Wednesday, May 12, 1993

3580 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 12, 1993 11 12:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 3581 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will find their 4 seats. 5 Please rise for the Pledge of 6 Allegiance. 7 (Whereupon the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 In the absence of visiting 10 clergy, we will bow our heads for a moment of 11 silent prayer. 12 (Whereupon there was a moment of 13 silence. ) 14 The Secretary will begin by 15 reading the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday May 11th. The Senate met pursuant to 18 adjournment. The Journal of Monday, May 10, was 19 read and approved. On motion, Senate adjourned. 20 ACTING PRESIDENT FARLEY: Hearing 21 no objection, the Journal will stand approved as 22 read. 23 The order of business: 3582 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Libous. 10 SENATOR LIBOUS: Yes, Mr. 11 President. 12 ACTING PRESIDENT FARLEY: 13 Whoops! Senator Present. 14 SENATOR PRESENT: Whoop. 15 ACTING PRESIDENT FARLEY: Sorry. 16 SENATOR PRESENT: It's all 17 right. Go ahead. 18 SENATOR LIBOUS: Thank you, Mr. 19 President and Senator Present. 20 On behalf of Senator Johnson, I 21 want to star Calendar Number 438. 22 ACTING PRESIDENT FARLEY: The 23 bill is starred at the request of the sponsor. 3583 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 will you recognize Senator Volker, please. 4 SENATOR VOLKER: Mr. President, I 5 believe there is a privileged resolution at the 6 desk, and I would appreciate it if you would 7 read the title of the resolution, please. 8 ACTING PRESIDENT FARLEY: The 9 Secretary will read the title of Senator 10 Volker's resolution. 11 THE SECRETARY: Legislative 12 Resolution, by Senator Volker and others. 13 Legislative Resolution commending Mr. Marv Levy 14 for his leadership and commitment as Head Coach 15 of the Buffalo Bills. 16 SENATOR VOLKER: Mr. President. 17 Let me just say, first of all, I believe that 18 all the Western New York people -- they should 19 be -- are on this resolution. And anyone else 20 that would like to go on, I can assure my Jet 21 fans and Giant fans, or whatever, that there is 22 nothing derogatory in this resolution about any 23 other football team or individual. This is 3584 1 strictly a resolution commending Marv Levy. 2 He is to be recognized at an 3 award presentation in Buffalo on the 18th of 4 May, and Assemblyman Eve and myself thought it 5 would be appropriate for us to do a legislative 6 resolution commending him. So if there is 7 anybody who would like to go on this resolution 8 also, we would be willing to do it. 9 ACTING PRESIDENT FARLEY: 10 Approach the desk. 11 SENATOR GOLD: Mr. President. 12 ACTING PRESIDENT FARLEY: Senator 13 Gold, why do you rise? 14 SENATOR GOLD: I would like to go 15 on the resolution because Senator Stachowski has 16 convinced me that the Bills are the only New 17 York State football team. So I certainly want 18 to be supportive. 19 ACTING PRESIDENT FARLEY: All in 20 favor of the resolution, say aye. 21 (Response of "Aye.") 22 Those opposed, nay. 23 (There was no response. ) 3585 1 The resolution is adopted. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 will you recognize Senator Padavan, please. 5 ACTING PRESIDENT FARLEY: Senator 6 Padavan. 7 SENATOR PADAVAN: Yes, Mr. 8 President. I believe you have a privileged 9 resolution. I request that it be read and 10 adopted. 11 ACTING PRESIDENT FARLEY: We do. 12 THE SECRETARY: Legislative 13 Resolution, by Senator Padavan, congratulating 14 Brigadier General Francis T. Terrill upon 15 receiving command of the 77th United States Army 16 Reserve Command. 17 SENATOR PADAVAN: Move its 18 adoption. 19 ACTING PRESIDENT FARLEY: All in 20 favor of adopting the resolution, say aye. 21 (Response of "Aye.") 22 Those opposed, nay. 23 (There was no response. ) 3586 1 The resolution is adopted. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 will you recognize Senator Maltese, please. 5 ACTING PRESIDENT FARLEY: Senator 6 Maltese. 7 SENATOR MALTESE: Mr. President, 8 I believe you have a privileged resolution at 9 the desk. I ask that its title be read and move 10 for its immediate adoption. 11 SENATOR PADAVAN: Mr. President, 12 I wish to step back just for a moment. If any 13 member of the body would like to be a sponsor of 14 that resolution. 15 ACTING PRESIDENT FARLEY: Senator 16 Padavan's resolution is open to anyone in the 17 house if you wish to go on it. 18 The Secretary will read Senator 19 Maltese's resolution title. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Maltese and others, 22 mourning the death of F. Clifton White, 23 distinguished citizen. 3587 1 ACTING PRESIDENT FARLEY: All in 2 favor of the resolution, say aye. 3 (Response of "Aye."). 4 Those opposed, nay. 5 (There was no response. ) 6 The resolution is adopted. 