Monday, February 8, 1993

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 8, 1993 10 2:51 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR STAN LUNDINE, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: Senate will come 3 to order. Ask the Senators to find their 4 places. I would like to ask everyone to rise 5 and repeat the Pledge of Allegiance with me. 6 (Whereupon the Senate joined in 7 the Pledge of Allegiance to the Flag. ) 8 Please be seated. 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (Whereupon there was a moment of 12 silence. ) 13 Thank you. The Secretary will 14 read the Journal. 15 SENATOR MEGA: Mr. President. 16 THE PRESIDENT: Senator Mega. 17 SENATOR MEGA: I would like to 18 announce an immediate meeting of the Judiciary 19 Committee in Room 302. Judiciary Committee in 20 Room 302. Thank you. 21 332. Thank you. 22 THE PRESIDENT: 332, immediate 23 meeting of the Judiciary Committee. 1 Now we will read the Journal, 2 please, Mr. Secretary. 3 THE SECRETARY: In Senate, 4 Friday, February 5. The Senate met pursuant to 5 adjournment. Senator Farley in the chair upon 6 designation of the Temporary President. The 7 Journal of Thursday, February 4, was read and 8 approved. On motion, Senate adjourned. 9 THE PRESIDENT: Hearing no 10 objection, the Journal stands approved as read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 The Calendar. 20 THE SECRETARY: On page 4, 21 Calendar Number 12, by Senator Halperin, Senate 22 Bill Number 106A, an act to amend the Penal Law, 23 in relation to increasing the penalties for 1 loitering. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 37. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 34, by Senator Bruno, Senate Bill Number 240, an 13 act to amend the General Obligations Law, in 14 relation to additional liability. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 37. 22 THE PRESIDENT: The bill is 23 passed. 1 THE SECRETARY: Calendar Number 2 35, by Senator Stafford, Senate Bill Number 442, 3 an act to amend the Real Property Law, in 4 relation to authorizing a voluntary 5 administration to execute a discharge of 6 mortgage. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 38. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 38, by Senator Skelos, Senate Bill Number 631, 18 an act to amend the Executive Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 38. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 40, by Senator Levy, Senate Bill Number 73, an 7 act to amend the Vehicle and Traffic Law, in 8 relation to pedestrian right of way in cross 9 walks. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 38. Nays 17 1. Senator Kuhl recorded - 18 Ayes 37. Nays 2. Senator Kuhl 19 and Senator Wright recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 41, by Senator Levy, Senate Bill Number 74, an 1 act to amend the Highway Law and the Executive 2 Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 39. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 42, by Senator Levy, Senate Bill Number 78, an 14 act to amend the General Business Law, in 15 relation to disclosure of insurance coverage. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 38. Nays 23 1. Senator DeFrancisco recorded in the 1 negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 43, by Senator Stafford, Senate Bill Number 435. 6 SENATOR GOLD: Lay it aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 THE SECRETARY: Calendar Number 10 44, by Senator LaValle, Senate Bill Number 610, 11 an act to amend the Vehicle and Traffic Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 40. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 45, by Senator Saland, Senate Bill Number 678, 23 an act to amend the Highway Law. 1 SENATOR GOLD: Lay it aside. 2 THE PRESIDENT: The bill is laid 3 aside. 4 That completes action on the 5 non-controversial calendar. 6 Senator Present. Senate will be 7 in order. 8 SENATOR PRESENT: Mr. President. 9 Will you call up Calendar 45, please. 10 THE PRESIDENT: Secretary will 11 road. 12 THE SECRETARY: On page 5, 13 Calendar Number 45, by Senator Saland, Senate 14 Bill Number 678, an act to amend the Highway 15 Law, in relation to state arterial highways in 16 the city of beacon. 17 SENATOR GOLD: Can we have a 18 short explanation? 19 THE PRESIDENT: Request for a 20 short explanation. Senator Saland. 21 SENATOR SALAND: Thank you, Mr. 22 President. As my colleague Senator Larkin says, 23 it's a good bill, Senator. But let me tell you 1 as briefly as I can. 2 There is a section of Route 9D 3 which is a state road which runs through the 4 city of Beacon, a portion of which was in effect 5 abandoned by the state. The state effectively 6 said to the city of Beacon usual take over this 7 strip of Route 9D which just happened to be a 8 strip that had a bridge on it, a bridge that was 9 in need of repair. 10 The city of Beacon feels, I think 11 with justification, that inasmuch as that's part 12 of, really, Route 9D, inasmuch as they really 13 didn't ask for the responsibility of the bridge, 14 that it would be appropriate for those repairs 15 to be made by the state, who was responsible for 16 it for all those so many years. 