Tuesday, June 29, 1993

6154 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 29, 1993 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 6155 1 P R O C E E D I N G S. 2 ... At 2:30 p.m... 3 SENATOR PRESENT: I'd like to 4 announce an immediate meeting of the Rules 5 Committee in Room 332. 6 ... At 3:05 p.m... 7 THE PRESIDENT: The Senate will 8 come to order. Senators will please find their 9 places. Like to ask everyone present to rise 10 and repeat the Pledge of Allegiance with me. 11 (The assemblage repeated the 12 Pledge of Allegiance to the Flag. ) 13 Please be seated. In the absence 14 of visiting clergy, may we bow our heads in a 15 moment of silence. 16 (A moment of silence was 17 observed. ) 18 Secretary will read the Journal. 19 THE SECRETARY: In Senate, 20 Monday, June 28th. The Senate met pursuant to 21 adjournment. The Journal of Sunday, June 27th, 22 was read and approved. On motion, Senate 23 adjourned. 6156 1 THE PRESIDENT: Hearing no 2 objection, the Journal stands approved as read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Secretary will read. 8 THE SECRETARY: Senator Marino, 9 from the Committee on Rules, reports the 10 following bills directly for third reading: 11 Senate Bill Number 1196-A, by 12 Senator Levy, to establish a temporary state 13 commission on real property taxation; 14 1770, by Senator Waldon, 15 authorize the city of New York to reconvey its 16 interest in certain real property; 17 2745, by Senator LaValle, General 18 Municipal Law; 19 3527-B, by Senator Tully, to 20 provide for payment of allowances to private, 21 blind and deaf schools; 22 40 -- 4416, by Senator Maltese, 23 an act to amend the Executive Law; 6157 1 4525, by Senator Sheffer, to 2 amend the Parks, Recreation, Historic 3 Preservation Law; 4 4552-A, by Senator Sheffer, 5 Parks, Recreation, Historic Preservation Law; 6 4756-A, by Senator Daly, Public 7 Authorities Law; 8 4983, by Senator Nolan, to allow 9 Olga M. Dwyer to transfer credit earned in the 10 New York State Teachers' Retirement System; 11 5072-B, by Senator Johnson, 12 Environmental Conservation Law; 13 5111-A, by Senator Saland, Social 14 Services Law; 15 5255-A, by Senator Daly, 16 Not-for-Profit Corporation Law; 17 5582-A, by Senator Saland, 18 Domestic Relations Law and the Family Court Act; 19 5665, by Senator Padavan, amends 20 Chapter 611 of the Laws of 1977; 21 5702-A by the Committee on Rules, 22 amends Chapter 879 of the Laws of 1936; 23 5756, by Senator Volker, Public 6158 1 Health Law; 2 5794, by Senator Connor, Election 3 Law; 4 5895, by Senator Sheffer, 5 Education Law; 6 5926, by Senator Hannon, amends 7 Chapter 50 of the Laws of 1993; 8 5974, by Senator Trunzo, an act 9 to amend the Highway Law, highway system in 10 Suffolk County, reported with amendments; 11 6003, by Senator Cook, Retirement 12 and Social Security Law; 13 6009, by Senator Daly, 14 Not-for-Profit Corporation Law; 15 And 6049, by the Committee on 16 Rules, amends Chapter 814 of the Laws of 1987. 17 All bills reported directly for 18 third reading. 19 THE PRESIDENT: Third reading. 20 O.K. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 6159 1 Motions and resolutions. Senator 2 Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 I have five motions here. On 6 behalf of Senator DeFrancisco, on page 18, I 7 offer the following amendments to Calendar 846, 8 Senate Print 4477-A, and I ask that that bill 9 retain its place on the Third Reading Calendar. 10 On behalf of Senator Padavan, on 11 page 27, I offer the following amendments to 12 Calendar Number 1213, Senate Print 4704-B, and 13 ask that that bill retain its place. 14 On behalf of Senator Daly, on 15 page 34, I offer the following amendments to 16 Calendar Number 1358, Senate Print Number 1092, 17 and I ask that that bill retain its place on the 18 Third Reading Calendar. 19 On behalf of Senator LaValle, on 20 page 29, I offer the following amendments to 21 Calendar Number 1308, Senate Print 3176, and I 22 ask that that bill retain its place on the Third 23 Reading Calendar. 6160 1 On behalf of Senator Maltese, on 2 page 40, I offer the following amendments to 3 Calendar Number 1400, Senate Print 5977, and I 4 ask that that bill retain its place on the Third 5 Reading Calendar. 6 SENATOR PRESENT: Mr. President. 7 THE PRESIDENT: Senator Present. 8 SENATOR PRESENT: I wish to call 9 up my bill, 2426-A, recalled from the Assembly 10 which is now at the desk. 11 THE PRESIDENT: Secretary will 12 read. 13 THE SECRETARY: By Senator 14 Present, Senate Bill Number 2426-A, an act to 15 amend the Agriculture and Markets Law and the 16 Economic Development Law. 17 SENATOR PRESENT: Mr. President, 18 I now move to reconsider the vote by which this 19 bill was passed. 20 THE PRESIDENT: Call the roll on 21 reconsideration. 22 (The Secretary called the roll on 23 reconsideration. ) 6161 1 THE SECRETARY: Ayes 40. 2 SENATOR PRESENT: Mr. President, 3 I now offer the following amendments. 4 THE PRESIDENT: Amendments 5 received. 6 SENATOR PRESENT: Mr. President, 7 on page 40, I offer the following amendments to 8 Calendar Number 1406, Senate Print 6020, and ask 9 that it retain its place on the Third Reading 10 Calendar. 11 THE PRESIDENT: Without 12 objection, so ordered. 13 SENATOR PRESENT: Mr. President, 14 on page 33, I offer the following amendments to 15 Calendar 1348, Print 5951, and ask that it 16 retain its place on the calendar. 17 THE PRESIDENT: So ordered. 18 Senator Stachowski. 19 SENATOR STACHOWSKI: Mr. 20 President, on page 27, I offer the following 21 amendments to Calendar 1185, Senate Print Number 22 5364, and ask that the said bill retain its 23 place on the Third Reading Calendar. 6162 1 THE PRESIDENT: So ordered. 2 SENATOR STACHOWSKI: Mr. 3 President, on page 16, I offer the following 4 amendments to calendar 792, Senate Print Number 5 1477, and ask that said bill retain its place on 6 the Third Reading Calendar. 7 THE PRESIDENT: Without 8 objection, so ordered. 9 SENATOR STACHOWSKI: Thank you. 10 THE PRESIDENT: Senator Larkin. 11 SENATOR LARKIN: Mr. President, I 12 wish to call up my bill, Senate Print 2736, 13 recalled from the Senate which is now at the 14 desk. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: By Senator 18 Larkin, Senate Bill Number 2736, an act to amend 19 the Real Property Tax Law, in relation to 20 assessment disclosure notices. 21 SENATOR LARKIN: I now move to 22 reconsider the vote by which this bill was 23 passed. 6163 1 THE PRESIDENT: Call the roll on 2 reconsideration. 3 (The Secretary called the roll on 4 reconsideration. ) 5 THE SECRETARY: Ayes 40. 6 SENATOR LARKIN: Offer the 7 following amendments. 8 THE PRESIDENT: Amendments 9 received. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 I'd like to remove a star on Calendar 893, 13 Senate Print 2344-B, which is my bill. 14 THE PRESIDENT: So ordered. 15 SENATOR LIBOUS: And I have some 16 amendments. 17 On behalf of Senator Saland, Mr. 18 President, I wish to call up his bill 4969-A, 19 recalled from the Assembly which is now at the 20 desk. 21 THE PRESIDENT: Secretary will 22 read. 23 THE SECRETARY: By Senator 6164 1 Saland, Senate Bill Number 4969-A, an act to 2 amend the Public Authorities Law. 3 SENATOR LIBOUS: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed. 6 THE PRESIDENT: Call the roll on 7 reconsideration. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 40. 11 SENATOR LIBOUS: Mr. President, I 12 offer up the following amendments. 13 THE PRESIDENT: Amendments 14 received. 15 SENATOR LIBOUS: Mr. President, 16 on behalf of Senator Daly, I wish to also call 17 up his Bill Number 5200 recalled from the 18 Assembly which is now at the desk. 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: By Senator Daly, 22 Senate Bill Number 5200, Environmental 23 Conservation Law. 6165 1 SENATOR LIBOUS: Mr. President, I 2 now move to reconsider the vote by which this 3 bill was passed. 4 THE PRESIDENT: Call the roll on 5 reconsideration. 6 (The Secretary called the roll on 7 reconsideration. ) 8 THE SECRETARY: Ayes 40. 9 SENATOR LIBOUS: Mr. President, I 10 offer up the following amendments. 11 THE PRESIDENT: Amendments 12 received. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, I 15 wish to call up my bill, Senate Print Number 16 3401-A, recalled from the Assembly which is now 17 at the desk. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: By Senator 21 Volker, Senate Bill Number 3401-A, an act to 22 amend the Civil Practice Law and Rules. 23 SENATOR VOLKER: Mr. President, I 6166 1 now move to reconsider the vote by which this 2 bill was passed. 3 THE PRESIDENT: Call the roll on 4 reconsideration. 5 (The Secretary called the roll on 6 reconsideration. ) 7 THE SECRETARY: Ayes 40. 8 SENATOR VOLKER: Mr. President, I 9 now offer the following amendments. 10 THE PRESIDENT: Amendments 11 received. 12 Senator Mega. 13 SENATOR MEGA: Mr. President, on 14 behalf of Senator Lack, on page 18, I offer the 15 following amendments to Calendar Number 864, 16 Senate Print Number 4768-A, and ask that said 17 bill retain its place on Third Reading Calendar. 18 THE PRESIDENT: So ordered. 19 SENATOR MEGA: On behalf of 20 Senator Sears, Mr. President, on page 6, I offer 21 the following amendments to Calendar Number 178, 22 Senate Print 1129-A, and ask that said bill 23 retain its place on the Third Reading Calendar. 6167 1 THE PRESIDENT: So ordered. 2 Secretary will read. 3 THE SECRETARY: On page 11 of 4 today's calendar, Senator Spano moves to 5 discharge the Committee on Rules from Assembly 6 Bill Number 1335-C and substitute it for the 7 identical Third Reading 598. 8 On page 24, Senator Holland moves 9 to discharge the Committee on Rules from 10 Assembly Bill Number 7933-A and substitute it 11 for the identical Calendar 1042. 12 On page 33, Senator Farley moves 13 to discharge the Committee on Rules from 14 Assembly Bill Number 5032 and substitute it for 15 the identical Calendar Number 1354. 16 On page 34, Senator Spano moves 17 to discharge the Committee on Rules from 18 Assembly Bill Number 1818-A and substitute it 19 for the identical Third Reading 1356. 20 On page 34, Senator Waldon moves 21 to discharge the Committee on Rules from 22 Assembly Bill Number 2989 and substitute it for 23 the identical Third Reading 1360. 6168 1 On page 34 also, Senator Goodman 2 moves to discharge the Committee on Rules from 3 Assembly Bill Number 4225-A and substitute it 4 for the identical Third Reading 1363. 5 On page 35, Senator Holland moves 6 to discharge the Committee on Rules from 7 Assembly Bill Number 7146, and substitute it for 8 the identical Third Reading 1367. 9 On page 35, Senator Larkin moves 10 to discharge the Committee on Rules from 11 Assembly Bill Number 7157-A, and substitute it 12 for the identical Third Reading 1369. 13 On page 35, Senator Hannon moves 14 to discharge the Committee on Judiciary from 15 Assembly Bill Number 1523 and substitute it for 16 the identical Third Reading 1371. 17 On page 36, Senator Maltese moves 18 to discharge the Committee on Rules from 19 Assembly Bill Number 7961 and substitute it for 20 the identical Third Reading 1372. 21 On page 36, Senator Saland moves 22 to discharge the Committee on Rules from 23 Assembly Bill Number 7190-A and substitute it 6169 1 for the identical Third Reading 1373. 2 On page 36, Senator Trunzo moves 3 to discharge the Committee on Rules from 4 Assembly Bill Number 7710-A and substitute it 5 for the identical Third Reading 1374. 6 On page 35, Senator Mega moves to 7 discharge the Committee on Rules from Assembly 8 Bill Number 8292 and substitute it for the 9 identical Third Reading 1375. 10 On page 36, Senator Tully moves 11 to discharge the Committee on Rules from 12 Assembly Bill Number 6971-A and substitute it 13 for the identical Third Reading 1377. 14 On page 37, Senator Lack moves to 15 discharge the Committee on Rules from Assembly 16 Bill Number 5916, and substitute it for the 17 identical Third Reading 1382. 18 On page 37, Senator Tully moves 19 to discharge the Committee on Rules from 20 Assembly Bill Number 8139-A and substitute it 21 for the identical Third Reading 1383. 22 On page 37, Senator Mega moves to 23 discharge the Committee on Rules from Assembly 6170 1 Bill Number 7866-A and substitute it for the 2 identical Third Reading 1388. 3 On page 38, Senator Ohrenstein 4 moves to discharge the Committee on Rules from 5 Assembly Bill Number 7974, and substitute it for 6 the identical Third Reading 1390. 7 On page 38, Senator Galiber moves 8 to discharge the Committee on Rules from 9 Assembly Bill Number 8586, and substitute it for 10 the identical Third Reading 1394. 11 On page 39, Senator Holland moves 12 to discharge the Committee on Rules from 13 Assembly Bill Number 8204 and substitute it for 14 the identical Third Reading 1396. 15 On page 39, Senator Holland moves 16 to discharge the Committee on Rules from 17 Assembly Bill Number 8207 and substitute it for 18 the identical Third Reading 1399. 19 And on page 40, Senator Skelos 20 moves to discharge the Committee on Rules from 21 Assembly Bill Number 8480, and substitute it for 22 the identical Third Reading 1401. 23 THE PRESIDENT: Substitutions 6171 1 ordered. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 I move that we adopt the Resolution Calendar 5 which is on our desks. 6 THE PRESIDENT: On the 7 resolutions, all those in favor say aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The ayes have it. The 12 resolutions are adopted. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 can we take up the non-controversial calendar, 16 please. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: On page 4, 20 Calendar Number 51, by member of the Assembly 21 Vitaliano, Assembly Bill Number 2266, Civil 22 Service Law, in relation to age requirement for 23 provisional or permanent appointment. 6172 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 40. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 174, by Senator Farley, Senate Bill Number 1922, 11 amends Chapter 883 of the Laws of 1980, amending 12 the Banking Law. 13 SENATOR LEICHTER: Lay it aside. 14 THE PRESIDENT: Bill is laid 15 aside. 16 THE SECRETARY: Calendar Number 17 1883, by Senator Marino, Senate Bill Number 18 1776-A, authorize the city of Glen Cove, Nassau 19 County, to sell certain parcels of real 20 property. 21 THE PRESIDENT: There is a home 22 rule message at the desk. Last section. 23 THE SECRETARY: Section 2. This 6173 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 42. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 276, by Senator Levy, Senate Bill Number 193-A, 9 an act to amend the Railroad Law and the Public 10 Authorities Law. 11 THE PRESIDENT: Last 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 42. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 395, by Senator Kuhl. 21 SENATOR PRESENT: Lay aside for 22 today. 23 THE PRESIDENT: I'm sorry, 6174 1 Senator. 2 SENATOR PRESENT: Lay 395 aside 3 for the day, also 471. 4 THE PRESIDENT: O.K. The bills 5 are laid aside for the day. 6 THE SECRETARY: Calendar Number 7 729, by Senator Saland, Senate Bill Number 8 3105-D, an act to amend the General Business 9 Law. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The secretary called the roll. ) 15 THE SECRETARY: Ayes 42. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 841, by Senator DeFrancisco, Senate Bill Number 20 3716-A, an act to amend the Military Law. 21 SENATOR DOLLINGER: Would you lay 22 that aside, please. 23 THE PRESIDENT: The bill is laid 6175 1 aside. 2 THE SECRETARY: Calendar Number 3 870, by Senator Hannon, Senate Bill Number 4 4900-B, Emergency Housing Rent Control Law. 5 THE SECRETARY: Lay it aside. 6 THE PRESIDENT: Bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 987, by Senator Skelos, Senate Bill Number 2094, 10 an act to amend the Executive Law. 11 THE PRESIDENT: Last 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 44. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1068, by member of the Assembly DiNapoli, 21 Assembly Bill Number 3538-A, Education Law, in 22 relation to shared personnel. 23 THE PRESIDENT: Last section. 6176 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes - 6 SENATOR FARLEY: What number is 7 that? 8 THE PRESIDENT: Calendar Number 9 1068. 10 THE SECRETARY: Ayes 46. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1086, by Senator Volker, Senate Bill Number 15 4629-A, to provide service credit in the New 16 York State and local retirement system. 17 THE PRESIDENT: There is a home 18 rule message at the desk. Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 44, nays 2, 6177 1 Senators Gold and Leichter recorded in the 2 negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1158, by member of the Assembly Connelly, 7 Assembly Bill Number 2396-A, Environmental 8 Conservation Law. 9 SENATOR GOLD: Lay it aside, 10 please. 11 THE PRESIDENT: Bill is laid 12 aside. 13 SENATOR DALY: Mr. President. 14 THE PRESIDENT: Senator Daly. 15 SENATOR DALY: With unanimous 16 consent, could I be voted in the negative on 17 Senate 2048-A, Calendar 1068. 18 THE PRESIDENT: Without 19 objection, so ordered. 20 THE SECRETARY: Calendar Number 21 1161, by Senator Spano, Senate Bill Number 2717, 22 an act to amend the Local Finance Law. 23 THE PRESIDENT: There is a home 6178 1 rule message at the desk. Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 46. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1250, by Senator Hannon, Senate Bill Number 11 4897, Administrative Code of the city of New 12 York. 13 SENATOR LEICHTER: Lay it aside. 14 SENATOR PRESENT: Lay aside. 15 THE PRESIDENT: Bill is laid 16 aside. 17 THE SECRETARY: 1251, by Senator 18 Lack. 19 SENATOR PRESENT: Lay it aside 20 for the day, please. 21 THE PRESIDENT: Bill is laid 22 aside for the day. 23 THE SECRETARY: Calendar Number 6179 1 1262, by Senator Johnson. 2 SENATOR JOHNSON: Will you lay 3 that aside for the day. 4 THE PRESIDENT: Bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 1297, by the Assembly Committee on Rules, 8 Assembly Bill Number 8485-A, authorizing the 9 Commissioner of General Services to sell and 10 convey to the village of Elmsford in the county 11 of Westchester certain lands. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. 14 SENATOR GOLD: Lay it aside. 15 THE PRESIDENT: The bill is laid 16 aside. 17 SENATOR GOLD: Hold on. Let it 18 go. Last section. 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. 6180 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 46. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1316, by the Assembly Committee on Rules, 7 Assembly Bill Number 8371, Education Law, in 8 relation to the frequency of school census. 9 SENATOR GOLD: Lay it aside, 10 please. 11 THE PRESIDENT: Bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 1323, by Senator Johnson, Senate Bill Number 15 2121-A, an act to amend the Real Property Tax 16 Law. 17 THE PRESIDENT: Last section. 18 SENATOR LEICHTER: Lay it aside. 19 THE PRESIDENT: Bill is laid 20 aside. 21 THE SECRETARY: Calendar Number 22 1326, by Senator Trunzo, Senate Bill Number 23 3463. 6181 1 SENATOR TRUNZO: Lay that aside 2 for the day, 1326. 3 THE PRESIDENT: 1326, yes, the 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1329, by Senator Cook. 7 SENATOR GOLD: Lay it aside. 8 THE PRESIDENT: Bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1333, by Senator Bruno, Senate Bill Number 12 4601-A, Economic Development Law, in relation to 13 the preparation of performance plans. 14 SENATOR GOLD: Lay aside. 15 THE PRESIDENT: Bill is laid 16 aside. 17 THE SECRETARY: Calendar Number 18 1336, by Senator Bruno, Senate Bill Number 19 4782-A, an act to amend the State Finance Law. 20 SENATOR LEICHTER: Lay it aside. 21 THE PRESIDENT: Bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 6182 1 1338, by Senator Hannon. 2 SENATOR PRESENT: Lay it aside 3 for the day, please. 4 THE PRESIDENT: Bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 1339, by the Assembly - 8 SENATOR GOLD: Lay aside, please. 9 THE PRESIDENT: Bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1341, by the Senate Committee on Rules, Senate 13 Print Number 5854-A, General Business Law. 14 THE PRESIDENT: Last 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 46. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1344, by Senator Volker, Senate Bill Number 6183 1 5922, an act to amend the Public Authorities 2 Law. 3 SENATOR VOLKER: Lay that bill 4 aside for today, please. 5 THE PRESIDENT: The bill is laid 6 aside for the day. 7 THE SECRETARY: Calendar Number 8 1347, by Senator Johnson. 9 SENATOR GOLD: Lay aside. 10 THE PRESIDENT: Bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1354, substituted earlier today, by member of 14 the Assembly Murtagh, Assembly Bill Number 3502. 15 SENATOR GOLD: Lay it aside. 16 THE PRESIDENT: Bill is laid 17 aside. 18 THE SECRETARY: Calendar Number 19 1356, substituted earlier today, by member of 20 the Assembly Connelly, Assembly Bill Number 21 1818-A, an act to amend the Insurance Law. 22 THE PRESIDENT: Last section. 23 THE SECRETARY: Section 2. This 6184 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 46. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1357, by Senator Present, Senate Bill Number 9 1064, an act to amend the Tax Law. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 46. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1359, by Senator Johnson, Senate Bill Number 20 1109-A, Environmental Conservation Law and the 21 Navigation Law. 22 SENATOR GOLD: Lay it aside, 23 please. 6185 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1360, substituted earlier today, by member of 5 the Assembly Jenkins, Assembly Bill Number 2989, 6 authorizing the city of New York to reconvey its 7 interest in certain real property. 8 THE PRESIDENT: There is a home 9 rule message at the desk. Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 46. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1361, by Senator Farley, Senate Bill Number 19 1924, to authorize Harold K. Warner - 20 SENATOR LEICHTER: Lay aside. 21 THE PRESIDENT: The bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 6186 1 1362, by Senator Saland, Senate Bill Number 2 2138, an act to amend the Real Property Tax 3 Law. 4 SENATOR LEICHTER: Lay aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1363, substituted earlier today, by member of 9 the Assembly Feldman, Assembly Bill Number 10 4225-A, an act to amend the Vehicle and Traffic 11 Law. 12 THE PRESIDENT: There is a home 13 rule message at the desk. 14 SENATOR GOLD: Lay it aside. 15 THE PRESIDENT: The bill is laid 16 aside. 17 THE SECRETARY: Calendar Number 18 1364, by Senator Skelos, Senate Bill Number 19 2623-A, an act to amend the Tax Law. 20 SENATOR GOLD: Lay it aside. 21 THE PRESIDENT: Bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 6187 1 1366, by Senator Tully, Senate Bill Number 3335, 2 an act to amend the Insurance Law. 3 SENATOR SOLOMON: Lay aside. 4 THE PRESIDENT: Bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1367, substituted earlier today, by member of 8 the Assembly Jacobs, Assembly Bill Number 7146, 9 an act to amend the Social Services Law. 10 THE PRESIDENT: Last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 47. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1368, by Senator Farley, Senate Bill Number 20 4111-B, an act to amend the Banking Law and the 21 Vehicle and Traffic Law. 22 THE PRESIDENT: Last section. 