, daily 19 basis, and many people do not realize the hard 20 work and the risk that is associated with the 21 job that these firefighters do. 22 As you can recall, about three 23 weeks ago, we passed a resolution honoring the 24 professional firefighters of the State of New 25 York which, naturally, the New York City 4468 1 firefighters are included as part of that group; 2 however, it is important that they today be 3 recognized for the work that they do within the 4 City of New York as firefighters and the risks 5 that they take and the dedication that they do 6 for their job and for those many who have lost 7 their lives in relation to the work that they 8 do. 9 In regards to this resolution, 10 even though I have sponsored it and it was done 11 fairly quickly, I would like to open -- if it's 12 all right with the leadership, to open the 13 sponsorship of this resolution to all members of 14 the Senate. I think it's important that we all 15 recognize the Firefighters of the city of New 16 York. There are many of them up in the gallery 17 right now. 18 Again, I appreciate and we all 19 appreciate the work that you do on a daily 20 basis, and we wish you well. 21 Thank you. 22 ACTING PRESIDENT MAZIARZ: On the 23 question of opening it up to co-sponsors, is 24 that without objection, Senator Skelos? 25 SENATOR SKELOS: Yes, Mr. 4469 1 President. All members will be placed on the 2 resolution. If anybody wishes not to be 3 included, then they should notify the desk. 4 ACTING PRESIDENT MAZIARZ: So 5 ordered. 6 The question is on the 7 resolution. 8 All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed. 12 (There was no response.) 13 The resolution is adopted. 14 On behalf of Senator Bruno and 15 all my colleagues in the New York State Senate, 16 we want to congratulate both groups that are 17 here with us in the gallery this afternoon, the 18 educators who are winners of the Pioneering 19 Partners Award and certainly the Firefighters 20 from the city of New York. You all do a very 21 great job. 22 Senator Bruno and all of my 23 colleagues in the New York State Senate 24 congratulate you. Thank you for being here. 25 (Applause.) 4470 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 there will be an immediate meeting of the Rules 4 Committee in the Majority Conference Room. 5 And if we could take up the 6 noncontroversial calendar. 7 ACTING PRESIDENT MAZIARZ: There 8 will be an immediate meeting of the Rules 9 Committee in Room 332. 10 Secretary will read the 11 noncontroversial calendar. 12 THE SECRETARY: Calendar Number 13 334, by Member of the Assembly Vitaliano, 14 Assembly Print 1484, an act to amend the Civil 15 Service Law, in relation to provisional 16 appointments made by the city school district. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 60th day. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 50. 25 ACTING PRESIDENT MAZIARZ: The 4471 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 696, by Member of the Assembly Connelly, 4 Assembly Print 3383, an act to amend Chapter 560 5 of the Laws of 1994. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 713, by Senator Maltese, Senate Print 3147, an 18 act authorizing the city of New York to reconvey 19 its interest in certain real property. 20 ACTING PRESIDENT MAZIARZ: There 21 is a home rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MAZIARZ: Call 4472 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 50. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 714, by Senator Velella, Senate Print 4446A, an 8 act authorizing the assessor of the city of New 9 Rochelle to accept an application. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 50. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 727, by Senator Tully, Senate Print 138, an act 22 to amend the Vehicle and Traffic Law, in 23 relation to mandatory revocation of licenses. 24 ACTING PRESIDENT MAZIARZ: Read 25 the last section. 4473 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 757, by member of the Assembly Pheffer, Assembly 11 Print 5229, an act to amend the General 12 Obligations Law, in relation to interest on 13 security deposits. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first day of 18 January. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 4474 1 758, by Senator Maziarz, Senate Print 4982, an 2 act to amend the Real Property Law, in relation 3 to eliminating the requirement that 4 advertisements for the sale or lease of 5 subdivided lands be filed with Department of 6 State fees paid therefor. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 50. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 770, by Senator Hannon, Senate Print 4361, an 19 act to amend the Public Health Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MAZIARZ: 25 Calendar Number 791 is laid aside -- Oh, I'm 4475 1 sorry. 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 50. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 791, by Senator Stafford, Senate Print 5188, an 9 act to amend the Executive Law, in relation to 10 towns and villages. 11 ACTING PRESIDENT MAZIARZ: 12 Calendar Number 791 is laid aside for the day at 13 the request of the sponsor. 14 THE SECRETARY: Calendar Number 15 795, by Senator LaValle, Senate Print 3911A, an 16 act to establish a library district in the 17 Shoreham-Wading River Central School District. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 9. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 50. 4476 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 797, by Member of the Assembly Galef, Assembly 5 Print 6890, an act to amend the Education Law, 6 in relation to the board of education in the 7 city of Peekskill. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 816, by Senator LaValle, Senate Print 3062, an 20 act to amend Chapter 246 of the Laws of 1916, 21 relating to the extermination of mosquitos. 22 ACTING PRESIDENT MAZIARZ: There 23 is a home rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This 4477 1 act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 817, by Senator Kuhl, Senate Print 3159, making 10 certain findings and determinations with respect 11 to certain bond anticipation notes. 12 ACTING PRESIDENT MAZIARZ: There 13 is a home rule message at the desk for Calendar 14 Number 817. 15 Read the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 50. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 821, by Senator Alesi, Senate Print 3569, an act 4478 1 to amend the Real Property Tax Law, in relation 2 to permitting tax levying bodies to determine 3 the maximum amount. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 50. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 829, by Senator Rath, Senate Print 4357, an act 16 to amend the Real Property Tax Law and the 17 Agriculture and Markets Law. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 11. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 50. 4479 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 862, by Senator Volker, Senate Print 4478, an 5 act to amend the Criminal Procedure Law, in 6 relation to permitting certain electronically 7 transmitted statements. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 886, by Senator Goodman, Senate Print 3651, an 20 act to amend the Alcoholic Beverage Control Law, 21 in relation to permitting the State Liquor 22 Authority to apply as payment for penalties. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. This 4480 1 act shall take effect on the 60th day. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 897, by Senator Stafford, Senate Print 4249, an 10 act to amend the Tax Law, in relation to the 11 distribution of the additional mortgage 12 recording tax in Franklin County. 13 ACTING PRESIDENT MAZIARZ: There 14 is a local fiscal impact statement at the desk 15 for Calendar Number 879. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect in 30 days. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 4481 1 901, by Senator Cook, Senate Print 4568, an act 2 to amend the Arts and Cultural Affairs Law, in 3 relation to designating New York State History 4 Month. 5 ACTING PRESIDENT MAZIARZ: 6 Calendar Number 901 is temporarily laid aside 7 awaiting substitution. 