Tuesday, April 7, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 7, 1998 10 3:05 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEVEN M. BOGGESS, 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. Would you please rise and join 4 with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by the Reverend Peter G. Young from the 9 Blessed Sacrament Church in Bolton Landing. 10 Welcome back. 11 REVEREND PETER G. YOUNG: Thank 12 you, Governor. Thank you very much. 13 Dear God, as we enjoy the added 14 hour of Your bright sunshine and see the budding 15 leaves, we witness Your greatness and majestic 16 power. We seek Your blessings on the members of 17 this senior legislative body and all of their 18 deliberations in behalf of our New York State 19 citizens. 20 We ask You to guide them with 21 wisdom and perseverance in Your name. Amen. 22 THE PRESIDENT: Amen. The 23 reading of the Journal, please. 24 THE SECRETARY: In Senate, 25 Monday, April 6th. The Senate met pursuant to 1 adjournment. The Journal of Sunday, April 5th, 2 was read and approved. On motion, the Senate 3 adjourned. 4 THE SECRETARY: Without 5 objection, the Journal stands approved as read. 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 The Secretary will read. 11 THE SECRETARY: Senator Balboni, 12 from the Committee on Water Resources, reports: 13 Senate Print 4002, by Senator 14 Present, an act to amend the Environmental 15 Conservation Law; 16 6706, by Senator Balboni, an act 17 to amend the Public Health Law. 18 Senator Padavan, from the 19 Committee on Cities, reports: 20 Senate Print 4049, by Senator 21 Maziarz, an act to amend the Real Property Tax 22 Law; and 23 6236, by Senator Marchi, an act 24 to authorize the United Pentecostal Church. 25 Senator Hannon, from the 1 Committee on Health, reports: 2 Senate Print 4115, by Senator 3 Skelos, an act to amend the Public Health Law 4 and the Penal Law; and 5 Senate Print 5526, by Senator 6 Wright, an act to amend the Public Health Law. 7 Senator Rath, from the Committee 8 on Local Government, reports: 9 Senate Print 474-B, by Senator 10 Nozzolio, an act to amend the General Municipal 11 Law; 12 477-B, by Senator DeFrancisco, an 13 act to amend the Real Property Tax Law; 14 529, by Senator Present, an act 15 to amend the General Municipal Law; 16 530, by Senator Present, an act 17 to amend the Real Property Tax Law; 18 647, by Senator Holland, an act 19 to amend the General Municipal Law; 20 781, by Senator Cook, an act to 21 amend the Town Law and the Village Law; 22 1099, by Senator Lack, an act to 23 amend the Real Property Tax Law; 24 1295, by Senator LaValle, an act 25 to amend the General Municipal Law; 1 1378, by Senator LaValle, an act 2 to amend the General Municipal Law; 3 1767, by Senator Leibell, an act 4 to amend the Real Property Tax Law; 5 1955, by Senator Farley, an act 6 to amend the Real Property Tax Law; 7 2339-A, by Senator Farley, an act 8 to amend the Real Property Tax Law; 9 2378, by Senator Lack, an act to 10 amend the County Law; 11 2664, by Senator LaValle, an act 12 authorizing the village of Sag Harbor; 13 2669, by Senator LaValle, an act 14 to amend the Town Law; 15 3005-A, by Senator DeFrancisco, 16 an act to amend the County Law; 17 3080, by Senator Padavan, an act 18 to amend the General Municipal Law; 19 3135, by Senator LaValle, an act 20 to amend the General Municipal Law; 21 4408-A, by Senator Rath, an act 22 to amend the General Municipal Law; 23 4449, by Senator DeFrancisco, an 24 act to amend the Real Property Tax Law; 25 4855, by Senator Rath, an act to 1 amend the General Municipal Law; 2 4983, by Senator Maziarz, an act 3 to amend the General Municipal Law; 4 6148, by Senator DeFrancisco, an 5 act in relation to authorizing; 6 6333, by Senator Nozzolio, an act 7 to legalize, validate and confirm; and 8 6421, by Senator Rath, an act to 9 amend the General Municipal Law. 10 Senator Johnson, from the 11 Committee on Transportation, reports: 12 Senate Print 1346, by Senator 13 Larkin, an act to amend the Vehicle and Traffic 14 Law; 15 1891, by Senator Present, an act 16 to amend the Highway Law; 17 2467-A, by Senator LaValle, an 18 act in relation to the Long Island Suburban 19 Highway Improvement Program; 20 4125-A, by Senator Present, an 21 act to amend the Vehicle and Traffic Law; 22 6003, by Senator Farley, an act 23 to amend the Vehicle and Traffic Law; 24 6120, by Senator Leibell, an act 25 to amend the Highway Law; 1 6231, by Senator Velella, an act 2 to amend the Vehicle and Traffic Law; and 3 6403, by Senator Stafford, an act 4 to amend the Highway Law. 5 Senator DeFrancisco, from the 6 Committee on Tourism, Recreation and Sports 7 Development, reports: 8 Senate Print 2374-B, by Senator 9 Lack, an act to amend the Parks, Recreation and 10 Historic Preservation Law; 11 6132, by Senator Marcellino, an 12 act to amend the Parks, Recreation and Historic 13 Preservation Law; 14 6534, by Senator DeFrancisco, an 15 act to amend the Parks, Recreation and Historic 16 Preservation Law; and 17 6557, by Senator