7 Senator Present. 8 SENATOR PRESENT: Mr. President, 9 will you recognize Senator Libous, please? 10 ACTING PRESIDENT FARLEY: Senator 11 Libous. 12 SENATOR LIBOUS: Thank you, Mr. 13 President. I believe there is a privileged 14 resolution at the desk. I ask that its title be 15 read and I move for its immediate adoption, 16 please. 17 ACTING PRESIDENT FARLEY: 18 Secretary will read Senator Libous' resolution. 19 THE SECRETARY: Legislative 20 Resolution, by Senator Libous, commemorating the 21 dedication of the Binghamton University Small 22 Business Development Center as the Jack McGuire 23 Small Business Development Center at a ceremony 3588 1 to take place on May 14, 1993. 2 ACTING PRESIDENT FARLEY: All 3 those in favor of adopting the resolution, say 4 aye. 5 (Response of "Aye.") 6 Those opposed, nay. 7 (There was no response. ) 8 The resolution is adopted. 9 Senator Present. 10 SENATOR PRESENT: Mr. President, 11 would you call on Senator Saland, please. 12 ACTING PRESIDENT FARLEY: Senator 13 Saland. 14 SENATOR SALAND: Thank you, Mr. 15 President. I believe also there is a privileged 16 resolution at the desk. I would ask that its 17 title be read and move its adoption. 18 ACTING PRESIDENT FARLEY: 19 Secretary will read Senator Saland's resolution. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Saland, honoring 22 Investigator Gregory J. Harland upon the 23 occasion of his designation as recipient of the 3589 1 Superintendent's Commendation Award on Thursday 2 May 13, 1993. 3 ACTING PRESIDENT FARLEY: All in 4 favor of adopting the resolution, say aye. 5 (Response of "Aye.") 6 Those opposed, nay. 7 (There was no response. ) 8 The resolution is adopted. 9 We have some substitutions, 10 Senator Present. 11 SENATOR PRESENT: Mr. President, 12 let's do the housekeeping, then go to 13 non-controversial. 14 ACTING PRESIDENT FARLEY: All 15 right. The Secretary will read the 16 substitutions. 17 THE SECRETARY: On page 7 of 18 today's calendar, Senator Sears moves to 19 discharge the Committee on Transportation from 20 Assembly Bill Number 6169 and substitute it for 21 the identical Calendar Number 755. 22 ACTING PRESIDENT FARLEY: 23 Substitution ordered. 3590 1 THE SECRETARY: On page 8, 2 Senator Levy moves to discharge the Committee on 3 Transportation from Assembly Bill Number 793A, 4 and substitute it for the identical Calendar 5 Number 768. 6 ACTING PRESIDENT FARLEY: 7 Substitution is ordered. 8 THE SECRETARY: On page 15, 9 Senator Cook moves to discharge the Committee on 10 Health from Assembly Bill Number 4966 and 11 substitute it for the identical Calendar Number 12 826. 13 ACTING PRESIDENT FARLEY: 14 Substitution is ordered. 15 THE SECRETARY: On page 15, 16 Senator Tully moves to discharge the Committee 17 on Social Services from Assembly Bill Number 18 2200 and substitute it for the identical 19 Calendar Number 831. 20 ACTING PRESIDENT FARLEY: 21 Substitution is ordered. 22 THE SECRETARY: On page 19, 23 Senator Maltese moves to discharge the Committee 3591 1 on Codes from Assembly Bill Number 6449 and 2 substitute it for the identical Calendar Number 3 863. 4 ACTING PRESIDENT FARLEY: 5 Substitution is ordered. 6 Senator Libous, do you have a 7 motion? 8 SENATOR LIBOUS: Thank you, Mr. 9 President. If we can return back to motions, I 10 have some housekeeping. 11 ACTING PRESIDENT FARLEY: Sure. 12 SENATOR LIBOUS: I would like to 13 remove a sponsor star on my bill, Calendar 14 Number 581. 15 ACTING PRESIDENT FARLEY: Star is 16 removed at the request of the sponsor. 17 SENATOR LIBOUS: And on behalf of 18 my colleague and friend, Senator Norman Levy, I 19 would like to, on page 47, offer the following 20 amendments to Calendar Number 277, Assembly 21 Print Number 195B and ask that said bill retain 22 its place on the Third Reading Calendar. 23 ACTING PRESIDENT FARLEY: So 3592 1 ordered. 2 Senator Saland. 3 SENATOR SALAND: Thank you, Mr. 4 President. On page 38, I would like to place a 5 sponsor star on Calendar Number 644, Senate 6 4560. 7 ACTING PRESIDENT FARLEY: Bill is 8 starred at the request of the sponsor. 9 Are there any other motions on 10 the floor? 11 (There was no response. ) 12 Hearing none, Senator Present, we 13 are ready for the non-controversial. 14 SENATOR PRESENT: Continue with 15 the non-controversial, please. 16 ACTING PRESIDENT FARLEY: 17 Secretary will read. 18 THE SECRETARY: On page 24, 19 Calendar Number 56, by Senator Marchi, Senate 20 Bill Number 1272A, an act to amend the 21 Not-for-Profit Corporation Law. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 3593 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 39. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 334, by Senator Saland. 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 500, by Senator Cook, Senate Bill Number 3031A, 16 an act to amend the Real Property Law, in 17 relation to when a conveyance shall not be 18 accepted. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 3594 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: 42. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 601, by Senator Velella, Senate Bill Number 8 4049, an act to amend the Insurance Law, in 9 relation to risk-based capital requirements. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 42. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 608, by Senator Trunzo, Senate Bill Number 4592, 22 an act to amend the Civil Service Law. 23 SENATOR GOLD: Lay it aside. 3595 1 ACTING PRESIDENT FARLEY: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 626, by Senator Sears, Senate Bill Number 4208, 5 an act to amend the Agriculture and Markets Law, 6 in relation to requirements for unit pricing of 7 consumer commodities. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 42. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 635, by Senator DeFrancisco, Senate Bill Number 20 4485, authorizing the city of Syracuse to 21 replace residential water service pipes. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 3596 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 42. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: May I 11 explain my vote. 12 ACTING PRESIDENT FARLEY: Without 13 objection. 14 SENATOR DeFRANCISCO: I just 15 wanted to explain that what this bill does 16 because it became very topical. In fact, today 17 in today's USA Today reports that 819 cities 18 have a lead pipe risk and also an article in the 19 New York Times which indicates that there are 20 substantial cities throughout the state of New 21 York including Utica, Yonkers, Mount Vernon, 22 Syracuse, New Rochelle, Jamaica, Buffalo, New 23 York and Elmira that exceed the standards of 3597 1 water purity, too much lead in the pipes. 2 Basically, all this bill would 3 do, and it became apparent to me when I was 4 president of the City Council, would give the 5 cities authority to do what they basically do in 6 sidewalks. If there is a sidewalk that's 7 defective adjacent to a property owner's home, 8 the city can replace the sidewalk and bill the 9 resident for this charge over a period of time 10 adding it to the tax rolls. This is basically 11 what this bill does for the city of Syracuse for 12 lead pipes; namely, as to that lateral pipe 13 going to the home, it authorizes the city to - 14 at the request of the home owner, to up-front 15 the money and spread the payments over time so 16 that those who cannot pay the up-front money can 17 have the capability of replacing these dangerous 18 pipes. 19 The reason I took the time to 20 mention this, it only applies in the city of 21 Syracuse, and I would think, in view of the 22 publicity and the concern throughout the 23 country, those of you have from other cities 3598 1 might want to consider an approach for your 2 locality. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 660, by Senator Daly. 7 SENATOR PRESENT: Lay it aside. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 661, by Senator Spano, Senate Bill Number 4337, 12 an act to amend the Social Services Law, in 13 relation to model waivers. 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT FARLEY: Lay it 16 aside. 17 THE SECRETARY: Calendar Number 18 662, by Senator Holland, Senate Bill Number 19 4479. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 3599 1 670, by Senator Libous, Senate Bill Number 4088, 2 an act to amend the Penal Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 42. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 673, by Senator Saland. 15 SENATOR GOLD: Lay it aside for 16 Senator Galiber. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 679, by Senator Stafford, Senate Bill Number 21 433, an act to amend the Highway Law, in 22 relation to abandonment of certain town 23 highways. 3600 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 682, by Senator Stafford, Senate Bill - 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 691, by Senator Halperin, Senate Bill Number 11 4094, an act to amend the Public Housing Law. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 492, by Senator Hannon, Senate Bill Number 4408, 3601 1 an act to amend the Private Housing Finance Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 44. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 696, by Senator Spano, Senate Bill Number 1410, 14 an act in relation to prohibiting the transfer 15 of or abandonment of real property. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 44. 3602 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 697, by Senator Spano, Senate Bill Number 2826, 5 an act to amend the Mental Hygiene Law, the 6 Social Services Law, and the Estate, Powers and 7 Trusts Law. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 700, by Senator Spano, Senate Bill Number 4466, 20 an act to amend the Mental Hygiene Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 3603 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 815, by Senator DeFrancisco, Senate Bill Number 10 4904, an act to amend the Tax Law, in relation 11 to establishment of flood victims tax credit. 12 SENATOR JONES: Lay it aside. 13 SENATOR GOLD: Lay it aside for 14 Senator Halperin. 15 ACTING PRESIDENT FARLEY: That's 16 the first time through, Senator Present. 17 SENATOR PRESENT: Mr. President, 18 let's take up the controversial calendar, 19 please. 20 ACTING PRESIDENT FARLEY: 21 Controversial. Secretary will read. 22 THE SECRETARY: On page 29, 23 Calendar Number 334, by Senator Saland - 3604 1 SENATOR GOLD: Last section. 2 ACTING PRESIDENT FARLEY: Last 3 section. 4 THE SECRETARY: -- Senate Bill 5 Number 796, an act to amend the General Business 6 Law. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: On page 37, 16 Calendar Number 608, by Senator Trunzo, Senate 17 Bill Number 4592, Civil Service Law. 18 SENATOR GOLD: Can we have a day 19 on this? 20 SENATOR PRESENT: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 3605 1 661, by Senator Spano, Senate Bill Number 4337, 2 an act to amend the Social Services Law. 3 SENATOR GOLD: Last section. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 662, by Senator Holland, Senate Bill Number 16 4479 - 17 SENATOR GOLD: Explanation. 18 THE SECRETARY: -- an act to 19 amend the Social Services Law. 20 SENATOR PRESENT: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 3606 1 673, by Senator Saland, Senate Bill Number 4417, 2 Criminal Procedure Law and the Family Court Act, 3 in relation to access to records. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 SENATOR GOLD: Hold it up. 7 ACTING PRESIDENT FARLEY: Hold it 8 up. 9 SENATOR GALIBER: Can we have an 10 explanation on this? 11 SENATOR PRESENT: Lay it aside 12 temporarily. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside temporarily. 15 THE SECRETARY: Calendar Number 16 679, by Senator Stafford, Senate Bill Number 17 433, an act to amend the Highway Law, in 18 relation to abandonment of certain town 19 highways. 20 SENATOR GOLD: Can we wait one 21 second? I'm trying to get somebody. 22 SENATOR PRESENT: Lay it aside 23 temporarily and come back to it. 3607 1 ACTING PRESIDENT FARLEY: Lay it 2 aside temporarily. 3 THE SECRETARY: Calendar Number 4 682, by Senator Stafford, Senate Bill 2399, an 5 act to amend the Highway Law, in relation to 6 control of vegetation within the right of way of 7 highways. 8 (Whereupon, Senator Kuhl was in 9 the chair.) 10 SENATOR PRESENT: Lay it aside 11 temporarily. 12 ACTING PRESIDENT KUHL: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 815, by Senator DeFrancisco, Senate Bill 4904, 16 an act to amend the Tax Law. 17 ACTING PRESIDENT KUHL: Last 18 section. 19 Senator Jones. 20 SENATOR JONES: Mr. President, 21 would the sponsor just yield to a question? 22 ACTING PRESIDENT KUHL: Senator 23 DeFrancisco? He yields. 3608 1 SENATOR JONES: I'm just 2 concerned. I continue to be concerned about 3 Monroe County and I was wondering if you have 4 any new information that indicates they will 5 eventually come under this bill and your other 6 bill that you - 7 SENATOR DeFRANCISCO: The way 8 that the bill reads presently is these tax 9 credits would go to individuals for 10 uncompensated expenses from the flood up to a 11 maximum of $5,000. The counties that are named 12 in the bill are obviously included, in addition 13 to any county after the bill was printed that 14 was designated by the SBA as a disaster area. 15 Those who have already been designated are 16 Herkimer, Lewis, Madison, Oneida, and Otsego. 17 Those are in. I just learned from Senator Kuhl 18 moments ago that Yates and Schuyler have been 19 approved. Pending are Monroe, Chemung, Genesee, 20 Livingston, Ontario, Orleans and Steuben. So as 21 soon as and if they are, in fact designated, 22 they will also be eligible. 23 ACTING PRESIDENT KUHL: Senator 3609 1 Solomon. 2 SENATOR SOLOMON: Mr. President, 3 will Senator DeFrancisco yield, please. 4 ACTING PRESIDENT KUHL: Does the 5 Senator yield? 6 SENATOR DeFRANCISCO: Yes. 7 ACTING PRESIDENT KUHL: Senator 8 does. 9 SENATOR SOLOMON: Senator, 10 regarding this legislation, is this specifically 11 related to one particular event? 12 SENATOR DeFRANCISCO: I barely 13 can hear you. I'm sorry. Can we have some 14 order? 15 ACTING PRESIDENT KUHL: Senator 16 raises a good point. May we have some order in 17 the house, please. 18 Senator Solomon. 19 SENATOR SOLOMON: Thank you. 20 Senator, is this specific legislation related to 21 one particular event? 