8 THE SECRETARY: Calendar Number 9 910, by Senator Marchi, Senate Print 4015A, an 10 act to amend the Navigation Law, in relation to 11 establishment of a rotation system for state 12 licensed marine pilots. 13 ACTING PRESIDENT MAZIARZ: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 50. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 931, by Senator Marcellino, Senate Print 5079A, 25 an act to amend the Navigation Law, in relation 4482 1 to requiring payors of major petroleum license 2 fees. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MAZIARZ: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 932, by Senator Holland, Senate Print 236, an 15 act to amend the Social Services Law, in 16 relation to access to the Statewide Register of 17 Child Abuse and Maltreatment. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 50. 4483 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 933, by Senator Skelos, Senate Print 557A, an 5 act to amend the Social Services Law and the 6 Family Court Act. 7 SENATOR PATERSON: Lay it aside. 8 ACTING PRESIDENT MAZIARZ: At the 9 request of the Deputy Minority Leader, we're 10 going to lay aside Calendar Number 933. 11 THE SECRETARY: Calendar Number 12 940, by Senator Saland, Senate Print 4519A, an 13 act to amend the Domestic Relations Law, the 14 Social Services Law and the Family Court Act. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 47. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49, nays 1; 23 Senator Meier recorded in the negative. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. 4484 1 THE SECRETARY: Calendar Number 2 942, by Senator Saland, Senate Print 5135, an 3 act to amend the Executive Law, in relation to 4 certain records. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 50. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 943, by Senator Saland, Senate Print 5136, an 17 act to amend the Executive Law, in relation to 18 services to runaway and homeless youth. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 120th day. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.) 4485 1 THE SECRETARY: Ayes 50. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 953, by Senator Saland, Senate Print 5228, an 6 act to amend the Social Services Law, in 7 relation to allowing regional state park police 8 access. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 SENATOR MONTGOMERY: Lay it 14 aside. 15 ACTING PRESIDENT MAZIARZ: That 16 is Calendar Number 953, which will be laid aside 17 at the request of Senator Montgomery. 18 THE SECRETARY: Calendar Number 19 964, by Senator Marchi, Senate Print 713, an act 20 to amend the Public Authorities Law, in relation 21 to directing the Triborough Bridge and Tunnel 22 Authority to establish a system of one 23 directional toll. 24 SENATOR PATERSON: Lay it aside. 25 ACTING PRESIDENT MAZIARZ: 4486 1 Calendar Number 964 will be laid aside at the 2 request of the Deputy Minority Leader. 3 THE SECRETARY: Calendar Number 4 968, by Senator Levy, Senate Print 919, an act 5 to amend the Public Authorities Law, in relation 6 to requiring the Metropolitan Transportation 7 Authority to issue. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 982, by Senator Saland, Senate Print 2703A, an 20 act to amend the Vehicle and Traffic Law, in 21 relation to authorizing the permit parking 22 system in the city of Beacon. 23 ACTING PRESIDENT MAZIARZ: There 24 is a home rule message at the desk for Calendar 25 Number 982. 4487 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 50. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 984, by Senator Leibell, Senate Print 3551, an 12 act to amend the Vehicle and Traffic Law, in 13 relation to membership of traffic and safety 14 board. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Paterson. 17 SENATOR PATERSON: Mr. President, 18 the issue has been resolved. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.) 4488 1 THE SECRETARY: Ayes 50. 2 SENATOR PATERSON: Lay aside the 3 bill. 4 ACTING PRESIDENT MAZIARZ: 5 Withdraw the roll call. Lay the bill aside, 6 Calendar Number 984, at the request of the 7 Deputy Minority Leader. 8 THE SECRETARY: Calendar Number 9 990, by Senator Levy, Senate Print 4179, an act 10 to amend the Highway Law, in relation to 11 transportation facility emergency work. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 50. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1057, by Member of the Assembly Tocci, Assembly 24 Bill 4552, an act to amend the Education Law, in 25 relation to the eligibility of Vietnam and 4489 1 Persian Gulf veterans. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MAZIARZ: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 50. 10 ACTING PRESIDENT MAZIARZ: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1069, by the Assembly Committee on Rules, 14 Assembly Print 8067, an act to enact the Private 15 Activity Bond Act of 1997. 16 SENATOR LEICHTER: Lay it aside. 17 ACTING PRESIDENT MAZIARZ: Lay 18 aside Calendar Number 1069 at the request of the 19 Senator Leichter. 20 Senator Skelos, that completes 21 the reading of the noncontroversial calendar. 22 SENATOR SKELOS: Mr. President, 23 there will be an immediate meeting of the Crime, 24 Crime Victims Committee in the Majority 25 Conference Room. 4490 1 ACTING PRESIDENT MAZIARZ: There 2 will be an immediate meeting of the Crime 3 Victims, Crime and Corrections Committee in the 4 Majority Conference Room. 5 Senator Skelos. 6 SENATOR SKELOS: We can take up 7 the controversial calendar. 8 ACTING PRESIDENT MAZIARZ: 9 Secretary will read the controversial calendar. 10 THE SECRETARY: In relation to 11 Calendar 901, Senator Cook moves to discharge 12 from the Committee on Rules Assembly Bill Number 13 7066 and substitute it for the identical Senate 14 Third Reading 901. 15 ACTING PRESIDENT MAZIARZ: 16 Substitution ordered. 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 901, by Member of the Assembly McEneny, Assembly 20 Print 7066, an act to amend the Arts and 21 Cultural Affairs Law, in relation to designating 22 New York State History Month. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. This 4491 1 act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 933, by Senator Skelos, Senate Print 557A, an 10 act to amend the Social Services Law and the 11 Family Court Act, in relation to proof of a 12 neglected or abused child. 13 SENATOR MONTGOMERY: Explanation. 14 ACTING PRESIDENT MAZIARZ: 15 Read -- I'm sorry. 16 Senator Skelos, Senator 17 Montgomery has requested an explanation of 18 Calendar Number 933. 19 SENATOR SKELOS: Mr. President, 20 this bill, which was extensively debated last 21 year and passed with two dissenting votes, would 22 basically reverse a Court of Appeals decision in 23 1995 which rendered a positive toxicology test 24 of a newborn no longer sufficient to support an 25 indicated report without more evidence of abuse 4492 1 and neglect. In essence, the child must now be 2 released back to the parents for further abuse 3 and neglect before Social Services can then 4 intervene. 5 This legislation seeks to change 6 what I believe is flawed case law so that 7 newborn infants born with an illegal substance 8 in their system will be included within the 9 definition of a neglected child, thereby deeming 10 a positive toxicology and other drug-related 11 symptoms to be prima facie proof of neglect. It 12 also raises a rebuttable presumption that the 13 release of such a child to the parent presents 14 an imminent danger to the child's life or 15 health. 16 This bill will provide that when 17 a mother uses a controlled substance during her 18 pregnancy without a prescription causing her 19 child to be born with positive toxicity for such 20 drugs that this is proof of neglect in and of 21 itself. In turn, this would allow the state to 22 take appropriate and necessary protective 23 measures for the safety of a child. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Montgomery. 4493 1 SENATOR MONTGOMERY: Yes, Mr. 2 President. If Senator Skelos would yield for 3 just a couple of questions? 4 ACTING PRESIDENT MAZIARZ: 5 Senator Skelos, would you yield for a question 6 from Senator Montgomery? 7 SENATOR SKELOS: Yes. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes. 11 Senator, I voted no last year, and I'm just 12 wondering if the bill has changed any to reflect 13 the same status for the mother as we do for the 14 child; in other words, the child is immediately 15 going to be deemed to be eligible for protection 16 by the state or the city. 17 SENATOR SKELOS: The child will 18 be deemed eligible for protection - 19 SENATOR MONTGOMERY: For 20 protection. 21 SENATOR SKELOS: -- by Social 22 Services, yes. 23 SENATOR MONTGOMERY: What happens 24 then to the mother in that instance? 25 SENATOR SKELOS: Family Services, 4494 1 whatever the normal process is. This bill is 2 really concerned with protecting the child. 3 SENATOR MONTGOMERY: So that in 4 the event the child is born with these 5 indications, the mother is automatically going 6 to be placed in some sort of a drug treatment, 7 or is there some special - 8 SENATOR SKELOS: What happens is 9 Social Services tries to get the mother help and 10 counseling to help extricate herself from this 11 unfortunate situation. But, again, this 12 legislation really deals with what do we do with 13 this child, this newborn child? 14 SENATOR MONTGOMERY: All right. 15 Mr. President, just one -- one last question. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Skelos, would you yield to one more 18 question from Senator Montgomery? 19 SENATOR SKELOS: Yes, Mr. 20 President. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Montgomery. 23 SENATOR MONTGOMERY: Senator 24 Skelos, in the event that there is a false 25 positive result -- I'm assuming that there are 4495 1 other indicators that you use, but what if there 2 is a false positive test, is there any provision 3 for that? 4 SENATOR SKELOS: There is a 5 rebuttable presumption that that child should 6 not belong with the mother, so that could be 7 rebutted if there is a false positive. Just 8 like if the controlled substance within that 9 child has been prescribed to the mother, if it's 10 been a legal prescription to the mother. 11 SENATOR MONTGOMERY: Is there any 12 way that a parent who is already in a drug 13 treatment is handled differently, if there is a 14 person who is already in a treatment program? 15 SENATOR SKELOS: Senator 16 Montgomery, it is my understanding that for 17 there to be a positive toxicity report with a 18 child that the mother literally had to be taking 19 the drugs on the way to the hospital to give 20 birth. So that the mother may be in counseling 21 but at that point is still taking a drug, 22 especially "crack" cocaine, which is generally 23 what we're dealing with in these instances. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Montgomery. 4496 1 SENATOR MONTGOMERY: All right. 2 And what happens when the child is taken from 3 the mother? 4 ACTING PRESIDENT MAZIARZ: 5 Senator Skelos, do you continue to yield? 6 SENATOR SKELOS: Yes, Mr. 7 President. 8 SENATOR MONTGOMERY: When a 9 decision is made to take the child? 10 SENATOR SKELOS: Protective 11 Services would come in and do their 12 investigation as they do with any other 13 incidents of neglect or abuse of a child. All 14 this does is change the definition of the law to 15 say that a positive toxicology report is in and 16 of itself a prima facie case of neglect. 17 SENATOR MONTGOMERY: All right. 18 Thank you, Senator Skelos. 19 Just briefly, Mr. President, on 20 the bill. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Montgomery, on the bill. 23 SENATOR MONTGOMERY: Yes. As I 24 indicated, I did vote no on this legislation 25 last session, and my main concern at that time 4497 1 was, and it continues to be, that while I 2 certainly have no problem identifying babies 3 born with a positive toxicology with indicating 4 that the parent is currently using illegal 5 drugs, it is not an effective approach to always 6 in every instance isolate the child from the 7 parent, and, certainly, if we're not in a 8 position or if there is no indication that that 9 parent is also going to be deemed to be eligible 10 immediately for Protective Services and 11 treatment services for drugs. 12 So I have a real concern about 13 that, and I think that the intent of this 14 legislation is good. It's needed, but we must, 15 I believe, protect also the interest of the 16 parent because we do not want to have a 17 situation where we have all of these babies that 18 the state will be required to take care of 19 absent of their parents and, if the parents are 20 not given some immediate attention and 21 treatment, they are not likely to recover at any 22 point so that they can take the babies back. 23 So it's going to be very costly 24 for us in the state if we take this approach 25 where we isolate the babies from the mother. 4498 1 Thank you. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you, Senator Montgomery. 4 Senator Skelos. Senator Waldon. 5 SENATOR WALDON: I'm really very 6 pleased that you would mistake me for Senator 7 Skelos. All of a sudden, I feel more powerful. 8 Would the Senator yield to a 9 question or two? 10 ACTING PRESIDENT MAZIARZ: 11 Senator Skelos, would you yield to a question 12 from Senator Waldon? 13 SENATOR SKELOS: Yes, I do. 14 SENATOR WALDON: Thank you, Mr. 15 President. Thank you, Senator Skelos. 16 This is just to get some 17 information for myself because I really don't 18 understand. 19 ACTING PRESIDENT MAZIARZ: Excuse 20 me, Senator Waldon. 21 (The Acting President gaveled for 22 order.) 23 Senator Waldon. 24 SENATOR WALDON: Thank you very 25 much, Mr. President. 4499 1 Senator Skelos, I just need some 2 information so that I can better understand the 3 toxicity factor in this particular proposal. 4 In my previous life, I knew that 5 if people used heroin that it remained in their 6 system for a certain number of days before they 7 became clean. If they smoked cannabis, it 8 remained in their system for a certain number of 9 days -- in fact, longer than the other drugs - 10 and if you took a dole test, it would test for 11 them positive. Cocaine, the same thing. 12 I heard you say earlier that for 13 the baby to test positive that the mother had to 14 almost be taking the drug as she went to the 15 hospital to deliver. Is that true for all of 16 the possible drugs, meaning marijuana, cocaine, 17 heroine, Quaalude and all the other things? 18 SENATOR SKELOS: Well, it is 19 nothing set in stone but the half life of these 20 drugs apparently do -- and I don't pretend to be 21 an expert in this area, Senator Waldon -- do 22 diminish within the system fairly rapidly, so 23 that if I say, "on the way to the hospital in a 24 taxicab taking 'crack' cocaine," it may not 25 happen at that point. But, literally, within a 4500 1 day or so of that child being born, that mother 2 has taken some sort of a controlled substance. 3 My feeling, whether it's in the taxi, a day, or 4 a week before, is sufficient to amend the law as 5 we are doing. 6 SENATOR WALDON: Mr. President. 7 If I may continue? 8 ACTING PRESIDENT MAZIARZ: 9 Senator Skelos, will you continue to yield to 10 Senator Waldon? 11 SENATOR SKELOS: Yes. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Waldon. 14 SENATOR WALDON: Senator, this is 15 not a -- this is not in any way looking to trap 16 you or anything. I'm really trying to 17 understand. The transference from the mother's 18 system, her blood and breathing system into the 19 cord and into the child, that's what I'm really 20 trying to get a -- you know, an understanding 21 of. I'm going to support what you are doing. I 22 just want to - 23 SENATOR SKELOS: Again, it's my 24 understanding that the drug will be held a 25 little bit longer in the placenta, but, again, I 4501 1 don't pretend to be an expert in terms of the 2 transfer of these drugs to the child or how long 3 it takes. What I do believe is that if a child 4 is born with a positive toxicology report - 5 that means that drug, controlled substance, is 6 illegally within that child -- that that should 7 be sufficient for Protective Services to come in 8 and protect that child. 9 SENATOR WALDON: On the bill, Mr. 10 President. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Waldon, on the bill. 13 SENATOR WALDON: I thank you, 14 Senator Skelos, for your explanation. I, too, 15 agree that if the mother is using drugs at any 16 time during the pregnancy in the nature of the 17 drugs that we're talking about, it is a serious 18 problem. 