23 THE SECRETARY: Section 2. This 6188 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 47. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1369, substituted earlier today, by member of 9 the Assembly Stringer, Assembly Bill Number 10 7157-A, Real Property Tax Law and the Town Law. 11 THE PRESIDENT: Last 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 46, nays 17 one, Senator Pataki recorded in the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1370, by Senator DeFrancisco, Senate Bill Number 22 4136, an act to amend the Tax Law. 23 THE PRESIDENT: Last section. 6189 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 SENATOR LEICHTER: Lay aside. 4 THE SECRETARY: Bill is laid 5 aside. 6 SENATOR HOLLAND: Mr. President, 7 with unanimous consent, I'd like to be recorded 8 in - 9 THE PRESIDENT: Senator Holland. 10 SENATOR HOLLAND: With unanimous 11 consent, I'd like to be recorded in the negative 12 for Calendar Number 1369. 13 THE PRESIDENT: Without 14 objection, it's so ordered. 15 THE SECRETARY: Calendar Number 16 1371, substituted earlier today, by member of 17 the Assembly Lasher, Assembly Bill Number 1523, 18 an act to amend the Real Property Law. 19 SENATOR GOLD: Lay it aside. 20 SENATOR PRESENT: Lay it aside 21 for the day, please. 22 THE PRESIDENT: For the day? The 23 bill is laid aside for the day. 6190 1 THE SECRETARY: Calendar Number 2 1372, substituted earlier today, by the Assembly 3 Committee on Rules, Assembly Bill Number 7961, 4 an act to amend the Correction Law. 5 THE PRESIDENT: Last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 47. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1373, substituted earlier today, by member of 15 the Assembly E. Hill, Assembly Bill Number 16 7190-A, Social Services Law and the Domestic 17 Relations Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 50. 6191 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1374, substituted earlier today, by the Assembly 5 Committee on Rules. 6 SENATOR GOLD: Lay it aside, 7 please. 8 THE PRESIDENT: Bill is laid 9 aside. 10 THE SECRETARY: Calendar Number 11 1375, substituted earlier today, by the Assembly 12 Committee on Rules, Assembly Bill Number 8292, 13 Eminent Domain Procedure Law. 14 SENATOR GOLD: Lay aside. 15 THE SECRETARY: The bill is laid 16 aside. 17 THE SECRETARY: Calendar Number 18 1376, by Senator Cook, Senate Bill Number 4754, 19 to grant permanent competitive civil service 20 status to certain employee. 21 THE PRESIDENT: There is a home 22 rule message at the desk. Last section. 23 THE SECRETARY: Section 2. This 6192 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 49, nays 5 one, Senator Leichter recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1377, substituted earlier today, by member of 10 the Assembly Hochberg, Assembly Bill Number 11 6971-A, General Business Law, in relation to 12 home use medical diagnostic devices. 13 THE PRESIDENT: Last 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 50. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1378, by Senator Volker, Senate Bill Number 23 4944, an act to amend the Civil Rights Law. 6193 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. Do you want 4 it laid aside? 5 SENATOR LEICHTER: Just want to 6 vote in the negative. 7 SENATOR DOLLINGER: Lay aside. 8 THE SECRETARY: Calendar Number 9 1379, by Senator Maltese, Senate Bill Number 10 5149, Correction Law, in relation to the 11 appointment of correction officers. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 50. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1380, by Senator Volker, Senate Bill Number 22 5156, an act to amend the Criminal Procedure 23 Law. 6194 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 50, nays 1, 7 Senator Pataki recorded in the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1381, by Senator Daly, Senate Bill Number 12 5256-A, Private Housing Finance Law. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect - 16 SENATOR LEICHTER: Lay it aside, 17 please. 18 THE PRESIDENT: Bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1382, substituted earlier today, by member of 22 the Assembly Bragman, Assembly Bill Number 5916, 23 amends Chapter 698 of the Laws of 1988, amending 6195 1 the Labor Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 51. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1383, substituted earlier today, by the Assembly 12 Committee on Rules, Assembly Bill Number 8139-A, 13 extension of the statute of limitations for 14 commencing a cause of action. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 51. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 6196 1 1384, by Senator Daly, Senate Bill Number 2 5275-C, an act to amend the Public Health Law 3 and the Estates, Powers and Trusts Law. 4 THE PRESIDENT: Last 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 53. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 -- excuse me, ayes 52, nays one, Senator Kuhl 14 recorded in the negative, on Calendar 1384. 15 Calendar Number 1387, by Senator 16 Johnson, Senate Bill Number 5339-A, an act to 17 amend the State Finance Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 53. 6197 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar 4 Number - 5 THE PRESIDENT: Senator Larkin. 6 SENATOR LARKIN: Mr. President, I 7 ask unanimous consent to be recorded in the 8 negative on Calendar Number 1384. 9 THE PRESIDENT: Without 10 objection, so ordered. 11 THE SECRETARY: Calendar Number 12 1388, substituted earlier today, by the Assembly 13 Committee on Rules, Assembly Bill Number 7866-A, 14 Civil Service Law and the Administrative Code of 15 the city of New York. 16 THE PRESIDENT: Last 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 53. 22 THE PRESIDENT: The bill is 23 passed. 6198 1 THE SECRETARY: Calendar Number 2 1389, by Senator Pataki, Senate Bill Number 5576 3 -A. 4 SENATOR DOLLINGER: Lay aside. 5 THE PRESIDENT: Bill is laid 6 aside. Senator Dollinger. 7 THE SECRETARY: Calendar Number 8 1390, substituted earlier today, by the Assembly 9 Committee on Rules, Assembly Bill Number 7974, 10 authorizing the city of New York to reconvey its 11 interest in certain real property. 12 THE PRESIDENT: There is a home 13 rule message at the desk. Last 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 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1391, by Senator Lack, Senate Bill Number 23 5886-A, an act to amend the Workers' 6199 1 Compensation Law. 2 SENATOR GOLD: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1392, by Senator Volker, Senate Bill Number 7 5915-A, temporarily exempt from medical 8 licensure requirements physicians. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 SENATOR GOLD: Lay it aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1393, by Senator Daly, Senate Bill Number 5927, 17 an act to amend the Executive Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 53. 6200 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1394, substituted earlier today, by the Assembly 5 Committee on Rules, Assembly Bill Number 8586, 6 authorizing the city of New York to reconvey its 7 interest in certain real property. 8 THE PRESIDENT: There is a home 9 rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 53. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1395, by Senator Wright, Senate Bill Number 20 5944, an act to amend the Real Property Tax Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 6201 1 act shall take effect immediately. 2 SENATOR GOLD: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1396, substituted earlier today, by the Assembly 7 Committee on Rules, Assembly Bill Number 8204, 8 amends Chapter 333 of the Laws of 1989, 9 establishing the Social Services Law. 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 53. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1398, by Senator Levy, Senate Bill Number 5970, 21 Education Law and the Local Finance Law. 22 THE PRESIDENT: Read the last 23 section. 6202 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 53. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1399, substituted earlier today, by the Assembly 10 Committee on Rules, Assembly Bill Number 8207, 11 amends Chapter 710 of the Laws of 1988, amending 12 the Social Services Law. 13 SENATOR HOLLAND: Lay it aside 14 for the day. 15 THE PRESIDENT: The bill is laid 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 1401, substituted earlier today, by the Assembly 19 Committee on Rules, Assembly Bill Number 8480, 20 an act to amend the Executive Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 6203 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 53. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1402, by Senator Lack, Senate Bill Number 5988, 9 amends Chapter 666 of the Laws of 1990. 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 53. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1403, by Senator Larkin, Senate Bill Number 21 5989, amends Chapter 680 of the Laws of 1976, 22 amending the Local Finance Law. 23 THE PRESIDENT: Read the last 6204 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 SENATOR GOLD: Lay it aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 THE SECRETARY: Calendar Number 10 1404, by Senator Tully, Senate Bill Number 5992, 11 an act to amend the Civil Practice Law and 12 Rules. 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 53. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1405, by the Senate Committee on Rules, Senate 6205 1 Bill Number 6000, an act to amend the Civil 2 Service 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 53. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1407, by Senator Larkin, Senate Bill Number 14 6042, an act to amend the Education Law. 15 THE PRESIDENT: There is a local 16 fiscal impact note at the desk. 17 Read the last 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 53. 23 THE PRESIDENT: The bill is 6206 1 passed. 2 That completes action on the 3 non-controversial. 4 SENATOR PRESENT: Mr. President, 5 can we take up the controversial calendar, 6 please. 7 THE PRESIDENT: Secretary will 8 read. 9 THE SECRETARY: On page 5, 10 Calendar Number 174, by Senator Farley, Senate 11 Bill Number 1922 - 12 SENATOR PRESENT: Lay it aside 13 for the day, please. 14 THE PRESIDENT: The bill is laid 15 aside for the day. 16 THE SECRETARY: Calendar Number 17 841 by -- on page 17, Calendar 841, by Senator 18 DeFrancisco, Senate Bill Number 3716A, Military 19 Law. 20 SENATOR GOLD: Hold on one 21 second, please. I yield to Senator Dollinger. 22 SENATOR DOLLINGER: Mr. 23 President. I just rise to ask to be excused on 6207 1 this bill. I am currently involved in 2 litigation with a private litigant over these 3 issues, and I feel to avoid an appearance of a 4 conflict of interest, I should be excused. 5 THE PRESIDENT: Without 6 objection, so ordered. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 52. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 870, by Senator Hannon, Senate Bill Number 17 4900B, Emergency Housing Rent Control. 18 SENATOR GOLD: Lay it aside. 19 SENATOR PRESENT: Lay it aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 SENATOR PRESENT: Temporarily. 23 THE PRESIDENT: Temporarily. 6208 1 THE SECRETARY: Calendar Number 2 1158, by member of the Assembly Connelly, 3 Assembly Bill Number 2396A, Environmental 4 Conservation Law. 5 SENATOR LEICHTER: Explanation. 6 SENATOR MARCHI: Lay it aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 SENATOR LEICHTER: Is that for 10 the day or the session? 11 THE PRESIDENT: The bill is laid 12 aside temporarily. 13 THE SECRETARY: Calendar Number 14 1250, by Senator Hannon, Senate Bill Number 15 4897, an act to amend the Administrative Code of 16 the city of New York. 17 SENATOR LEICHTER: Explanation. 18 SENATOR GOLD: Explanation 19 requested. 20 THE PRESIDENT: Explanation is 21 requested. 22 SENATOR PRESENT: Lay it aside. 23 THE PRESIDENT: The bill is laid 6209 1 aside. 2 THE SECRETARY: Calendar Number 3 1316, by the Assembly Committee on Rules, 4 Assembly Bill Number 8371, Education Law, in 5 relation to the frequency of school census. 6 SENATOR GOLD: Explanation. 7 THE PRESIDENT: Explanation is 8 requested. Senator Johnson. 9 SENATOR GOLD: Senator Johnson, 10 there are a number of other education bills 11 which we have been discussing between our staff 12 and the Majority Leader's staff, and I would be 13 more comfortable if we laid this bill aside 14 until we got an answer from the Majority 15 Leader's staff on some of our bills. It may be 16 when that answer comes through it will clarify 17 some of the issues on your bill. 18 Would you consent to lay it 19 aside. 20 SENATOR JOHNSON: Senator, is 21 that going to be today or on another day? 22 SENATOR GOLD: I don't know. 23 Senator Johnson, I don't know. I'm hoping that 6210 1 the powers that be understand the lightning and 2 we start to get some answers. But for the time 3 being if you want to lay it aside, we might wind 4 up saving some debate. 5 SENATOR JOHNSON: Senator, I am 6 being pressed by the Assembly sponsor who 7 already passed this bill to get it going. So 8 I'll lay it aside today, Senator, and hope we 9 can take it up tomorrow. 10 SENATOR GOLD: Thank you. 11 THE PRESIDENT: The bill is laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 1323, by Senator Johnson, Senate Bill Number 15 2121A, Real Property Tax Law. 16 SENATOR LEICHTER: Explanation. 17 THE PRESIDENT: Explanation is 18 requested. Senator Johnson. 19 SENATOR JOHNSON: Mr. President. 20 This bill provides that property can be improved 21 and only -- the assessment, the increased 22 assessment be phased in on the tax rolls over a 23 period of eight years. 6211 1 This is a statewide bill 2 sponsored in the Assembly by Assemblyman 3 Pillittere. I would have preferred, quite 4 frankly, to pass a bill confined to Suffolk 5 County but the Assembly doesn't care to do 6 that. So this bill is before us. It's optional 7 on any municipalities. 8 It's a good bill. It would 9 encourage property improvement. It is very 10 similar to a bill -- I believe it may be on the 11 calendar right now. Senator Marchi is extending 12 this type of exemption for home improvements in 13 the city of New York. This is something that we 14 need in the balance of the state, and certainly 15 in our county we'd like to have if adopted. 16 SENATOR LEICHTER: Mr. President. 17 THE PRESIDENT: Senator Leichter. 18 SENATOR LEICHTER: Yes. Would 19 Senator Johnson yield, please? 20 SENATOR JOHNSON: Yes. 21 SENATOR LEICHTER: Senator, I 22 don't have the memorandum on this bill. What's 23 the fiscal impact? 6212 1 SENATOR JOHNSON: There is no 2 fiscal impact on anyone except communities 3 which decide to opt into it, and probably the 4 impact is they would have more home improvements 5 than they presently have and in addition to 6 increased sales of building products, increased 7 work by contract and increased payrolls, and so 8 forth. That is the fiscal impact, Senator, but 9 there is no negative impact on the state of New 10 York. 11 SENATOR LEICHTER: Well, Senator 12 Johnson - 13 SENATOR JOHNSON: Senator, would 14 you like a memo? Would you like to have a copy 15 of the memo? Would it be helpful to you? 16 SENATOR LEICHTER: No, I believe 17 that you described the optimistic forecast that 18 you made. My question is, you know, we see a 19 lot of bills that we know will have a fiscal 20 impact. Obviously, if a community opts into 21 this and gives up some tax revenue, real estate 22 taxes, that has a fiscal impact. 23 Now, Senator Johnson, your answer 6213 1 is, yes, but it's going to stimulate so much 2 construction that you're actually going to raise 3 more monies in the community through various 4 means. But my question to you is, have you seen 5 any study on this, Senator, which shows that in 6 fact these programs do create new construction, 7 do add to the tax base, or is this anecdotal or 8 your instinct or intuition? 9 SENATOR JOHNSON: All of the 10 above. 11 SENATOR LEICHTER: That's what I 12 thought, Senator. 13 SENATOR JOHNSON: But, Senator, 14 I'd like to ask if you are going to vote against 15 the continuation of a similar exemption for New 16 York City? If you are then I'd say you should 17 vote against this. On the other hand, if you 18 think it's appropriate for New York City 19 residents to have the opportunity to improve 20 their residences without immediately getting hit 21 with one hundred percent increase in the tax or 22 one hundred percent of the value increase, then, 23 therefore, you should follow, I think, likewise 6214 1 and support this. On the other hand, if you 2 think it's negative in New York City and the 3 state, you should do that. 4 But, Senator, let me say that if 5 no one builds anything, nothing happens, and 6 that work is not there and that increased tax 7 revenue is not there. We're trying to let 8 people ease into the increased tax bill they 9 will have as a result of improving their homes. 10 SENATOR LEICHTER: Senator, I 11 think you make a good point about consistency 12 and if it makes sense for New York City will it 13 make sense upstate, and I'm, frankly, not sure 14 yet really how to vote on this bill or Senator 15 Marchi's bill. Actually I laid Senator Marchi's 16 bill aside, as I believe did some other people. 17 My concern with these bills, 18 Senator, is that often they do carry a large 19 price tag. We've seen it in New York in the 20 exemption program for -- that ended up being an 21 exemption program for luxury housing. We saw it 22 in New York for commercial programs, where we 23 gave enormous subsidies for commercial 6215 1 development, for instance, along in the Times 2 Square area. Development that would have 3 occurred in any -- would have occurred even 4 without this benefit. 5 What I'm just concerned about, 6 how much of a valid incentive is it, or are we 7 just giving people a tax exemption for something 8 they were going to do anyhow and thereby eroding 9 the tax base or limiting the tax base of the 10 community? 11 SENATOR JOHNSON: Senator, let me 12 explain something to you. This bill does not 13 reduce the exemption on any existing property; 14 so, therefore, there is no way this could be a 15 loss to any community. On the other hand, if 16 people do improve their properties, the 17 assessment will phase in over eight years, where 18 under the present system -- a real disincentive, 19 I might say -- if you improve your property, you 20 immediately have an increase of 1,000, 2,000, or 21 whatever, taxes on your house. 22 Some people are afraid to improve 23 their property because they don't know how they 6216 1 are going to pay the present tax bill let alone 2 next year's tax bill. So this is really an 3 incentive to improve property. As you know, 4 Senator, you tax something, you get less of it 5 and you are getting less construction because of 6 the taxes. And if you subsidize something to 7 some extent, you get more of it. 8 And we're having a sort of a 9 subsidization by the balance of the community if 10 that's the wish of the ruling council or board 11 or whatever over in a community. And, Senator, 12 I say if it's good for New York City it's good 13 for the rest of the state. 14 And I might say I have been 15 entreated by the city of Rochester to please 16 pass this bill because they want this to improve 17 their community, and Assemblyman Pillittere, as 18 I understand, might be a Democrat, and he wants 19 this bill. The Long Island Association wants 20 this bill because they want some economic 21 activity in our state and in our region. 22 And as you know, it's been said 23 before, many times, that we've lost over 40 6217 1 percent of the jobs in the recent recession that 2 we have been enjoying in this state. It's time 3 to do something affirmative to get a little 4 economic activity going without any negative 5 downsizing -- the jobs, the increased sales of 6 building materials, plumbing materials, and so 7 forth. It's definitely an upbeat thing for the 8 economy, and we should be permitted to do that 9 without penalizing people. 10 SENATOR LEICHTER: Senator, one 11 final question, if you would be so good as to 12 yield. Is this solely for residential 13 properties? 14 SENATOR JOHNSON: Yes. 15 SENATOR LEICHTER: And would that 16 also be for apartment buildings or is this 17 defined in some way to be limited? 18 SENATOR JOHNSON: Residential 19 buildings. It says "residential buildings." Our 20 bill had up to two-family buildings. Let me see 21 what this says, here. 22 Okay. Two families, Senator, 23 page 2, line 50. One- or two-family homes. 6218 1 SENATOR LEICHTER: Which line was 2 that, Senator? 3 SENATOR JOHNSON: Page 2, line 4 50. 5 SENATOR LEICHTER: Okay. 6 Senator, you were eloquent as always, and you 7 have convinced me. 8 SENATOR JOHNSON: Thank you, 9 Senator. 10 THE PRESIDENT: Senator Jones. 11 SENATOR JONES: On the bill, Mr. 12 President. I just wanted to add my support to 13 what Senator Johnson has already said. The city 14 of Rochester is extremely interested in the 15 passage of this bill. Ninety-seven percent of 16 the houses in Rochester are over ten years old 17 and the revitalization of the neighborhood is 18 very critical to the city. 19 So they are very much in support 20 of this bill and feel it would be a great 21 attribute to the city to be able to offer this 22 extension and as a result get the property 23 improved. So I would like to support this bill. 6219 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 53, nays 1. 8 Senator Cook recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1329, by Senator Cook, Senate Bill Number 4177, 13 an act to grant retroactive membership in 14 retirement benefits from the New York State and 15 local employees retirement system. 16 SENATOR GOLD: Explanation, 17 please. 18 SENATOR COOK: Mr. President. 19 According to the information I have, Ruth 20 Rauscher was employed by the Eldred School 21 District from September '78 to May of '91. The 22 Sullivan County School District participated in 23 the New York State employees retirement system, 6220 1 but through no fault of her own Ruth Rauscher 2 did not become a member of the system in 1978. 3 Under this legislation, Ruth Rauscher shall be 4 deemed to have been retired from such employment 5 in May of '91 and, therefore, be eligible for 6 all retirement benefits as any other member with 7 like service credit of age as herself provided 8 she files an application with the Comptroller on 9 or before December 31st. 10 SENATOR GOLD: Will Senator yield 11 to a question? 12 SENATOR COOK: Yes. 13 SENATOR GOLD: Senator Cook, I 14 admire your ability, so I am not shocked to see 15 that you have picked up on the -- what I call 16 the Goodhue excuse, quotes, "through no fault of 17 her own." What does that mean? In this case 18 what is not her fault? 19 SENATOR COOK: That means that 20 when a person is employed the assumption is that 21 the employing body will inform the individual of 22 all the rights and the opportunities that they 23 have and that they will see to it that the 6221 1 necessary papers are filed so that this person 2 becomes a member of the system. Unfortunately, 3 when you are dealing with small entities, 4 occasionally the personnel who are doing the 5 hiring are not highly trained personnel people 6 and for some reason or another they don't file 7 the necessary papers. 