17 SENATOR GOLD: Mr. President. 18 THE PRESIDENT: Senator Gold. 19 SENATOR GOLD: In spite of the 20 comments of Senator Larkin, I may vote for it 21 anyway, but I wanted to point out that there is 22 a memorandum in opposition by the Department. 23 Are you aware of that, Senator? 1 SENATOR SALAND: No, I'm not, but 2 it wouldn't surprise me. 3 SENATOR GOLD: All right. I just 4 wanted to point that out. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 41. Nays 12 2. Senators Dollinger and Jones recorded in the 13 negative. 14 THE PRESIDENT: The bill is 15 passed. 16 Senator Present. 17 SENATOR PRESENT: Mr. President. 18 I would like the chamber to stand at ease for a 19 few minutes. 20 THE PRESIDENT: Senate will stand 21 at ease. 22 SENATOR GOODMAN: Mr. President. 23 THE PRESIDENT: Senate will come 1 to order. Senator Goodman. 2 SENATOR GOODMAN: Mr. President. 3 There will be an immediate meeting of the Senate 4 Committee on Investigations, Taxation and 5 Government Operations just outside the chamber 6 in the anteroom for the convenience of the 7 Senators. That meeting will commence 8 immediately. Thank you. 9 THE PRESIDENT: Senator Present. 10 SENATOR PRESENT: Mr. President. 11 We will stand at ease awaiting that committee's 12 report. 13 SENATOR PRESENT: Mr. President. 14 ACTING PRESIDENT FARLEY: Senate 15 will to to order. Senator Present. 16 SENATOR PRESENT: Mr. President. 17 The meeting that was previously called by 18 Senator Goodman will be held in Room 332. 19 ACTING PRESIDENT FARLEY: 20 Senator, hold on. I don't think you can be 21 heard. I'd ask that you hold the conversations 22 down. 23 Senator Present. 1 SENATOR PRESENT: Mr. President. 2 A few moments ago, Senator Goodman called a 3 meeting of his committee. That meeting is going 4 to be held in Room 332, immediately. 5 ACTING PRESIDENT FARLEY: Senator 6 Goodman's meeting will be held in Room 332, 7 immediately. 8 (Whereupon, at 3:05 p.m., Senate 9 was at ease.) 10 (Whereupon at 4:34 p.m., the 11 Senate reconvened. ) 12 THE PRESIDENT: Senate will come 13 to order. 14 Senator Present. 15 SENATOR PRESENT: Mr. President. 16 Can we return to report of standing committees. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: Senator Trunzo 20 from the Committee on Civil Service and Pensions 21 reports the following bills directly for third 22 reading: 23 Senate Bill Number 582, by 1 Senator Trunzo and others, an act to amend the 2 Civil Service Law. 3 Senate Bill 934, by Senator Bruno 4 and others, Civil Service Law, in relation to 5 authorized absence for volunteer firefighters. 6 Also, Senate Bill Number 1278, by 7 Senator Trunzo and others, Civil Service Law. 8 Senator Daly from the Committee 9 on Corporations, Authorities and Commissions 10 reports the following bills directly for third 11 reading: 12 Senate Bill Number 92, by Senator 13 Maltese and others, Public Authorities Law. 14 Senate Bill Number 134, by 15 Senator Padavan, an act to amend the Public 16 Authorities Law and the State Finance Law. 17 725, by Senator Babbush and 18 others, amends Chapter 606 of the Laws of 1902. 19 Senate Bill Number 1141, by 20 Senators Volker and Present, an act to amend the 21 Business Corporation Law. 22 Senate Bill Number 1272, by 23 Senator Marchi, Not-For-Profit Corporation Law. 1 And Senate Bill Number 1530, by 2 Senator Nozzolio, an act to amend Chapter 108 of 3 the Laws of 1924. 4 Senator Mega, from the Committee 5 on Judiciary reports the following bill 6 directly: 7 Senate Bill Number 1650, by 8 Senator Marino, proposing amendment to the 9 Constitution. 10 THE PRESIDENT: Without 11 objection, third reading. 12 THE SECRETARY: Senator Goodman, 13 from the Committee on Investigations, Taxation 14 and Government Operations reports the following 15 bills directly for third reading: 16 Senate Bill Number 1509, by 17 Senator Daly, an act to amend the Tax Law, in 18 relation to sales and use taxes to be imposed in 19 the county of Monroe. 20 Also, Senate Bill Number 1751, by 21 Senator Volker, an act to amend Chapter 3 of the 22 Laws of 1993, amending the Tax Law. 23 Both bills reported directly for 1 third reading. 2 THE PRESIDENT: Without 3 objection, third reading. 4 Senator Present. 5 SENATOR PRESENT: Mr. President. 6 Call up 1508, please. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 46, Senate Bill Number 1508, by Senator Daly, an 11 act to amend the Tax Law, in relation to sales 12 and use taxes to be imposed in the county of 13 Monroe. 14 THE PRESIDENT: Explanation is 15 requested. Senator Daly. 16 SENATOR DALY: Mr. President. 17 This is a chapter amendment to a bill we passed 18 two weeks ago which would allow the county of 19 Monroe to increase its sales tax from 7-1/2 to 8 20 percent. The most important part of this bill 21 establishes that the revenues from the 1 22 percent, total 1 percent, are to be divided with 23 75 percent to Monroe County solely for county 1 purposes, 25 percent being split between the 2 school districts and the cities and towns in 3 Monroe County. 