19 What I'm trying to understand was 20 whether or not someone ingesting heroin or 21 cocaine, what happened in the body in terms of 22 the level of toxicity for the fetus, and just 23 out of curiosity to help me with my thought 24 process, I wanted to know that. 25 But I think what you are doing is 4502 1 commendable. I think that we should support 2 it. But I agree with Senator Montgomery that it 3 is foolhardy for us to create these proposals 4 and pass them into law unless we're going to do 5 something to preclude the need of the mother to 6 utilize drugs in the first place. That just 7 doesn't happen happenstance, to be a bit 8 redundant. 9 People get into these situations 10 because they are, for the most part, without 11 hope elsewhere. I hope in futuro, in the 12 future, we would begin to look at therapies and 13 modalities which will help those who are 14 troubled enough to resort to drugs as an escape 15 because they just can't bear facing life any 16 more in its most realistic proportions. 17 I thank you, Mr. President. I 18 thank you, Senator Skelos. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.) 4503 1 THE SECRETARY: Ayes 49, nays 1, 2 Senator Montgomery recorded in the negative. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 953, by Senator Saland, Senate Print 5228, an 7 act to amend the Social Services Law, in 8 relation to allowing regional state park police 9 access. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Saland, an explanation of Calendar 12 Number 953 has been requested by the Deputy 13 Minority Leader, Senator Paterson. 14 SENATOR SALAND: Thank you, Mr. 15 President. 16 Mr. President, this is a bill 17 which has been introduced at the request of the 18 Office of Parks and Recreation. 19 The purpose of the bill is to add 20 to the list of law enforcement personnel that 21 have access to the Central Registry of Child 22 Abuse and Neglect, or I believe it is more 23 appropriately technically called "maltreatment 24 and abuse," by permitting regional state park 25 police to have access to that information. 4504 1 The state park police very often 2 are involved in investigating incidents 3 involving children which have occurred within 4 park premises, and it would certainly seem 5 appropriate that they should have access to this 6 information for purposes of their 7 investigations. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 964, by Senator Marchi, Senate Print 713, an act 20 to amend the Public Authorities Law, in relation 21 to directing the Triborough Bridge and Tunnel 22 Authority to establish a system of one 23 directional toll. 24 SENATOR LEICHTER: Explanation. 25 ACTING PRESIDENT MAZIARZ: 4505 1 Senator Marchi, an explanation had been 2 requested by the Deputy Minority Leader, Senator 3 Paterson, of Calendar Number 964. 4 SENATOR MARCHI: Yes, Mr. 5 President. We've had this bill before, and I'm 6 familiar with the arguments that are raised on 7 the other side that it does create a problem. I 8 assume that, and I acknowledge that up front. 9 It does create a problem no matter where you put 10 it, but it's sudden death for the people of 11 Richmond County, many of whom use the private 12 motor vehicle, and they have access to a speed 13 or a faster moving route just to the left lane 14 that is reserved to E-Z-Pass owners, some of 15 them, and if they have multiple passengers, but 16 there's just too many people that for various 17 reasons have to go in by automobile. 18 Going back is not that much of a 19 problem because they -- coming back into Staten 20 Island and going south from there is not that 21 much of a problem because time is not of the 22 essence with respect to their livelihoods or 23 living styles, but it does create a -- it 24 creates a tremendous problem going into the City 25 in the morning -- "the City," as if we had 4506 1 already seceded but we haven't, as yet -- the 2 City. Of course, half the employment of Staten 3 Island does go to Manhattan, and it was a 4 nightmare whenever the circumstances were 5 reversed, and so far we've been able to keep it 6 at bay with this type of legislation. 7 There is a federal limit at this 8 time, really, which backs up the present 9 pattern, but that could change, and that came 10 into play and we're happy to have it in place. 11 Going in, as I say, you may have 12 a 100 -- say take a unit of 100 cars on Staten 13 Island. They are going in that direction, and 14 they're all there. They're all there. There 15 are literally thousands of cars, and people also 16 coming from Jersey and points south going into 17 New York City for business reasons or 18 employment, and I'm not quite sure just how my 19 friend over here is affected, but I know that 20 his predecessors voted for this bill. 21 It's just the lesser of 22 problems. So motorists from Staten Island going 23 into the City have the maximum advantage if they 24 are not in the foils of the tollbooths. There 25 is no advantage. You come back the same way 4507 1 that you went over. You can take a circuitous 2 route to get home, but people who use it 3 generally come back on the same route. Then the 4 traffic moves into New York City, where the 5 major portion of the employment takes place. 6 Coming back, people come back at 7 different hours. They may come back at 5:00 8 o'clock or 4:30 or 5:30, at the rush hour or 9 they may come in later. There is no even flow 10 on the return trip. Not having a mass arrival 11 of cars does not create a problem because they 12 may get home a little late to eat, but at least 13 they are earning a livelihood. 14 Not having this, you put a gun at 15 the head of many, many tens of thousands of 16 Staten Islanders, at their head in terms of 17 their employment or in terms of their 18 livelihood, so that's why it's so important. 19 Otherwise - 20 I anticipate the arguments that 21 come on the other side. There is a problem on 22 the other side. 23 But it's gargantuan and, as I 24 say, would deliver Staten Island as a mortal 25 blow in terms of employment and getting on with 4508 1 the business of life. 2 So it's the lesser of evils if a 3 means of transit is available and you are using 4 it. We also have 20,000 casualties a year 5 throughout the country, yet we don't abandon the 6 motor vehicle. It's a lesser of evils. I 7 acknowledge the arguments that will be coming 8 from the other side ab initio, and so that I 9 would hope that they consider, in deference, 10 even though we are numerically smaller than the 11 rest of the tract, which is aggravated by 12 increased flows of traffic but not to the point 13 that people are jeopardized in terms of living. 14 So I would hope that those of you 15 who can or may or are so disposed to vote, vote 16 for this bill. 17 I'll be willing to answer any 18 questions that you may have. 19 ACTING PRESIDENT MAZIARZ: Thank 20 you, Senator Marchi. 21 Senator Leichter. 22 SENATOR LEICHTER: Mr. President, 23 if Senator Marchi would yield? 24 ACTING PRESIDENT MAZIARZ: 25 Senator Marchi, will you yield to a question 4509 1 from Senator Leichter? 2 Senator Leichter. 3 SENATOR LEICHTER: Senator, as 4 always, you're very stalwart in your advocacy 5 for your constituents, and I can understand 6 that. Many other areas where there are bridges 7 that have tolls that at various times traffic 8 backs up, there are delays. That happens on a 9 number of bridges throughout New York, and yet 10 we don't go and change the tolls. But as you 11 talk about the effect that having two-way tolls 12 has on Staten Island, Senator, are you aware of 13 the effect that one-way tolls had on lower 14 Manhattan at a time when one-way tolls were in 15 effect under federal legislation? 16 SENATOR MARCHI: I'm not able to 17 -- of course, you are in Manhattan so the 18 question of the cost of living to your residents 19 is minuscule, really. It is determined by the 20 market conditions or employment conditions. 21 We're not -- we're not 22 complaining about the problem. We're not 23 advancing as a major premise our problem with 24 the smog that's created by the onrush of people 25 from Jersey and south going into the City. We 4510 1 are very much concerned about making it more 2 difficult -- making it more difficult and time 3 consuming so that you are never quite ready, and 4 then if you have a fender-bender somewhere on 5 that bridge that holds it up even for hours - 6 or icing conditions. 