22 SENATOR DeFRANCISCO: No. I 23 think what occurred, over the course of the 3610 1 winter, there was a record snowfall in Central 2 New York, and added to that record snowfall 3 which occurred over many, many months and record 4 rain in April of about eight inches of rain. 5 When those two things happened together, it 6 caused substantial flooding in each of the 7 counties. So I believe we are not talking about 8 an event that occurred on one day. It was over 9 a period of time. 10 And one other point I would like 11 to mention that this bill is identical to the 12 bill that we passed in this house earlier this 13 session providing tax credits to those victims 14 of the bombing at the World Trade Center, and 15 that was an event that occurred on one day, and 16 we felt that that was significant enough to 17 provide this relief. 18 SENATOR SOLOMON: Senator, if you 19 will continue to yield. I have not read the 20 entire bill so I'm just going off -- reading off 21 your memo. We in downstate in December had a 22 tremendous storm, northeaster, that affected 23 Kings County, Staten Island, Queens County, 3611 1 Nassau County and Suffolk County, where there 2 was substantial damage that impacted a number of 3 our businesses, a number of our home owners, et 4 cetera. Would any one of those people be 5 qualified or those businesses, rather, be 6 qualified for a tax credit under this bill? 7 SENATOR DeFRANCISCO: No. This 8 applies only to calendar year 1993. A similar 9 bill could have been or still can be, I would 10 imagine, introduced or requested. I was a 11 president of the City Council in December of 12 1992. 13 SENATOR SOLOMON: Thank you. On 14 the bill. I consider this a fairly decent piece 15 of legislation. However, downstate New York 16 suffered terribly. I think there were some 17 other counties, Westchester County probably, 18 suffered terribly during the December storm. In 19 parts of my district and the waterfront in Coney 20 Island, we had businesses who suffered 21 tremendous losses. Some of them were eligible 22 for SBA loans. We had some businesses that were 23 wiped out. We had a butcher who literally lost 3612 1 thousands upon thousands of dollars worth of 2 goods; and I suspect if you look at the entire 3 shoreline, a number of us had businesses that 4 lost substantial amounts of money that was not 5 compensated for or has not been compensated 6 for. And I believe that when you draw a piece 7 of legislation like this, it should be 8 sufficiently broad so it does not just cover the 9 particular area of the state. 10 And, unfortunately, the past 11 calendar year, the past 12 months, we have had 12 some tremendous problems created by weather, 13 including the flooding upstate obviously. Some 14 people may have suffered some damage from the 15 March snowstorm in other parts of the state. 16 And we downstate suffered tremendous damage from 17 that northeaster storm. 18 And I would think and hope that, 19 in the future, bills such as this encompass the 20 entire state of New York and not leave out 21 districts that stretch, in the instance of the 22 December storm, from the tip of Montauk Point 23 all the way through Kings County and Staten 3613 1 Island and lower Westchester County. 2 Thank you. 3 ACTING PRESIDENT KUHL: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 53. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 take up Calendar 662, please. 16 THE SECRETARY: Calendar Number 17 662, by Senator Holland, Senate Bill Number 18 4479, Social Services Law, in relation to abuse 19 of assistance and care. 20 SENATOR GALIBER: Explanation. 21 ACTING PRESIDENT KUHL: Explana 22 tion has been asked for, Senator Holland. 23 SENATOR HOLLAND: Mr. President. 3614 1 As you know, in the budget this year there was a 2 continuation of the fingerprinting program in 3 Onondaga and Rockland Counties. Just two weeks 4 ago, we passed a bill in this house that would 5 make fingerprinting mandatory throughout the 6 state of New York. 7 We have some questions as to 8 whether that bill is going to pass in the 9 Assembly, but we still believe that fraud and 10 abuse and testimony in the hearings we've had 11 still indicates that fraud and abuse could be up 12 to as much as ten percent of our Medicaid and 13 welfare budget in the state of New York. So we 14 believe we must still deliver the services to 15 the people that require the services, however, 16 do whatever we can to reduce the fraud and 17 abuse. 18 Therefore, we are introducing 19 another fingerprint bill that says individual 20 counties can opt into the fingerprint program on 21 their own. It would be a local option 22 fingerprint bill only for home relief and three 23 counties have already indicated their interest, 3615 1 that they would like to opt in. They are 2 Nassau, Suffolk and Erie. We would certainly, 3 if we can possibly do it, like to reimburse 4 these counties in the future if they opt in; but 5 in the meantime, they would be responsible for 6 paying for it also. 7 ACTING PRESIDENT KUHL: Senator 8 Leichter. 