4 It also extends the sales tax 5 from December 1st, 1993, to November 30, 1995. 6 SENATOR DOLLINGER: Will Senator 7 Daly yield? 8 THE PRESIDENT: Senator 9 Dollinger. 10 SENATOR DALY: I will yield. 11 SENATOR DOLLINGER: Senator Daly, 12 I just have a couple quick questions. One is, 13 as I understand the bill, Section 3 will be a 14 sort of free-floating provision. I'm, as a 15 newcomer, I guess not familiar with it. 16 SENATOR DALY: I'm sorry. Mr. 17 President. I can't hear the Senator. 18 SENATOR DOLLINGER: Excuse me. 19 As I understand it, Section 3 of the combined 20 Senate/Assembly Bill 1508 and 2570, Section 3, 21 which is the section that deals with the 22 distribution formula, talks about the concept of 23 distribution. As I understand, that is going to 1 be a free-floating bill. That is not going to 2 be a amendment to any provision of the Tax Law; 3 is that correct? 4 SENATOR DALY: Yes, it is. 5 SENATOR DOLLINGER: I guess I 6 just don't understand why it is free floating 7 and not appended to a portion of the Tax Law. 8 SENATOR DALY: Basically, that 9 section of the bill allows -- I should say, it 10 distributes the tax monies, the additional 1 11 percent that the county derives after December 12 1st of this year. Between now and December 1st, 13 all of the monies go to the county of Monroe. 14 After December 1st, the monies are then split on 15 a 75-25 basis. 16 SENATOR DOLLINGER: Okay. I 17 guess my question is why that portion of this 18 bill is not appended to a portion of the Tax 19 Law. 20 SENATOR DALY: Pardon me. I am 21 told, Mr. President, that since this is a 22 temporary part and not a permanent part of the 23 Tax Law; in other words, this extends from 1 December 1, 1993, until December 1, 1995, if 2 before December 1, 1994, the county authorizes 3 the continued breakdown of those monies. It is 4 not a permanent part of the Tax Law because it 5 expires on December 1, 1995. 6 SENATOR DOLLINGER: Thank you, 7 Mr. President. 8 THE PRESIDENT: Last section. 9 Oh, I'm sorry. Senator Dollinger. 10 SENATOR GOLD: Senator, do you 11 want to speak on the bill itself? 12 THE PRESIDENT: Senator Dollinger 13 is recognized. 14 SENATOR DOLLINGER: Again, 15 apologize for my lack of familiarity with the 16 process. 17 This is a bill I rise to speak in 18 favor of. This is a compromise, as most of you 19 know, that has been wrought out over the course 20 of the last couple of weeks since we first 21 looked at a sales tax bill for Monroe County. 22 When I voted against the first edition of this 23 proposal, I did so because, although the 1 discussion was by some that this should have 2 been home rule, I think this is real home rule. 3 This is the product of a 4 compromise between members of delegations and 5 local officials about how best to distribute the 6 taxing power and the taxing wealth in Monroe 7 County. It is my hope that in the future - 8 there are already discussions between the people 9 who are involved in this process -- that there 10 will be a further conference regarding the 11 taxing power and that we'll look at the spending 12 of a potential income tax, sales tax and 13 property taxes throughout Monroe County. 14 It is my hope that this is the 15 first step in greater accord and greater 16 understanding in giving true meaning to the 17 principle of home rule. 18 I will vote in favor, Mr. 19 President. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 56. Nays 4 1. Senator Libous recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 47, by Senator Volker, Senate Bill Number 1751, 9 an act to amend a Chapter of the Laws of 1993 10 amending the Tax Law. 11 SENATOR PRESENT: Mr. President. 12 THE PRESIDENT: Senator Present. 13 SENATOR PRESENT: Is there a 14 message of necessity at the desk? 15 THE PRESIDENT: There is a 16 message at the desk. 17 SENATOR PRESENT: I move we 18 accept the message. 19 THE PRESIDENT: On the motion. 20 All those in favor, say aye. 21 (Response of "Aye.") 22 Those opposed, nay. 23 (There was no response. ) 1 The ayes have it. The motion is 2 agreed to. The message is accepted. 3 Senator Volker. 4 SENATOR VOLKER: Yes, just very 5 quickly in explanation. This bill is just a 6 chapter amendment to the enabling legislation 7 for the sales tax in Erie County that we passed 8 I guess several weeks ago. What happened is the 9 county Legislature missed the deadline, and this 10 extends the deadline to February 11 and gives 11 them a little more time to get their act 12 together and pass it. That's all it does. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 56. Nays 20 1. Senator Libous recorded in the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 Senator Present. 1 SENATOR PRESENT: Mr. President. 2 There being no further business, I move that we 3 adjourn until tomorrow at 3:00 p.m. 4 THE PRESIDENT: Senate stands 5 adjourned. 6 (Whereupon at 4:42 p.m., the 7 Senate adjourned. ) 8 9 10 11 12 13 14 15 16 17