7 Going and getting to the job is a 8 very -- it's not hazardous. Let's not get 9 carried away, but it is a problem and a matter 10 of genuine concern. As against that, you pitch 11 the inconvenience that we all suffer by reason 12 of some of those conditions, and I acknowledge 13 them. 14 But I'm telling you, with us it's 15 a question of bread and butter. It's a question 16 of being able to take a responsible job and 17 perform and attend. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Leichter. 20 SENATOR LEICHTER: If Senator 21 Marchi would be good enough to continue to 22 yield. Senator, if it makes so much sense to 23 have one-way tolls on the Verrazano Bridge, why 24 not the Triborough, why not other bridges? I 25 mean people who travel out to Long Island, you 4511 1 can make the same argument that there are 2 delays, that it interferes with the economics, 3 the smog. Are you trying to get a special 4 advantage for people of Staten Island that 5 nobody else has? 6 SENATOR MARCHI: I'm glad you 7 asked the question, because then I can answer 8 it. You can go from Montauk Point to California 9 without paying a fare, Mr. President -- without 10 paying a fare. I don't think there is a member 11 in this house except my colleague, Senator 12 Gentile, and myself -- well, most of his people 13 can get over, but he does have a good number of 14 people down on Staten Island, also. We are the 15 only ones in the entire country that have to pay 16 to get off. You can't even walk across any 17 more, even if you wanted to do it for exercise. 18 We have to pay. 19 We have to pay, period. There is 20 no other way that you can possibly get off 21 Staten Island without paying. But, as I say, 22 you can go from Montauk Point all the way out to 23 California without paying a nickel. 24 It's a problem I share with 25 Senator Gentile, he to a lesser extent. He has 4512 1 two-thirds of his people on the Kings side, on 2 the Brooklyn side, but the other two-thirds of 3 his population are split up. I have a good part 4 of it, but he also has a significant part. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Leichter. 7 SENATOR LEICHTER: If Senator 8 Marchi would continue to yield? 9 ACTING PRESIDENT MAZIARZ: 10 Senator Marchi, will you continue to yield for a 11 question from Senator Leichter? 12 SENATOR MARCHI: Yes. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Leichter. 15 SENATOR LEICHTER: I was 16 interested in your answer, Senator, and I 17 thought that the Goethals Bridge didn't have 18 tolls. But then checking with the people around 19 me, none of them had ever been in Staten Island, 20 except Senator Gentile right away jumped to your 21 defense, Senator Marchi, and said, indeed, as 22 always, you were correct. 23 But, Senator, I'm probably 24 being -- you know, we've debated this for many 25 years, and I don't think the arguments have 4513 1 changed, but what prompted me to stand up today 2 is the article by, I believe, Elizabeth Colbert 3 in the New York Times. Did you read it? 4 SENATOR MARCHI: I always read 5 her articles. 6 SENATOR LEICHTER: Well, I 7 commend -- I commend this one to you. It's very 8 appropriate. The thrust of her article was that 9 there is a special mind-set in Staten Island 10 that we can't do enough for the people in Staten 11 Island. We give them free transportation. The 12 mayor says you can ride the ferry without 13 paying. You want your tolls one-way, where 14 nobody else has one-way tolls. You don't care 15 what the effect is on Manhattan of your one-way 16 tolls even though you create an impossible 17 traffic situation and a very unhealthy air 18 situation in Manhattan. 19 And with all of that, the thrust 20 of the article was, you people in Staten Island 21 are not happy. You are not satisfied. You 22 don't think we're doing enough for you. 23 So my question to you is, 24 Senator, aside from voting for this bill, which 25 unfortunately I can't do, is there anything else 4514 1 we can do for the people of Staten Island to 2 make them happy? 3 Set them free. 4 SENATOR MARCHI: I have a 5 secession bill. Even with the secession bill, 6 though, Mr. President - 7 ACTING PRESIDENT MAZIARZ: 8 Senator Marchi. 9 SENATOR MARCHI: -- and I'm sure 10 Senator Gentile would verify that -- never once 11 in the 41 years that I have been in the Senate 12 have I ever said anything but good about the 13 city of New York. I have not joined the 14 propensity of many to do this. 15 There are some things they just 16 can't do for us and sometimes they have 17 imperious reasons for responding to them rather 18 than to us. So I lay no castigation on present 19 or past mayors or individuals who, incidentally, 20 you know, have been considerate in other ways 21 where they couldn't be run in our direction. 22 So you won't find a quote from 23 John Marchi in this office that I was ever 24 censorious of New York City except in the '70s, 25 and there I -- you know, I cooperated. You were 4515 1 here at the time. I cooperated tremendously on 2 the economic resolution of our problems, and 3 ever since then, they have found me -- and I 4 even put it in the preamble to this Constitution 5 that it's to be founded -- to be posited on a 6 harmonious relationship, and we ought to do 7 everything. It should be true of all the 8 communities that live in the outer areas. 9 But I'm sure that -- but I've - 10 you know, that kind of political excuse -- he 11 has a -- you want to go back and look at it. 12 You could put me to shame, but I have never done 13 that and I never will because it is not right, 14 but this case does present a special problem. 15 SENATOR LEICHTER: Mr. President. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Leichter. 18 SENATOR MARCHI: And if helps you 19 to vote against it, vote against it. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Leichter. 22 SENATOR LEICHTER: Mr. President, 23 I have the highest regard for Staten Island. I 24 love the people of Staten Island because they 25 send us such a wonderful representative in 4516 1 Senator Marchi and Senator Gentile. 2 ACTING PRESIDENT MAZIARZ: They 3 sent us Senator Marchi many more times than 4 they've sent us Senator Gentile. 5 SENATOR LEICHTER: Well, he'll be 6 here 30, 40 years from now if he wants to be. 7 But, in all seriousness, Senator, 8 we -- and I want to say I think so highly of the 9 people of Staten Island and Staten Island, I 10 forever want it to be part of New York City 11 because it's one of the boroughs, one of the 12 wonderful five boroughs that we have. 13 But I think this measure while 14 clearly a benefit to the people of Staten Island 15 really creates enormous difficulties in 16 Manhattan, may create some difficulties in 17 Brooklyn, too. I understand Senator Montgomery 18 is going to address the bill from the viewpoint 19 of her constituency. I don't mean to speak for 20 her. 21 But it just seems to me, Senator, 22 that if it would make sense for Staten Island - 23 I really don't think it does, when you take a 24 look at the -- overall look at the needs of the 25 people of the city of New York, then you ought 4517 1 to have it on the Triborough, and so on. How 2 about the people on Long Island? Frankly, it's 3 hard for me to understand how anybody from Long 4 Island could vote for this bill when I don't see 5 a similar bill coming up for the bridges that 6 lead to -- that lead to Long Island or Queens or 7 other parts of the City. 8 SENATOR MARCHI: Just one 9 question. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Marchi. 12 SENATOR MARCHI: Just one 13 question. They all have alternatives. They can 14 go onto one of the free bridges. It's a little 15 more circuitous. We have none. We would have 16 to go underground. We'd have to be submarines 17 -- submariners. That's the only way we can get 18 out. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Leichter. 