Monday, June 20, 1994

5202 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 June 20, 1994 12 4:02 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 20 21 SENATOR JOHN R. KUHL, JR., Acting President 22 STEPHEN F. SLOAN, Secretary 23 5203 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Members will find their 4 places. 5 We ask our guests to rise and 6 join us in saying the Pledge of Allegiance to 7 the Flag. 8 (Whereupon, the Senate joined in 9 the Pledge of Allegiance to the Flag.) 10 We're very pleased to be joined 11 by the Rabbi Lester Bronstein of the Bet Am 12 Shalom Synagogue from White Plains. 13 Rabbi Bronstein. 14 RABBI LESTER BENJAMIN BRONSTEIN: 15 From the Mishnah, the ancient book of Jewish 16 law: Every controversy that is for the sake of 17 heaven will in the end prove fruitful. Every 18 controversy not for the sake of heaven will in 19 the end not prove fruitful. 20 Prayer. Holy One of Blessing, 21 You created us in Your image, one humanity in 22 many manifestations. You gave us one purpose 23 and many different minds, and so we disagree as 5204 1 to how to achieve Your purpose. Teach us to 2 pursue our controversies not for the sake of 3 victory but for the sake of Your great name. 4 Remind us of Your gift to us, our 5 ability to make a difference in the lives of our 6 fellow human beings. Teach us to argue for 7 their sake, to debate for their greater good. 8 Show us the sacred sparks in every mundane act 9 of legislation, of debate, of caucus and 10 compromise. Encourage us to see each 11 frustrating day of bills and budgeting as a way 12 of doing Your holy work, the healing of the 13 sick, the housing the homeless, teaching the 14 young, comforting the needy, creating a just and 15 a prosperous society. 16 Renew us each Senate working day 17 with the thought that we can bring Your light 18 and hope to darkened lives; and remind us that 19 while politics is not religion it is at its best 20 what religion is also most about, the myriad 21 tiny acts of compassion and redemption. 22 Let us hear in each other's 23 varied voices the spectrum of Your one great 5205 1 voice. May our controversy indeed be for the 2 sake of heaven and may it bear choice fruit. 3 May You bless the work of our 4 hands, O God; indeed, may the work of our hands 5 be blessed. 6 Amen. 7 ACTING PRESIDENT KUHL: Reading 8 of the Journal. 9 THE SECRETARY: In Senate, 10 Saturday, June 18. The Senate met pursuant to 11 adjournment. Senator Farley in the chair upon 12 designation of the Temporary President. The 13 Journal of Friday, June 17, was read and 14 approved. On motion, Senate adjourned. 15 ACTING PRESIDENT KUHL: Hearing 16 no objection, the Journal stands approved as 17 read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Reports of standing committees. 22 Secretary will read. 23 THE SECRETARY: Senator Marino 5206 1 from the Committee on Rules reports the 2 following bills directly for third reading: 3 Senate Bill Number 1012F, by 4 Senator Holland, an act to amend the Agriculture 5 and Markets Law. 6 2428A, by Senator Tully, an act 7 to amend the General Municipal Law. 8 2430A, by Senator Tully, an act 9 to amend the Retirement and Social Security Law. 10 4141A, by Senator Kuhl, New York 11 State and Local Employees Retirement System. 12 4966, by Senator Cook, an act to 13 amend the Education Law. 14 5701A, by the Committee on Rules, 15 certain police disability retirement benefits. 16 5738A, by Senator Spano, an act 17 to amend the Vehicle and Traffic Law. 18 6394A, by Senator DeFrancisco, an 19 act to amend the Family Court Act. 20 6496A, by Senator Stafford, 21 Environmental Conservation Law. 22 6594, by Senator Volker, an act 23 to amend the Vehicle and Traffic Law. 5207 1 6618, by Senator Waldon, New York 2 City convey its interest in certain real 3 property. 4 6626, by Senator Gold, an act to 5 amend the Education Law. 6 6641B, by Senator Stavisky, City 7 of New York to reconvey its interest in certain 8 real property. 