DeFrancisco, an 18 act to amend the Parks, Recreation and Historic 19 Preservation Law. 20 Senator Goodman, from the 21 Committee on Investigations, Taxation and 22 Government Operations, reports: 23 Senate Print 432, by Senator 24 Goodman, an act to amend the Arts and Cultural 25 Affairs Law; 1 567, by Senator Kuhl, an act to 2 amend the Alcoholic Beverage Control Law; 3 3541, by Senator Goodman, an act 4 to amend the Tax Law; 5 3651, by Senator Goodman, an act 6 to amend the Alcoholic Beverage Control Law; 7 3673, by Senator Goodman, an act 8 to amend the Alcoholic Beverage Control Law; 9 3682, by Senator Goodman, an act 10 to amend the Alcoholic Beverage Control Law; 11 3982, by Senator Larkin, an act 12 to amend the Tax Law; 13 4056-A, by Senator Goodman, an 14 act to amend the Tax Law; 15 4081-A, by Senator Goodman, an 16 act to amend the Tax Law; 17 4133, by Senator Kuhl, an act to 18 amend the Tax Law; 19 4496-A, by Senator Maziarz, an 20 act to amend the Alcoholic Beverage Control Law; 21 5048, by Senator Kuhl, an act to 22 amend the Alcoholic Beverage Control Law; 23 5209-A, by Senator Goodman, an 24 act to amend the Tax Law; 25 6283, by Senator Kuhl, an act to 1 amend the Public Officers Law; 2 6330-A, by Senator Goodman, an 3 act to amend the Alcoholic Beverage Control Law; 4 6520, by Senator LaValle, an act 5 to amend the Alcoholic Beverage Control Law; 6 6564, by Senator Goodman, an act 7 to amend the Tax Law; 8 6577, by Senator Goodman, an act 9 to amend the Public Lands Law; 10 6578, by Senator Goodman, an act 11 to amend the Tax Law; 12 6581, by Senator Goodman, an act 13 to amend the Alcoholic Beverage Control Law; 14 6591, by Senator Goodman, an act 15 to amend the Alcoholic Beverage Control Law; 16 6593, by Senator Goodman, an act 17 to amend the Alcoholic Beverage Control Law; 18 6616, by Senator Goodman, an act 19 to amend the Arts and Cultural Affairs Law; and 20 6663, by Senator Goodman, an act 21 to amend the Tax Law. 22 All bills ordered direct for 23 third reading. 24 ACTING PRESIDENT BALBONI: 25 Without objection, all bills directly to third 1 reading. 2 Reports of select committees. 3 Communication and reports from 4 state officers. 5 Motions and resolutions. 6 The Chair recognizes Senator 7 Farley. 8 SENATOR FARLEY: Thank you, Mr. 9 President. 10 On behalf of Senator Leibell, on 11 page 17, I offer the following amendments to 12 Calendar Number 424, Senate Print Number 6119, 13 and I ask that that bill retain its place on the 14 Third Reading Calendar. 15 ACTING PRESIDENT BALBONI: The 16 amendments are received. 17 Senator Padavan. 18 SENATOR PADAVAN: Mr. President, 19 I would like to star the following bills: 20 Calendar 273, Senate Bill 2202; 319, Senate Bill 21 2210; Calendar Number 459, Senate Bill 2011; 22 Calendar Number 461, Senate Bill 2223. 23 ACTING PRESIDENT BALBONI: So 24 ordered. 25 SENATOR PADAVAN: Thank you. 1 ACTING PRESIDENT BALBONI: 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, I 4 move that we adopt the Resolution Calendar in 5 its entirety. 6 ACTING PRESIDENT BALBONI: All in 7 favor of accepting the Resolution Calendar 8 signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The Resolution Calendar is 13 accepted. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could take up the non-controversial -- oh, 17 we have some substitutions to make. 18 ACTING PRESIDENT BALBONI: Yes, 19 we do, Senator. 20 SENATOR SKELOS: Please make the 21 substitutions. 22 ACTING PRESIDENT BALBONI: The 23 Secretary will read. 24 THE SECRETARY: On page 7, 25 Senator Stafford moves to discharge from the 1 Committee on Consumer Protection Assembly Bill 2 Number 1357-A and substitute it for the 3 identical Third Reading Calendar 157, and on 4 page 20, Senator Hannon moves to discharge from 5 the Committee on Local Government Assembly Bill 6 Number 21-A and substitute it for the identical 7 Third Reading Calendar 471. 8 ACTING PRESIDENT BALBONI: The 9 substitutions are ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Could we take up 12 the non-controversial calendar, please. 13 ACTING PRESIDENT BALBONI: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 273, by Senator Padavan, Senate Print 2202, an 17 act to amend the General Municipal Law, in 18 relation to reporting information to the United 19 States Immigration. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT BALBONI: The 22 bill is laid aside. 23 SENATOR SKELOS: Mr. President, 24 if we could just have it a little quiet in the 25 chamber. 1 ACTING PRESIDENT BALBONI: Please 2 take your conversations out of the chamber. All 3 staff please find your places. Keep it down 4 here, please. 5 Thank you. 6 SENATOR SKELOS: Mr. President, 7 would you please recognize Senator Nozzolio, 8 please. 9 ACTING PRESIDENT BALBONI: 10 Senator Nozzolio. 11 SENATOR NOZZOLIO: Thank you, Mr. 12 President. 13 There will be an immediate 14 meeting of the Committee on Crime Victims, Crime 15 and Corrections in the Senate Majority 16 Conference Room, Room 332 of the Capitol. 