21 SENATOR LEICHTER: Senator, just 22 answering your question. In all fairness, first 23 of all, the 59th Street Bridge, which you're 24 talking about, that's a parking lot at many - 25 at many hours a day, and you are not urging that 4518 1 we eliminate all tolls. You are just asking 2 that we change it and skew it in such a way to 3 be a particular benefit to the residents of 4 Staten Island at the expense of the residents of 5 other parts of the City of New York. That's the 6 problem that I have with this bill. 7 But, Senator, I want to find 8 something that I can vote for that's going to 9 make the people of Staten Island happy. 10 SENATOR MARCHI: I have respect 11 for you, however you vote. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 Senator Montgomery, I'm sorry. 15 Senator Montgomery. 16 SENATOR MONTGOMERY: Yes, Mr. 17 President. I, too, as Senator Leichter does, 18 admire and appreciate the statesmanship of our 19 colleague Senator Marchi. However, this is one 20 of those times when I must adamantly disagree 21 with Senator Marchi and his attempt to put in 22 statute the one-way toll. 23 I have in my district parts of 24 the Gowanus Expressway, Fourth Avenue, Hamilton 25 Avenue, Third Avenue and Boreham Hill in 4519 1 downtown Brooklyn. I don't have Clinton Street, 2 but I do have parts of Coral Gardens in my 3 district, and I can tell you, Senator, that we 4 in Brooklyn, the people in my district are 5 drowning in traffic, so to speak, and not only 6 are we being absolutely horrendously impacted 7 both in terms of the environment as well as just 8 the traffic congestion but our businesses are 9 also suffering, and a very, very major part of 10 our traffic problem in Brooklyn on the 11 residential streets as well as the commercial 12 streets is due to the Verrazano Bridge and the 13 way that the traffic flows from Staten Island, 14 from New Jersey, emanating from New Jersey 15 coming through Staten Island and coming through 16 Brooklyn. 17 So it is unconscionable for us, I 18 think, to be considering such a measure as a 19 resolution to the issue of traffic. I would 20 hope that rather than doing this that we could 21 come up with a plan for addressing this major 22 crisis in terms of traffic congestion and its 23 impact on the environment, in both Staten Island 24 as well as Brooklyn. We have the waterfront 25 there. We have historically landmarked 4520 1 residential areas along that corridor where the 2 traffic comes. We now have 18-wheelers coming 3 through neighborhoods. It is an impossible 4 situation in Brooklyn. I can't describe it 5 adequately to you. 6 So we really need a long-range 7 plan where Senator Marchi and the DOT, state and 8 City, and the City planning and the Mayor's 9 Office and the Governor's office come together 10 and begin to talk about a long-range plan to 11 deal with surface traffic in Staten Island, in 12 Brooklyn, as well as Manhattan. But, certainly, 13 obviously, my interest is in Manhattan. We're 14 killing off neighborhoods. We're killing off 15 businesses, and the only solution that we're 16 coming up with is to continue the source of this 17 problem for us in Brooklyn. 18 So I implore you to really look 19 at this not as just solving a small part of 20 Staten Island's problem but, rather, as a need 21 for us in this state to look much more 22 critically and substantively at doing something 23 about the traffic problems that we have in the 24 city of New York. 25 So that's certainly the reason 4521 1 that I will oppose this bill, Mr. President. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you, Senator Montgomery. 4 Senator Gentile. 5 SENATOR GENTILE: Thank you, Mr. 6 President. As a Senator with five months' 7 experience, I would be the first to admit that 8 when issues of this type come up I turn to my 9 learned colleague on Staten Island with some 40 10 years experience and seek your counsel on these 11 issues; and, indeed, I think, Senator Marchi, 12 you and I have both spoken about this issue on 13 several occasions, and you have educated me as 14 to this need, as well as my constituents on 15 Staten Island have told me how important this is 16 to them; and in keeping with your explanation 17 and my knowledge of why this is important to 18 Staten Islanders, I will support you on this 19 measure. 20 However, I have to say that most 21 of my community and most of my constituents abut 22 the Verrazano Bridge on the Brooklyn side of the 23 Verrazano Bridge and, in keeping with that, I 24 have a bill in that would do something better, 25 that would not only make Staten Islanders happy 4522 1 but would make Brooklynites in my district 2 ecstatic, and that is the elimination of the 3 toll of the Verrazano Bridge. 4 And why do I say that? Why do I 5 say that? Most members in this chamber may not 6 realize that today it costs Brooklynites and 7 everyone else in the City other than Staten 8 Islanders $7 to cross the Verrazano Bridge -- $7 9 per trip to cross the Verrazano Bridge. The 10 Verrazano Bridge right now is the biggest money 11 maker of the MTA bridges and tunnels, the 12 biggest, $169-170 million in 1995; and most of 13 that money -- most of that money does not go to 14 support and maintain the Verrazano Bridge. Most 15 of that money goes to support and maintain the 16 Long Island Rail Road and Metro-North Railroad. 17 We are paying $7 per trip to go 18 across that bridge. If that money went into the 19 Verrazano Bridge, that bridge, the roadway, 20 would be lined with gold. 21 And so my constituents needing to 22 get over by the thousands, to Staten Island - 23 as you know, Senator, many of my older 24 constituents after being in Brooklyn for so many 25 years look to Staten Island as the new frontier 4523 1 as a pioneer, and they go over to Staten 2 Island. However, relatives still remain in 3 Brooklyn. That crossing of that bridge costs my 4 constituents in Brooklyn a tremendous amount of 5 money each day. There's constituents that I 6 have in my district that work in Tottenville, 7 Tottenville High School, cross that bridge every 8 day, $7 a day to get to work just by crossing 9 that bridge. 10 Now, it may sound -- I'll tell 11 you how outrageous that is to -- maybe not to 12 New Yorkers, but to the rest of America. There 13 was a TV ad about two years ago that was filmed 14 across the Verrazano Bridge for a motorcycle, 15 and before they filmed that motorcycle 16 commercial of the motorcycle going across the 17 Verrazano Bridge, they changed the sign of the 18 toll, and they changed the toll from $7 to $2, 19 and the reason they changed that sign is because 20 the producers of that TV ad felt that no one in 21 America would believe that you have to pay $7 to 22 cross a bridge. That is how gullible we have 23 become, how much we have been asked to 24 sacrifice, how much we have been asked to 25 swallow. 4524 1 My bill would eliminate that. We 2 would take the surplus from the Verrazano 3 Bridge, and we would use it to pay the bond 4 covenants that now exist on this bridge, and 5 then my bill would also have a commission set up 6 to determine the best ways to cover those bond 7 covenants. So there are ways to do this. There 8 are ways to make not only Staten Islanders happy 9 but make Brooklynites happy. 10 This is one issue that sticks in 11 the craw of all Brooklynites, the fact -- in my 12 district that have to cross that bridge on a 13 frequent basis and need to spend $7 a day. I 14 will support this bill, but my bill goes a step 15 further and will make all of us happy, Senator. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Stavisky. 18 SENATOR STAVISKY: Mr. President, 19 my colleagues, the impact on Queens has not been 20 discussed, for there are multiple bridges -- not 21 free bridges in those cases, multiple bridges 22 and connections that impact on Queens. If you 23 are in eastern Queens, the Whitestone and the 24 Throgs Neck Bridges are there. No one in his 25 right mind would suggest driving all the way to 4525 1 the 59th Street Bridge in order to get across. 2 These East River bridges, the 3 Whitestone Bridge, the Throgs Neck Bridge, the 4 Triborough Bridge, have been in existence for a 5 long time. As a matter of fact, the bonds on 6 the Whitestone Bridge were paid off many times 7 over. The bridge opened in 1938, the year of 8 the World's Fair, and the revenue from the 9 Whitestone Bridge has been paid and paid and 10 paid to the bondholders, and there are no 11 improvements. 