Thursday, June 16, 1994

5154 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 16, 1994 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 5155 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 take their seats. Join with me in saying the 5 Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 In the absence of clergy, I would 9 ask you all to bow your heads in a moment of 10 silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Wednesday, June 15th. The Senate met pursuant 16 to adjournment, Senator Spano in the Chair upon 17 designation of the Temporary President. The 18 Journal of Tuesday, June 14th, was read and 19 approved. On motion, the Senate adjourned. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 5156 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator DiCarlo. 9 SENATOR DiCARLO: Mr. President, 10 on page -- for Senator Levy, on page 41, I offer 11 the following amendments to Calendar 1006, 12 Senate Print 4803, and ask that said bill retain 13 its place on the Third Reading Calendar. 14 ACTING PRESIDENT KUHL: The 15 amendments are received and adopted. 16 SENATOR DiCARLO: On page 35, I 17 offer the following amendments for Senator 18 Johnson, Calendar Number 311, Senate Print 19 Number 3934, and ask that said bill retain its 20 place on the Third Reading Calendar. Please 21 remove the star. 22 ACTING PRESIDENT KUHL: The 23 amendments are received and adopted. The star 5157 1 is removed. The bill will retain its place on 2 the Third Reading Calendar. 3 SENATOR DiCARLO: Mr. President, 4 on page 38, I offer the following amendments to 5 Calendar 607, Senate Print 71-A, and ask that 6 said bill retain its place on the Third Reading 7 Calendar for Senator Levy. 8 ACTING PRESIDENT KUHL: The 9 amendments are received and adopted. The bill 10 will retain its place on the Third Reading 11 Calendar. 12 SENATOR DiCARLO: Mr. President, 13 for Senator Farley, on page 8, I offer the 14 following amendments to Calendar 435, Senate 15 Print Number 214-C, and ask that said bill 16 retain its place on the Third Reading Calendar. 17 ACTING PRESIDENT KUHL: The 18 amendments are received and adopted and the bill 19 will retain its place on the Third Reading 20 Calendar. 21 SENATOR DiCARLO: Mr. President, 22 on page 35, Calendar 311, please remove the 23 star. 5158 1 ACTING PRESIDENT KUHL: The star 2 will be removed on Calendar Number -- what is 3 it, Calendar 311. 4 Senator DiCarlo. 5 SENATOR DiCARLO: On behalf of 6 Senator Hannon, please place a sponsor's star on 7 Calendar 206. 8 ACTING PRESIDENT KUHL: A 9 sponsor's star will be placed on Calendar 206. 10 SENATOR DiCARLO: On behalf of 11 Senator Farley, please place a sponsor's star on 12 Calendar 479. 13 ACTING PRESIDENT KUHL: A 14 sponsor's star is placed on Calendar Number 479. 15 SENATOR DiCARLO: On behalf of 16 Senator Bruno, please place a sponsor's star on 17 Calendar 1203. 18 ACTING PRESIDENT KUHL: A 19 sponsor's star will be placed on Calendar Number 20 1203. 21 Senator Padavan, we have a 22 substitution we'd like to read at this time. 23 The Secretary will read. 5159 1 THE SECRETARY: On page 31 of 2 today's calendar, Senator Babbush moves to 3 discharge the Committee on Cities from Assembly 4 Bill Number 5396-A and substitute it for the 5 identical Third Reading 1192. 6 ACTING PRESIDENT KUHL: The 7 substitution is ordered. 8 SENATOR PADAVAN: Mr. President, 9 I'd ask the Senate to stand at ease for a few 10 moments. 11 ACTING PRESIDENT KUHL: The 12 Senate will stand at ease for a few moments. 13 SENATOR PADAVAN: I would like to 14 ask those Senators within the sound of our 15 voices to please join us here in the Senate so 16 we might proceed with the day's business. 17 ACTING PRESIDENT KUHL: The 18 acting floor leader has requested those Senators 19 who are not in the chamber, who have not been in 20 the chamber, to come to the chamber to join in 21 the minority who happens to be here so that we 22 can enact the business of the day. 23 (Whereupon, the Senate stood at 5160 1 ease. ) 2 SENATOR DeFRANCISCO: Mr. 3 President, on page 26, I offer the following 4 amendments to Calendar Number 998, Senate Print 5 8349. I request that the bill retain its place 6 on the Third Reading Calendar. 7 ACTING PRESIDENT KUHL: The 8 amendments are received and adopted. The bill 9 will retain its place on the Third Reading 10 Calendar. 11 SENATOR DeFRANCISCO: In 12 addition, on page number 15, I offer the 13 following amendments to Calendar Number 704, 14 Senate Print Number 4368, and also ask that it 15 retain its place on the Third Reading Calendar. 