9 SENATOR LEICHTER: Will Senator 10 Holland yield? 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR LEICHTER: We debated 14 this whole issue of fingerprinting earlier this 15 session. I remember Senator Galiber spoke very 16 eloquently and very perceptively on it, and I 17 don't want to revisit that whole lengthy debate, 18 but one of the points that I thought was telling 19 was that we now have a demonstration program 20 going on, which we established, and I think many 21 of us on this side of the aisle even went along 22 with the idea. Fine, let's have a demonstration 23 program and let's see what it shows. And as I 3616 1 recollect -- that's really my question to you - 2 those demonstration programs have not concluded, 3 very they? 4 SENATOR HOLLAND: Have not what, 5 sir? 6 SENATOR LEICHTER: Have not 7 concluded. We don't have the report from these 8 demonstration programs, right? 9 SENATOR HOLLAND: They have not 10 concluded because we just extended it in the 11 budget, Senator, but we do have a report that 12 was issued in March, I believe, as required by 13 the first bill that was passed. 14 SENATOR LEICHTER: Senator, will 15 you be so good as to yield some more. 16 SENATOR HOLLAND: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 continues to yield. 19 SENATOR LEICHTER: The reports 20 that we have, whether they're interim reports or 21 preliminary reports, whatever, my understanding 22 was -- I haven't seen them, but that's what I 23 gathered from the debate and the discussions, 3617 1 that they really didn't show that there were any 2 great savings if any savings at all. Isn't that 3 correct? 4 SENATOR HOLLAND: Yes, that is 5 absolutely correct, Senator. By putting a 6 fingerprint demonstration program in county of 7 Rockland which only has one entry point, we are 8 not going to eliminate a lot of people although 9 we have eliminated a few. What we need to do in 10 this state, and I think most people agree with 11 us on this, Senator, is we have to have 12 fingerprinting at least in the major population 13 areas where the major number of welfare 14 recipients reside in order to eliminate people 15 who are double dipping into the system and 16 reduce the fraud and abuse. It's certainly good 17 to have it in Rockland and Onondaga County to 18 show that the system works as it has in Los 19 Angeles. We need to expand it. 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Leichter. 23 SENATOR LEICHTER: Just briefly 3618 1 on the bill. 2 ACTING PRESIDENT KUHL: On the 3 bill. 4 SENATOR LEICHTER: Colleagues on 5 the other side of the aisle strike me as being 6 so committed to a particular conclusion and they 7 were so sure of it they said, "Set up a 8 demonstration project." Now that demonstration 9 project doesn't establish what they thought it 10 would. So they say, "Well, it wasn't a good 11 demonstration project. Let's go ahead and have 12 some other demonstration projects." 13 Senator, I think we ought to 14 conclude the demonstration projects that we set 15 up which was in Onondaga County and Rockland 16 Counties. That was the recommendation of the 17 department. Let's see what it shows. Maybe 18 then we can make an assessment. Maybe we can 19 conclude as you seem to jump to the conclusion 20 that they were not good demonstration projects 21 and that we need to have other demonstration 22 projects, but we certainly ought to finish what 23 we started before jumping ahead into something 3619 1 else. 2 And for that reason, I'm going to 3 oppose that bill. 4 ACTING PRESIDENT KUHL: Last 5 section. Excuse me. 6 Senator Montgomery. 7 SENATOR MONTGOMERY: Yes. 8 Senator Holland, would you - 9 ACTING PRESIDENT KUHL: Are you 10 asking Senator Holland - 11 SENATOR MONTGOMERY: Would you 12 yield? 13 ACTING PRESIDENT KUHL: -- to 14 yield, Senator Montgomery? 15 SENATOR MONTGOMERY: Yes, thank 16 you. 17 SENATOR HOLLAND: Certainly. 18 ACTING PRESIDENT KUHL: The 19 Senator does. 20 SENATOR MONTGOMERY: I know, 21 Senator Holland, that part of your intent for 22 your legislation is to try to address the issue 23 of Medicaid fraud, and I certainly applaud your 3620 1 efforts in that way. But I would just like to 2 ask you in regards to this particular piece of 3 legislation is it not true that we have been 4 finding in recent years when there has been an 5 aggressive move to try to deal with Medicaid, 6 it's been the provider that has really yielded 7 Medicaid fraud on the part of the providers; 8 that has really yielded to a large extent a lot 9 of the fraud in terms of theft of funding and 10 services and that sort of thing? 