12 I think that has to be the method 13 by which we look at this issue. It is not an 14 "us versus you" situation. We are all burdened 15 by the impact of the tolls, and these tolls are 16 not being used effectively for our constituents, 17 mine as well as yours. But you don't have a 18 situation with regard to the Verrazano-Narrows 19 Bridge comparable to the Whitestone Bridge, 20 which -- I repeat -- the revenue from the 21 Whitestone Bridge in a given year is enough to 22 pay the bondholders for the original cost to 23 that bridge. 24 So why should there be the same 25 $7 toll to go back and forth over the Whitestone 4526 1 Bridge to the Bronx? Why should there be that 2 cost on the Triborough Bridge, again, a bridge 3 that was built many years ago and the bond 4 holders have been paid off? The Throgs Neck 5 Bridge came in existence about the time as the 6 Verrazano-Narrows Bridge. So perhaps we would 7 have some comparability there. 8 But when the bonds have been paid 9 off fully by the users of the bridge, as I said 10 in the case of the Whitestone Bridge, I see no 11 good reason for not including a bridge such as 12 that. Maybe that should be the standard: When 13 the bondholders are paid off, then you reduce 14 the tolls. 15 But that is not what this bill 16 says; and, accordingly, Senator Marchi, you and 17 I will part company on the vote, but it's not 18 because I disagree with your objective. I just 19 wish that some of my constituents will be along 20 for the ride, the free ride. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Marchi. 23 SENATOR MARCHI: There's nothing 24 I can say to contradict you on this or Senator 25 Gentile, except this. I don't know if they are 4527 1 completely paid off or if it's minuscule. The 2 thing is the Verrazano Bridge is a cash cow for 3 the maintenance of the fare structure, bad as it 4 is. I mean it's very high. We live in a city 5 where it's very difficult for a family, even 6 those -- they say those that are in Manhattan, 7 all the jobs are there and all the things are 8 there, but a family with several children can 9 not even circulate within their own county 10 because of the high cost of transit within the 11 City itself using public means. So, in effect, 12 the Verrazano Bridge is a cash cow for 13 sustaining and maintaining the subway system, 14 and the MTA will verify it. 15 But what you are both saying, and 16 many of us could join you on that, is, really, 17 we've had good studies on the island in terms of 18 the context that I express, but I think it needs 19 wider application, and there has been some talk 20 of doing something dramatic along those lines. 21 So I'm delighted you said it because it needed 22 to be. I'm glad it was in this house so that we 23 recognize the problem. 24 But it is a cash cow for the 25 maintenance of the fare structure. My own 4528 1 people going in the morning say, "Gee, this fare 2 thing..." At one time it was a triple fare. We 3 had a uniform fare to the ferry. They were 4 paying three fares along the way. I said, 5 "Look, we're doing this. The motorist is 6 bleeding over there," yours as well as mine, 7 aside from the timing. But that's its major 8 raison d'etre at this point. The level of the 9 tolls is to maintain the mass transit in the 10 city of New York, which is a good thought. You 11 know, I think it has to be maintained; but, as 12 revenues hopefully increase, we may find easier 13 ways. 14 And I'm glad you said what you 15 did. You vote the way you have to do. But to 16 Staten Island, it would be a mortal blow. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Abate. 19 SENATOR ABATE: Yes, would 20 Senator Marchi yield for a question? 21 ACTING PRESIDENT MAZIARZ: 22 Senator Marchi, would you yield for a question 23 from Senator Abate? 24 SENATOR MARCHI: Yes, Senator. 25 ACTING PRESIDENT MAZIARZ: 4529 1 Senator Abate. 2 SENATOR ABATE: Like my 3 colleagues, I agree with them that you are a 4 remarkable legislator, and you serve your 5 constituents admirably, and you take into 6 consideration their best interests. 7 One thing, however, that I'm 8 concerned about is, clearly, from your vantage 9 point as a representative from Staten Island, 10 the one-way toll has improved conditions in 11 Staten Island. 12 SENATOR MARCHI: Yes. 13 SENATOR ABATE: Has there been, 14 however, a study that has evaluated and 15 monitored the situation on the other side, 16 whether that be Brooklyn or Queens or lower 17 Manhattan, to see what the impact of the one-way 18 toll has been on traffic, on noise, on vehicular 19 congestion, on pollution; and if a study 20 occurred, how old is the study? 21 SENATOR MARCHI: Yes, there have 22 been multiple studies within the MTA region 23 itself by the state and by the federal 24 government. In fact, the undergirding of this 25 function right now is the federal disposition of 4530 1 it. So there has been a tri-level, I would say 2 bipartisan because it is of mixed character, the 3 auspices under which these different studies 4 took place. 5 There have not been -- there have 6 not been studies on some of the considerations 7 that have been raised on your side. 8 SENATOR ABATE: What are the age 9 of the studies? How old are the studies? 10 ACTING PRESIDENT MAZIARZ: 11 Senator Marchi, would you continue to yield for 12 a question? 13 SENATOR MARCHI: Yes, I do. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Abate. 16 SENATOR MARCHI: Yes. The MTA's 17 is only a few years old, the latest one that 18 they've conducted, because it is a problem and 19 because you are asserting equities that are 20 difficult to accommodate under these 21 circumstances. 22 But, with us, it's almost a 23 condition for living. You know, where are you 24 going to get -- so many jobs are at stake, and 25 it would be very, very serious. 4531 1 ACTING PRESIDENT MAZIARZ: 2 Senator Abate. 3 SENATOR ABATE: Would Senator 4 Marchi continue to yield? 5 ACTING PRESIDENT MAZIARZ: 6 Senator, would you yield for another question 7 from Senator Abate? 8 SENATOR MARCHI: Yes. 9 ACTING PRESIDENT MAZIARZ: 10 Senator Abate. 11 SENATOR ABATE: It is my 12 understanding that there are a number of 13 studies, but those studies are somewhat dated, 14 and there remains some negative impact on lower 15 Manhattan and, obviously, that is a community 16 that I represent. 17 Would you be adverse before we 18 even contemplate making this permanent doing a 19 plan of remediation for that area as well as 20 other areas? Because, clearly, as you relieve 21 traffic in one part of the funnel, it's moved to 22 another part, and that's what has happened in 23 lower Manhattan. I have many constituents that 24 complain about the problem. Would you be 25 adverse to a plan of remediation where you bring 4532 1 together the agencies that Senator Montgomery 2 talked about to look -- before we move 3 decisively in this area, to look at what needs 4 to be done to alleviate the impact of this 5 decision? 6 SENATOR MARCHI: I would try to 7 help you get this study. I certainly would 8 favor it being done. But if I were to stay my 9 hand on this, there would be a state of panic 10 down in my area, I can tell you that. And given 11 the rapidity with which these things become 12 resolved in a chapter, I think there's ample 13 room to accommodate both of us, and I urge it. 14 I have no quarrel with it because it's -- you 15 are not arguing against me; you are arguing with 16 me. 17 SENATOR ABATE: On the bill. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Abate, on the bill. 20 SENATOR ABATE: This is a bill 21 that has two sides of a coin; that on the one 22 hand it provides -- the one-way toll provided 23 some relief to one jurisdiction and has 24 exacerbated the conditions in another part of 25 the City. I could not support the permanent 4533 1 without a plan, a plan where Staten Island and 2 the other parts of the City as well as lower 3 Manhattan were at the table looking at the 4 problems that are caused by the one-way toll, 5 looking and measuring the increase in noise and 6 pollution and traffic, and there would have to 7 be a plan of remediation particularly for my 8 area before we could make this toll permanent. 