8 In this case, the school district 9 has admitted that in fact that was the case, and 10 they are prepared to pay the freight. 11 SENATOR GOLD: Will you yield to 12 a question, Senator? 13 SENATOR COOK: Yes. 14 SENATOR GOLD: You say the school 15 district said that wasn't the case. I assume 16 when she became employed there was somebody who 17 handled her employment, her application, her 18 paperwork. Isn't that so? 19 SENATOR COOK: I'm sorry. 20 SENATOR GOLD: There was some 21 human who handled her paperwork? 22 SENATOR COOK: Apparently. 23 SENATOR GOLD: Well, Senator, 6222 1 would you yield to another question? 2 SENATOR COOK: Yes. 3 SENATOR GOLD: Do you know who 4 that human was and whether that human was 5 involved in any other individuals who became 6 employed? 7 SENATOR COOK: I assume they 8 probably were, Senator. There is no explanation 9 as to why this person's records are different 10 from other people's. Somebody dropped the 11 ball. She assumed she was a member of the 12 system. She was not a member of the system. 13 Nobody, frankly, has an explanation, except that 14 for some reason the paperes didn't get filed. 15 SENATOR GOLD: Senator Cook, if 16 you yield to one more question? 17 SENATOR COOK: Yes. 18 SENATOR GOLD: You are saying 19 that nobody has an explanation and, therefore, 20 we're assuming that the woman was not given 21 information, which she may very well have been 22 given, or that she filed papers or somebody lost 23 it. We don't know what happened. 6223 1 SENATOR COOK: That's exactly the 2 case. 3 SENATOR GOLD: We do not know 4 anything other than the fact that this woman is 5 not a member of the system. 6 SENATOR COOK: Senator. 7 SENATOR GOLD: Yes. 8 SENATOR COOK: If a person is 9 employed they are supposed to become a member of 10 the employees retirement system; correct? 11 SENATOR GOLD: I don't know. 12 SENATOR COOK: They are employed 13 by a public entity. 14 SENATOR GOLD: Yeah. 15 SENATOR COOK: That's mandatory. 16 Whoever is the clerk of the employer under 17 normal circumstances fills out these papers, 18 mails them to the retirement system. It's not 19 the employee who does these things, normally. 20 It's the clerk of the district. It's their 21 responsibility to do this. It's the same thing 22 as you don't mail your W form in -- W-4 form in 23 to the Internal Revenue Service. The employer 6224 1 does that. You don't send your Blue Cross - 2 0-0-0 that name. You don't send your health 3 insurance registration in to the insurance 4 company. The employer does that. In this case, 5 for some reason that nobody understands, the 6 employer did not do this. Now, the situation 7 would be, I suppose, if it were health insurance 8 you would be expecting a membership card. But, 9 you know, with non-contributory retirement 10 systems, you don't have any evidence of that. 11 The employee frankly doesn't really know that 12 the employer is paying a premium in to the sys 13 tem for them, so they don't get any information 14 about that. And this person suddenly woke up 15 one day and found out that this piece of paper 16 that was supposed to go to Albany never went, 17 and that's really the situation. And, you know, 18 where could it be? It could be under the desk. 19 You know, it could have been dropped on the way 20 to the post office. Nobody knows. 21 SENATOR GOLD: Will the Senator 22 yield to one more question? 23 SENATOR COOK: Sure. 6225 1 SENATOR GOLD: Senator, the woman 2 become employed in 1978. In December of 1978, 3 was there a mandatory system in place in in 4 locality? 5 SENATOR COOK: I think that, 6 Senator, and I could stand to be corrected, but 7 I think that all public employees are -- have to 8 join the retirement system. I may be incorrect 9 on that. 10 SENATOR GOLD: Senator Cook, if 11 you will yield to a question? 12 SENATOR COOK: Yes. 13 SENATOR GOLD: One thing I'm very 14 sympathetic about, Senator, is when a legislator 15 says to me they are not sure about something, 16 because we vote some 2,000 times in this place, 17 and as you and I both know, maybe 800 of those 18 are one-house bills, so you try to get them out 19 of your mind and then the Governor vetoes some. 20 So when people in my law firm ask 21 me questions, I say, "You better check the book 22 because I don't want to get confused." But my 23 understanding, Senator, is that a number of 6226 1 years ago there were options as to whether or 2 not people joined or not joined. 3 SENATOR COOK: Senator, I'm told 4 that you are correct. 5 SENATOR GOLD: That I am correct? 6 SENATOR COOK: That it was 7 optional at that time. 8 SENATOR GOLD: So, Senator, 9 that's -- I think today it may not be, but I 10 think then it was. 11 So, Senator Cook, now I ask you 12 to just take one more step back. If the system 13 was optional, and somebody didn't take the 14 option, and now we come here in 1993. The woman 15 went to work in 1978. I think it's absurd for us 16 to be putting people into pension systems some 17 fifteen years or more after they started work, 18 when the bottom line is that you and I both 19 know, Senator Cook -- at least I know and I'm 20 telling you -- that is there were people who 21 elected not to be part of the system. 22 Senator, I have people who worked 23 for me for 20-some-odd years. They wished they 6227 1 had joined the system. They never did. It 2 wasn't the state's fault. 3 SENATOR COOK: Can I ask you a 4 question? 5 SENATOR GOLD: Of course. 6 SENATOR COOK: If I may, Mr. 7 President? Senator, who will pay the cost of the 8 benefit? 9 SENATOR GOLD: Well, I'm taking a 10 look at the fiscal note. It says that some part 11 of the cost be paid by the Eldred Central School 12 District. 13 SENATOR COOK: The Eldred Central 14 School District, which was the employer, admits 15 that they made the error. They admit it; that 16 they are willing to pay that cost; and the 17 employee, if there is an employee cost in there, 18 is prepared to pay the cost. I don't know that I 19 am prepared to tell the Eldred School District 20 that I don't believe them, that they didn't make 21 a mistake, when they are willing to admit they 22 made a mistake and pay the cost. 23 SENATOR GOLD: Thank you. 6228 1 On the bill, Mr. President. 2 THE PRESIDENT: Senator Gold. 3 SENATOR GOLD: Yes. Mr. 4 President. There is a lady named Ruth Rauscher, 5 and I want to tell you what it is to be 6 important. The President of the United States is 7 a very important person. The Governor is very 8 important. But in this woman's life, the most 9 important people are not the President, not the 10 Governor. It happens to be some people on a 11 local school board, and I guess if you are Ruth 12 Rauscher and the people on the school board like 13 you and everybody's memory is jarried so they 14 want to do you a favor, you wind up in a pension 15 system. 16 You know, one of the great shows 17 in American musical theatre liturgy, "Damn 18 Yankees", it's wonderful. This fellow has no 19 background, makes a deal with the devil, and now 20 he is a baseball player. And the devil who is 21 trying to get him back has to cause some 22 commotion. So now the question is, "Who is this 23 man?" And he was very lucky because some friends 6229 1 come forward and start swearing about his past 2 that never occurred. You all remember that 3 show. It was a wonderful show on Broadway; it 4 was a great movie. And there were these 5 wonderful friends swearing about a past for 6 someone who never existed and who had no past. 7 I think that this is ridiculous. 8 Now, Senator Trunzo says that after all of our 9 work, there is going to be a Governor's program 10 bill. Let's get a Governor's program bill, and 11 let's get a bill and let these people come 12 before some tribunal or let them do something 13 internally. But I mean we are really ridiculous 14 in doing this stuff. 15 I don't know this woman from a 16 hole in the wall, and nobody else does either, 17 and we're now going back to 1978 when she 18 probably went to work -- I'll betcha, Senator 19 Cook. I'll bet you an apple inside there 20 (indicating) that my scenario is closer to the 21 truth than yours; that this woman went in in 22 1978 and they explained it to her and she said, 23 "Gee, I don't want to give up any money, or I 6230 1 don't -- you know, that sounds like communism. 2 I don't want to be part of any systems or 3 anything. Leave me out of it." 4 Then the woman retires and, all 5 of a sudden, this one's getting money and that 6 one's getting money, and they say, "You know 7 something, Ruth, you're a sweet lady. I'll 8 betcha no one explained it to you; right? It's 9 our fault. Why don't you let us do this, and 10 maybe you'll put up about $1500, but don't worry 11 about it because you are going to get 8400 right 12 back again," and being someone who was involved 13 in the school system, she's very good in math 14 and knows that 8400 beats 1500. Put that up 15 every day. 16 And I just think this is silly 17 stuff. It just is really silly stuff. Senator 18 Cook, you are a gentleman. You are a good guy 19 with a big heart, and I know you always want to 20 do nice things for people, but I think this is 21 the wrong way to spend taxpayer funds. 22 SENATOR LEICHTER: Mr. President. 23 THE PRESIDENT: Senator Leichter. 6231 1 SENATOR LEICHTER: Yes, Mr. 2 President. I think Senator Gold made a very 3 compelling argument, but there is one thing that 4 troubles me, and I wonder whether Senator Trunzo 5 would be so good as to yield. 6 If you would, Senator, I ask you 7 to yield because I think these bills come out of 8 your committee, and we've seen a number of bills 9 like that, maybe twenty this year, and all of 10 them were sponsored by Republicans, which raised 11 a question in my mind because somebody may draw 12 the inference that voters, including employees 13 or at least certainly public employees, in a 14 district represented by Democrats don't make 15 these mistakes. Maybe they are considered to be 16 smarter. 17 Let me finish my question. 18 Either they're smarter or the Democratic 19 representatives they have do a better job in 20 informing people what their pension rights are 21 so they don't make these mistakes that seem to 22 occur only in districts represented by 23 Republicans. 6232 1 Could you explain that to me? 2 SENATOR TRUNZO: Well, I can tell 3 you this, Senator Leichter, that there are many 4 bills which were sponsored by Democratic 5 Senators that were also put out, and in many 6 cases, have already been voted on by this 7 floor. In fact, one bill just came out of Rules 8 today for Senator Nolan. So there are bills by 9 Democratic Senators that have come out. 10 Now, what has happened in many 11 instances, when they were in the Civil Service 12 and Pensions Committee, we didn't let anything 13 out unless it had a home rule message. Then we 14 sent it over, either to the floor or to Rules. 15 In the past couple of weeks, 16 Rules has been calling bills on their own, 17 whether there was a home rule message or not, on 18 various people including Democrat Senators. And 19 so there have been bills on the floor. There 20 have been bills already passed for Democratic 21 Senators as well as Republicans. So you can't 22 say it's just a one-sided thing. 23 SENATOR LEICHTER: Right. Mr. 6233 1 President. I accept my good friend's 2 explanation. It's just that I haven't seen any 3 Democratic bills this year, and it brought to 4 mind the thought, "Geez, are the employers 5 represented by Democratic Senators more 6 careful?" And you tell me that indeed there are 7 some public employees represented by Democratic 8 Senators that have also -- without their mistake 9 or without any fault of their own have taken 10 advantage of pension benefits. 11 Thank you, Senator. 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 54, nays 3. 19 Senators Galiber, Gold and Leichter recorded in 20 the negative. Also Senator Paterson in the 21 negative. Excuse me. 22 THE PRESIDENT: The bill is 23 passed. 6234 1 THE SECRETARY: Calendar Number 2 1333, by Senator Bruno, Senate Bill Number 3 4601A, Economic Development Law. 4 SENATOR GOLD: Explanation. 5 SENATOR BRUNO: Explanation? 6 THE PRESIDENT: Senator Bruno. 7 SENATOR BRUNO: Mr. President. 8 As we all know in this chamber, by law, we have 9 designated or can designate up to 40 economic 10 development zones in this state. Presently, 11 there are 19 designated. This legislation 12 authorizes an additional 15 to be determined as 13 the law allows. 14 Why are we anxious to create 15 15 more? Because, as you all know, EDZ zones are 16 created in depressed distressed areas with 17 certain criteria allowing them to qualify. If 18 they qualify it's because people there have high 19 unemployment, property taxes aren't producing 20 the revenue that they should. So by this 21 legislation, we are trying to do what we can to 22 help create jobs in distressed areas of this 23 state. 6235 1 SENATOR DOLLINGER: Mr. 2 President. The sponsor yield to just one 3 question? 4 THE PRESIDENT: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Through you, 7 Mr. President. I understand this bill is under 8 negotiation with the Assembly. Is that 9 correct? 10 Could you just tell me what the 11 current status of that is? I understand there 12 are not significant differences between this 13 bill and a version that has either been proposed 14 or discussed in the Assembly, and I'd just be 15 interested in knowing what the status of that is 16 and whether we can expect a final resolution? 17 SENATOR BRUNO: Thank you, 18 Senator. You're right. This bill has been 19 negotiated for several months with the 20 Governor's office, with the Assembly, and I will 21 share with you in this chamber that we have an 22 analysis of the Governor's proposal and ours, 23 and about 80 percent of the Governor's are part 6236 1 of our bill. The Assembly has been seeing fit 2 to approach this differently, and they have 3 almost been watching as the negotiations have 4 taken place. 5 Now, I don't say that 6 argumentatively. I say that as a statement of 7 fact. So I am hopeful by moving this 8 legislation that's very close to the Governor's 9 parallel that we will help them understand that 10 we are very sincere in that we mean and hope to 11 get something done to be helpful to the people 12 of this state. 13 So the negotiations are ongoing, 14 Senator. You're right, and I hope that before we 15 get out of here that we will get a bill to take 16 to the people to accomplish something 17 meaningful. 18 SENATOR GOLD: Mr. President. 19 THE PRESIDENT: Senator Gold. 20 SENATOR GOLD: Yes. Will Senator 21 Bruno yield to a question? 22 SENATOR BRUNO: Yes, Senator. 23 SENATOR GOLD: Senator, you have 6237 1 been here a long time, and I was asked a 2 question by one of the staff people, and I don't 3 know the answer to it, and I'm sure you probably 4 could help me out. 5 Who is the author of this 6 philosophy that if you are negotiating and you 7 pass a one-house bill you somehow get the other 8 side to shiver and shake and do more at the 9 table? I was trying to figure it out. It makes 10 no sense to me, but I figured somebody must have 11 authored that philosophy. 12 SENATOR BRUNO: Gee, I thought it 13 was Senator Gold, but apparently I am mistaken. 14 SENATOR GOLD: You won't find any 15 one-house bills of Senator Gold's. I'm having 16 enough trouble with two-house bills now. 17 SENATOR BRUNO: So I am mistaken, 18 apparently, Senator, so I cannot answer your 19 question. But, as you know, it is one way of 20 not getting people to quiver and shake, but it 21 is one way of establishing very clearly what 22 your legislative intent is, and we are basically 23 stating this is our intent. This is what we're 6238 1 willing to see become law. We feel that the 2 Governor's office fairly concurs, and we hope to 3 get the Assembly to buy in. 4 SENATOR GOLD: Will the Senator 5 yield to a question? 6 SENATOR BRUNO: Yes, Mr. 7 President. 8 SENATOR GOLD: Senator, I know 9 that you have had some very, very public debates 10 with the Governor and with other people on 11 issues such as spending the taxpayer money and 12 taxes and rebates, et cetera. 13 Senator, I know, wouldn't -- this 14 bill has your name on it. It was printed. It 15 cost money to print it. Don't you think that the 16 fact that you went this far is a sign, a real 17 signal to the Assembly and the Governor that you 18 mean business and that you are a responsible 19 person who wouldn't spend taxpayer money over 20 nonsense, had this printed because you believe 21 it ought to be the law. 22 Isn't that telling them enough 23 without us spending two hours on it here? 6239 1 SENATOR BRUNO: I would think so, 2 Senator, and I would prefer to spend two minutes 3 on this rather than two hours, because I think 4 this is meaningful enough in concept that anyone 5 in this chamber that relates to economic 6 development and job creation will support it, 7 and that's really the bottom line here because, 8 if this passes this house, they can substitute 9 it over there, and it can become law. 10 So there is no prohibition as you 11 know, Senator, that prevents them from passing 12 this bill. 13 SENATOR GOLD: All right. Mr. 14 President. I know some other people have some 15 questions, but I would just like to make this 16 comment. 17 Senator Bruno, unfortunately, 18 when we deal in some subjects which are large - 19 if I can use that word. It's a terrible word - 20 we don't have two-minute debates, because we 21 have the bill we had of your -- it wasn't your 22 bill. It was somebody else's bill yesterday, 23 "the fund that didn't exist" bill on the 6240 1 environment, and it had to be answered. So it 2 wasn't two minutes. 3 But, Senator, if it was only two 4 minutes and if you realize that we have about 5 800 one-house bills a year, that's two minutes 6 times 800 is 1600 minutes, divide that. How 7 many hours is that? Twenty, thirty hours that we 8 spend here on this nonsense. So even at two 9 minutes it comes out to that. 10 I know that in Syracuse that's 11 not a lot of time but -- I mean in Albany, I 12 would hope we'd have more respect for that. 13 THE PRESIDENT: Senator Espada, 14 did you want recognition? 15 SENATOR ESPADA: Yes, Mr. 16 President. Will Senator Bruno yield to a 17 question, please? 18 SENATOR BRUNO: Yes, Mr. 19 President. 20 SENATOR ESPADA: Yes. I 21 understand that in your bill, certainly you want 22 the tax credit and you do not have language or 23 provisions in there that would result in the 6241 1 comprehensive health care insurance for Tier I 2 employees, but I'm very interested in your 3 inside -- in your observations about that issue, 4 the potential loss of comprehensive health 5 insurance for Tier I employees, in the 6 Governor's bill? 7 SENATOR BRUNO: I'm not sure that 8 I understand your question, Senator. 9 SENATOR ESPADA: Well, the 10 question, just to rephrase the question, what 11 are your feelings about -- should a negotiation 12 ensue that would have the possibility of the 13 loss of comprehensive health care insurance in 14 exchange for a tax credit, what would your 15 feelings be about that? 16 SENATOR BRUNO: Debating those 17 two issues, health care? 18 SENATOR ESPADA: Just strictly 19 the loss of comprehensive health care insurance 20 as a possibility. 21 SENATOR BRUNO: We haven't 22 addressed that, you're right, in this 23 legislation. Should we address it? I think 6242 1 there are a lot of issues like that one that 2 should be addressed, certainly, so that we don't 3 deprive employees, public or private, of any 4 benefits that can be provided within the realm 5 of the economics of the state. 6 SENATOR ESPADA: I want to draw 7 from you, and I just want to be very clear, Mr. 8 President, if I may, that -- as you know, I 9 would certainly be in favor of these kinds of 10 tax credits and certainly expanding the economic 11 zones as you provide for in your legislation. 12 What I'm trying to seek out from 13 you is, specifically, if we give momentum and 14 support to this, I would like some assurance 15 that you would protect the health care insurance 16 for Tier I employees. 17 SENATOR BRUNO: Yes. I'm not 18 relating to what's specific about Tier I but 19 there is a concern that the employees be 20 protected and enhanced, and our position has 21 been just that. 22 SENATOR ESPADA: Thank you so 23 much. 6243 1 SENATOR BRUNO: Thank you. 2 THE PRESIDENT: Senator Masiello. 3 SENATOR MASIELLO: Thank you, Mr. 4 President. 5 Senator, if you will yield to a 6 question or two or three? 7 SENATOR BRUNO: Yes, Mr. 8 President. 9 SENATOR MASIELLO: Senator Bruno, 10 I recognize 4601 is an attempt to enhance the 11 zones through specific tax credits, especially 12 Tier I employees and Tier II employees. But in 13 light of the state's fiscal problems, could we 14 afford to do this? Is this going to have any 15 adverse effect on our ability financially to 16 balance our budget? 17 SENATOR BRUNO: Well, Senator, I 18 have had a concern, as I know you have and many 19 of our colleagues here, about creating 20 incentives for business in this state, to create 21 a favorable business climate. And we feel that 22 through the incentives that are in this 23 legislation -- and you're right, the immediate 6244 1 impact is an estimated cost of $10 million. But 2 when I say "cost," I could substitute 3 "investment." 4 If we invest these dollars in 5 these depressed areas, we get people off 6 unemployment, out of welfare, you upgrade the 7 properties, you create additional taxes from 8 profitable companies, so that that investment 9 returns hopefully ten-fold in an ongoing way. 10 But what's even more important, 11 Senator, and I think you especially will relate, 12 to the area that you represent, helps people 13 gain some dignity in that they are gainfully 14 employed rather than on the public dole. There 15 are too many people in too many depressed areas 16 in this state, unemployment 8, 9 and 10 percent, 17 that suffer the consequences of that 18 unemployment. 19 So, sure, there is an initial 20 investment in this. Can we afford it? I think 21 absolutely we can afford it because we will get 22 a return on our investment. 23 SENATOR MASIELLO: Would you 6245 1 yield to another question, Senator? 2 SENATOR BRUNO: Yes. 3 SENATOR MASIELLO: In this 4 legislation, we talk about offering wage tax 5 credits, investment tax credits, a whole host of 6 other types of incentives, so to speak, that 7 would help stimulate the job market and create 8 jobs. And initially, you know, we want to get 9 these businesses involved in these new zones, 10 and I understand the concept. 11 But, also, they are going to reap 12 some benefits. They are going to be able to 13 generate revenues and profits. Certainly that's 14 what they are in the business for. However, 15 what are we getting in return as far as the 16 kinds of jobs and the salary structure and the 17 benefit structure that people need to be, quote, 18 using your own term, "gainfully employed"? 19 Are there any thresholds of job 20 salaries or things like that that we have in the 21 bill or we could put in the bill that would 22 ensure that people would be making a meaningful 23 wage to support themselves and their family? 6246 1 Oftentimes, we create jobs where 2 the employer is getting a maximum benefit and 3 the employee is making 4.50, five bucks an hour 4 or six bucks an hour, not that those are bad 5 wages but, in many cases, Senator, they are not 6 sufficient enough for a person to support his or 7 her family. 