17 ACTING PRESIDENT BALBONI: 18 Immediate meeting of the Senate Committee on 19 Crime and Corrections in the Senate Majority 20 Conference Room. 21 Senate Bill 273 is starred for 22 the day. Please continue with the reading of 23 the calendar. 24 THE SECRETARY: Calendar Number 25 387, by Senator Cook, Senate Print 366 - 1 SENATOR SKELOS: Lay it aside for 2 the day. 3 THE SECRETARY: Calendar Number 4 399, by Senator Libous, Senate Print 1231-B, an 5 act to amend the Uniform City Court Act and the 6 Judiciary Law, in relation to enacting City 7 Court judge. 8 ACTING PRESIDENT BALBONI: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT BALBONI: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 43. 16 ACTING PRESIDENT BALBONI: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 401, by Senator Saland, Senate Print 3414-B, an 20 act to amend the Judiciary Law and the Uniform 21 City Court Act, in relation to creating a new 22 quarter-time judge position. 23 ACTING PRESIDENT BALBONI: Read 24 the last section. 25 THE SECRETARY: Section 6. This 1 act shall take effect immediately. 2 ACTING PRESIDENT BALBONI: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 45. 6 ACTING PRESIDENT BALBONI: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 439, by Senator Volker, Senate Print 6262, an 10 act to amend the Executive Law, in relation to 11 the community services block grant program. 12 ACTING PRESIDENT BALBONI: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BALBONI: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 45. 20 ACTING PRESIDENT BALBONI: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 467, by Senator Volker, Senate Print 5180, an 24 act to amend the Penal Law, in relation to 25 establishing the crime of absconding. 1 ACTING PRESIDENT BALBONI: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BALBONI: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT BALBONI: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 484, by member of the Assembly Gantt, Assembly 13 Print 7096 - 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT BALBONI: Lay 16 that bill aside. 17 THE SECRETARY: Calendar Number 18 494, by Senator Kuhl, Senate Print 4184, an act 19 to amend the Agriculture and Markets Law, in 20 relation to the assessment of penalties. 21 ACTING PRESIDENT BALBONI: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect in 90 days. 25 ACTING PRESIDENT BALBONI: Call 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 45. 4 ACTING PRESIDENT BALBONI: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 505, by Senator Skelos, Senate Print 1749, an 8 act to amend the Correction Law, in relation to 9 the definition of sexually violent offense. 10 ACTING PRESIDENT BALBONI: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BALBONI: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 45. 18 ACTING PRESIDENT BALBONI: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 506, by Senator Nozzolio, Senate Print 1965, an 22 act to amend the Executive Law, in relation to 23 appeals to the state Board of Parole. 24 ACTING PRESIDENT BALBONI: Read 25 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BALBONI: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 45. 7 ACTING PRESIDENT BALBONI: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 511, by Senator Alesi, Senate Print 6301, an act 11 to amend the Correction Law, in relation to 12 barring sex offenders from certain temporary 13 release programs. 14 ACTING PRESIDENT BALBONI: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first day of 18 November. 19 SENATOR GOLD: Lay it aside. 20 ACTING PRESIDENT BALBONI: Lay 21 that bill aside. 22 Senator Skelos, that completes 23 the reading of the non-controversial calendar. 24 SENATOR SKELOS: Please take up 25 the controversial calendar. 1 ACTING PRESIDENT BALBONI: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 387, by Senator Cook, Senate Print 366, an act 5 to amend the Education Law, in relation to 6 defining non-residents of a district. 7 SENATOR GOLD: Explanation. 8 ACTING PRESIDENT BALBONI: An 9 explanation has been asked for, Senator Cook. 10 SENATOR COOK: Mr. President, 11 this bill provides that when there are -- is a 12 tax exempt organization within a school district 13 that is sending students to the public schools 14 and, therefore, are not paying anything in 15 support of the cost of educating those students, 16 that the school district is empowered; it is not 17 mandated but it's authorized to set a tuition 18 charge for those students in the same standard 19 as if they were non-residents of the district 20 who are attending school. 21 Specifically, this probably would 22 not apply in very many places in the state. It 23 could apply probably to 50 or 60 districts, but 24 being a local option, I would assume it probably 25 would not be utilized by very many of them but 1 the specific purpose is that in one of my school 2 districts, there's a tax exempt organization 3 that has 30 children attending the public 4 schools. The cost of educating those children 5 is approximately a quarter of a million 6 dollars. The situation is that the children who 7 are in that particular -- reside at that 8 particular place are not poverty stricken. 