9 I would not be doing my duty as 10 representing lower Manhattan and other parts of 11 Manhattan if I ignored the impact the toll has 12 on that area. I look forward to a day when we 13 can make sure that travel is accessible, that 14 both areas are not burdened by noise and 15 pollution and traffic, and we figure out a way 16 where all areas benefit by this solution. I 17 think we can only do that if we all come to the 18 table together, look at the impacts and whether 19 there may be other solutions attainable beyond 20 looking at the toll. Maybe the toll can be put 21 in place as one-way, but then we have to put 22 together another plan to deal with the side 23 effects, particularly with lower Manhattan. 24 So I give a voice in this chamber 25 to the people that I represent who would say to 4534 1 me, "Vote no today unless there is a real plan 2 of remediation in place." 3 ACTING PRESIDENT MAZIARZ: 4 Senator Marchi? 5 (There was no response.) 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 964 are Senators 14 Abate, Connor, Gold, Kruger, Lachman, Leichter, 15 Markowitz, Montgomery, Nanula, Onorato, 16 Paterson, Seabrook, Smith and Stavisky. Ayes 17 39, nays 14. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 984, by Senator Leibell, Senate Print 3551, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to membership of traffic and safety 24 board. 25 ACTING PRESIDENT MAZIARZ: Read 4535 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 53. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1069, by the Assembly Committee on Rules, 12 Assembly Print 8067, to enact the Private 13 Activity Bond Act of 1997. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Present, an explanation of Calendar 16 Number 1069 has been requested by Senator 17 Leichter. 18 SENATOR PRESENT: Thank you, Mr. 19 President. This is a bill we pass annually to 20 create a Private Activity Bond Allocation Act of 21 1997, in this case, to provide an allocation 22 mechanism for the private activity bond volume 23 established by the Federal Tax Reform Act of 24 1986. 25 ACTING PRESIDENT MAZIARZ: 4536 1 Senator Leichter. 2 SENATOR LEICHTER: Mr. President, 3 if Senator Present would yield, please. 4 SENATOR PRESENT: Yes. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Present, would you yield for a question 7 from Senator Leichter? 8 Senator Leichter. 9 SENATOR LEICHTER: I'm trying to 10 understand it. Is this bill solely a one-year 11 extender, in effect, of what we have in effect 12 presently? 13 SENATOR PRESENT: Yes. 14 SENATOR LEICHTER: If you would 15 just continue to yield. Why doesn't it just say 16 that it's an extender for one year? Because 17 usually when we extend, you know, we just say 18 instead of expiring in 1996 it expires in 1997 19 or '98, or whatever it is. 20 SENATOR PRESENT: It is -- it 21 is -- yes, I agree, it probably could have been 22 done that way. Bill Drafting didn't make it 23 that way. 24 SENATOR LEICHTER: Okay. 25 Senator, does it provide in every detail with 4537 1 the provisions that presently exist in the law? 2 There is no change whatsoever? 3 SENATOR PRESENT: None that I can 4 find. If you read the bill, it's all - 5 SENATOR LEICHTER: Senator, let 6 me ask you, and I should have asked that 7 question when we passed a similar bill in 1995 8 to 1996, but the borrowing by the state or state 9 agencies, is that still subject to the Public 10 Authorities Control Board? 11 SENATOR PRESENT: All borrowing 12 are you asking? All borrowing by the state? 13 SENATOR LEICHTER: Right. 14 Because as I read this bill, it provides for the 15 state allocation to be directed by the head of 16 the Bureau of the Budget. As you know, because 17 you were here when we set up the Public 18 Authorities Control Board, we now require all 19 state agency borrowing to be approved by the 20 Public Authorities Control Board. My question 21 to you is, is that still in effect as a conse 22 quence of the similar bill that we passed last 23 year, or would it be in effect under this bill? 24 SENATOR PRESENT: I can't answer 25 that, Senator. 4538 1 SENATOR LEICHTER: Could we get 2 an answer to that, Senator? 3 ACTING PRESIDENT MAZIARZ: 4 Senator Leichter. 5 SENATOR PRESENT: I imagine we 6 ought to be able to get an answer to that. 7 SENATOR LEICHTER: Could we lay 8 it aside for a day and get the answer to that? 9 SENATOR PRESENT: Sure. 10 SENATOR LEICHTER: I appreciate 11 it. Thank you. 12 ACTING PRESIDENT MAZIARZ: Bill 13 is laid aside for the day at the request of the 14 sponsor. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Stachowski. 17 SENATOR STACHOWSKI: Mr. 18 President, could I please have unanimous consent 19 to be recorded in the negative on Calendar 964. 20 ACTING PRESIDENT MAZIARZ: 21 Without objection, so ordered. 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Skelos. 25 SENATOR SKELOS: Could you return 4539 1 to reports of standing committees. I believe 2 there is a report of the Rules Committee at the 3 desk. I ask that it be read. 4 ACTING PRESIDENT MAZIARZ: Return 5 to reports of standing committees. 6 The Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, offers up the 9 following bills directly for third reading: 10 1158, by Senator Cook, an act to 11 amend the General Municipal Law, in relation to 12 establishing the Fallsburg-Liberty-Thompson 13 Industrial Development Agency; 14 2871, by Senator Oppenheimer, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to authorizing; 17 3134, by Senator LaValle, an act 18 to amend the General Municipal Law; 19 3141, by Senator LaValle, an act 20 to amend the Town Law, in relation to the 21 compensation of election inspectors; 22 3814, by Senator Wright, an act 23 to amend the Penal Law, in relation to assault; 24 4680, by Senator Tully, an act 25 authorizing the assessor of the county of 4540 1 Nassau; 2 4799, by the Committee on Rules, 3 an act to amend Chapter 272 of the Laws of 1991; 4 4901, by Senator Trunzo, an act 5 relating to providing a lump sum payment; 6 5005, by Senator Tully, an act to 7 amend the Nassau County Civil Divisions Act; 8 5110A, by Senator Lack, an act to 9 amend the Executive Law; 10 5118, by Senator Alesi, an act to 11 amend the Executive Law; 12 5261, by Senator Saland, an act 13 to amend the Vehicle and Traffic Law; 14 And, 5311, by Senator Seward, an 15 act to amend Chapter 668 of the Laws of 1997. 16 All bills directly for third 17 reading. 18 ACTING PRESIDENT MAZIARZ: All 19 bills directed to third reading. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 is there any housekeeping at the desk? 23 ACTING PRESIDENT MAZIARZ: There 24 are four substitutions. 25 The Secretary will read. 4541 1 THE SECRETARY: Senator Alesi 2 moves to discharge from the Committee on Rules 3 Assembly Print 6781A and substitute it for the 4 identical Senate Bill, Third Reading 610. 5 Senator Farley moves to discharge 6 from the Committee on Rules Assembly Bill Number 7 5390 and substitute it for the identical Senate 8 Bill, Third Reading 879. 9 Senator Maltese moves to 10 discharge from the Committee on Rules Assembly 11 Print 7887 and substitute it for the identical 12 Senate Bill, Third Reading 1032. 13 Senator Maltese moves to 14 discharge from the Committee on Rules Assembly 15 Bill Number 7889 and substitute it for the 16 identical Senate Bill, Third Reading 1034. 17 ACTING PRESIDENT MAZIARZ: 18 Substitutions ordered. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, on behalf of Senator Goodman, on page 22 number 17, I offer the following amendments to 23 Calendar Number 517, Senate Print Number 3544, 24 and ask that said bill retain its place on the 25 Third Reading Calendar. 4542 1 ACTING PRESIDENT MAZIARZ: 2 Amendments received. 3 SENATOR MARCELLINO: Mr. 4 President, on behalf of Senator Cook, on page 5 number 31, I offer the following amendments to 6 Calendar Number 802, Senate Print Number 5194, 7 and ask that said bill retain its place on the 8 Third Reading Calendar. 9 ACTING PRESIDENT MAZIARZ: 10 Amendments received. 11 SENATOR MARCELLINO: Thank you. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 there being no further business, I move we 16 adjourn until tomorrow, June 3rd, at 12:00 noon. 17 ACTING PRESIDENT MAZIARZ: On the 18 motion, the Senate stands adjourned until 19 Tuesday, June the 3rd, at 12:00 p.m. 20 (Whereupon, at 4:36 p.m., the 21 Senate adjourned.) 22 23 24 25