11 SENATOR HOLLAND: Senator, there 12 is fraud and abuse in the provider area and in 13 the client area. There was more found in the 14 provider area because we had a system set up not 15 only in the Social Services Department through 16 computer systems, et cetera, to catch those, but 17 also we had Mr. Kuriansky's organization that 18 was looking into the provider area. 19 Now, last year with your help in 20 the budget and the Governor's suggestion, we set 21 up the office of Welfare Inspector General, who 22 is looking into the client area in opposition to 23 Kuriansky. And the real answer to your question 3621 1 is, Senator, and you probably agree, there's bad 2 guys and good guys wherever you go, and there's 3 fraud and abuse in the provider area and also in 4 the client area. 5 This particular thing is to look 6 for double dippers in the client area in the 7 home relief section of that. 8 SENATOR MONTGOMERY: Yes. If you 9 will continue to yield, Senator? 10 It's my understanding that a lot 11 of fraud and abuse on the part of clients is in 12 collusion, in fact, with the providers so that 13 they really could not do it unless there was a 14 partner in that abusive situation. 15 SENATOR HOLLAND: Senator, you're 16 absolutely right again. That happens in the 17 city of New York with Medicaid mills and 18 pharmacies, et cetera. This particular bill is 19 just to get home relief double dippers out of 20 the system, at least the initial part of it is. 21 SENATOR MONTGOMERY: Yes. 22 Senator, just one more question. As it stands 23 now -- the Department of Social Services, I 3622 1 believe it is -- are they not instituting, in 2 the process of instituting a very sophisticated 3 system, computer system so that anyone who comes 4 in with a card can be put through the system and 5 identified fairly quickly as a possible abuser 6 of the services by the provider as well as by 7 the Department who will be receiving that 8 information? 9 SENATOR HOLLAND: The question 10 is, is the Department of Social Services trying 11 to set up a computer - 12 SENATOR MONTGOMERY: -- a 13 computer system - 14 SENATOR HOLLAND: -- system 15 statewide. 16 SENATOR MONTGOMERY: -- yes. 17 SENATOR HOLLAND: Yes, they would 18 very much like to do that, Senator. We have 19 talked to Commissioner Bane and Mike Dowling and 20 everybody else over there. They don't have the 21 money. We don't have the money at this time to 22 make that a statewide operation. That would 23 certainly help. There are a lot of systems that 3623 1 would help, yes. 2 SENATOR MONTGOMERY: Okay. Thank 3 you. Thank you, Senator. 4 I - 5 ACTING PRESIDENT KUHL: Senator 6 Montgomery on the bill. 7 SENATOR MONTGOMERY: On the bill, 8 Mr. President. 9 I would just like to reiterate 10 again that I certainly applaud Senator Holland's 11 efforts to try and deal with the issue of fraud 12 and abuse in Medicaid. I, too, resent having 13 the state be somehow part of a system where this 14 kind of abuse takes place and we cannot deliver 15 quality services to people for whom the system 16 was established. So -- but on the other hand, I 17 feel that this particular measure is more 18 punitive and will possibly hurt the people that 19 we're trying to help more than it will help the 20 state in recovering and recouping funds. It has 21 been proven, based on the activities of the 22 investigative units within Social Services, that 23 a targeted effort to identify where the fraud is 3624 1 taking place, particularly on the part of 2 providers yields a very positive outcome, and I 3 am in support of that. 4 I am also in support of a system 5 being put in place which will allow us to 6 identify abusers of the system very quickly, 7 early on, before we lose millions and millions 8 of dollars based on fraudulent activities that 9 go on over a period of time. 10 So I'm not going to vote for this 11 legislation because I really think that this 12 goes in the opposite direction of what Senator 13 Holland actually intends to do; and that is, 14 deal with fraud and abuse of this system where 15 it really counts and in the most efficient and 16 productive way for the state. So I am not 17 opposed to Senator Holland's intent to deal with 18 fraud, but I am opposed to this measure which I 19 think will be more punitive and penalize people 20 and will not yield any benefit to the state. 21 Thank you, Mr. President. 22 ACTING PRESIDENT KUHL: Read the 23 last section. 3625 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 ACTING PRESIDENT KUHL: Announce 7 the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 662 are Senators 10 Connor, Dollinger, Espada, Galiber, Gold, 11 Gonzalez, Leichter, Markowitz, Montgomery, 12 Ohrenstein, Oppenheimer and Smith. Ayes 42, 13 nays 12. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Present. 17 SENATOR PRESENT: Mr. President, 18 will you take up Calendar 679, please. 19 ACTING PRESIDENT KUHL: Clerk 20 will read. 21 THE SECRETARY: Calendar 679, by 22 Senator Stafford, Senate Bill Number 433, an act 23 to amend the Highway Law. 3626 1 SENATOR OPPENHEIMER: 2 Explanation. 3 ACTING PRESIDENT KUHL: 4 Explanation has been asked for. 5 Senator Stafford. 