8 SENATOR BRUNO: Senator, we voted 9 in this chamber to establish the law that 10 created the economic development zones in the 11 first place. All of the things -- there are 12 nineteen in existence today. All of the things 13 that you are referring to are in that covering 14 legislation. So all that we are doing, if 15 anything, is enhancing what is already there to 16 help these people in these depressed, deprived 17 areas, with health insurance, addressing the 18 minimum wages that are there in present law, the 19 benefits that must accrue, a whole list of 20 criteria. 21 So the intent really is to expand 22 and enhance an existing program because, as you 23 know, Senator, we in New York have lost 43 6247 1 percent of all of the jobs lost in this country 2 in the last several years. So this is an 3 attempt to do something very positive to help to 4 get some of those people back to work. 5 SENATOR MASIELLO: Senator, I 6 hope and I want to do something very positive. 7 But, here again, I don't want to create a 8 situation where you have businesses or industry 9 reaping all the benefits in return for jobs that 10 pay very little monies or have very little 11 fringe benefits. 12 Now, did I hear you correctly - 13 and just a point of clarification. What is the 14 situation with health care benefits? Will they 15 or will they not be part of the package? 16 SENATOR BRUNO: There is a 17 formula, in that, the wage tax credits are 18 increased as the benefit package or health 19 insurance is enhanced. 20 Now, Senator, if you have studied 21 this bill or at least you have certainly studied 22 parts of it, you know that it's a 36-page bill. 23 If you or anyone else is interested, we have 6248 1 done an analysis of this bill in great detail. 2 We have done a comparison of where we are with 3 the Governor, very detailed. 4 I think that if you look at this 5 very closely that you will see this expands and 6 enhances an existing program. When you talk 7 about the costs that you are relating to, I 8 think about them as investments. Do businesses 9 prosper by the incentives? I sure hope so 10 because that's what we're trying to accomplish. 11 You know and I know that 12 businesses will not go into some of the areas in 13 your district, into New York City, especially. 14 They won't locate there. They just don't and 15 won't. 16 So what do we do? Do we watch the 17 real estate deteriorate to zero? Do we watch 18 people move out of the area? Do we watch them 19 stay on welfare and unemployment, or do we do 20 some positive things? We and, to the credit of 21 the Governor, he has tried to move forward with 22 a positive program. 23 So I guess I have a little 6249 1 trouble understanding where all of the 2 nitpicking, if I can use that term, comes from 3 when you already have a program with economic 4 development zones. Should there be 5 accountability? Absolutely. 6 What have we done in this 7 legislation? We have increased the 8 accountability. We have set criteria, goals, 9 objectives, and increased the accountability so 10 that the companies that get the benefits are 11 held accountable so that they truly provide the 12 benefits to the unemployed. 13 SENATOR MASIELLO: Is this an 14 extension, Senator, of the existing enterprise 15 zone legislation that we have or program? 16 SENATOR BRUNO: Yes. 17 SENATOR MASIELLO: The same 18 program we have now your bill is an extension of 19 that. 20 SENATOR BRUNO: It enhances. 21 SENATOR MASIELLO: It enhances? 22 SENATOR BRUNO: Yes. It adds, we 23 think, some benefits to the public. Yes. 6250 1 SENATOR MASIELLO: One other 2 question. I wish I could -- I haven't had time 3 to read the bill in its entirety, but is there 4 -- one other thing that concerns me is, 5 oftentimes, we create a situation like this 6 where you have these incentives and we need to 7 be doing that, but are there any safeguards in 8 the bill that would prevent a business from 9 relocating from one part of a city or one part 10 of a county or one part of the state into 11 enterprise zones to reap these kinds of benefits 12 and, therefore, causing job loss or other 13 problems some place else? 14 SENATOR BRUNO: Yes, Senator, 15 there are safeguards. And you are absolutely 16 correct in that we are not serving a public 17 benefit if we allow people to just move from one 18 area to another because they can get better 19 breaks. There are safeguards in this 20 legislation. Very specifically, if a business 21 is going to move from one municipality to 22 another, for any of these benefits to occur, 23 there has to be agreement by the two 6251 1 municipalities, the one that's leaving and the 2 one that's accepting that business. 3 So you're right to be concerned, 4 and we have addressed that in this legislation. 5 SENATOR MASIELLO: The reason for 6 my questions, Senator, I think we have to be 7 doing more job creation, obviously. I represent 8 an inner city. I represent a city that has high 9 poverty, high crime, a whole host of problems 10 that maybe many of us are familiar with. And 11 day in and day out when I'm back home, the first 12 question asked me is I need a job; where can I 13 find a job. And the economy has a tremendous 14 impact on crime. It has a tremendous impact on 15 a whole host of social and domestic issues that 16 we have to deal with as legislators or our 17 constituents have to deal with. 18 So I'm in favor of trying to 19 provide those kinds of incentives for cities for 20 companies to locate in, especially inner cities, 21 and we're going to have to provide those kinds 22 of incentives, but I want to do this right. I 23 want to make sure that it's a win-win situation 6252 1 for both sides, not just the employers but the 2 employees, and it's very, very important that 3 men and women who get jobs have an opportunity 4 to make a meaningful wage, have an opportunity 5 to have some benefits to protect them and their 6 families, and that's really where I'm coming 7 from in this discussion. 8 And all too often, I've heard 9 horror stories, especially from Senator 10 Leichter, and others, about a whole host of 11 benefits that we have given to business and 12 industry, and we've gotten very little in 13 return. 14 So that's the reason why I am 15 asking these questions, and perhaps I have to 16 look further into your bill and compare it more 17 closely to what the other -- the other house to 18 find out whether or not one is better than the 19 other. 20 But I'm concerned because I have 21 a constituency that can't wait any longer, that 22 is desperate, that wants to go back to work, and 23 I want to make sure that when we go back home 6253 1 this week end or next week or whenever it is, 2 that we have a bill that's actually going to 3 work, that's actually going to produce 4 meaningful jobs for people. 5 SENATOR BRUNO: Senator, if I can 6 respond. I thank you for your comments and your 7 observations and your questions, because I know 8 they are very well intended. 9 And I will just conclude this in 10 that we are in exactly the same place. That's 11 exactly our intent in this legislation, not to 12 have businesses move into areas and rip off the 13 public but to create something very meaningful. 14 Because you're right, the most depressing, 15 distressing thing is to have people unemployed 16 with no jobs. So that's the purpose of this, 17 and we're trying to be very careful in drafting 18 this that we meet the objectives as you have 19 outlined them. 20 SENATOR MASIELLO: Thank you. 21 THE PRESIDENT: Senator Galiber. 22 SENATOR GALIBER: Just a couple 23 of quick questions. 6254 1 SENATOR BRUNO: Yes. 2 SENATOR GALIBER: Senator, are 3 there any sanctions involved where businesses 4 take the benefits and where they reach the 5 maximum and they move out? Whether we have a 6 receiver city, certainly they are going to build 7 their economy. We have no problem receiving 8 them. Are there any sanctions for those persons 9 who - 10 SENATOR BRUNO: Yes, Senator - 11 SENATOR GALIBER: -- come in and 12 sort of just take - 13 SENATOR BRUNO: Well, there are 14 in this. 15 SENATOR GALIBER: -- without 16 giving anything back? 17 SENATOR BRUNO: As you know, 18 there are ongoing benefits for periods of time 19 when you are located in a zone. The businesses 20 will have to report periodically as to what they 21 are doing, who they are employing, what the 22 benefit packages are. And based on whether or 23 not they meet certain criteria will be made the 6255 1 determination on whether or not their benefits 2 continue. 3 So there will be a great 4 incentive for businesses to make sure that they 5 are treating their employees very fairly, 6 because if they are not they are going to lose 7 the benefits of having been in an EDZ zone. 8 SENATOR GALIBER: Yes. Is there 9 anything in your bill that spells that out or is 10 that the intent? Which, of course, often our 11 intent is lost by the wayside by the time a bill 12 is passed and becomes law, you read it and you 13 look at it from a practical standpoint, "This is 14 not my bill; that is not what I intended." 15 And the reason I ask that, 16 Senator, is because no one is more sensitized to 17 economic development, and I think most of the 18 folks in this chamber, very frankly, and for 19 someone who supported the enterprise zones on a 20 federal level for a number of years when there 21 was a -- I like to say affectionately a 22 Garcia-Kemp bill. I guess that has to do with 23 my political discipline. But it was a bill 6256 1 which was the answer to a very conservative 2 Republican administration. The Heritage 3 Foundation said so, "This is for God, country 4 and a strong defense," and there was a lot of 5 objection to it. 6 The principal objection to 7 enterprise zones was the fact that there would 8 be people -- business folks would come in and 9 reap the benefit and then move out. And the 10 same concern is when we modified that and came 11 up with the domestic zones that have been in 12 existence for some time. 13 So those of us who are sensitized 14 about a good solid bill coming out are not 15 opposed to the intent of the bill. What we are 16 concerned with is in the enterprise zones is 17 that they're all incentives, that there are not 18 sanctions for those persons who come in and 19 capitalize to the fullest extent and then move 20 out, and when they move out, usually the area 21 that they leave was in worse condition than it 22 was before. 23 And especially since you say 6257 1 let's invest in the future, and the dollar 2 amount is what we're investing for the future. 3 But if we are investing with unscrupulous 4 business persons who come in to capitalize on 5 the benefits and then move out and there's no 6 sanctions at all, then this is a concern that we 7 definitely have. 8 SENATOR BRUNO: Senator, I share 9 that concern, and I can only answer you in that 10 we feel that they have been addressed, in that, 11 if the business doesn't meet criteria by their 12 reporting, number one, they lost incentives that 13 got them there in the first place. They lost 14 them. 15 SENATOR GALIBER: Fine. 16 SENATOR BRUNO: Secondly, if they 17 have been fraudulent in any way, then they are 18 punishable by the law for that fraudulent 19 behavior. 20 SENATOR GALIBER: But there's got 21 to be something -- I don't want to get 22 argumentative with you about it even in the 23 course of so-called debate, but there is an in 6258 1 between category, not necessarily defrauding 2 where there's a criminal sanction involved. 3 Just somewhere in between they are doing the 4 bare minimum to reach a criteria which would 5 make them eligible to stay there, and you wake 6 up one morning and they have gotten everything 7 out, and they do not come in the fraud category 8 but they are gone, and the community is worse 9 off than they were before. 10 Because I'm not impressed, very 11 frankly, with the McDonald's wages that are in 12 there very frankly. And that's what it is, 13 McDonald wages. What happens to that person? 14 That's a big, big issue. That's why the 15 enterprise zones on a federal level -- one of 16 the main reasons why there was a serious 17 objection on this very point. 18 And though you say you have 19 addressed it -- I know you would like to, and 20 there may, very frankly, Senator, be no answer 21 for it at this particular point in time except 22 we've got this and we'll keep working at it. 23 But my concern is, where are the 6259 1 sanctions for those unscrupulous persons who 2 come in the community? For example, Senator, we 3 have at the present time DOT is giving property 4 away, in my judgment, in some of the same areas 5 that you make reference to. Part of the area is 6 in a domestic zone in Bronx County. They have 7 some ninety acres of rail land there. DOT is 8 negotiating long-term leases. And when we 9 figure it out, it's about 25 cents or so or $25 10 or something less per acre. They are giving the 11 property away and ruining the potential to bring 12 back some of those 600,000 manufacturing jobs 13 that we lost in the '70s. So we're doing these 14 kinds of crazy things, and DOT is sanctioning 15 it. 16 We have a bill which we think is 17 going to come up where they want to do the same 18 thing in extending a tennis area out in Queens 19 where they are all but giving the property 20 away. 21 So built into these enterprise 22 zones, though our intentions are good, these 23 leases that we have and the giving away of the 6260 1 property, the primary beneficiaries are those 2 persons that we are putting in business and the 3 third, fourth, perhaps fifth category of 4 beneficiary are the people that we are all 5 concerned with, whether it's health, jobs, et 6 cetera. 7 So when we debate this, pass the 8 one-house notion, which is a reality, but there 9 are those of us who are sincerely concerned that 10 this is a giant step in the right direction but 11 we seem hesitant, if you will, about bringing 12 down sanctions on those persons who are 13 capitalizing, if you will. 14 These leases that exist, some of 15 them do, some of them don't, but we're giving 16 property away. As I said before, the tennis 17 notion will be coming up. So we're giving 18 property away, and somebody says, "Later on 19 we'll deal with it. We'll work it out in some 20 kind of way." 21 And the same thing is happening 22 in some of these domestic seasons. These folks 23 are getting the benefit of it and just moving 6261 1 out. Senator, maybe there is no answer. 2 I just wanted to put that on the 3 record because I know -- whether it's a 4 one-house bill know where your intentions are. 5 One last question which is 6 indirectly related. Could you tell me why they 7 have not expanded or if you can't say why they 8 have not expanded some of the domestic zones, 9 are you in favor of expanding them? In other 10 words, we have 18 or 19 zones. 11 SENATOR BRUNO: Yes. 12 SENATOR GALIBER: I had a piece 13 of legislation with one to two across the street 14 which will include, logically, a large Bronx 15 terminal market in the Bronx County, a large 16 market. It just went across 149th Street, which 17 means nothing to you except that it's a few 18 blocks from Yankee Stadium, which might mean 19 something to you. Couldn't do it. It's my 20 understanding that there's been some opposition 21 to extending the zones. You answer. 22 SENATOR BRUNO: Maybe it's in 23 recognition of your experience and others, but 6262 1 we expanded the zones from one mile to two miles 2 in this legislation, hopefully to encompass a 3 large enough area to take in just the kind of 4 situation that you are referring to. This 5 doubles the size of the zone potentially. 6 SENATOR GALIBER: Well, any time 7 I say it's a one-house bill, there's another 8 bill. Does the other bill, if you know - 9 because I'm sure you have negotiated up to this 10 particular point. Is there - 11 SENATOR BRUNO: Senator, this may 12 be helpful. The Governor's bill agrees with us 13 to take it to two miles instead of one, and 14 that's one of the things that we are negotiating 15 with the Assembly. So I - 16 SENATOR GALIBER: Would it be 17 fair to say the Assembly bill is restricting 18 present boundary lines with no extension, if you 19 know? 20 SENATOR BRUNO: They have no bill 21 specifically, but that's one of the areas that 22 we will be relating in terms of trying to move 23 this legislation. 6263 1 SENATOR GALIBER: Thank you, 2 Senator. 3 SENATOR BRUNO: All right? Thank 4 you. 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 57. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1336, by Senator Bruno, Senate Bill Number 16 4782A, an act to amend the State Finance Law. 17 THE PRESIDENT: Explanation is 18 requested. Senator Bruno. 19 SENATOR BRUNO: Ladies and 20 gentlemen. We have been talking about economic 21 development, creation of jobs. This legislation 22 tries to do that in an area that is very 23 depressed in the agricultural area of this 6264 1 state. This bill creates a sports horse 2 development fund, and it sets aside -- it 3 invests $150,000 in this development fund for 4 sport horses to be matched by the Sport Horse 5 Association of New York State 2 for 1. For 6 every two dollars that the association puts in 7 or raises, the state matches it with one 8 dollar. 9 The purpose will be for 10 sanctioned sport horsing events that awards will 11 be made. The awards made, hopefully, will 12 create an incentive for the breeding, raising, 13 keeping in this state, of sports horses. 14 When sport horses are here in 15 this state, they need a place to live, like a 16 stable, and that usually takes lumber and 17 metal. They also like to eat and that takes 18 oats and hay. They also like a lot of attention 19 and that takes grooms and handlers, and what 20 we're talking about is creating jobs, at the 21 same time that we encourage and enhance an 22 industry that's very desirable for New York 23 State. 6265 1 Other states have created funds 2 like this. Pennsylvania for one, one of our 3 neighbors. So I am encouraging you to be 4 supportive. I'm hopeful that this can become 5 law, because I really think it will help enhance 6 a very depressed area, the raising of horses in 7 this state, competition with horses in this 8 state, and all of the benefits that accrue to an 9 industry that grows and develops. 10 Thank you. 11 (Whereupon, Senator Libous was in 12 the chair. ) 13 ACTING PRESIDENT LIBOUS: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Mr. 16 President. If Senator Bruno would just yield to 17 a couple of quick questions. 18 ACTING PRESIDENT LIBOUS: Senator 19 Bruno, would you yield to Senator Dollinger? 20 SENATOR BRUNO: Yes, Senator. 21 SENATOR DOLLINGER: I'm just 22 intrigued by where these funds end up going. 23 I've read the statute -- the proposed bill, and 6266 1 it says that the money will be deposited in the 2 fund for purposes of disbursement as matching 3 funds for the New York State Sport Horse 4 Association prize awards. Is this money going 5 to be given to someone for a prize when they 6 produce the Sport Horse of the Year or 7 something? 8 SENATOR BRUNO: Could be, 9 Senator. There is a governing board of the 10 Sport Horse Association, you know, directors, 11 that kind of thing. The majority of those 12 directors will designate functions where there 13 will be prizes for those particular functions. 14 For instance, there might be an elimination in a 15 jumping class for horses, and the championships 16 might be a sanctioned event where horses will 17 come to a site from all over the state that have 18 been competing, and the prize for first place 19 might be 3,000, 5,000; second place, 2,000; and 20 those judgments will be made by that board. 21 Now, so as not to create a 22 bureaucracy here, this will be administered by 23 Tax and Finance. And before any checks are 6267 1 disbursed, they would be audited by the 2 Comptroller's office to make sure that whatever 3 checks are disbursed have met the criteria of 4 that board. 5 SENATOR DOLLINGER: Okay. So 6 this is going to go -- the way we create jobs 7 under this -- again through you, Mr. President 8 -- is by enhancing the prize pool? Is that - 9 that's a fair statement? 10 SENATOR BRUNO: Well, by 11 encouraging people to show horses, show 12 competitive horses, raise them, it can be a - 13 it's a big business in some states. We have 14 spent millions of dollars in this state, 15 invested them. We're having trouble with NYRA 16 now. The harness tracks with standardbred 17 horses are all in trouble because of you name 18 it. 19 So what happens now with many of 20 those horses that can't race or for people that 21 have breeding farms, they are not breeding or 22 raising race horses, many of them. Consequently 23 the farms go in disrepair, unemployment 6268 1 increases in those areas. People lose their 2 jobs. 3 So what I'm trying to do and we 4 are trying to do with the people that I have 5 heard from is create another incentive to raise 6 horses here in this state, to make it a little 7 bit more worthwhile. And if you were raising a 8 race horse, for instance, that went to the 9 Finger Lakes and that horse was not competitive, 10 you might then like to have that horse trained 11 to jump if it stayed healthy. 12 Now, it would be a great 13 incentive for you instead of shipping a horse to 14 a killer or seeing the horse go out of state, 15 which happens all the time to the race horses, 16 you might bring him back and house that horse 17 and train the horse. Now, if you do that, 18 again, you got to feed the horse, you got to 19 groom the horse. You know, you are creating 20 jobs. 21 So that's really all that this is 22 about. It's not the biggest deal in the world, 23 but we're trying to help an industry that needs 6269 1 a lot of help. That's all. 2 SENATOR DOLLINGER: Through you, 3 Mr. President. One more question of Senator 4 Bruno. 5 ACTING PRESIDENT LIBOUS: Senator 6 Bruno, would you yield for one more question? 7 SENATOR BRUNO: Yes, Mr. 8 President. 9 ACTING PRESIDENT LIBOUS: He 10 will, Senator Dollinger. 11 SENATOR DOLLINGER: You said, 12 Senator, that Pennsylvania has a similar fund. 13 Do they create the incentive by putting it into 14 the prize pool? They put the money in the prize 15 pool as an incentive? 16 SENATOR BRUNO: Several states 17 have taken different approaches to how they 18 create the incentive, some giving credits, you 19 know, for the investments and that kind of 20 thing. I believe this is as close to 21 Pennsylvania as any of the other states, but I 22 can't answer that without looking it up as to 23 whether they are doing it exactly this way, 6270 1 Senator. 2 SENATOR DOLLINGER: I guess the 3 final question, Mr. President, just so again I 4 understand this. Just through you to Senator 5 Bruno. This is really for those horses that are 6 not competitive as thoroughbreds or 7 standardbreds, and they would be used in 8 teaching children how to jump, how to ride, and 9 then they would be shown, is that correct? 10 My question -- I don't want to be 11 unfair. Is this the also-rans? This is the end 12 of the bettor pool - 13 SENATOR BRUNO: No. 14 SENATOR DOLLINGER: -- of the 15 horse that finishes - 16 SENATOR BRUNO: No, Senator. 17 SENATOR DOLLINGER: -- tenth or 18 eleventh or twelfth out of twelve, ends up as a 19 prize some place else? 20 SENATOR BRUNO: It could be that 21 horse, Senator, but I don't want to focus on 22 that, because sports horses are bred and raised 23 as sport horses, primarily, not as race horses. 