9 They, in fact, are people who, in many cases 10 have very substantial incomes. They are people 11 who live outside of New York State for the most 12 part but come there for a period of time for 13 whatever purpose and during the time they're 14 there, the school district is then mandated to 15 require -- to provide the education for the 16 children. 17 So there's no way under present 18 law to recoup any of that cost and this is an 19 optional manner in which the school district may 20 recover some of those costs. 21 ACTING PRESIDENT BALBONI: Thank 22 you, Senator Cook. 23 Senator Gold. 24 SENATOR GOLD: Mr. President, if 25 my distinguished colleague would yield to a 1 question. 2 ACTING PRESIDENT BALBONI: 3 Senator Cook, will you yield? 4 SENATOR COOK: I'm not sure I was 5 the one he was asking to yield, but I will. 6 ACTING PRESIDENT BALBONI: The 7 Senator yields. 8 SENATOR GOLD: First of all, I 9 ought to clear it up, Mr. President. Whenever I 10 speak in terms of Senator Cook, I only think of 11 distinguished colleague, no issue. 12 Senator Cook, there was a 13 memorandum filed, I think last year, by NYSUT. 14 Is there anything new about this bill that 15 would - 16 SENATOR COOK: Mr. President, to 17 our knowledge - 18 SENATOR GOLD: I can't hear you. 19 ACTING PRESIDENT BALBONI: Excuse 20 me, Senator Gold. Please suffer an interruption 21 for one moment, please. It's getting noisy in 22 here again, please. Please give the Senators 23 the courtesy of listening to the debate. 24 Thank you. Please proceed. 25 SENATOR COOK: Mr. President, 1 Senator Gold, to our knowledge, NYSUT's position 2 has not changed on the bill. I think they had 3 some concerns -- basic philosophical concerns 4 regarding the constitutional provision of 5 providing a free high school education or free 6 primary/secondary education and whether this, in 7 fact, violates that principle, and I don't think 8 that position has changed. 9 SENATOR GOLD: All right. Mr. 10 President. 11 ACTING PRESIDENT BALBONI: Yes, 12 Senator Gold. 13 SENATOR GOLD: I'm informed that 14 there's something contrary, Senator. Our staff, 15 I think spoke to NYSUT and they, in fact -- I 16 didn't know this. I wasn't trying to trap you, 17 but I think they have dropped their opposition 18 and they are now neutral on the bill. I'm 19 hearing that and I'm telling you that but, 20 Senator, what I gather, last year we had some 21 significant opposition from this side, but one 22 of the issues that they raised, and I thought 23 perhaps with your expertise you could deal with 24 this, and the issue was whether or not instead 25 of doing it this way -- and under your bill, as 1 I understand it, if you had clergy or park 2 rangers living on someone's property, their 3 children might not have to pay the tuition. 4 Maybe the better way to handle the situation was 5 on these tax exempt properties, that we get from 6 them some payment in lieu of taxes in order to 7 cover that cost. 8 SENATOR COOK: Mr. President. 9 ACTING PRESIDENT BALBONI: 10 Senator Cook. 11 SENATOR COOK: Senator Gold, as 12 you know, there are two problems with that, and 13 the first is that the property itself is, 14 indeed, constitutionally protected from 15 taxation. In-lieu-of payments are optional on 16 the part of the person who makes the payment. 17 So that they at this point, were they so 18 inclined, could be making payments in lieu of 19 taxes but there really is no way to force them 20 to make payments in lieu of taxes. Admittedly, 21 that would be the preferable way to do it but 22 there just is no way in which we can in law - 23 in law enforce that to occur. 24 SENATOR GOLD: Mr. President, on 25 the bill. I don't have to prolong this. 1 ACTING PRESIDENT BALBONI: On the 2 bill. 3 SENATOR GOLD: But last year many 4 people on this side, I assume were concerned 5 about those issues raised by NYSUT and this year 6 they are apparently neutral. 7 So speaking personally, I intend 8 to remain neutral but neutral in favor of 9 Senator Cook. 10 ACTING PRESIDENT BALBONI: Thank 11 you, Senator Gold. 12 Read the last section. 13 SENATOR STACHOWSKI: Please, just 14 a minute. 15 ACTING PRESIDENT BALBONI: Hold, 16 please. 17 SENATOR STACHOWSKI: Mr. 18 President. 19 ACTING PRESIDENT BALBONI: 20 Senator Stachowski. 21 SENATOR STACHOWSKI: Would it be 22 all right, Senator Cook, since there is a couple 23 members that haven't made it to the chamber yet 24 that had a few questions, if we could lay this 25 aside until tomorrow? 1 ACTING PRESIDENT BALBONI: 2 Senator Cook. 3 SENATOR COOK: Yeah. Mr. 4 President, just to be clear, because, in fact, 5 Senator Lachman did call me this morning and I 6 had agreed to lay it aside and then I had been 7 asked, as a matter of fact, to take the bill up 8 today in order to utilize some time, to be 9 frank, but I have no objection to laying it 10 aside. 