6 SENATOR STAFFORD: Mr. President, 7 we have passed a bill like this a number of 8 times in the past sessions, and in effect, if 9 there is a road that's been maintained on state 10 property and the town wants to continue to 11 maintain it, then it cannot be closed 12 unilaterally. 13 Someone said to me last year, 14 well, why don't we do this for all parts of the 15 state? So that's what we've done with this 16 bill. 17 SENATOR OPPENHEIMER: Mr. 18 President. 19 ACTING PRESIDENT KUHL: Senator 20 Oppenheimer. 21 SENATOR OPPENHEIMER: This is our 22 annual go around. It's too bad that Senator 23 Stafford and I are just never going to come to 3627 1 an agreement on this particular bill. 2 This specifically overrides the 3 state's land master plan for the Adirondack 4 Park, and that's why we simply won't see, I 5 think, ever eye to eye on this. It invites 6 motor vehicles into areas that have been 7 determined to be wilderness areas, and 8 wilderness area does not well co-exist with 9 motor - 10 SENATOR STAFFORD: Will Senator 11 yield? 12 SENATOR OPPENHEIMER: Yes. 13 ACTING PRESIDENT KUHL: Senator 14 yields. 15 SENATOR STAFFORD: This is the 16 first time in 28 years I have ever asked anybody 17 to yield. I figure there's always got to be a 18 first. Are you aware -- this is not personal 19 obviously. Others have made this - 20 Are you aware that the wilderness 21 area you're talking about you stand and hear 22 cars on the Northway? 23 SENATOR OPPENHEIMER: Yes, 3628 1 Senator Stafford. 2 I recognize one of the problems 3 of this particular area is precisely that, that 4 it is in very close to a population area of the 5 Adirondack Park. That is one of the problems. 6 It is also one of the benefits that this kind of 7 wilderness environment can be there for people 8 who are living in more densely populated areas 9 than other areas of the Adirondack Park. 10 This is the Pharaoh Mountain 11 area, and it has been classified as wilderness 12 in our state land master plan, and the 13 classification clearly says that there cannot be 14 motorized traffic in these areas. 15 Now, approximately half of the 16 state forest lands in the Adirondacks are 17 classified as "wild forests," and those areas, 18 "wild forests," do permit motorized traffic. 19 So I think we're simply going against the 20 state's plan. This is a one-house bill, and it 21 has been coming back year after year, and I feel 22 to destroy the wilderness character in those 23 areas that the state has determined to prohibit 3629 1 vehicle traffic, we ought to abide by what the 2 state planners have and the environmentalists 3 have proposed. 4 That you, Mr. President. 5 ACTING PRESIDENT KUHL: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 ACTING PRESIDENT KUHL: Announce 13 the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 679 are Senators 16 Dollinger, Espada, Gold, Halperin, Jones, 17 Leichter, Montgomery and Oppenheimer. Ayes 47, 18 nays 8. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 Unless there is further housekeeping action 3630 1 needed here, let's do it. 2 ACTING PRESIDENT KUHL: There is, 3 Senator Present. 4 May we return to motions and 5 resolutions. 6 Senator Mega. 7 SENATOR MEGA: Mr. President, on 8 behalf of Senator Levy, I wish to call up his 9 bill, Calendar Number 768, Assembly Print 793A. 10 THE SECRETARY: By member of the 11 Assembly Bragman, Assembly Bill Number 793A, an 12 act to amend the Vehicle and Traffic Law, 13 substituted earlier today. 14 SENATOR MEGA: I now move to 15 reconsider the vote by which this Assembly bill 16 was substituted for Senator Levy's bill, Print 17 Number 5537, on 5-12. 18 ACTING PRESIDENT KUHL: The 19 Secretary will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT KUHL: The bill 3631 1 is before the house. 2 SENATOR MEGA: I now move that 3 Assembly Bill Number 7938 be recommitted to the 4 Committee on Transportation and Senator Levy's 5 bill be restored to the order of First Report 6 Calendar. 7 ACTING PRESIDENT KUHL: Without 8 objection. 9 SENATOR MEGA: Thank you. 10 SENATOR LACK: Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Lack. 13 SENATOR LACK: Mr. President, 14 will you please star Calendar 685. 15 ACTING PRESIDENT KUHL: Calendar 16 685 is starred at the request of the sponsor. 17 SENATOR LACK: Thank you. 18 ACTING PRESIDENT KUHL: Senator 19 Sheffer. 20 SENATOR SHEFFER: Mr. President, 21 I ask for unanimous consent to be recorded in 22 the negative on Calendar 679, please. 23 ACTING PRESIDENT KUHL: Without 3632 1 objection so ordered. 2 Any other business? 3 (There was no response. ) 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 there being no further business, I move that we 7 adjourn until Monday, May 17th, 2:30 p.m., 8 intervening days being legislative days. 9 (Whereupon at 12:45 p.m., the 10 Senate adjourned. ) 11 12 13 14 15 16 17 18 19 20 21 22 23