6271 1 But I will say that if people were breeding and 2 raising race horses that weren't competitive, 3 this would be an alternative for them, but 4 that's not the main thrust of this legislation. 5 There are farms, there are people 6 who compete now. They raise horses, breed them 7 just for sport. That's jumping, hunter class, 8 dressage. So that this sports association will 9 make a judgment on which functions around the 10 state would be eligible for these prices. Okay? 11 And then they would submit that to the 12 Commissioner of Taxation, audited by the 13 Comptroller, and then if you have horses that 14 are of the quality that can compete, you can 15 compete for those prices. People that raise 16 horses for any purpose other than a few of the 17 elite don't make any money. It's a terrible 18 expense to be in the horse business in this 19 state. 20 We created the breeding fund for 21 thoroughbreds and for standardbreds. Having 22 done that, we became the fourth largest breeding 23 state in the United States over the years, which 6272 1 I think is a credit to anyone that was involved 2 in the creation of those funds. 3 Now, unfortunately, given the 4 condition of racing, as I indicated, it's going 5 downhill. I really believe that we have to 6 address what is going on in this state as 7 relates to the horse industry, the horse 8 business, whether it's racing or sport. 9 So I see it as economic 10 development. The creation of jobs. It's 11 healthy, it's beneficial. There's not a lot of 12 smoke, you know, from a mill. It's just good 13 business, and it helps farmers, probably, more 14 than any other single group in this state. 15 SENATOR DOLLINGER: Mr. 16 President, on the bill. 17 ACTING PRESIDENT LIBOUS: Senator 18 Dollinger on the bill. 19 SENATOR DOLLINGER: I really 20 hadn't intended to vote against this bill, but I 21 guess what I hear being said is that we have a 22 highly competitive marketplace in the horse 23 industry, and we have horses that aren't able to 6273 1 compete in that highly competitive marketplace, 2 and what we'll do is we'll take the also-rans in 3 the field and we'll put them in a special 4 category and try to encourage people that if 5 they don't make it as a racer or as a 6 thoroughbred or as a standardbred, they will 7 make it in some other context. 8 And I guess what bothers me is 9 that we seem to artificially again add 10 government subsidy to a business that isn't a 11 thoroughbred business and it isn't a standard 12 bred business. It's a highly competitive field, 13 an enormously competitive field. Great benefits 14 when you win; great disappointment when you 15 lose; and yet we're going to put $150,000 into a 16 prize fund to somehow encourage this sort of 17 tertiary horse market to continue to exist. 18 I'm not so sure it will have the 19 benefits. I agree with Senator Bruno that there 20 is a need to promote jobs, but this seems to me 21 to be a long ways away. I think that this is 22 not win, place or show. This is really the tail 23 end of the field of economic development. 6274 1 And to use a sore pun, Mr. 2 President, I would vote neigh. 3 ACTING PRESIDENT LIBOUS: Senator 4 Stachowski. 5 SENATOR STACHOWSKI: I would like 6 to speak on the bill, but before I do, would 7 Senator Bruno yield to a question? 8 ACTING PRESIDENT LIBOUS: I'm 9 sure he would. Senator Bruno, would you yield? 10 SENATOR BRUNO: Yes, Mr. 11 President. 12 SENATOR STACHOWSKI: Senator, 13 doesn't this count -- this kind of fund, 14 wouldn't it deal with all the various breeds of 15 horses that make up the -- for example the horse 16 competitions that take place at the New York 17 State Fair and at the fairgrounds? And if I'm 18 not mistaken in Ohio is a big state fair, and 19 those are the kinds of horses you were talking 20 about for the most part? I wish I could remember 21 the various breeds. I'm familiar with them, and 22 in my remarks I'll tell you why I am. 23 Is that basically what you're 6275 1 talking about? 2 SENATOR BRUNO: Yes. We're 3 addressing those horses specifically that do 4 compete at the fair and at horse shows. 5 SENATOR STACHOWSKI: Yes. 6 SENATOR BRUNO: Not at the 7 racetracks. Horse shows. 8 SENATOR STACHOWSKI: Right. 9 Thank you, Senator Bruno. 10 On the bill. I would like to 11 rise and support the bill because in Erie 12 County, in the part of my district that is now 13 in Senator Volker's district, the Erie County 14 Fairgrounds is located. And, for years, we were 15 trying to help them build an agri-center 16 building, try to get the Agriculture Department 17 to give them some aid. And eventually, they got 18 themselves in a position to build it on their 19 own. And one of the reasons they wanted to 20 build this agricultural center was because the 21 horsemen from these various breeds -- and it's 22 multiple breeds, and they all have their own 23 competitions, not necessarily together. 6276 1 Sometimes by individual breed as well as in 2 certain categories. 3 And it's a very big industry, and 4 their major complaint was -- in western New York 5 was that the farthest center west in New York 6 State was Syracuse, and that wasn't far enough 7 west for them. And if they could do something 8 in Erie County, they would have another place 9 closer than when they would have to go all the 10 way to Ohio to take part in some of these large 11 shows. And the people, actually, from eastern 12 Ohio would just as soon come -- some of them 13 would like to come to New York to compete, and 14 also horsemen from Pennsylvania. 15 So I think this bill is a very 16 good bill. It's a large industry. I think 17 since the industry is putting up two to one to 18 this fund, I think it's a great idea. Having 19 become familiar with these various horse people 20 because of that agri-center, I'm glad to see 21 this bill. 22 I'm happy to get up and support 23 it, and I hope that everyone will vote in favor 6277 1 of it. 2 ACTING PRESIDENT LIBOUS: Senator 3 Solomon. 4 SENATOR SOLOMON: Thank you, Mr. 5 President. Will Senator Bruno yield, Mr. 6 President? 7 ACTING PRESIDENT LIBOUS: Senator 8 Bruno, would you yield to Senator Solomon? 9 SENATOR BRUNO: Yes, Mr. 10 President. 11 ACTING PRESIDENT LIBOUS: He 12 will, Senator Solomon. 13 SENATOR SOLOMON: Senator, you 14 just described all the high-tech jobs that will 15 be developed and retained with the passage of 16 this bill. I'm just curious, Senator, does a 17 groom earn minimum wage or someone who bales 18 hay, or are they allowed to be paid below 19 minimum wage? 20 SENATOR BRUNO: Yes, they do, 21 Senator. 22 SENATOR SOLOMON: They earn 23 minimum wage? 6278 1 SENATOR BRUNO: To my knowledge, 2 yes. Oh, absolutely. 3 SENATOR SOLOMON: How many of 4 these jobs do you anticipate being maintained or 5 retained as the result of this? 6 SENATOR BRUNO: I guess your 7 guess would be as good as mine, Senator, but it 8 stands to reason that if there are more horses, 9 more animals, as I have described, they need to 10 be housed, they need to be fed, they need to be 11 handled, they need to be trained. So if there 12 are more of them, there will be more jobs. How 13 many more? That depends on the success of the 14 industry and this program. 15 SENATOR SOLOMON: No more 16 questions. Thank you. 17 ACTING PRESIDENT LIBOUS: Senator 18 Farley. 19 SENATOR FARLEY: I rise to 20 support Senator Bruno's bill because when I had 21 the Racing Committee, let me just tell you I was 22 astounded to find out how labor-intensive the 23 horse business is. 6279 1 And these are people, yes, 2 Senator Solomon, that have low-paying jobs, but 3 they are dedicated people that love horses. 4 They are a group that have been hurt 5 tremendously by the decline in the racing 6 business. 7 I think this is a bill that will 8 bring a great deal of economic benefit to a 9 large segment of that industry, employees, 10 little people with Roosevelt Raceway closing and 11 quite a few other things. Yes, we have become 12 as a result of the breeding fund, as Senator 13 Bruno spoke of, a major horse raising state 14 "raising", I'm saying, not racing. 15 And I think a piece of 16 legislation like this can reap tremendous 17 economic benefits to a large segment of our 18 population that needs help. 19 It's a good bill. I would urge 20 that everybody would support it. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 Senator Dollinger. 6280 1 SENATOR DOLLINGER: On the bill. 2 In response to Senator Farley, Mr. President, I 3 guess I see some economic benefit of this. The 4 question is should we be jumping into this 5 marketplace with $150,000 for an industry that 6 according to Senator Bruno doesn't seem to be 7 able to make it on its own? 8 We're again going into the 9 marketplace. We're again going to subsidize 10 another form of business in this state. And my 11 question is it doesn't seem to be able to 12 survive on its own. I mean will this continued, 13 this $150,000 appropriation continue on into the 14 future and become a half a million or a million 15 dollars? 16 At what point does government 17 back out of this and say this is an industry 18 that should be able to stand on its own four 19 legs? 20 SENATOR FARLEY: If I might 21 answer that, Mr. President? 22 ACTING PRESIDENT LIBOUS: Senator 23 Farley. 6281 1 SENATOR FARLEY: I think what 2 Senator Bruno is attempting to do, and I don't 3 wish to speak for him, is open up another avenue 4 in this horse racing/raising business or horse 5 breeding business and provide opportunities for 6 a number of people that have been displaced 7 because of a decline in the racing industry, and 8 I think we're trying to put people to work whose 9 skills are directed towards that area, and I 10 think it's a terrific economic opportunity. 11 I really don't see a down side of 12 it, and particularly with the industry coming in 13 and supporting it, as Senator Stachowski has 14 brought up. I truly think it's a bill that 15 merits our support. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LIBOUS: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57, nays 6282 1 one, Senator Dollinger recorded in the negative. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 Senator Leichter. 5 SENATOR LEICHTER: May I have 6 unanimous consent to be recorded in the negative 7 on Calendar 1333. 8 ACTING PRESIDENT LIBOUS: 1333, 9 Senator Leichter in the negative, without 10 objection. 11 THE SECRETARY: Calendar Number 12 1339, by the Assembly Committee on Rules, 13 Assembly Bill Number 7832, Real Property Tax 14 Law, in relation to exemption of certain private 15 dwellings. 16 ACTING PRESIDENT LIBOUS: Senator 17 Marchi, explanation is requested. 18 SENATOR GOLD: Hold on one 19 second. 20 Last section. 21 ACTING PRESIDENT LIBOUS: Read 22 the last section. 23 THE SECRETARY: Section 2. This 6283 1 act shall take effect immediately. 2 ACTING PRESIDENT LIBOUS: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT LIBOUS: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1347, by Senator Johnson, Senate Bill Number 10 5947, an act to amend the Public Health Law and 11 the Environmental Conservation Law. 12 ACTING PRESIDENT LIBOUS: Senator 13 Johnson, explanation is requested. 14 SENATOR JOHNSON: Mr. President, 15 this bill sets forth regulations to ameliorate 16 pollution of the marine waters by requiring 17 pump-out stations for certain marine vessels, 18 preventing discharge of untreated, partially 19 treated sewage. 20 ACTING PRESIDENT LIBOUS: Excuse 21 me. Excuse me. Excuse me. Excuse me. 22 Could we have a little order in 23 the chamber, please. Sergeant, could we keep 6284 1 that back door closed. We seem to have a little 2 bit of commotion when Senator Johnson is 3 speaking, and the stenographer cannot pick up 4 what he is saying. 5 SENATOR JOHNSON: Sorry that was 6 intended to be laid aside earlier, for the day. 7 We're waiting for amendments on that bill. Is 8 that the right bill, 1347? 9 ACTING PRESIDENT LIBOUS: 1347. 10 SENATOR JOHNSON: Yes, I'm sorry 11 if we didn't get the message correct earlier. 12 It's not to be called up today, yes. 13 ACTING PRESIDENT LIBOUS: That 14 bill is laid aside for the day? 15 SENATOR JOHNSON: Yes. 16 ACTING PRESIDENT LIBOUS: 1354. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1354, substituted earlier today, by member of 20 the Assembly Murtaugh, Assembly Bill Number 21 5032, Alcoholic Beverage Control Law. 22 SENATOR GOLD: Senator Farley 23 yield to a question? 6285 1 ACTING PRESIDENT LIBOUS: Senator 2 Farley, will you yield to Senator Gold? 3 SENATOR FARLEY: I would be 4 delighted. 5 SENATOR GOLD: Yeah, tell me 6 another one. 7 Senator, as you may know, it's no 8 secret, I have no sympathy whatsoever for young 9 people who go in and create problems for 10 business people who are trying to make an honest 11 living, and so I would have ordinarily great 12 sympathy for what you are trying to do here. 13 But it was explained to us that 14 under existing law there can only be I believe a 15 $50 fine, is that correct? 16 SENATOR FARLEY: And completion 17 of an alcohol awareness program. 18 SENATOR GOLD: All right. 19 Senator, this is my question. 20 SENATOR FARLEY: Or both. 21 SENATOR GOLD: Yes. This is my 22 question. I think your idea is a good idea, but 23 even under existing law, do you have any idea 6286 1 how many young people are being subjected to 2 these fines and the programs? 3 What I'm hearing in the streets, 4 Senator, and I'm hoping I'm wrong, is that even 5 the existing law is just not being applied. I 6 mean the young people are not being fined the 7 $50, they are not being made to go to the 8 programs, and that the police are still 9 harassing the store owners, the 7-Eleven owners, 10 the bar owners and that -- you know, we are just 11 not getting the enforcement under the existing 12 law. Why would we think we're going to get 13 better enforcement under this law? 14 SENATOR FARLEY: I think your 15 point is well taken, and I totally agree with 16 you on that, but all this does is to give the 17 discretion to the judge to provide up to 30 18 hours community service. Maybe if these 19 youngsters -- somebody under 21 being a 20 youngster. I didn't support that bill. I 21 thought 19 was a good age, incidentally, not 22 21. Gives them the alternative of doing up to 23 30 hours of community service. 6287 1 Maybe -- maybe and hopefully that 2 the courts will see the benefit of community 3 service and that things can be done for society 4 by these people breaking the law, and maybe 5 start enforcing that penalty. I cannot say. 6 I have a feeling very deeply that 7 any law that is not obeyed is a bad law. That's 8 why the 55 mile an hour speed limit on the 9 Thruway -- Hi, Senator Levy -- I think is a law 10 that is being flaunted, and I would like to see 11 that one changed, too. 12 But anyway, this is an additional 13 opportunity for the courts to provide some 14 community service by people who are violating 15 the law. 16 SENATOR GOLD: Okay. On the 17 bill, Mr. President. 18 ACTING PRESIDENT LIBOUS: Senator 19 Gold on the bill. 20 SENATOR GOLD: Mr. President. I 21 want to commend Senator Farley. I think this 22 really is a good idea. 23 But, you know, we have had many, 6288 1 many debates on many, many issues where the 2 point has been made that if we don't get to the 3 penalty stages we voted, then what's the sense 4 anyway? Capital punishment is certainly not a 5 deterrent in any state that has capital 6 punishment where nobody gets executed. That's 7 one point that's always made. 8 In this state, we have a major, 9 major problem, and Senator Farley is recognizing 10 part of the problem. I don't know how we get to 11 the other part, Senator. Maybe it's taking the 12 minutes of this debate and sending them to the 13 police departments around the state. 14 But I know of too many 15 instances. You know, the law of the state is 16 such that neither I or anyone in this chamber 17 can practice in front of the SLA, and of course 18 I don't. I know no one else does either. But I 19 have clients who are in the business, and I know 20 what's happening to them even though I don't 21 handle those matters. 22 And, unfortunately, with some of 23 the supermarkets, for example, a cop will go 6289 1 back in with a youngster who had purchased beer. 2 They'll give a summons to the supermarket. 3 Nothing happens to the youngster at all. As a 4 matter of fact, in a lot of these cases, the 5 youngster has false I.D. the cop is informed 6 that the youngster has false I.D., and the 7 cop takes no steps to confiscate the false 8 I.D. 9 The restaurants and bars are 10 running into the same problem, and we're not 11 talking about some terrible element in society. 12 We are talking about Senator Bruno's people. 13 We're talking about small businesses, people who 14 invest in this state and are decent law-abiding 15 citizens. 16 The people who own supermarkets 17 are decent law-abiding citizens, the people who 18 own 7-Elevens, the people who own family 19 restaurants, and we have a prejudicial 20 enforcement of these liquor laws when it comes 21 to this particular situation. 22 And while I pride myself in being 23 a liberal, and I understand the problems of - 6290 1 social problems of this group and that group and 2 the other group, I have no sympathy for young 3 people who would go in and jeopardize what is in 4 many cases a lifetime investment made by people 5 to buy, either markets or bars or restaurants. 6 So, Senator Farley, I think it is 7 a good idea, but the biggest problem with your 8 bill is that we're dealing with the sentencing 9 stage and unless the police are enforcing the 10 laws to get these young people to the sentencing 11 stage, then none of these provisions mean 12 anything. 13 ACTING PRESIDENT LIBOUS: Senator 14 Farley. 15 SENATOR FARLEY: Senator Gold, I 16 agree with you. But let's hope that the law 17 enforcement people see that as there is an 18 opportunity here for community service and maybe 19 start enforcing the law against, in my judgment 20 and yours, an offender that is not being 21 properly prosecuted. 22 I urge support of the bill. 23 ACTING PRESIDENT LIBOUS: Read 6291 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 58. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1359, by Senator Johnson, Senate Bill Number 12 1109A, Environmental Conservation Law, the 13 Navigation Law and the State Finance Law. 14 SENATOR GOLD: Will Senator 15 Johnson yield to a question? 16 ACTING PRESIDENT LIBOUS: Senator 17 Johnson, would you yield to a question from 18 Senator Gold? 19 SENATOR JOHNSON: Yes, Senator. 20 SENATOR GOLD: Senator, there was 21 an EPL memo in opposition on the original print, 22 and I notice that we have in front of us an "A" 23 print. Does the "A" print take care of the 6292 1 criticisms made by EPL on the original print, do 2 you know? 3 SENATOR JOHNSON: Well, Senator, 4 we're not aware whether or not they are opposed 5 to the "A" print. Let me just read that memo, 6 Senator, and I'll try to see if we corrected it. 7 SENATOR GOLD: Senator Johnson, I 8 don't have a memo in opposition on the "A" 9 print. It's only on the original print, as I 10 discussed with Senator Marino at great length. 11 But I was wondering whether or not in drafting 12 the "A" print, you know, you were trying to cure 13 some of their objections, or are their 14 objections something that are just different? 15 SENATOR JOHNSON: Senator, we're 16 trying to determine just what their objection 17 is. 18 SENATOR GOLD: All right. Do you 19 want to lay it aside a minute or two and come 20 back to it? How do you want to do it? Any way 21 you want to. 22 SENATOR JOHNSON: We might be 23 able to address it right away. 6293 1 My counsel advises me that we did 2 change the exemption language to which they were 3 opposed, and we think it satisfies their 4 concerns, but we don't have any definitive word 5 on that, but we think that we've addressed what 6 their concern was. 7 SENATOR GOLD: Well, I noticed 8 that the -- just for the information of those on 9 this side of the aisle who might be interested. 10 ACTING PRESIDENT LIBOUS: Senator 11 Gold, for informational purposes. 12 SENATOR GOLD: Thank you, Mr. 13 President. The department has a conditional 14 support memo on the original print. EPL had an 15 opposition on the original print. But one of 16 the great environmentalists of our time, Senator 17 Oppenheimer, is on the "A" print, so I assume 18 that the bill requires support. 19 ACTING PRESIDENT LIBOUS: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LIBOUS: Call 6294 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 58. 4 ACTING PRESIDENT LIBOUS: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1361, by Senator Farley, Senate Bill Number 8 1924, authorize Harold K. Warner to receive 9 credit for prior service. 10 ACTING PRESIDENT LIBOUS: Senator 11 Farley, an explanation is requested on 1361. 12 SENATOR FARLEY: Yes, this 13 legislation authorizes Harold Warner, one of our 14 sergeant-at-arms here in the Senate to buy back 15 three years of his retirement. In 1977, Mr. 16 Warner had a position as assessor for the town 17 of Halfmoon in Saratoga County and, 18 subsequently, no provisions were made for 19 retirement benefits for this employee. While 20 working as a town assessor, he accumulated three 21 years of retirement credit. Mr. Warner has 22 contacted the retirement system back in 23 September of '89, requesting information 6295 1 regarding a buy-back, and he was informed that 2 the restrictions on crediting his previous 3 service, and these restrictions mandate that Mr. 4 Warner had to have been with the same employer 5 upon which his membership is based. This 6 legislation would allow Mr. Warner for a period 7 of one year to buy back three years. He bears 8 all the cost. 9 SENATOR GOLD: Explanation 10 satisfactory. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 56, nays 2, 19 Senators Gold and Leichter recorded in the 20 negative. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 6296 1 1362, by Senator Saland, Senate Bill Number 2 2138, an act to amend the Real Property Tax 3 Law. 4 ACTING PRESIDENT LIBOUS: Is 5 someone requesting an explanation on this bill? 6 Senator Gold, are you requesting an explanation? 7 SENATOR GOLD: I think Senator 8 Dollinger laid it aside. 9 On the other hand, last section. 10 ACTING PRESIDENT LIBOUS: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LIBOUS: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 58. 18 ACTING PRESIDENT LIBOUS: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1363, substituted earlier today, by member of 22 the Assembly Feldman, Assembly Bill Number 23 4225A, an act to amend the Vehicle and Traffic 6297 1 Law. 2 SENATOR GOLD: Explanation. 3 SENATOR PRESENT: Lay it aside 4 temporarily. 5 ACTING PRESIDENT LIBOUS: Lay 6 that bill aside temporarily. 7 THE SECRETARY: Calendar Number 8 1364, by Senator Skelos, Senate Bill Number 9 2623A, an act to amend the Tax Law. 10 SENATOR GOLD: Explanation. 11 ACTING PRESIDENT LIBOUS: 12 Explanation. 13 Senator Present, should we lay 14 that aside temporarily? 15 SENATOR PRESENT: Lay it aside 16 for the day. 17 ACTING PRESIDENT LIBOUS: Lay 18 that bill aside for the day. 19 THE SECRETARY: Calendar Number 20 1366, by Senator Tully, Senate Bill Number 3335, 21 an act to amend the Insurance Law. 22 SENATOR SOLOMON: Explanation. 23 Senator Tully. 6298 1 ACTING PRESIDENT LIBOUS: Senator 2 Tully. 3 (There was no response. ) 4 SENATOR PRESENT: Lay it aside 5 temporarily and come back to it. 6 ACTING PRESIDENT LIBOUS: That 7 bill will be laid aside temporarily. 