11 ACTING PRESIDENT BALBONI: We 12 will lay that bill aside temporarily. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Calendar Number 16 484, by member of the Assembly Gantt, Assembly 17 Print 7096, an act to amend the Alcoholic 18 Beverage Control Law. 19 ACTING PRESIDENT BALBONI: Read 20 the last section. 21 SENATOR GOLD: Explanation, 22 please. 23 ACTING PRESIDENT BALBONI: 24 Senator Gold, are you asking for an 25 explanation? 1 SENATOR GOLD: Yes, please. 2 ACTING PRESIDENT BALBONI: 3 Senator Goodman, an explanation has been asked 4 for. 5 SENATOR GOODMAN: Mr. President, 6 this bill, which is a program bill of the State 7 Liquor Authority, is the following: Its purpose 8 is actually developed jointly by the SLA and the 9 Governor's Office of Regulatory Reform. It's 10 intended to ease some of the restrictions and 11 prohibitions currently imposed on on-premises 12 licensees, primarily restaurants and taverns. 13 The proposal makes changes in the areas of 14 restrictions on bottle sizes, signs, visibility 15 -- visible -- visibility, record keeping and 16 pool tables. 17 May I ask if there's some 18 question that someone would like to raise on 19 this? 20 SENATOR GOLD: Yes. Thank you. 21 ACTING PRESIDENT BALBONI: 22 Senator Gold. 23 SENATOR GOLD: If the gentleman 24 would yield to a question. 25 SENATOR GOODMAN: Yes, of course. 1 SENATOR GOLD: Senator Goodman, 2 my understanding -- I don't care about pool 3 tables, and I don't care about - 4 SENATOR GOODMAN: You don't care 5 about pool tables? Let the record so note. 6 SENATOR GOLD: I mean the 7 business with billiard rooms and things like 8 that, but I was just curious about one thing. 9 The note that I see here seems to indicate that 10 we would be -- the leading requirement's for 11 record keeping dealing with alcohol sold and 12 purchased and also eliminating certain 13 prohibitions of buying liquor except from the 14 sources that they buy from today. Am I reading 15 that right? 16 SENATOR GOODMAN: No, I don't 17 believe so, Senator. Let me just go back over 18 the sections that you are in reference to. Part 19 of this -- are you looking at the Metropolitan 20 Package Store memo in opposition? Is this your 21 problem? 22 SENATOR GOLD: No, I wasn't. 23 SENATOR GOODMAN: Oh, I see. 24 SENATOR GOLD: I was just looking 25 at some of my notes but perhaps -- the only 1 question I have, Senator, is that I know there's 2 a delicate balance between -- between businesses 3 here, but in terms of your major committee which 4 is Investigation and Taxation, don't you think 5 that some of the record keeping that we have 6 today, in fact, helps the Tax Department in 7 terms of what goes on in what are basically cash 8 businesses? I mean, are we eliminating some of 9 that record keeping? 10 SENATOR GOODMAN: No, they're 11 not, Senator Gold. 12 SENATOR GOLD: And by the way - 13 if I could finish the question -- would make it 14 harder on the Tax Department in terms of 15 figuring out what's happening with these cash 16 businesses. 17 SENATOR GOODMAN: Let me set your 18 mind at ease. The purpose -- the reference to 19 the elimination of records is simply in sync' 20 with the effort to computerize this. No records 21 will be eliminated but the books per se may be 22 eliminated to permit this to be computerized. 23 SENATOR GOLD: If the Senator 24 would yield to a question. I'm not sure I 25 really understand what you're saying. 1 SENATOR GOODMAN: When you go 2 from a manual system of bookkeeping - 3 SENATOR GOLD: Yeah. 4 SENATOR GOODMAN: -- to a 5 computerized system, you don't keep the 6 overlapping manual records which are often 7 handwritten in books and it's green eye shade 8 work. The computer obviates the need for that. 9 SENATOR GOLD: Will you yield to 10 one other question? 11 SENATOR GOODMAN: Yes, I will. 12 SENATOR GOLD: My understanding, 13 Senator, is that today people who own on 14 premises -- who run on-premises establishments 15 are required to buy liquor from certain specific 16 sources and it was my understanding -- and I may 17 be wrong -- that it would be illegal for them to 18 go to a local package store or some other source 19 and buy liquor, bring it into the on-premises 20 and use that liquor. 21 SENATOR GOODMAN: Let me clarify 22 what I think you may be driving at here. 23 Section 1 of the bill amends Sub 24 (2) of Section 106 of the ABC Law by eliminating 25 the requirement that on-premises licensees only 1 be permitted to purchase liquor in containers 2 not exceeding a half gallon and wine in 3 containers not exceeding 15 gallons. The bill 4 would eliminate the minimum container sizes for 5 on-premises licensees, which is not less than 25 6 ounces for liquor except cordials, liqueurs and 7 bitters and not less than six ounces of wine. 8 So it's a container size. 9 SENATOR GOLD: All right. But it 10 doesn't -- does it do anything to change the 11 prohibition about them buying liquor from, for 12 example, a normal package store and bringing 13 that into their premises? 14 SENATOR GOODMAN: No, it does 15 not. 16 SENATOR GOLD: Thank you very 17 much. 18 SENATOR GOODMAN: You're welcome. 