16 ACTING PRESIDENT KUHL: The 17 amendments are received and adopted and the bill 18 will retain its place on the Third Reading 19 Calendar. 20 Senator Padavan, we're ready to 21 do the calendar. 22 SENATOR PADAVAN: 23 Non-controversial, Mr. President. 5161 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the non-controversial 3 calendar. 4 THE SECRETARY: On page 5, 5 Calendar Number 215, by Senator Trunzo, Senate 6 Bill Number 3473-A, an act to amend the Public 7 Authorities Law. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 31. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 478, by Senator - 20 SENATOR PADAVAN: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 5162 1 613, by Senator Cook, Senate Bill Number 3202-B, 2 an act to amend the General City Law, the 3 General Municipal Law and the Real Property Law. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 31. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 615, by Senator Cook, Senate Bill Number 7215-A, 16 an act to amend the General City Law, the Town 17 Law and the Village Law. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5163 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 31. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 707, by Senator Holland, Senate Bill Number 7 6946, an act to amend the Social Services Law. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 31. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 728, by Senator Hannon, Senate Bill Number 7044, 20 an act to amend the Multiple Dwelling Law. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 Senator Leichter, this is 5164 1 Calendar Number 728. 2 SENATOR LEICHTER: Thank you. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 34. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1119, by Senator Stafford, Senate Bill Number 15 6497-A, an act to amend the Environmental 16 Conservation Law. 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 1164, by Senator Kuhl, Senate Bill Number 2068, 22 authorize the county of Yates to convey certain 23 lands. 5165 1 SENATOR PADAVAN: Lay it aside 2 for the day. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day. 5 THE SECRETARY: Calendar Number 6 1178, by Senator Pataki, Senate Bill Number 7 7128, an act to amend the Town Law. 8 ACTING PRESIDENT KUHL: There's a 9 home rule message at the desk. 10 SENATOR GOLD: Lay it aside for 11 Senator Leichter. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1180, by Senator Seward, Senate Bill Number 16 7737-A, an act to amend the Real Property Tax 17 Law. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5166 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 38. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 SENATOR GOODMAN: Mr. President, 6 would you please record me in the negative on 7 Calendar 728 which passed a moment ago, 728. 8 ACTING PRESIDENT KUHL: Without 9 objection, Senator Goodman will be recorded in 10 the negative so Calendar Number 728. 11 The Secretary will continue the 12 non-controversial calendar. 13 THE SECRETARY: Calendar Number 14 1191, by Senator Cook, Senate Bill Number 2549, 15 an act to amend the Education Law. 16 SENATOR GOLD: Lay it aside for 17 the day. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 1192, substituted earlier today, by member of 22 the Assembly Griffith, Assembly Bill Number 23 5396-A, authorize the city of New York to 5167 1 reconvey its interest in certain real property. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. There's a 4 home rule message at the desk. The Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 39. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1193, by Senator DeFrancisco, Senate Bill Number 16 4485-A. 17 SENATOR GOLD: Lay it aside, 18 please. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1194, by Senator Espada, Senate Bill Number 23 4646-A, authorizing the city of New York to 5168 1 reconvey its interest in certain real property. 2 ACTING PRESIDENT KUHL: There's a 3 home rule message at the desk. The Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 39. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1195, by Senator Larkin, Senate Bill Number 15 7497, an act to amend the Labor Law. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 40. 5169 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1196, by Senator Kuhl, Senate Bill Number 7699, 5 an act to amend the General Municipal Law. 6 ACTING PRESIDENT KUHL: There's a 7 home rule message at the desk. The Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 40. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1197, by Senator Cook, Senate Bill Number 7849. 19 SENATOR COOK: Lay it aside 20 temporarily. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 5170 1 1198, by Senator Farley, Senate Bill Number 2 7870, Education Law, in relation to state aid 3 for public libraries. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 40. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1199, by - 16 SENATOR GOLD: Lay it aside. 17 THE SECRETARY: Lay the bill 18 aside. 19 THE SECRETARY: Calendar Number 20 1200, by Senator DeFrancisco, Senate Bill Number 21 7887, authorizing the town of Camillus to 22 discontinue use as park lands. 23 ACTING PRESIDENT KUHL: There's a 5171 1 home rule message at the desk. The Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 40. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1201, by Senator Trunzo, Senate Bill Number 13 7921, authorizing the county of Suffolk to lease 14 certain park lands to the town of Brookhaven. 15 ACTING PRESIDENT KUHL: There's a 16 home rule message at the desk. The Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 40. 5172 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar 4 Number - 5 Senator Waldon. 6 SENATOR WALDON: Mr. President, 7 can I ask for an interruption, please? I was out 8 of the chamber when 1195 was voted upon. May I 9 please have unanimous consent to be recorded in 10 the negative? 11 ACTING PRESIDENT KUHL: Without 12 objection, Senator Waldon will be recorded in 13 the negative on Calendar Number 1195. 14 SENATOR WALDON: Thank you, Mr. 15 President. 16 ACTING PRESIDENT KUHL: The 17 Secretary will continue the non-controversial 18 calendar. 19 THE SECRETARY: Calendar Number 20 1202, by Senator Volker, Senate Bill Number 21 7951, Local Finance Law, in relation to the sale 22 of bonds and notes of the city of Buffalo. 23 ACTING PRESIDENT KUHL: There's a 5173 1 home rule message at the desk. The Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 40. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1204, by Senator Daly, Senate Bill Number 8061. 13 SENATOR DOLLINGER: Lay it aside, 14 please. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1205, by Senator Skelos. 19 SENATOR GOLD: Wait one second. 20 Mr. President - 21 ACTING PRESIDENT KUHL: Senator 22 Gold. 23 SENATOR GOLD: -- on 1204, 5174 1 Senator Daly, could I have a day on that, 2 please; 1204, could I have a day on that? 3 SENATOR DALY: Certainly. Lay it 4 aside for the day. 5 ACTING PRESIDENT KUHL: Lay 6 Calendar Number 1204 aside for the day. 7 THE SECRETARY: Calendar Number 8 1205, by Senator Skelos, Senate Bill Number 9 8108, to amend the Estates, Powers and Trusts 10 Law. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 41. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1207, by Senator Johnson, Senate Bill Number 23 8361, Suffolk County charter, in relation to 5175 1 jurisdiction of village courts. 2 SENATOR GOLD: 1206. 3 THE SECRETARY: Excuse me. 4 Calendar 1206. 5 SENATOR GOLD: Thank you. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 SENATOR GOLD: Lay it aside for 13 the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1207, by Senator Sears, Senate Bill Number 8448, 18 General Business Law, prohibiting the 19 manufacture or sale of crayons containing lead. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5176 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 42. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1208, by Senator DeFrancisco, Senate Bill Number 9 8472-A, Real Property Tax Law. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1209, by Senator Nozzolio, Senate Bill Number 15 8574, Agriculture and Markets Law. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 42. 5177 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Padavan, that completes 4 the non-controversial calendar. What's your 5 pleasure? 6 SENATOR PADAVAN: Controversial, 7 Mr. President. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the controversial calendar. 10 THE SECRETARY: On page 29, 11 Calendar Number 1119, by Senator Stafford, 12 Senate Bill Number 6497-A, Environmental 13 Conservation Law. 14 SENATOR GOLD: Hold on one 15 second. 16 Last section. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 5178 1 THE SECRETARY: Ayes 42. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: On page 30, 5 Calendar Number 1178, by Senator Pataki, Senate 6 Bill Number 7128, an act to amend the Town - 7 SENATOR PADAVAN: Lay it aside 8 for the day. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 1191, by Senator Cook. 13 SENATOR COOK: Lay that aside for 14 the day, would you please? 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 1193, by Senator DeFrancisco, Senate Bill Number 19 4485-A, authorizing the city of Syracuse to 20 replace residential water service. 21 SENATOR GOLD: Hold on one 22 second. 23 Last section. 5179 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 43. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1197, by Senator Cook - 13 SENATOR PADAVAN: Lay that aside 14 temporarily, please. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside temporarily. 17 THE SECRETARY: Calendar Number 18 1199, by Senator Tully, Senate Bill Number 7882, 19 an act to amend the Executive Law. 20 SENATOR COOK: Mr. President. 21 SENATOR PADAVAN: Lay it aside 22 for the day -- temporarily and possibly for the 23 day. We'll decide a little later. 5180 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside temporarily. 3 SENATOR PADAVAN: Calendar 1197, 4 Mr. President. 5 ACTING PRESIDENT KUHL: The 6 calendar -- the Secretary will read Calendar 7 Number 1197. 8 THE SECRETARY: Calendar Number 9 1197, by Senator Cook, Senate Bill Number 7849, 10 transfer retirement plans for certain police 11 department employees in the town of Ulster. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. There's a 14 home rule message at the desk. The Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 43. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 5181 1 THE SECRETARY: Calendar Number 2 1206, by Senator Johnson, Senate Bill Number 3 8361, to amend the Suffolk County charter, in 4 relation to jurisdiction of village courts. 5 SENATOR GOLD: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Johnson, an explanation has been asked for by 8 Senator Gold. 9 SENATOR JOHNSON: Mr. President, 10 this bill just seeks to clarify the rights which 11 have always been exercised by the village courts 12 in western Suffolk, namely that of trying 13 misdemeanors and without this, if these cases 14 have to be referred to the district court, would 15 cost our villages -- just one village alone 16 $300,000 plus $100,000 loss in fees. 17 All we're saying here is that 18 potential challenge for this authority we've 19 always had by -- the Legal Aid Society wrote a 20 letter and said we don't have the authority to 21 do this. Well, they've always had it, so this 22 bill clarifies that they've had the authority to 23 do this in the past and they will be able to 5182 1 continue to do that in the future. Yes. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Galiber. 4 SENATOR GALIBER: Yes. Just a 5 couple questions. Those persons in that 6 jurisdiction, they are judges, aren't they? 7 SENATOR JOHNSON: They're village 8 justices. They're all lawyers, though. Too 9 bad. Yeah, we lost the JPs. They have more 10 common sense. 11 SENATOR GALIBER: What about 12 other jurisdictions, are they village justices 13 also, the other jurisdictions? 14 SENATOR JOHNSON: The -- district 15 court is district court. 16 SENATOR GALIBER: Let me ask you 17 one other question. Why was Legal Aid 18 challenging based on your particular question or 19 whether -- the question before. 20 SENATOR JOHNSON: It was their 21 interpretation. 22 SENATOR GALIBER: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 5183 1 Galiber. 2 SENATOR GALIBER: The Senator 3 yield for a question? 4 ACTING PRESIDENT KUHL: Senator 5 Johnson, do you yield to Senator Galiber? 6 SENATOR JOHNSON: Yes, I do. 7 ACTING PRESIDENT KUHL: Senator 8 Johnson yields, Senator Galiber. 9 SENATOR JOHNSON: The answer to 10 your question - 11 SENATOR GALIBER: I haven't asked 12 it. 13 SENATOR JOHNSON: You said why 14 would I challenge. 15 ACTING PRESIDENT KUHL: Senator 16 Johnson, please let Senator Galiber ask the 17 question first. 18 SENATOR GALIBER: We'll start out 19 with this. Why were they challenged? Obviously, 20 they were challenged. Were they challenging 21 them based on a jurisdictional issue or were 22 they challenging them on the question of the 23 town justices perhaps not qualified to try mis 5184 1 demeanor cases? 2 SENATOR JOHNSON: Number one, 3 they read the Suffolk charter and thought the 4 Suffolk charter took this power away from the 5 village courts. Number two, they had no problem 6 with the quality of the justices. 