8 THE SECRETARY: Calendar Number 9 1370, by Senator DeFrancisco, Senate Bill Number 10 4136, an act to amend the Tax Law. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1374, substituted earlier to day, by the 23 Assembly Committee on Rules - 6299 1 SENATOR GOLD: Explanation. 2 THE SECRETARY: -- Assembly Bill 3 Number 7710A, Education Law. 4 SENATOR GOLD: Explanation. 5 SENATOR PRESENT: Lay it aside 6 temporarily. 7 ACTING PRESIDENT LIBOUS: Lay 8 that bill aside temporarily. 9 THE SECRETARY: Calendar Number 10 1375, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Bill Number 8292, 12 Eminent Domain Procedure Law. 13 SENATOR GOLD: Explanation. 14 ACTING PRESIDENT LIBOUS: Senator 15 Mega, an explanation is requested. 16 SENATOR MEGA: This bill would 17 amend the Eminent Domain Law in a situation 18 where a piece of property is taken by eminent 19 domain and it's owner-occupied. Under existing 20 law, the owner would have to pay rent from the 21 time of the acquisition. What this bill does is 22 give them 90 days, three months before they 23 start paying rent, because in many situations 6300 1 there are mortgages on the property and it 2 becomes a problem for the owner that owns the 3 property. So it gives them a three-month grace 4 period before they have to pay rent. 5 This is submitted by the 6 Transportation Committee, and it seems to be the 7 fair thing to do as far as a residential owner 8 is concerned where a property is taken by 9 eminent domain. 10 SENATOR GOLD: Will Senator yield 11 to a question? 12 SENATOR MEGA: Sure. 13 SENATOR GOLD: Actually, Senator, 14 once it's taken by eminent domain, the owner 15 technically is a tenant; is that right? 16 SENATOR MEGA: Yes. 17 SENATOR GOLD: So this bill is, I 18 take it, your way of showing your sensitivity to 19 the problem of tenants. 20 SENATOR MEGA: Absolutely. This 21 is a people's bill. 22 SENATOR GOLD: No, there are a 23 lot of people. Some of them are homeowners. 6301 1 I'm just trying to zero in on the concept of 2 what we need in tenant legislation. 3 SENATOR MEGA: Well, this is a 4 bill that would help tenants, absolutely. 5 SENATOR GOLD: Yes. And you want 6 to help tenants. I want to be able to judge 7 your feelings about tenants. 8 SENATOR MEGA: My record has 9 indicated clearly that where situations warrant, 10 I like to help tenants. And this is a situation 11 that warrants helping tenants. 12 SENATOR GOLD: I like that. 13 ACTING PRESIDENT LIBOUS: Shall 14 we read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LIBOUS: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 58. 21 ACTING PRESIDENT LIBOUS: The 22 bill is passed. 23 SENATOR PRESENT: Mr. President. 6302 1 Can we have calendar 1374, please. 2 ACTING PRESIDENT LIBOUS: 3 Secretary will read 1374. 4 THE SECRETARY: Calendar Number 5 1374, substituted earlier today, by the Assembly 6 Committee on Rules, Assembly Bill Number 7710A, 7 an act to amend the Education Law. 8 SENATOR GOLD: Explanation. 9 ACTING PRESIDENT LIBOUS: 10 Explanation requested. Senator Trunzo. 11 SENATOR TRUNZO: Mr. President. 12 This bill sets up a procedure for the election 13 of a member, a retired teacher, to the New York 14 State Teachers Retirement System rather than 15 having up something whereby currently that 16 particular individual is appointed by the 17 retirement board. Currently, they are 18 appointed. A member of the retirement system 19 representing retired teachers is appointed by 20 the retirement board. This bill would permit 21 them to have a general election and elect their 22 own member to be on the teachers retirement 23 system board. 6303 1 SENATOR GOLD: Senator yield to a 2 question? 3 ACTING PRESIDENT LIBOUS: Senator 4 Trunzo, will you yield? 5 SENATOR TRUNZO: Yes. 6 SENATOR GOLD: Senator, my notes 7 show that we had a -- is it a similar bill to 8 this earlier this year? 9 SENATOR TRUNZO: Excuse me? 10 SENATOR GOLD: Wait a minute. 11 What does this mean? Last year we had a similar 12 bill? 13 SENATOR TRUNZO: We had a same 14 bill in 1992, yes, and we passed it in this 15 house. 16 SENATOR GOLD: I see that there 17 is a memorandum in support by NYSUT, but there 18 is a memorandum in opposition LaVernon Hanks 19 representing the New York State Retired Teachers 20 Association. Senator Galiber and Leichter and 21 Paterson voted no last year. But this 22 memorandum in opposition is on the original 23 print, and you are now at an "A" print. Can you 6304 1 tell us what the difference is? Is there 2 anything in the "a" print that would change the 3 issue as for as these two groups are concerned? 4 SENATOR TRUNZO: It just changed 5 the election to July instead of the original 6 date. 7 SENATOR GOLD: Just changed the 8 day. 9 SENATOR TRUNZO: Right. 10 SENATOR GOLD: Thank you. 11 ACTING PRESIDENT LIBOUS: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LIBOUS: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT LIBOUS: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1378, by Senator Volker, Senate Bill Number 23 4944, Civil Rights Law. 6305 1 SENATOR GOLD: Senator Volker, I 2 believe Senator Galiber is going to request an 3 explanation. 4 SENATOR GALIBER: Mr. President. 5 Explanation. 6 SENATOR VOLKER: Mr. President. 7 First of all, I have also been asked to 8 pronounce what DNA technically means, 9 deoxyribonucleic acid. I just want to get that 10 on the record. That's not going to mean 11 anything to anybody, but that's what it is. 12 ACTING PRESIDENT LIBOUS: So 13 noted, Senator Volker. 14 SENATOR VOLKER: Okay. Thank 15 you. DNA is actually derived from the human 16 body, and it's used for the purposes of 17 identification. In fact, let me just point out 18 that in today's paper, I believe it is, there 19 was an article about a person who nine years ago 20 was convicted of rape and murder and because of 21 DNA testing was released from prison because the 22 DNA apparently clearly showed that it was not 23 the person who had actually committed the 6306 1 crime. It was I believe a crime against a young 2 person. 3 What this bill does is -- it is, 4 by the way, a Governor's program bill. The 5 Governor and the Senate, very honestly, on this 6 have been I think pretty close on this issue. 7 We're not always that close on all issues, but 8 on this one we're pretty close. 9 We have been negotiating with the 10 Assembly for some time, and we continue to do 11 that, by the way, and we are hopeful that before 12 this year is out we will have an agreement that 13 would provide for the implementation of DNA 14 technology in the forensic setting. 15 Now, what does that mean? What 16 that means is that we are trying to set up a 17 data bank very similar to what is now in place 18 in DCJS for fingerprinting. Fingerprinting is 19 widely used in this state and this country and 20 throughout the world in identifying people. 21 DNA obviously is being used now 22 in court cases across this country. The 23 problem, though, is that it needs some 6307 1 regulation. And, very honestly, what this bill 2 does is, this bill would set up a process to 3 regulate, collect, and to handle DNA technology 4 so it can be used to its maximum potential in 5 this state. 6 The technology -- rather the 7 quality would be determined according to rules 8 implemented by the DCJS, which is the Department 9 of Criminal Justice Services, in conjunction 10 with the Health Department and would attempt to 11 gather as much information as possible. 12 There are exclusions, by the way, 13 in this bill, and there are confidentiality 14 provisions relating to the dissemination of 15 information. It is a Class A misdemeanor to 16 improperly disseminate information as far as DNA 17 is concerned. 18 It would set up, by the way, also 19 a -- I think it's now called a forensic science 20 review panel. The reason I say what it's called 21 now, it used to be called an advisory committee. 22 Now it's a forensic science panel which would 23 recommend on changes and the future of this 6308 1 technology as far as New York is concerned. 2 The effective date of the bill as 3 we have done in the past as we move on in 4 forensic science is June 4, 1994, and the reason 5 is to give the advisory committee, to give the 6 DCJS in conjunction with the Health Department 7 the time to set up the rules and regulations, 8 and so forth, and to develop this technology and 9 try to get the wrinkles out of it before it 10 would technically come into place. 11 Now, you should understand that, 12 then, these rules and regulations and the 13 determinations that are made would determine 14 private labs' ability to develop this sort of 15 technology and would make sure that the planning 16 and implementation and the testing that is done 17 is properly done and would assist in determining 18 criminal responsibility. 19 DNA probably is the most 20 important advance in the area of criminal 21 justice in the last decades. It frightens the 22 heck out of some defense attorneys, very 23 honestly, but it also by the way has the ability 6309 1 to not only help prosecutors but also to help 2 defense attorneys. Because as I just pointed 3 out, there are a number of cases, and I can cite 4 -- we have a whole batch of them where DNA has 5 been used to determine where people who were 6 thought to be guilty were actually innocent 7 because the type of testing that is done is a 8 very determined science and, if it's done 9 properly, can identify people extremely well. 10 ACTING PRESIDENT LIBOUS: Senator 11 Galiber. 12 SENATOR GALIBER: Senator Volker, 13 would you yield for a question or two? 14 ACTING PRESIDENT LIBOUS: Senator 15 Volker, would you yield? 16 SENATOR VOLKER: Yes. 17 SENATOR GALIBER: Senator, this 18 DNA process, is it an exact science at this 19 time? Is there any margin for error or is it 20 absolute? 21 And the reason I ask that is I 22 was troubled -- troubled is a poor word. I 23 wasn't troubled by it, but in the course of 6310 1 explaining the bill, you mentioned things about 2 "wrinkles, absolute, development stage." All 3 of these things would seem to be inconsistent 4 with something that is absolute, works every 5 time, no margin for error, et cetera. 6 SENATOR VOLKER: Senator, what I 7 was referring to is the regulation of DNA 8 technology and testing. Properly done, DNA 9 testing is virtually unchallengeable. I don't 10 think there is anybody in the scientific area 11 that believes that DNA is not an absolute 12 identifier of a human person as in -- more than 13 a human person, but particularly a human person 14 in this case, obviously. 15 The issue really is to make sure 16 -- and I think it's being done now. I think 17 the one thing to keep in mind is the passage of 18 this bill is not going to mean that now you are 19 going to be able to use that. DNA is already 20 being used. 21 But the issue is the proper use 22 of DNA, proper testing, proper identification. 23 And I would be the first to admit to you the 6311 1 data bank is extremely important, because the 2 data bank like the data bank for fingerprinting 3 is an incredible potential source of identifying 4 people. 5 By the way, DNA is also used for 6 other than criminal justice, identifying bodies 7 that are found and things of that nature. I 8 think the answer to your question is that it is 9 an exact science, but what is not always exact 10 is the issue of the testing, and that's one of 11 the reasons we want to do this bill is because 12 we want to make sure that the tests that are 13 done are done properly and that we want to 14 balance off the necessity to do this with the 15 necessity that those tests are done right. 16 SENATOR GALIBER: Okay. When you 17 say, Senator, "properly done," again we go into 18 an area which might lead one to believe that if 19 it's improperly done, there would probably be or 20 would be -- not probably, -- would be a 21 different result. Is that fair? 22 SENATOR VOLKER: Senator, we are 23 human beings, and there is no absolute certainty 6312 1 in anything we do except for one thing. I say 2 to you, again, testing when properly done in the 3 DNA area is considered to be absolutely 4 conclusive. 5 Now, one of the things, of 6 course, that we're trying to do is -- and you, 7 Senator, as a very good defense attorney and a 8 person who knows very well how these types of 9 things work, know that a defense attorney faced 10 with a DNA situation is probably -- certainly in 11 the future and in cases now, is going to look to 12 his own DNA sampling to make sure that that 13 testing is done properly. 14 What we're trying to do in this 15 bill is set up the process to regulate labs that 16 do this sort of testing and to make sure that 17 that testing is done as perfectly as humanly 18 possible. And I think, frankly, in the DNA area 19 even more so than in fingerprinting the chances 20 of mistakes are very, very minute. Again I say, 21 making sure that the testing is done properly 22 that's what we're trying to do in this bill. 23 SENATOR GALIBER: Okay. Let me 6313 1 try one more time using another example, 2 fingerprinting. You know, the inference - 3 defense attorneys might be a little disturbed 4 about this. Defense attorneys are faced on a 5 case-to-case basis with fingerprints. We didn't 6 set up any regulatory or advisory board on 7 fingerprints. We just take the fingerprints, 8 and we send them in. And if they are valid - 9 and there has been no error up to date on 10 fingerprints. Would you say, Senator, if that's 11 a given, is the DNA testing as "positive" -- and 12 I put brackets around it -- as fingerprints? 13 SENATOR VOLKER: Senator, 14 fingerprinting -- one of the problems, by the 15 way, with fingerprinting was that it did just 16 evolve over the many years. And, frankly, 17 advisory committees and oversight really didn't 18 occur until the data banks were in place, and I 19 think you are aware that there were some 20 problems that came up in the fingerprinting area 21 that -- that we became aware of where there were 22 difficulties in how the prints were taken and 23 things of that nature. I won't get into it, but 6314 1 I would agree with you that fingerprinting did 2 evolve in a different way. 3 But one thing about DNA is that 4 DNA is a far more -- a far more valuable aid in 5 identifying someone than fingerprints; and, 6 therefore, it seems to me, and I think you would 7 agree, that it behooves us to make sure that the 8 implementation of this data bank and the testing 9 that is done is done as accurately and as 10 effectively as possible, and I think that's 11 really what the gist of this bill is, that we 12 are trying to make sure that the labs that do 13 the testing, the private labs and public labs, 14 follow the rules and are able to do it in a way 15 that gives us the best possible testing and will 16 categorically determine, in some cases, who the 17 person is that we're dealing with. 18 SENATOR GALIBER: Senator, 19 another portion of the bill that troubles me a 20 bit, does the bill -- did I read it correctly 21 when you said that there are persons -- you are 22 changing the Executive Law and the Department of 23 Health, Human Rights and adding another section 6315 1 to the Penal Law which would allow procedurally 2 for those persons who are found guilty -- I 3 forget the numbers now. I think it's probably 4 sex crimes and homicides. Would that be fair to 5 say? 6 SENATOR VOLKER: That's right. 7 Yes. 8 SENATOR GALIBER: As part of 9 their conviction, you are then mandating that 10 those persons be giving samples into this bank 11 that you are going to create. Is that correct? 12 SENATOR VOLKER: That is correct, 13 Senator. 14 SENATOR GALIBER: Why would you 15 want to add an additional part of this 16 sentencing process in a bill that you are 17 primarily concerned for identification purposes 18 and the fingerprinting? 19 And while you are answering that, 20 Senator, would you elaborate on it in terms of 21 the areas of conviction where there are 22 reversals or where some -- reversals because 23 there would be a conviction. One way you have a 6316 1 reversal if you had a conviction. In that 2 category, whether that person is entitled like 3 they would be with fingerprints to get those 4 samples out of this bank, not only on the local 5 level but on the federal level? 6 Now, the federal bank I 7 understand -- you correct me if I'm wrong. I 8 know very little about this. On the federal 9 level, they have been doing this to a point 10 where they have accumulated with the states -- I 11 think there's 10, 11, 12, 14, whatever states 12 that do this now. They have accumulated this 13 bank. Do those samples also, in answering the 14 question, on a reversal, are they destroyed or 15 what happens to them? 16 SENATOR VOLKER: First of all, 17 Senator, let me tell you that the theory behind 18 the use of -- you're trying to develop a data 19 bank. And the theory behind the use of the 20 murder and sex crimes was that these are the 21 kinds of crimes that are the types of crimes 22 that would best suit feeding into the data bank 23 and setting up such a data bank, and there is I 6317 1 think ample authority, constitutional authority, 2 to do this because we now do it in certain cases 3 -- obviously we fingerprint people anyways. So 4 it doesn't seem as if in establishing this 5 because of the serious nature of these crimes - 6 these are people that have been convicted, 7 obviously. So what we're saying is that one of 8 the things that you -- is in the public interest 9 is to feed the DNA of these people into the data 10 bank and to help establish that data bank. 11 As far as what happens if the 12 person is then found guilty, provided in the 13 bill -- I can't give you the line, but it's in 14 there -- Section 1635.40 -- is an expungement 15 provision. And I think, Senator, one of the 16 interesting things about this is this is going 17 to be in the computer; and, ironically, it will 18 be easier to expunge these out of the computer, 19 probably, than it is to expunge fingerprinting 20 now. 21 Now, you asked me the question of 22 the federal situation. We don't control the 23 federal situation. We do control the state 6318 1 situation. As far as the state is concerned, 2 should the conviction be reversed, then under 3 the law the DNA sample must be expunged and that 4 person's DNA sample must be taken out of the 5 bank, and there isn't much to be returned 6 because, under the computer situation, as you 7 know, it's merely a line in the computer. So 8 that's exactly what would happen. 9 SENATOR GALIBER: Senator, would 10 it be fair to say that we might have a similar 11 situation as we have in the fingerprints where 12 locally there is a reversal or a dismissal, and 13 they tell us that we're getting our fingerprints 14 back? I tell my clients that. Some 15 unscrupulous lawyers charge them to get them 16 back, and there are a few, not too many. 17 Shakespeare wasn't correct altogether. But the 18 fact of the matter is that they get their prints 19 back, but yet if they're arrested again, it 20 shows up on the NIIS sheet, or in the old days 21 used to call it the yellow sheet. Would it be 22 the same? 23 Your answer that we don't control 6319 1 the federal government, it's nice to say that, 2 but those fingerprints stay on file on the 3 federal level, in some instances on the state 4 level. So whether we have a computer doing it 5 or whether we mail them in and get a return, 6 shouldn't we be concerned that if we're asking, 7 which is unusual, as part of a sentencing 8 process that we add a factor of mandating - 9 which is really a double sentence, very frankly 10 -- mandating that those persons' blood be 11 extracted from them? You've got a whole litany 12 of things "prior to" and "pre-trial", whatever, 13 that there's some objections or whether they 14 give consent towards taking blood, et cetera, et 15 cetera. A little different than giving 16 fingerprints. 17 But my concern is, Senator, that 18 we will not be able to take the computer and 19 vitiate all those samples, because we throw up 20 our hands and say, "What are we?" You know, 21 we're merely states. We have no control over 22 the federal government. 23 SENATOR VOLKER: Senator, let me 6320 1 just say, I guess I have one little problem with 2 your characterization. You know, when I became 3 a police officer, I had to be fingerprinted. I 4 worked for the post office at one time. I had 5 to be fingerprinted. It always kind of bothered 6 me that somehow there is this thought it's such 7 a horrible thing to be fingerprinted and that 8 your rights are being violated, and so forth. I 9 don't understand that. 10 The fact that my fingerprints are 11 in the FBI data bank from about six or seven 12 different areas -- if you serve in the military 13 you are fingerprinted, and so forth -- I just 14 don't think that's as big a deal as maybe we 15 make it out. 16 But, Senator, let me tell you 17 this. Clearly, under our bill -- and remember 18 that the interesting thing about this we're 19 going to regulate DNA far better than we ever 20 regulated fingerprints because we're getting 21 right in on the ground floor. And I would think 22 that New York would insist that the federal 23 government, as far as -- abide by our rules. 6321 1 And I personally would ask the DCJS to send any 2 data bank information to the federal government, 3 any DNA data bank information, subject to the 4 caveat that the federal government expunge those 5 -- that record, just as we have to expunge the 6 record if that person or a person or persons 7 should be found not guilty. And I think the 8 federal government will be happy to do that, and 9 I think they will comply. 10 I think the chances under DNA are 11 far, far better than they have been under the 12 inexact science, if you want to call it that, of 13 the way that fingerprinting has been. I agree 14 with you, by the way, Senator, on 15 fingerprinting. You and I have talked about 16 this before. We know that it's been kind of a 17 -- almost a game sort of, that you get the 18 cards back, but the information is some place 19 else. And if you really want to find out that 20 person's fingerprints, you can find them. 21 Of course, it's been pointed out, 22 though, there is one thing as I just said. Most 23 people are fingerprinted at some time in their 6322 1 lives anyways other than for criminal. So I'm 2 not saying that justifies what I just said, but 3 I am telling you this. We are clearly saying in 4 this bill the DNA must be expunged, the 5 information on it, and taken off the record 6 should a person be found not guilty who has been 7 forced to accept the DNA testing. 8 SENATOR GALIBER: Yes. On the 9 bill, Mr. President. 10 ACTING PRESIDENT LIBOUS: Senator 11 Galiber on the bill. 12 SENATOR GALIBER: Senator, you 13 and I, as I pointed up, have discussed this 14 notion of fingerprints over and over again, and 15 for some strange reason there is an inference, 16 not between the two of us us, but as we debate 17 it, that there are those of us, our neighbors in 18 this great state of ours and in this great 19 country, who fear being fingerprinted. That's 20 not the case. Or there are those who fear DNA 21 or new sciences, and that's not the case. 22 The fact of the matter that we 23 don't want to go too fast, if you will, to the 6323 1 point where we lose some of our neighbors. What 2 some of us are concerned about, those of us who 3 are exposed for various reasons a little bit 4 more than others, that long range -- you know, 5 we read Orwellian 1984, Orwellian society in 6 1984 and big brother approach. So 1984 came, 7 and you've heard me say over and over again none 8 of us said anything about it. They can zoom in 9 on us at this particular point and tell you what 10 color socks you had on last night or the night 11 before. 