19 ACTING PRESIDENT BALBONI: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BALBONI: Call 24 the roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 484 are Senators 3 Kruger, Maltese, Montgomery, Onorato, 4 Oppenheimer, Rosado, Smith, Velella and Waldon. 5 ACTING PRESIDENT BALBONI: The 6 bill is passed. 7 THE SECRETARY: Also Senator 8 Cook. 9 ACTING PRESIDENT BALBONI: Now 10 the bill is passed. 11 THE SECRETARY: Ayes 46, nays 10 12 -- ayes 45, nays 11, Senator Dollinger also 13 recorded in the negative. 14 ACTING PRESIDENT BALBONI: Now 15 the bill is passed. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 5... 20 ACTING PRESIDENT BALBONI: 21 Senator Rosado. 22 SENATOR ROSADO: Yes. I would 23 like to be recorded in the negative with 24 unanimous consent on Bill 2202. 25 ACTING PRESIDENT BALBONI: 1 Without objection. Senator Rosado, it is my 2 information that that bill was starred 3 previously in the day. It did not pass. 4 SENATOR ROSADO: Thank you. I 5 wasn't here. Thank you. 6 ACTING PRESIDENT BALBONI: No 7 problem. The Secretary will read. 8 THE SECRETARY: Calendar Number 9 511, by Senator Alesi, Senate Print 6301 - 10 SENATOR GOLD: Explanation. 11 ACTING PRESIDENT BALBONI: 12 Senator Alesi, an explanation has been 13 requested. 14 SENATOR ALESI: Thank you, Mr. 15 President. 16 This bill simply makes a 17 distinction between work release and community 18 service. Under the current law inmates that are 19 eligible for work release, sex offenders would 20 not be eligible under work release and it is not 21 clearly defined that they should not be eligible 22 under community service. 23 So the bill simply clarifies the 24 fact that community service would be one of 25 those circumstances where a sex offender would 1 not be eligible. 2 SENATOR GOLD: Will the Senator 3 yield to a question? 4 ACTING PRESIDENT BALBONI: 5 Senator, do you yield? 6 SENATOR ALESI: Yes. 7 SENATOR GOLD: Yeah. So under 8 your bill if your bill passed, would they be 9 eligible for work release? 10 SENATOR ALESI: If they are a sex 11 offender? 12 SENATOR GOLD: Yeah. 13 SENATOR ALESI: They're not 14 eligible under work release as a sex offender. 15 They would not be eligible for community service 16 under my bill as a sex offender and on either 17 set of circumstances, they would not be 18 eligible. 19 SENATOR GOLD: Under existing 20 law, are they eligible for work release? 21 SENATOR ALESI: No. 22 ACTING PRESIDENT BALBONI: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first day of 1 November. 2 ACTING PRESIDENT BALBONI: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 56. 6 ACTING PRESIDENT BALBONI: The 7 bill is passed. 8 Yes, Senator. 9 SENATOR MARKOWITZ: I think 10 there's a motion to discharge at the desk. 11 ACTING PRESIDENT BALBONI: 12 Senator, we are not completed with today's 13 business. We're expecting another report from 14 committee. After such time we'll address your 15 issue. 16 Thank you, Senator. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could return to reports of standing 20 committees, I believe there's a report of the 21 Crime Victims Committee at the desk. I ask that 22 it be read. 23 ACTING PRESIDENT BALBONI: Return 24 to reports of standing committees. 25 The Secretary will read. 1 THE SECRETARY: Senator Nozzolio, 2 from the Committee on Crime Victims, Crime and 3 Correction, reports: 4 Senate Print 161, by Senator 5 Maltese, an act to amend the Executive Law. 6 ACTING PRESIDENT BALBONI: Please 7 quiet. Can't hear the report. 8 THE SECRETARY: 2318, by Senator 9 Maltese, an act to amend the Executive Law; 10 3464, by Senator Velella, an act 11 to amend the Executive Law; 12 5183, by Senator Nozzolio, an act 13 to amend the Executive Law; and 14 6606, by Senator Nozzolio, an act 15 to amend the Executive Law. 16 All bills ordered direct for 17 third reading. 18 ACTING PRESIDENT BALBONI: 19 Without objection, all bills directly to third 20 reading. 21 SENATOR SPANO: Mr. President. 22 ACTING PRESIDENT BALBONI: 23 Senator Spano. 24 SENATOR SPANO: Can I be recorded 25 in the negative on Calendar 484. 1 ACTING PRESIDENT BALBONI: 2 Without objection. 3 SENATOR SPANO: Thank you. 4 ACTING PRESIDENT BALBONI: 5 Senator Stavisky. 6 SENATOR STAVISKY: Mr. Speaker, 7 on yesterday's calendar, I would like to be 8 recorded in the negative on 427 and 151. 9 ACTING PRESIDENT BALBONI: 10 Senator, the record will reflect your wish - 11 your desire to be so recorded. 12 SENATOR STAVISKY: Thank you. 13 SENATOR MARCELLINO: Mr. 14 President. 15 ACTING PRESIDENT BALBONI: 16 Senator Marcellino, why do you rise? 17 SENATOR MARCELLINO: Mr. 18 President, can I have permission to be recorded 19 on the negative on Calendar 484. 20 ACTING PRESIDENT BALBONI: 21 Without objection. 22 SENATOR MARCELLINO: Thank you. 23 ACTING PRESIDENT BALBONI: 24 Senator Meier. 25 SENATOR MEIER: Thank you, Mr. 1 President. 2 On behalf of Senator Maltese, I 3 move that the following bill be discharged from 4 its committee and be recommitted with 5 instructions to strike the enacting clause: 6 Senate Number 166. 