7 SENATOR GALIBER: They had what? 8 SENATOR JOHNSON: No problem with 9 the quality of the justices sitting in the case. 10 SENATOR GALIBER: In this 11 interim, how are these justices appointed? 12 SENATOR JOHNSON: They're elected 13 in the villages. 14 SENATOR GALIBER: They're 15 elected? 16 SENATOR JOHNSON: Yes. 17 SENATOR GALIBER: Thank you, 18 Senator. 19 ACTING PRESIDENT KUHL: Any other 20 Senator wishing to speak on this bill? 21 (There was no response. ) 22 If not, the Secretary will read 23 the last section. 5185 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1208, by Senator DeFrancisco, Senate Bill Number 11 8472-A, an act to amend the Real Property Tax 12 Law. 13 SENATOR DOLLINGER: Could we just 14 have an explanation, Mr. President? 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco, an explanation has been asked for. 17 SENATOR DeFRANCISCO: Last year 18 this body unanimously passed a bill which would 19 provide to veterans an exemption that would be 20 equivalent to the exemption they had prior to a 21 jurisdiction going to full value reassessment. 22 For example, if the property was valued at 23 $20,000 and the veteran had a $5,000 exemption, 5186 1 they would have a 25 percent exemption. 2 Jurisdictions going to full value may result in 3 that home being $100,000 which dilutes the 4 veteran exemption to a 5 percent exemption. 5 The Assembly passed the same bill 6 that we drafted in this house last year and, 7 unfortunately, the Governor vetoed it, claiming 8 that there were some technical defects. We have 9 been meeting with the Governor's office and, 10 fortunately, the Governor and both the Assembly 11 and this house have agreed as to the language 12 and that is this bill which accomplishes that 13 purpose. 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President, if the sponsor would just yield for a 18 question. 19 ACTING PRESIDENT KUHL: Senator 20 DeFrancisco, do you yield? 21 SENATOR DeFRANCISCO: Yes. 22 ACTING PRESIDENT KUHL: Senator 23 DeFrancisco yields. 5187 1 SENATOR DOLLINGER: First of all, 2 I want to commend Senator DeFrancisco as well as 3 Senator DiCarlo for the work on this bill 4 because this is a critical issue in the 5 community which I happen to represent which is 6 going through the process of revaluation, and I 7 appreciate the diligence in seeing this through 8 to a conclusion, but the way the bill works, it 9 allows the communities to proportionally 10 increase the eligible funds exemption? 11 SENATOR DeFRANCISCO: Correct. 12 SENATOR DOLLINGER: Does it also 13 allow the veterans who have converted to the 14 alternate form of valuation to convert back to 15 an eligible funds exemption and then get the 16 benefit of that increase in service? 17 SENATOR DeFRANCISCO: That's 18 correct. 19 SENATOR DOLLINGER: Mr. 20 President, I think this is a good bill. I 21 appreciate, as I said a moment ago, the work of 22 Senator DeFrancisco and Senator DiCarlo in 23 seeing this through to a conclusion. 5188 1 I point out that in the town of 2 Brighton which I represent, we had a meeting on 3 this back in January. We had about 900 veterans 4 come out to a meeting that dealt with this issue 5 in which the question of preservation of the 6 eligible funds exemption and the importance to 7 that, especially in a community like ours which 8 hasn't been reassessed in 50 years, where the 9 actual assessed valuation in many cases was less 10 than 10,000, the $5,000 eligible funds exemption 11 was extremely valuable to the veterans. It was 12 an extreme consternation, and I appreciate 13 seeing this through. It's my hope that the 14 Governor will sign this bill into law and that 15 this problem will be resolved. 16 Just one final question as I 17 think. What is the effective date of the 18 statute, Senator; again, if the Senator would 19 yield? 20 ACTING PRESIDENT KUHL: Senator 21 DeFrancisco, do you yield to a question? 22 SENATOR DeFRANCISCO: Take effect 23 on the 120th day after it shall have become a 5189 1 law. 2 SENATOR DOLLINGER: Okay. And 3 again, my understanding is it won't affect the 4 school taxes. This is only for municipal 5 taxes? 6 SENATOR DeFRANCISCO: That's 7 correct. 8 SENATOR DOLLINGER: So it would 9 only -- it would affect the tax of -- the town 10 and county taxes that are levied in January, not 11 in September? 12 SENATOR DeFRANCISCO: Exactly. 13 SENATOR DOLLINGER: Thank you 14 very much, Mr. President. 