12 They are seriously talking about 13 altering genes in the future. So those of us 14 who get up and discuss the science or lack of 15 science, not that we're opposed to 16 fingerprinting, not that we're opposed to DNA, 17 but the method which is used, and that is, to - 18 in addition, as I have pointed out -- to mandate 19 as a part of a sentence that this be extracted 20 from that person. It's a double sentence. 21 And I don't get too exercised 22 about the nature of what these folks are found 23 guilty of. But long range, there's a built-in 6324 1 damage of this kind of legislation. You say in 2 so many words that it's not exact. We need to 3 regulate it. We need to add advisory councils. 4 And it's interesting -- and 5 nobody cares more for you in this body than I 6 do, and I mean that sincerely. Might equally, 7 but not more. You know, we look at the board, 8 the composition of the board. We got a sheriff 9 and Corrections. I mean the board is made up of 10 law enforcement people. Law enforcement 11 people. 12 And we look with some suspect 13 when we have a board which is advisory and 14 talking about the public safety, which we are 15 concerned, and I certainly am equally as much as 16 you are about the public safety, to find that we 17 have a board that's made up of -- I'm not sure 18 how many persons are on that board, but it's 19 nine members, and we're talking about, as I 20 pointed out, correction officers, chiefs of 21 police of New York, state sheriffs association, 22 New York State District Attorneys Association, 23 state crime laboratory advisory, DCJS and a 6325 1 number of others. And I'm concerned that all 2 these folks are on this board, and if it's for 3 good intentions for the safety and public safety 4 in the future of those in our society, why not 5 for one thing -- or one other thing, in addition 6 to what I have said already, why the composition 7 of the board with law enforcement people? Why 8 not with some people from Human Rights and a few 9 other agencies that we have around? They are not 10 the best experts, I don't believe, the persons 11 that you have suggested to be part of this 12 advisory board. 13 So, Senator, in all candor, I 14 welcome on the one hand the opportunity to do 15 better because things that are happening in our 16 society today and in our streets not only in the 17 city of New York but in the state. We see these 18 horrible headlines. We saw one this morning. We 19 will see one tomorrow morning, unfortunately. 20 We were there early this week. 21 Something has to be done. It's 22 just that I have to consistently be concerned 23 about basic human rights and how far we go, and 6326 1 to suggest that at times with technology it 2 backfires, and those things that we think are 3 good and we pass and we go along will backfire 4 on us. 5 We might very well be identified 6 with ribbons of some sort or how we talk or how 7 we change our genes, as I mentioned to you 8 earlier. It's a frightening, frightening 9 thought. And it's not as easy as we make it in 10 this chamber by saying, "Are you for 11 motherhood?" And if you say "Yes," you are okay 12 and if you say "No," you are a bad guy with the 13 hat. I'm merely saying this is a good notion 14 and not because I'm a defense attorney. I am a 15 full-time legislator. I don't get a chance to 16 practice law. I don't know about you. 17 But the fact of the matter is 18 there are built-in, inherent dangers here that 19 have to be mentioned. Have to be mentioned 20 because if we use it as a sword -- as I often 21 say, a sword or shield. Do we cut people up 22 with this? Do we hide behind it? Do we say 23 look what happened? Do we let a fellow out of 6327 1 jail after ten years because we exhumed the 2 body? 3 I got a case now where it's a 4 parental situation, where they say we got to 5 pull the body up and take the test and maybe 6 you'll show proof that the father's blood's 7 there; therefore, therefore you can recover. 8 So it's not just in a criminal 9 action. It's a direction that we're going in, 10 but we have to be -- in our haste, and I will 11 end on this note. Senator, we did things 12 hastily ten years ago. I keep bringing it up 13 because it has to be said over and over again. 14 Some ten years ago, we started 15 piling on mandated sentences and piling on 16 things, to the point now that we've gone so far 17 into it that we don't want to reverse 18 ourselves. You know, I catch you every now and 19 then and I nudge you a little bit, and I see a 20 little smile on your face like, "You are almost 21 right, Joe, but maybe not today, maybe 22 tomorrow." 23 We've got to say somewhere along 6328 1 the line, you know, watch ourselves as we move 2 along because we're doing things sometimes a 3 little too fast. 4 So I rise, Mr. President, to say 5 to the sponsor of the bill I know his 6 intentions, and there's never any question about 7 his intentions, but there are some klinkeres 8 here. There are some danger points. There are 9 some sign posts out here that we have to be 10 concerned about. There are the Orwellian 11 conditions mentioned early on, that we passed 12 this 1984. No one said one word. And they've 13 got technology now that's amazing, unbelievable; 14 that never, never, never would we have passed 15 that kind of legislation. 16 So DNA is a technology that is on 17 its way up. No question about it. I think in 18 our anxiety for not letting it take its course 19 that we're pushing things in like mandating 20 sentences. We're also pushing in here a double 21 sentence on someone I have no sympathy for by 22 saying that we want a bank, and not an exact 23 bank. Because if there is a reversal, we're 6329 1 going to say we will remove it technically from 2 the state, but we've got something on a federal 3 level. 4 DNA has not been proven. There 5 are those who -- prosecutors, if you will, law 6 enforcement people, who seriously question how 7 do you let that person out of jail after ten 8 years? This is not a proven exact science yet. 9 So it works both ways, not saying 10 that we let the person out of jail after 20 11 years. The fact of the matter is, Senator, I 12 congratulate you on moving. I just wish on 13 occasion I can get you to slow up a little bit 14 sometimes, but we're headed in this direction. 15 There are these klinkeres which I think we do 16 not have to have in this bill. And if this bill 17 follows the course, even though it's the 18 Governor's bill, if it's going to be a one-house 19 bill, then I hope that some of the questions 20 I've asked of you can be cleared up. I'm not 21 sure now. 22 Thank you for your time, Senator. 23 ACTING PRESIDENT LIBOUS: Read 6330 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 58. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 Senator Kuhl, what is your 11 pleasure? 12 SENATOR KUHL: Yes, Mr. 13 President. May we return to Calendar Number 14 1363 and ask the Secretary to call that up. 15 ACTING PRESIDENT LIBOUS: 1363, 16 Secretary will read. 17 THE SECRETARY: Calendar 1363, 18 substituted earlier today, by member of the 19 Assembly Feldman, Assembly Bill Number 4225A, an 20 act to amend the Vehicle and Traffic Law. 21 SENATOR GOLD: Explanation. 22 ACTING PRESIDENT LIBOUS: Senator 23 Goodman. 6331 1 SENATOR GOODMAN: Mr. President. 2 Last year, approximately a thousand New York 3 City dwellers had a very, very frustrating 4 experience. They had parked their car somewhere 5 in Brooklyn or Manhattan or one of the other 6 boroughs. They came to return to their car and 7 noted that there was a tow truck with its hooks 8 into the car on the verge of towing it away. A 9 sad experience, indeed, but rendered all the 10 more difficult when the driver of the vehicle 11 arrived and said, "This is my car you are towing 12 away and I'm about to move it," only to be told, 13 we're sorry, Sir or Madam, we cannot do that. 14 Under the laws of the state of New York and the 15 city of New York, we are required to tow your 16 car even though you have arrived in time, 17 theoretically, to save it. 18 This situation is one which in 19 agreement with the traffic commissioner of the 20 city of New York we have prepared a bill to 21 remedy. Under this bill, the alert motorist who 22 finds his car but has noted that it is not yet 23 towed away would face instead of a $150 towing 6332 1 charge on top of a charge for a parking ticket 2 typically $75, instead of facing a $225 total 3 charge, we are able to provide an arrangement 4 whereby the towing charge would be cut in half. 5 Therefore, the $75 charge for the ticket would 6 be supplemented by a $75 charge for the aborted 7 tow and the result would be a $150 charge and 8 none of the inconvenience of having to go to the 9 pound, sort out the location of your car and pay 10 an extra charge. 11 The purpose of this bill is to 12 provide the Vehicle and Traffic Law with a 13 provision whereby a system would be established 14 so that this very difficult situation could be 15 avoided. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT LIBOUS: Senator 18 Gold. 19 SENATOR GOLD: Senator Goodman 20 yield to a question? 21 ACTING PRESIDENT LIBOUS: Senator 22 Goodman, would you yield to Senator Gold? 23 SENATOR GOODMAN: Yes, sir. 6333 1 SENATOR GOLD: Senator, obviously 2 the aims of the legislation are very laudable. 3 But I just want to know how it works. 4 The vehicle receives I believe a 5 ticket from one of the officers in the brown 6 suits and then a tow truck comes along and then 7 starts to hook up the vehicle. 8 Now the owner of the vehicle 9 comes along and under the bill identifies 10 himself in some proper manner. 11 What is the next procedure? Do 12 they pay money to the tow truck operator or is 13 there a second document issued? What actually 14 happens? 15 SENATOR GOODMAN: First of all, 16 the owner appears and requests the release of 17 the vehicle. 18 SENATOR GOLD: Right. 19 SENATOR GOODMAN: The owner must 20 show a valid driver's license. 21 SENATOR GOLD: Right. 22 SENATOR GOODMAN: Must present a 23 valid insurance card or other evidence of 6334 1 coverage and must show his vehicle registration 2 to the tow truck operator. 3 SENATOR GOLD: Right. 4 SENATOR GOODMAN: If he is able 5 to do this, the owner must agree in writing to 6 pay a vehicle release fee but neither the ticket 7 nor the release fee need be paid on the spot. 8 He receives that in the mail. 9 SENATOR GOLD: Got it. 10 SENATOR GOODMAN: Thus 11 alleviating the need to produce instant cash 12 which may not be feasible. 13 SENATOR GOLD: All right. Let me 14 ask you a question, Senator, and this is really 15 what is on my mind. I think that the program, 16 obviously, is going to help some people and make 17 some sense. 18 I'm concerned about the opening 19 up the door to opportunity for tow truck 20 operators who might decide that this isn't a 21 good business. In other words, somebody comes 22 along and they've got to sign for $75; on the 23 other hand, for $25 in cash they can get their 6335 1 car back and now you've got a tow truck operator 2 who is allowed to be releasing the vehicle. 3 I mean is there any kind of 4 monitoring of this? Has anybody thought past 5 this situation? 6 SENATOR GOODMAN: Actually, the 7 reason for the present arrangement which seems 8 so peculiarly draconian is precisely the problem 9 of bribery to the tow truck operator, and by 10 eliminating his discretion, the present law 11 seeks to alleviate the possibility of a bribe 12 being passed. 13 SENATOR GOLD: I don't -- I'm 14 sorry, Senator. I don't follow that. 15 SENATOR GOODMAN: The tow truck 16 operator under the present arrangement has no 17 discretion to release the car. 18 SENATOR GOLD: Right. 19 SENATOR GOODMAN: It's on the 20 hook, and there it must remain. 21 SENATOR GOLD: Right. And he 22 takes it away. 23 SENATOR GOODMAN: He takes it 6336 1 away to the pound, and there you must go and 2 pursue it and find it and pay an exorbitant fee. 3 SENATOR GOLD: If I may, Mr. 4 President. I assume under the present system, 5 which obviously is a problem for the motorist, 6 we at least have a system where we're not 7 opening it up to bribery. 8 Under a system where he can 9 release the vehicle, I mean is there any thought 10 being given as to whether or not this is going 11 to open up a new business for some of these - 12 SENATOR GOODMAN: Well, first of 13 all, the present system does give rise to the 14 possibility of bribery, but the -- and the way 15 it does is that the hook is in the car, the car 16 is elevated and being ready to be towed away. 17 Someone comes up and says, "I'll give you 200 18 bucks if you release my car," or 300 or 19 whatever. A dishonest operator can release it. 20 But if the dishonest operator is seen releasing 21 it by any enforcement officer, that man 22 obviously is in very deep trouble. 23 SENATOR GOLD: Yes. 6337 1 SENATOR GOODMAN: Under the 2 present - 3 SENATOR GOLD: Under the new 4 law - 5 SENATOR GOODMAN: Under the 6 proposed - 7 SENATOR GOLD: May I ask - 8 SENATOR GOODMAN: Can I just 9 conclude with the answer to your question? 10 SENATOR GOLD: Of course, 11 Senator. 12 SENATOR GOODMAN: Under the new 13 law, the operator of the tow truck has the right 14 provided that the appropriate credentials have 15 been showed to him to accept the -- in effect, 16 to issue a bill to the driver. In the event 17 that he is caught not issuing that bill after 18 having released the truck from the hook, he is 19 in the same kind of trouble that he would be 20 under existing law. Police officer comes up, 21 can at any time ask to see the credentials of 22 the operator, of the automobile operator and the 23 tow truck operator, can examine the attendant 6338 1 forms and papers that have been filled out. And 2 if they haven't, then their unleashes a very 3 severe penalty just as it would now. The only 4 difference is that the driver is relieved in 5 hopefully the majority -- great majority of 6 cases from all of the inconvenience we have 7 discussed. 8 SENATOR GOLD: Senator, if you'll 9 yield to one more question? 10 SENATOR GOODMAN: Sure. 11 SENATOR GOLD: I believe that you 12 have stated the exact case. I just come to a 13 different conclusion than you do. 14 Under the present law if a tow 15 truck operator releases the car, there is no 16 valid reason to do that and you know that the 17 fellow is doing something wrong. 18 But I can envision under the new 19 law, which I'm not saying is a bad idea, if you 20 see a tow truck operator releasing the vehicle, 21 he could have the form and then he -- you know, 22 as soon as they look around, the car is down, 23 "Here's your form," you know, "Here's your 35 6339 1 bucks", or whatever. He's out of there or 2 whatever; it's gone or whatever. 3 I mean it just sets up I think a 4 legal situation for them to be able to release 5 the car which would make it harder I would think 6 for the police officer to determine whether it's 7 a legal letting go of the car or an illegal 8 letting go of the car. 9 SENATOR GOODMAN: Senator, from a 10 systems analysis standpoint what is happening is 11 the tow truck operator has a book of forms in 12 numerical sequence, I presume, and these forms 13 have the usual carbon attachments, and what have 14 you, so that when the truck is released from the 15 hook it can only be released provided a set of 16 those forms has been filled out. One is given 17 to the individual driving the car and one 18 remains in the book, or several do, for 19 dispersion to different parts of the 20 bureaucracy. If a police officer comes up and 21 asks to inspect the book and finds that the form 22 has not been issued, that's readily apparent 23 because there will be no carbon copy, in effect, 6340 1 available to reflect that transaction, and he 2 will say, "Why is there no carbon copy?" You are 3 under arrest, and you will spend the next 4 several years in a free hotel. And that is the 5 disposition of the matter. 6 SENATOR GOLD: Yes. Mr. 7 President. Thank you. On the bill. 8 ACTING PRESIDENT LIBOUS: Senator 9 Gold on the bill. 10 SENATOR GOLD: Now, Senator 11 Goodman, everyone knows why we admire you. You 12 have now invented a book that doesn't exist. We 13 can only hope that when the law comes about they 14 will have such a book. The law says that there 15 will be some regulation. 16 SENATOR GOODMAN: Will Senator 17 Gold yield? 18 SENATOR GOLD: My pleasure. 19 SENATOR GOODMAN: Your compliment 20 to my imagination is appreciated, but I am 21 basing this upon an understanding I think we 22 share of a police officer summons book. You've 23 been around for a while - 6341 1 SENATOR GOLD: Oh, yes, Senator, 2 of course - 3 SENATOR GOODMAN: -- and that 4 involves a book with forms very similar to the 5 type that I just described to you. 6 SENATOR GOLD: No, but, Senator 7 -- if I may, Mr. President. 8 ACTING PRESIDENT LIBOUS: Thank 9 you, Senator Gold. 10 Ladies and gentlemen, I would 11 hope that you would address the chair. 12 SENATOR GOODMAN: And the 13 question is, don't those forms give us 14 protection, in fact? 15 SENATOR GOLD: Yes - 16 ACTING PRESIDENT LIBOUS: Senator 17 Gold, do you wish the floor? 18 SENATOR GOLD: Yes, thank you. 19 I've got it right here (indicating with his 20 foot. ) 21 Mr. President. Senator Goodman, 22 I'm going to vote for the bill. I think it's a 23 good idea. 6342 1 The bill says that there will be 2 some regulations, and I guess maybe as a result 3 of the regulations there will be a book. 4 Senator, since we have no program today, they 5 cannot have a book that is a release book. 6 Maybe they will take your suggestion and create 7 such a book. 8 But I hope that we're really not 9 -- for the people that we're helping, I hope 10 we're not opening the door to a new business. I 11 mean the people who manage to take what we do 12 and make new businesses out of it or have great 13 imaginations, and I don't think this one takes 14 too much imagination. 15 At any rate, it certainly is 16 worth a try and I'm going to support it, Senator 17 Goodman, and thank you for your courtesy of 18 answering. 19 ACTING PRESIDENT LIBOUS: There's 20 a home rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 6343 1 ACTING PRESIDENT LIBOUS: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT LIBOUS: The 6 bill is passed. 7 SENATOR GALIBER: Mr. President. 8 ACTING PRESIDENT LIBOUS: Senator 9 Galiber. 10 SENATOR GALIBER: Mr. President, 11 could you tell me if the bill is not out of the 12 house yet how I was recorded on 1378? 13 ACTING PRESIDENT LIBOUS: I 14 believe you were recorded in the affirmative, 15 Senator Galiber. 16 SENATOR GALIBER: Record it in 17 the negative, please. 18 ACTING PRESIDENT LIBOUS: Senator 19 Galiber in the negative, without objection. 20 SENATOR WALDON: Mr. President. 21 ACTING PRESIDENT LIBOUS: Senator 22 Waldon. 23 SENATOR WALDON: I request the 6344 1 same procedure for that bill. 2 ACTING PRESIDENT LIBOUS: Senator 3 Waldon, you were recorded in the affirmative and 4 you would prefer to be in the negative on that 5 bill? 6 SENATOR WALDON: That's correct. 7 ACTING PRESIDENT LIBOUS: Without 8 objection. 9 SENATOR GALIBER: Mr. President. 10 ACTING PRESIDENT LIBOUS: Senator 11 Galiber. 12 SENATOR GALIBER: While I'm 13 standing, could I have unanimous consent to be 14 recorded in the negative on 1086 and 1361. 15 ACTING PRESIDENT LIBOUS: 1086 16 and 1361. 17 SENATOR GALIBER: Yes, sir. 18 ACTING PRESIDENT LIBOUS: In the 19 negative, without objection. 20 SENATOR GALIBER: Thank you. 21 ACTING PRESIDENT LIBOUS: Senator 22 Present. 23 SENATOR PRESENT: Do you want to 6345 1 recognize Senator Holland, please. 2 ACTING PRESIDENT LIBOUS: I 3 recognize Senator Holland. 4 SENATOR HOLLAND: How are you? 5 Could you remove the star on my bill, Calendar 6 381, Senate Print 488. 7 ACTING PRESIDENT LIBOUS: The 8 bill is starred, Senator. 9 Senator Present. 10 SENATOR HOLLAND: Remove the 11 star. 12 ACTING PRESIDENT LIBOUS: Remove 13 the star. The star is removed. 14 Senator Present. 15 SENATOR PRESENT: Mr. President. 16 May we have Calendar 1366, please. 17 ACTING PRESIDENT LIBOUS: 1366. 18 But before we do that, Senator Present, could I 19 recognize Senator LaValle? 20 SENATOR PRESENT: Sure. 21 SENATOR LAVALLE: Mr. President. 22 Would you remove the star from Calendar Number 23 910. 6346 1 ACTING PRESIDENT LIBOUS: Star is 2 removed from Calendar Number 910. 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1366, by Senator Tully, Senate Bill Number 3335, 6 an act to amend the Insurance Law. 7 SENATOR SOLOMON: Explanation. 8 SENATOR GOLD: Explanation. 9 ACTING PRESIDENT LIBOUS: 10 Explanation, Senator Tully. 11 SENATOR TULLY: Yes, Mr. 12 President. This bill amends Section 3233 of the 13 Insurance Law by requiring that the garden spots 14 of Nassau and Suffolk Counties constitute one 15 geographic region for the purpose of demographic 16 and high cost claims sharing pools established 17 pursuant to Section 3233. 18 SENATOR SOLOMON: Mr. President. 19 ACTING PRESIDENT LIBOUS: Senator 20 Solomon. 21 SENATOR SOLOMON: Yes. Will 22 Senator Tully yield, please. 23 ACTING PRESIDENT LIBOUS: Senator 6347 1 Tully, would you yield to Senator Solomon? 2 SENATOR TULLY: I would be 3 delighted. 4 ACTING PRESIDENT LIBOUS: He 5 would be delighted. 6 SENATOR SOLOMON: Thank you. 7 Senator, can you tell me what 8 impact this legislation will have on community 9 rating and open enrollment in terms of the 10 specific geographic areas that are currently 11 involved in it? 12 SENATOR TULLY: It would have a 13 very positive effect for the residents of Nassau 14 and Suffolk Counties, Mr. President, in that a 15 study conducted by Milliman & Robertson, who are 16 actuaries and consultants who were hired at the 17 request of the Long Island Association, a 18 consortium of businesses in Nassau and Suffolk 19 Counties, reflected that combining Long Island 20 with the counties as they presently are would 21 add 2.6 percent to the health insurance premiums 22 of small businesses and individuals as opposed 23 to Long Island standing alone on the demographic 6348 1 pooling issue. 2 SENATOR SOLOMON: So - 3 ACTING PRESIDENT LIBOUS: Senator 4 Solomon, do you have another question? 5 SENATOR SOLOMON: Yes. Senator, 6 if you will continue to yield. So, in effect, 7 what this bill will do is raise the health 8 insurance premiums for people who reside in 9 Rockland and Westchester Counties and New York 10 City? 11 ACTING PRESIDENT LIBOUS: Senator 12 Tully. 13 SENATOR TULLY: Mr. President. 14 That is an assumption that only Senator Solomon 15 can make. What I have indicated is that the 16 cost would be 2.6 percent more to the residents 17 of Long Island. 18 At the time that the open 19 enrollment and community rating bill was 20 negotiated, it was clear that the ability 21 through regulation to create regions would 22 reside in the Commissioner of Insurance, and 23 Long Island has long been recognized as a 6349 1 distinct region by both the federal and the 2 state government with respect to population 3 demographics, economic development, health care 4 planning, and hospital, nursing home and 5 physician rate setting. This is consistent with 6 regional business structures and is intended to 7 provide symmetry between regional health and 8 business economics. 