7 ACTING PRESIDENT BALBONI: So 8 ordered. 9 Senator Abate. 10 SENATOR ABATE: Yes. I'd ask for 11 unanimous consent to be recorded in the negative 12 on Calendar Number 484. 13 ACTING PRESIDENT BALBONI: 14 Without objection. 15 SENATOR FUSCHILLO: Mr. 16 President. 17 ACTING PRESIDENT BALBONI: 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Mr. 20 President, on Calendar Number 484, I wish to 21 change my vote in the negative. 22 ACTING PRESIDENT BALBONI: So 23 ordered. 24 Senator Skelos. 25 SENATOR SKELOS: Same thing. 1 ACTING PRESIDENT BALBONI: 2 Ditto. Without objection. 3 Senator Hannon. 4 (Senator Hannon gestures.) 5 ACTING PRESIDENT BALBONI: Same 6 thing. So ordered. 7 Senator Skelos. 8 SENATOR SKELOS: I believe there 9 is a -- in order to keep the process moving, I 10 believe the Minority has a motion to discharge 11 to make at this time and Senator Markowitz will 12 be handling it on behalf of Senator Connor. 13 SENATOR MARKOWITZ: Thank you 14 very much. 15 ACTING PRESIDENT BALBONI: The 16 Chair recognizes Senator Markowitz. 17 SENATOR MARKOWITZ: I present 18 Senate 6009. I request reading -- waving of the 19 reading of our bill. 20 ACTING PRESIDENT BALBONI: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Connor, Senate Print 6009, an act to amend the 24 Emergency Tenant Protection Act of 1974. 25 ACTING PRESIDENT BALBONI: 1 Senator Markowitz. 2 SENATOR MARKOWITZ: Thank you 3 very, very much. 4 Fist off, let me thank my 5 colleague, Senator Skelos. Thank you - 6 efharisto -- for allowing us to bring this to 7 the floor at this time and also I'm proud to do 8 this on behalf of our leader, Senator Martin 9 Connor, and it's only fitting that I have this 10 opportunity because the ingenuity of some 11 building owners in New York City, property 12 owners in New York City, landlords, is 13 unbelievable. Some of them will go to great 14 heights to go around the law and create new ways 15 of raising rents for tenants in the city of New 16 York, and the reason why I present this this 17 afternoon is that potentially a problem exists 18 among some landlords that have begun to create a 19 law -- a regulation in their buildings that 20 indeed endangers tenants' rents and that 21 provides less space for more rents, and let me 22 explain what I mean. 23 Right now the landlords can only 24 receive upon vacancies in apartments that are 25 less than $2,000 a month that are under rent 1 regulations which we call affectionately rent 2 stabilization, that they're only permitted a 3 certain vacancy allowance and a normal lease 4 increase depending upon their choice of a one 5 or two-year lease and that is the rent that is 6 set by the rent guidelines barred and empowered 7 by our laws in the state Division of Housing. 8 Now, what some owners are doing 9 -- few at this moment but unless we close this 10 horrible loophole it could be more dramatic in 11 the future. In the lust for some unscrupulous 12 owners to reach the threshold of $2,000 a month 13 rent, which for them is heaven, meaning that at 14 that point the apartment is totally decontrolled 15 and the landlord can charge anything he or she 16 has ever dreamt of and can possibly get from a 17 prospective tenant, what they have done is to 18 try to create in that rental system changing the 19 size of the apartments because the -- when I say 20 "changing the size of the apartment", I don't 21 mean giving the new tenant more space for more 22 money but rather more rent and less space 23 because there's a policy within the state 24 Division of Housing that reads, when an owner 25 significantly changes the parameter and 1 dimensions of an existing housing accommodation, 2 then they can apply to make that new tenant pay 3 market rent or first rent, which means that the 4 landlord would be able to go beyond the 5 guidelines that we have set and charge that new 6 tenant anything they can get and then that 7 apartment falls under rental stabilization and 8 the way the owners are doing it is taking, let's 9 say a two-bedroom apartment -- look how 10 brilliant these guys are. Are they not 11 brilliant? They take a two-bedroom apartment 12 and then decide to make it a one-bedroom 13 apartment and use that other bedroom, put up 14 that beautiful Sheetrock and make it into a 15 janitor's room for the laundry and for the 16 brooms and mops and vacuum cleaners, rent it out 17 as a one-bedroom apartment and then say to the 18 state Division of Housing that this apartment 19 has now met your threshold and, therefore, we 20 believe that the apartment has changed its 21 dimensions and should, therefore, now be 22 decontrolled as far as first rent where I can 23 charge anything I want, then the apartment goes 24 under rental stabilization again. 