15 ACTING PRESIDENT KUHL: Any other 16 Senator wishing to speak on this bill? 17 (There was no response. ) 18 Hearing none, the Secretary will 19 read -- Senator DeFrancisco. 20 SENATOR DeFRANCISCO: I would 21 just like to emphasize something that Senator 22 Dollinger said. We've had similar meetings in 23 the town of Camillus and I know Geddes is going 5190 1 to full value reassessment. The city is talking 2 about revaluing their properties, and this is an 3 extremely important exemption, and what's 4 important also is that it allows the local 5 communities to provide this relief. It's still 6 a local option, and the community will have to 7 adopt it which I'm sure each local community 8 will. 9 Thank you. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 SENATOR PADAVAN: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Padavan. 23 SENATOR PADAVAN: There's a 5191 1 resolution at the desk sponsored by Senator 2 Tully. Will you move that resolution, please? 3 ACTING PRESIDENT KUHL: Ask the 4 Secretary to read the resolution at the desk. 5 THE SECRETARY: Legislative 6 Resolution, by Senator Tully, commending William 7 Mill for his 50 years of dedicated and dis 8 tinguished service to the community of New Hyde 9 Park, New York. 10 ACTING PRESIDENT KUHL: The 11 question is on the resolution. All those in 12 favor signify by saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response. ) 16 The resolution is adopted. 17 Senator Padavan. 18 SENATOR PADAVAN: I believe 19 there's some amendments. 20 ACTING PRESIDENT KUHL: We'll 21 return to motions and resolutions. 22 Senator Wright. 23 SENATOR WRIGHT: Mr. President, I 5192 1 move to recommit Senate Print Number 6876, 2 Calendar Number 930, on the order of third 3 reading to the Committee on Finance with 4 instructions to said committee to strike out the 5 enacting clause, on behalf of Senator Goodman. 6 ACTING PRESIDENT KUHL: The 7 Senate bill will be recommitted and the enacting 8 clause will be stricken. 9 SENATOR PADAVAN: Return to 10 Calendar Number 1199, please. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read Calendar Number 1199. 13 THE SECRETARY: Calendar Number 14 1199, by Senator Tully, Senate Bill Number 7882, 15 an act to amend the Executive Law, in relation 16 to creation of a Long Island Sound Coastal 17 Advisory Commission. 18 SENATOR GOLD: Can you hold up a 19 second? 20 Last section. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 5193 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Padavan, that completes 9 the controversial calendar. 10 SENATOR PADAVAN: Mr. President, 11 I'll offer a moment to see if there are any 12 other amendments which I believe there are. 13 ACTING PRESIDENT KUHL: Return to 14 motions and resolutions. 15 Senator DiCarlo. 16 SENATOR DiCARLO: Mr. President, 17 on page 25, I offer the following amendments to 18 Calendar 993, Senate Print Number 5407-C, and 19 ask that said bill retain its place on the Third 20 Reading Calendar. 21 ACTING PRESIDENT KUHL: The 22 amendments are received and adopted. The bill 23 will retain its place on the Third Reading 5194 1 Calendar. 2 SENATOR DiCARLO: On behalf of 3 Senator Daly, on page 25, I offer the following 4 amendments to Calendar 994, Senate Print 5533-A, 5 and ask that said bill retain its place on the 6 Third Reading Calendar. 7 ACTING PRESIDENT KUHL: The 8 amendments are received and adopted and the bill 9 will retain its place on the Third Reading 10 Calendar. 11 Senator Padavan. 12 SENATOR PADAVAN: Before making a 13 motion to adjourn, Mr. President, I would remind 14 the members that our schedule indicates five 15 full days of legislation next week and, 16 therefore, we would urge everyone to act 17 accordingly. 18 SENATOR GOLD: That's - 19 SENATOR PADAVAN: Five full days, 20 Monday through Friday. 21 SENATOR GOLD: I would like - 22 ACTING PRESIDENT KUHL: Senator 23 Gold. 5195 1 SENATOR GOLD: I want to amend 2 what's just been said. I think the schedule 3 says the last five days, the last five days. 4 SENATOR PADAVAN: Your mouth to 5 God's ears, Senator Gold. 6 SENATOR GOLD: "Emanuel" - 7 SENATOR PADAVAN: Mr. President. 8 SENATOR GOLD: -- means God's 9 with us, but it doesn't always work, Senator. 10 SENATOR PADAVAN: Mr. President, 11 there being no further business, I move that we 12 adjourn until Monday, June 20th, at 3:00 p.m., 13 intervening days to be legislative days. 14 ACTING PRESIDENT KUHL: Without 15 objection, the motion is adopted. The Senate 16 stands adjourned until Monday at 3:00 p.m.. 17 (Whereupon at 12:16 p.m., the 18 Senate adjourned. ) 19 20 21 22 23