9 So history indicates that in 10 every area Long Island is considered separate 11 and distinct, and they should not be thrown 12 together with the other counties. We did not 13 anticipate, Mr. President, that the Commissioner 14 would do such a thing. And having done it, 15 we're now seeking to rectify an error that he 16 made. 17 ACTING PRESIDENT LIBOUS: Senator 18 Solomon. 19 SENATOR SOLOMON: Senator, if you 20 would just yield, because I thought you said 21 that this bill would increase rates in Nassau 22 and Suffolk. 23 SENATOR TULLY: Mr. President. 6350 1 ACTING PRESIDENT LIBOUS: Senator 2 Tully. 3 SENATOR TULLY: Combining Long 4 Island with these other counties would add 2.6 5 percent to the health insurance premiums of 6 small businesses in our area. That's correct. 7 SENATOR SOLOMON: Well, they're 8 currently combined now, though. 9 SENATOR TULLY: Mr. President. I 10 didn't hear the question. 11 ACTING PRESIDENT LIBOUS: Senator 12 Solomon, your question? 13 SENATOR SOLOMON: Those counties 14 are currently within this grouping; correct? 15 SENATOR TULLY: That's why we 16 have this bill before us, Senator Solomon. 17 SENATOR SOLOMON: Right. 18 Senator, one other question. What happens if, 19 next, we have Suffolk County that decides, well, 20 you know, if we break apart from Nassau county, 21 we will have reduced rates because Nassau County 22 has a high incidence of breast cancer, for 23 instance? I mean where is this going to end? 6351 1 And then, someone says, you know -- and eastern 2 Suffolk breaks away from western Suffolk because 3 for some other reasons they make a determination 4 that in fact it will be a lower rate? When does 5 this end? 6 SENATOR TULLY: That's an 7 excellent question, Senator Solomon. 8 I would think that if, for 9 instance, Suffolk County was seeking to break 10 away from Nassau, as you've indicated, then they 11 would be flying in the face of the historic 12 joinder of the two counties for all of the 13 reasons I previously expressed. 14 SENATOR SOLOMON: One other - 15 SENATOR LIBOUS: Senator Solomon, 16 one other question. Will you yield? 17 SENATOR TULLY: Yes. 18 SENATOR SOLOMON: I thought that 19 the Nassau County-Suffolk -- I believe it was 20 the federal government that had designated it as 21 a region or an economic region. I thought they 22 had recombined it with New York City recently in 23 the Metropolitan area. 6352 1 SENATOR TULLY: While we 2 recognize what a great community New York City 3 is, for purposes such as we're describing today, 4 we prefer to stand alone. 5 SENATOR SOLOMON: Thank you. On 6 the bill. 7 ACTING PRESIDENT LIBOUS: Senator 8 Solomon on the bill. 9 SENATOR SOLOMON: As Senator 10 Tully indicated, the net impact of this bill 11 would be beneficial to Nassau and Suffolk County 12 but detrimental -- if it's obviously going to 13 lower the rates for those two counties by 14 allowing them to break out of the region, it's 15 going to be detrimental to counties such as 16 Westchester, Rockland, and the New York City 17 boroughs. 18 The impact of community rating is 19 to take large geographic areas and combine them 20 to spread out the risk so that we don't have 21 differences in rates because of the specific 22 area in which you live. And this bill, in fact, 23 flies in the face of the community rating bill 6353 1 which was passed last April -- excuse me, last 2 July, by this Legislature to even out those 3 rates among senior citizens and younger people 4 and people that were ill. 5 So if we vote for this bill, we 6 are in fact starting to take apart that 7 community rating, and I should warn those of you 8 that are in other counties that in fact this 9 bill could end up increasing the insurance rates 10 for those people that are in your counties as of 11 now. 12 And I would recommend a no vote 13 if you live in or represent Rockland, 14 Westchester and New York City on this bill. 15 Thank you, Mr. President. 16 ACTING PRESIDENT LIBOUS: Read 17 the last section. 18 Senator Tully. 19 SENATOR TULLY: On the bill to 20 explain my vote. Senator Solomon -- I know of 21 his keen interest in being sure that everything 22 is being done in terms of equity, and I think 23 all we're asking here is that we consider the 6354 1 historical joinder of those two counties. And 2 the fact is that the Commissioner in his 3 infinite wisdom made an error in including these 4 counties with the others. They have always 5 stood alone. 6 And just as he has broken down 7 the pools into seven regions throughout the 8 state, he just made an error in including these 9 two in that particular pool. We're asking that 10 it be rectified. 11 Thank you, Mr. President. 12 ACTING PRESIDENT LIBOUS: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LIBOUS: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 58, excuse 20 me. Ayes 58, nays one. Oh, wait a minute. 21 Those recorded in the negative on 22 Calendar Number 1366 are Senators Connor, Gold, 23 Leichter, Markowitz, Ohrenstein, Onorato and 6355 1 Solomon. Ayes 52, nays 7. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1381, by Senator Daly, Senate Bill Number 5256A, 6 Private Housing Finance Law. 7 SENATOR GOLD: Last section. 8 ACTING PRESIDENT LIBOUS: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LIBOUS: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT LIBOUS: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1389, by Senator Pataki. 20 SENATOR PRESENT: Lay it aside 21 for the day. 22 ACTING PRESIDENT LIBOUS: Lay 23 that aside for the day. 6356 1 THE SECRETARY: Calendar Number 2 1391, by Senator Lack, Senate Bill Number 5886A, 3 Workers' Compensation Law. 4 ACTING PRESIDENT LIBOUS: 5 Explanation. Senator Lack. 6 SENATOR PRESENT: Lay it aside. 7 ACTING PRESIDENT LIBOUS: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 1392, by Senator Volker, Senate Bill Number 11 5915a, temporarily exempt from medical licensure 12 requirements physicians from foreign countries. 13 SENATOR GOLD: Yes. Will Senator 14 Volker yield to a question? 15 ACTING PRESIDENT LIBOUS: Senator 16 Volker, would you yield to a question? 17 SENATOR VOLKER: Sure. 18 SENATOR GOLD: Senator, just a 19 question. Somebody raised it. I forget who, 20 but I figured you wouldn't mind giving an answer 21 to this. I assume that the intent here is to 22 allow the various competitors to bring their own 23 medical people with them. 6357 1 SENATOR VOLKER: Right. 2 SENATOR GOLD: But the way the 3 bill reads, it doesn't seem to limit them to - 4 these doctors to doing that. It gives them the 5 right on a temporary basis to do anything. Am I 6 misreading it? 7 SENATOR VOLKER: No, I think you 8 are misreading it, Senator. 9 Senator, by the way, this 10 legislation is patterned exactly after 11 legislation that was passed for the Olympics in 12 1980, and the reason for it is that so many of 13 these countries and these teams that travel, 14 travel with their own medical people. And under 15 the rules of New York, you can't practice 16 medicine in New York unless you are licensed in 17 New York. And as a result, there is no way that 18 these people could even be authorized by 19 state-to-state medical societies. So that's 20 what the thrust of this is about. 21 SENATOR GOLD: Yes, Senator, my 22 question was not very artfully phrased. I don't 23 mean that during that period they can go out and 6358 1 give general medical attention. The bill 2 specifically says in connection with the games. 3 SENATOR VOLKER: Right. 4 SENATOR GOLD: But I just wanted 5 to understand -- the way I read it, if somebody 6 comes in here, they can -- even though they may 7 come with one team or they may come with one 8 player, but once they are here they under this 9 bill would be authorized to pick up new 10 clientele. 11 SENATOR VOLKER: No. 12 SENATOR GOLD: Well, that's the 13 point. 14 SENATOR VOLKER: Absolutely not. 15 In fact, if you read it, in both sections it 16 talks about in relation to World University 17 Games athletes or staff. 18 SENATOR GOLD: Yes, but they can 19 deal with anybody who's connected with the 20 games. It wouldn't have to be the client they 21 came with. 22 SENATOR VOLKER: Yes, I suppose 23 that's true. 6359 1 SENATOR GOLD: I'm not saying 2 that's bad or good. It's just something - 3 SENATOR VOLKER: But they 4 couldn't go outside the games, though, is what 5 I'm saying. 6 SENATOR GOLD: No. 7 SENATOR VOLKER: Yes, okay. 8 ACTING PRESIDENT LIBOUS: Senator 9 Dollinger. 10 SENATOR DOLLINGER: Mr. 11 President. Would Senator Volker yield to 12 another question? 13 ACTING PRESIDENT LIBOUS: Senator 14 Volker, would you yield to Senator Dollinger? 15 SENATOR VOLKER: Certainly. 16 SENATOR DOLLINGER: My question, 17 Senator, is are there equestrian events at the 18 World University Games? Can we anticipate that 19 veterinarians might run into the same problem? 20 SENATOR VOLKER: I suppose -- as 21 my counsel said, "Not that they've told us." 22 But I guess there would probably be equestrian 23 events at the game. I don't know if teams would 6360 1 bring their own veterinarians, but I suppose 2 they would, but no one has told us that that 3 would be a problem, but you may well be right. 4 SENATOR DOLLINGER: That's fine, 5 Mr. President. I didn't know. I figured that 6 that's the one difference between winter 7 Olympics and summer Olympics is that there's 8 animals. 9 SENATOR VOLKER: That's probably 10 a good point, but I think the -- water polo? 11 I think the -- the reason for 12 this bill apparently is that there was another 13 bill that we had, too. I think it related to 14 the -- oh, it was Sunday sports that we just 15 passed. These are all patterned on the same 16 kinds of things that had to be passed for the 17 Olympic Games back in 1980, and that's where 18 this came from. You may well be right, but no 19 veterinarian has told us it's a problem. So I 20 guess - 21 SENATOR DOLLINGER: That's one we 22 don't need to solve then, now. 23 ACTING PRESIDENT LIBOUS: Read 6361 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 59. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1395, by Senator Wright, Senate Bill Number 12 5944, an act to amend the Real Property Tax Law. 13 SENATOR GOLD: Hold on one 14 second, please. 15 SENATOR DOLLINGER: Explanation. 16 ACTING PRESIDENT LIBOUS: Senator 17 Dollinger would like an explanation, Senator 18 Wright. 19 SENATOR WRIGHT: Be glad to, Mr. 20 President. 21 The bill amends the Real Property 22 Tax Law to provide that in the event that 23 conservation easements are acquired by the state 6362 1 in the Tug Hill region that they will be subject 2 to taxation. This is a similar provision to 3 what is currently afforded in the Adirondack 4 region and in the Catskill region and other 5 regions of the state where there are protected 6 watersheds. It provides a protection to the tax 7 base of the local governments in that region. 8 SENATOR DOLLINGER: Mr. 9 President. 10 ACTING PRESIDENT LIBOUS: Senator 11 Dollinger. 12 SENATOR DOLLINGER: A couple 13 quick questions if Senator Wright will yield, 14 Mr. President. 15 ACTING PRESIDENT LIBOUS: Will 16 you yield to a couple quick questions? 17 SENATOR WRIGHT: I'll be glad to. 18 SENATOR DOLLINGER: Senator, does 19 this apply to donated easements, as well? 20 SENATOR WRIGHT: Yes. 21 SENATOR DOLLINGER: So if it was 22 simply donated by someone to the state, the 23 state would have to pay the taxation costs? 6363 1 SENATOR WRIGHT: That is 2 correct. They pay the difference. 3 SENATOR DOLLINGER: Two, what 4 about -- I understand that this is a specific 5 region of the state. My question is why 6 wouldn't there be a statewide rule, whenever the 7 state takes a scenic easement or a slope 8 easement or whatever it is, a conservation 9 easement, why wouldn't we do this on a statewide 10 basis? 11 SENATOR WRIGHT: Well, in fact, I 12 think we could and should. If you will recall 13 yesterday's discussion in terms of the 14 environmental trust fund, in fact there is 15 provision in that particular statute that we 16 supported yesterday to extend that statewide so 17 that, in fact, all of the state would enjoy that 18 benefit. In the absence of achieving both 19 houses' support of that particular bill, we felt 20 we needed to address the particular area of the 21 state that has been designated the Tug Hill 22 region. 23 SENATOR DOLLINGER: A final 6364 1 question, Mr. President. 2 Do you know what the total cost 3 to the state of the easements in the Tug Hill - 4 and I know the Tug Hill area pretty well. Do 5 you have any idea what we pay in lieu of taxes 6 or as a tax payment to the communities? 7 SENATOR WRIGHT: Well, right now, 8 you don't have a requirement that you make that 9 payment. That's what this bill would require to 10 do. 11 And in terms of establishing an 12 estimate for that particular easement, it all 13 depends on the amount of the easement, the 14 actual reduction in the assessed value when the 15 easement is taken. 16 But anticipate that right now 17 there is only a limited area of easements 18 actually under discussion, so it would have 19 minimal impact. 20 SENATOR DOLLINGER: Just one 21 other question, Mr. President. The answer 22 triggered it. I remember when Senator Stafford 23 talked at some length about the state's reaction 6365 1 to assessments by local assessors over values 2 that should be associated with easements and 3 with takings by the state. His suggestion was 4 that the state through obstreperous litigation 5 practice, I think, in his words, had caused the 6 communities to spend a lot of money litigating 7 value and spend a lot of the taxpayers' money 8 trying to figure out what these properties were 9 worth for assessment purposes. 10 My question is, do you have any 11 thoughts about doing something in Tug Hill 12 differently to get that out of the courts or 13 perhaps putting it in binding arbitration or 14 perhaps some other provision that would avoid 15 that seemingly needless conflict between the 16 state and its subdivision over land values for 17 taxation purposes. 18 SENATOR WRIGHT: No, we do not 19 have that reflected in this particular bill. I 20 share the Senator's concerns as they were 21 articulated yesterday. 22 And, in fact, we've dealt with a 23 number of areas where we've talked about the 6366 1 same kind of issue, and that's the overstepping 2 of their regulatory bounds and authority by 3 agencies, and I think this is just but one more 4 example that falls into that general category 5 where agencies are really exceeding their 6 statutory authority for their interests as 7 opposed to the broader statewide interest. 8 So in that generic sense, I think 9 it needs to be addressed, but this particular 10 bill does not do that. 11 SENATOR DOLLINGER: Mr. 12 President. On the bill. 13 I'm going to vote in favor of 14 this bill. I know the Tug Hill region 15 reasonably well, and I see the wisdom of 16 entering into this kind of relationship. I do 17 hope that this is really a foreshadowing of 18 treatment on a statewide basis that would do 19 that, whether it's under an environmental act or 20 environmental trust fund act, however it comes, 21 that we adopt this kind of approach for the 22 entire state, and I would just hope that the 23 Majority might consider some alternative to 6367 1 litigation in a dispute between the local 2 assessor and the state about how much payment 3 for tax is going to have to be made on 4 state-owned lands. 5 I understand, and frankly 6 appreciate, Senator Stafford's point that was 7 made yesterday. I think Senator Wright is aware 8 of it, but there's got to be a way that we can 9 kick out of the court system this extremely 10 litigious problem with value. 11 And I'd point out that I agree 12 with -- I think Senator Leichter or Senator Gold 13 yesterday who said unfortunately what you have 14 is the home town assessor who's trying to put as 15 much value as he can on the state property to 16 generate as much income for the home town voters 17 as he or she can, and that tends to put two 18 parties in completely opposite position -- the 19 state hoping to reduce its tax costs; the 20 assessor hoping to pass as much value as 21 possible on to the state. And it seems to me 22 that there could be some way for the Majority to 23 work out a system of arbitration, some system 6368 1 that would avoid the kind of litigation 2 stranglehold on small communities that appears 3 to be involved here. 4 So I would just offer that as a 5 thought to my colleague from Jefferson County. 6 ACTING PRESIDENT LIBOUS: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LIBOUS: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 59. 14 ACTING PRESIDENT LIBOUS: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1403, by Senator Larkin, Senate Bill Number 18 5989, amends Chapter 680 of the Laws of 1976, 19 amending the Local Finance Law. 20 SENATOR GOLD: The Senator yield 21 to one question? 22 ACTING PRESIDENT LIBOUS: Senator 23 Larkin. 6369 1 Senator Present. 2 SENATOR PRESENT: While we're 3 waiting for Senator Larkin, may I go back to 4 motions? 5 ACTING PRESIDENT LIBOUS: 6 Certainly can. 7 SENATOR PRESENT: Mr. President. 8 On page 30, I offer the following amendments to 9 Calendar 1320, Senate Print 5991, and ask that 10 it retain its place on the Third Reading 11 Calendar. 12 ACTING PRESIDENT LIBOUS: Without 13 objection. 14 Senator Kuhl. 15 SENATOR KUHL: Yes, also in the 16 same vein, Mr. President. On behalf of Senator 17 Hannon, I wish to call up his bill, Senate Print 18 5006, recalled from the Assembly, which is now 19 at the desk. 20 ACTING PRESIDENT LIBOUS: 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Holland, Senate Bill Number 5006, an act to 6370 1 amend the Public Authorities Law. 2 SENATOR KUHL: Mr. President. I 3 now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT LIBOUS: The 6 Secretary will call the roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration. ) 9 THE SECRETARY: Ayes 59. 10 ACTING PRESIDENT LIBOUS: The 11 bill is before the house. 12 SENATOR KUHL: I offer up the 13 following amendments, Mr. President. 14 ACTING PRESIDENT LIBOUS: 15 Amendments received. 16 SENATOR KUHL: Also, Mr. 17 President, on behalf of Senator Hannon, I wish 18 to call up Calendar Number 470, Assembly Print 19 Number 1829A. 20 ACTING PRESIDENT LIBOUS: 21 Secretary will read. 22 THE SECRETARY: Assembly Bill 23 Number 1829A, an act to amend the Private 6371 1 Housing Finance Law. 2 SENATOR KUHL: I now move to 3 reconsider the vote by which this Assembly bill 4 was substituted for Senator Hannon's bill, 5 Senate Print Number 3174A, on June 22 of this 6 year. 7 ACTING PRESIDENT LIBOUS: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 59. 12 ACTING PRESIDENT LIBOUS: The 13 bill is before the house. 14 SENATOR KUHL: I now move that 15 Assembly Bill Number 1829A be recommitted to the 16 Committee on Rules and that my Senate bill be 17 restored to the order of Third Reading Calendar. 18 ACTING PRESIDENT LIBOUS: Without 19 objection. 20 Senator Wright. 21 SENATOR WRIGHT: Mr. President. 22 I request unanimous consent to be recorded in 23 the negative on Calendar Number 1068. 6372 1 ACTING PRESIDENT LIBOUS: Without 2 objection. 3 SENATOR WRIGHT: And I have 4 several motions, Mr. President. 5 ACTING PRESIDENT LIBOUS: 6 Certainly, Senator Wright. 7 SENATOR WRIGHT: On page number 8 12, I offer the following amendments to Calendar 9 Number 614, Senate Print Number 4108A, and ask 10 that said bill retain its place on the Third 11 Reading Calendar. 12 ACTING PRESIDENT LIBOUS: Without 13 objection. 14 SENATOR WRIGHT: On page 27, I 15 offer the following amendments to Calendar 16 Number 1193, Senate Print Number 5768A, and ask 17 that said bill retain its place on the Third 18 Reading Calendar. 19 ACTING PRESIDENT LIBOUS: Without 20 objection. 21 Senator Larkin, explanation is 22 requested. 23 Oh, Senator Larkin has a motion. 6373 1 SENATOR LARKIN: Mr. President, I 2 wish to call up my bill, Print Number Senate 3 3985, recalled from the Assembly, which is now 4 at the desk. 5 ACTING PRESIDENT LIBOUS: 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Larkin, Senate Bill Number 3985, an act to amend 9 the General Municipal Law. 10 SENATOR LARKIN: I now move to 11 reconsider the vote by which the bill was 12 passed. 13 ACTING PRESIDENT LIBOUS: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT LIBOUS: The 19 bill is before the house. 20 SENATOR LARKIN: I now offer the 21 following amendments. 22 ACTING PRESIDENT LIBOUS: 23 Amendments received. 6374 1 THE SECRETARY: On page 21 of 2 today's calendar, Senator Farley moves to 3 discharge the Committee on Rules from Assembly 4 Bill Number 7107B, and substitute it for the 5 identical Third Reading 889. 6 ACTING PRESIDENT LIBOUS: 7 Substitution ordered. 8 1403, secretary will read the 9 title. 10 THE SECRETARY: Calendar Number 11 1403, by Senator Larkin, Senate Bill Number 12 5989, amends Chapter 680 of the Laws of 1976. 13 ACTING PRESIDENT LIBOUS: 14 Explanation. Senator Larkin, an explanation was 15 requested earlier when you were - 16 SENATOR GOLD: Last section. 17 ACTING PRESIDENT LIBOUS: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LIBOUS: Call 22 the roll. 23 (The Secretary called the roll. ) 6375 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT LIBOUS: The 3 bill is passed. 4 Senator Present. 5 SENATOR PRESENT: Recognize 6 Senator Pataki. 7 ACTING PRESIDENT LIBOUS: Senator 8 Pataki. 9 SENATOR PATAKI: Yes, Mr. 10 President. I request unanimous consent to be 11 recorded in the negative on Calendar 1068. 12 ACTING PRESIDENT LIBOUS: Without 13 objection. 14 Senator Present. 15 SENATOR PRESENT: Mr. President, 16 I believe there is a privileged resolution of 17 Senator Lack's at the desk. May we have the 18 title read and acted upon. 19 ACTING PRESIDENT LIBOUS: 20 Secretary will read. 21 THE SECRETARY: Legislative 22 Resolution, by Senators lack, Marino, and 23 others, paying tribute to the life and 6376 1 contributions of Suffolk County Planning 2 Commissioner Arthur Kunz. 3 ACTING PRESIDENT LIBOUS: On the 4 resolution. All those in favor, indicate by 5 saying aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Senator Present. 11 SENATOR PRESENT: Mr. President, 12 I believe there is a privileged resolution at 13 the desk by Senator Goodman. May we have the 14 title read. 15 ACTING PRESIDENT LIBOUS: 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Goodman, Legislative Resolution, honoring the 19 life of Ethel Hausman. 20 ACTING PRESIDENT LIBOUS: On the 21 resolution. All in favor, say aye. 22 (Response of "Aye.") 23 Opposed, nay. 6377 1 (There was no response. ) 2 The resolution is adopted. 3 Senator Present, that concludes 4 everything here at the desk. 5 SENATOR PRESENT: Mr. President. 6 There being no further business, I move that - 7 after you recognize Senator Seward. 8 ACTING PRESIDENT LIBOUS: The 9 chair recognizes Senator Seward. 10 SENATOR SEWARD: Thank you, Mr. 11 President. I would like unanimous consent to be 12 recorded in the negative on Calendar Number 13 1068. 14 ACTING PRESIDENT LIBOUS: Without 15 objection. 16 Senator Present. 17 SENATOR PRESENT: Now, there 18 being no further business, I move that we 19 adjourn until tomorrow at 1:30 p.m. 20 ACTING PRESIDENT LIBOUS: Senate 21 stands adjourned until tomorrow at 1:30 p.m. 22 (Whereupon, at 6:41 p.m., Senate 23 adjourned. )