25 Now look what happens. Two years 1 later that tenant that paid this enormously high 2 rent moves out. The owner then takes the wall 3 off of that separate bedroom and rents it to the 4 new tenants with a second bedroom and then that 5 same owner goes to the state division and says 6 that this apartment is no longer a one-bedroom 7 but is now a two-bedroom, and now I'm entitled 8 to first rent market rent. 9 Now, you can see clearly, I hope 10 I've described it as best I could, that this 11 could threaten tenants living in moderate to 12 middle income housing in New York City but 13 unless we pass this legislation today, we are 14 enabling the possibility of greater abuse by 15 unscrupulous owners to get around the law and to 16 try to reach as quickly as possible that $2,000 17 level of rent for tenants in New York City and 18 thereby meet the decontrol laws, which is what 19 they seek. 20 Now, I know that Senator Skelos 21 allowing me to do this today and your courtesy 22 on behalf of our leader, Senator Connor, means 23 that I know you feel and have a sensitivity for 24 the subject, and I know that as I look around 25 the room, Senator Spano and certainly Senator 1 Goodman, I'm sure and Senator Velella and 2 Senator Padavan, my dear colleague and others 3 that are concerned -- Senator Maltese and maybe 4 even Senator Trunzo that are concerned with the 5 plight and the continued challenges that tenants 6 face living in a very crowded congested city 7 with not nearly enough apartments to meet the 8 needs, especially for those that are not able to 9 live in Trump Tower and some of those buildings, 10 that this legislation is needed today so that 11 landlords know that they cannot reduce the space 12 in these apartments for new tenants to get 13 around the law and claim that it's a new 14 apartment when, in fact, what they're doing is 15 taking the same apartment, reducing the space so 16 that they can charge more and, therefore, 17 revolve around or move around the laws that this 18 Legislature approved last year and in previous 19 years. 20 And so I ask for the 21 consideration of the Senate. I ask you to join 22 me in this. This is the proper thing to do. 23 It's the right thing to do, and I ask for your 24 affirmative vote this afternoon. 25 ACTING PRESIDENT BALBONI: All in 1 favor of accepting the motion to discharge 2 signify by saying aye. 3 (Response of "Aye".) 4 SENATOR STACHOWSKI: Party vote 5 in the affirmative. 6 SENATOR SKELOS: Party vote in 7 the negative. 8 ACTING PRESIDENT BALBONI: The 9 Secretary will record the party votes. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 25, nays 35. 12 Party vote. 13 ACTING PRESIDENT BALBONI: The 14 motion is defeated. 15 Senator Markowitz. 16 SENATOR MARKOWITZ: I promised 17 Senator Gold, he said to me that if I got one or 18 two members of the Republican Party to vote my 19 way, that I would become a real star in this 20 Capitol. 21 ACTING PRESIDENT BALBONI: Not 22 today. 23 SENATOR GOLD: Mr. President. 24 ACTING PRESIDENT BALBONI: 25 Senator Gold. 1 SENATOR GOLD: I want to be 2 fair. Marty, it wasn't your fault. You did 3 great. 4 ACTING PRESIDENT BALBONI: So 5 noted. 6 SENATOR SKELOS: Results, 7 please. 8 ACTING PRESIDENT BALBONI: The 9 motion is defeated. 10 SENATOR SKELOS: Please recognize 11 Senator Padavan. 12 ACTING PRESIDENT BALBONI: 13 Senator Padavan. 14 SENATOR PADAVAN: Yes, Mr. 15 President. I would like to be recorded in the 16 negative on Calendar Number 484, Senate Bill 17 3680. 18 Thank you. 19 ACTING PRESIDENT BALBONI: 20 Without objection. 21 Senator LaValle. 22 SENATOR LAVALLE: Mr. President, 23 may I have unanimous consent to be recorded in 24 the negative on Calendar Bill Number 484. 25 ACTING PRESIDENT BALBONI: 1 Without objection. 2 Senator Stachowski. 3 SENATOR STACHOWSKI: Mr. 4 President, we had another motion scheduled to go 5 today by Senator Leichter but with the gracious 6 consideration of the Majority, we would like to 7 roll that over 'til tomorrow. 8 SENATOR SKELOS: No objection. 9 ACTING PRESIDENT BALBONI: No 10 objection, so ordered. 11 Senator Gentile. 12 SENATOR GENTILE: Yes, Mr. 13 President. I would ask for unanimous consent to 14 be recorded in the negative on Number 484. 15 ACTING PRESIDENT BALBONI: 16 Without objection. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT BALBONI: 19 Senator Skelos. 20 SENATOR SKELOS: There's going to 21 be a conference of the Majority at 4:15. 22 ACTING PRESIDENT BALBONI: 23 Senator Stachowski. 24 SENATOR STACHOWSKI: Yes, Mr. 25 President. There will be a conference of the 1 Minority at 4:15. 2 SENATOR SKELOS: The Senate will 3 stand at ease. 4 ACTING PRESIDENT BALBONI: The 5 Senate will stand at ease. There will be a 6 conference -- Majority Conference at 4:15 in the 7 Majority Conference Room and also a conference 8 by the Minority at the same time. The house 9 stands at ease. 10 (Whereupon, the Senate stood at 11 ease from 3:58 p.m. until 5:04 p.m.) 12 SENATOR SKELOS: Mr. President, 13 there being no further business, I move we 14 adjourn until Wednesday, April 8th, at 3:00 p.m. 15 ACTING PRESIDENT STACHOWSKI: The 16 Senate stands adjourned 'til Wednesday, April 17 8th, at 3:00 p.m. The Senate stands adjourned. 18 (Whereupon, at 5:05 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25