9 6855, by Senator Nozzolio, an act 10 to amend the Civil Service Law. 11 6980, by Senator LaValle, 12 Volunteer Fire Fighters Benefit Law. 13 7040, by Senator Libous, Mental 14 Hygiene Law. 15 7073, by Senator Holland, an act 16 to amend the Social Services Law. 17 7136, by Senator Holland, a Tax 18 Law and a Chapter 491 of the Laws of 1993. 19 7221, by Senator Velella, City of 20 New York to reconvey its interest in certain 21 real property. 22 7531, by Senator Wright, an act 23 to amend the Mental Hygiene Law. 5208 1 7667, by Senator Cook, membership 2 of certain police officers. 3 7677, by Senator Lack, an act to 4 amend the Real Property Law. 5 7894, by Senator Larkin, an act 6 to amend the Navigation Law. 7 7912, by Senator Cook, certain 8 findings and determinations with respect to 9 certain bond anticipation renewal notes. 10 7922, by Senator Velella, City of 11 New York to reconvey its interest in certain 12 real property. 13 7928, by Senator Tully, Social 14 Services Law. 15 8022B, by Senator Larkin, 16 authorize Michael J. Carroll to transfer 17 optional 20-year retirement plan. 18 8193, by Senator Lack, an act to 19 amend the Tax Law. 20 8261A, by Senator Daly, Social 21 Services Law. 22 8266, by Senator Daly, Social 23 Services Law. 5209 1 8389, by Senator Goodman, General 2 City Law. 3 8441, by Senator Saland, Family 4 Court Act. 5 8449A, by Senator Skelos, an act 6 to amend the State Finance Law. 7 8460, by Senator Kuhl, in 8 relation to membership in the State Police 20 9 year retirement. 10 8470, by Senator Marchi, 11 Abandoned Property Law. 12 8514, by Senator Cook, 13 eligibility for optional 20-year retirement for 14 certain police officers. 15 8530, by Senator Hannon, an act 16 to amend the Insurance Law and the Vehicle and 17 Traffic Law. 18 8571, by Senator Wright, Public 19 Authorities Law. 20 8575, by Senator Nozzolio, an act 21 to amend the Tax Law. 22 8578, by Senator Daly, 23 Commissioner of General Services to convey an 5210 1 easement through certain state lands. 2 8583, by Senator Johnson, 3 Military Law. 4 8586, by Senator Kuhl, authorize 5 the city of Elmira to sell certain lands. 6 8587, by Senator Kuhl, city of 7 Elmira to sell certain lands. 8 8588, by Senator Farley, an act 9 to amend the Public Housing Law. 10 8592, by Senator Wright, amend 11 Chapter 533 of the Laws of 1993. 12 8604, by Senator Rath, an act to 13 amend the Executive Law. 14 And 8616, by Senator Nozzolio, 15 county of Cayuga to convey certain easements. 16 All bills reported directly for 17 third reading. 18 ACTING PRESIDENT KUHL: All bills 19 reported directly to third reading. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 5211 1 Senator Holland. 2 SENATOR HOLLAND: Mr. President. 3 On page 17, I offer the following amendments to 4 Calendar Number 802, Senate Print Number 6501A, 5 my bill, and ask that said bill retain its place 6 on the Third Reading Calendar. 7 ACTING PRESIDENT KUHL: 8 Amendments are received and adopted. 9 SENATOR HOLLAND: Mr. President. 10 I wish to call up Senator Daly's bill, Print 11 Number 1098, recalled from the Assembly, which 12 is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read. 15 THE SECRETARY: By Senator Daly, 16 Senate Bill Number 1098, an act to amend the 17 Environmental Conservation Law. 18 SENATOR HOLLAND: Mr. President. 19 I now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT KUHL: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 5212 1 reconsideration.) 2 THE SECRETARY: Ayes 40. 3 ACTING PRESIDENT KUHL: The bill 4 is before the house. 5 SENATOR HOLLAND: Mr. President. 6 I now offer the following amendments. 7 ACTING PRESIDENT KUHL: 8 Amendments are received and adopted. 9 Senator Daly. 10 SENATOR DALY: Mr. President. I 11 wish to call up my bill, Number 1093-A, recalled 12 from the Assembly, which is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read. 15 THE SECRETARY: By Senator Daly, 16 Senate Bill Number 1093A, Environmental 17 Conservation Law. 18 SENATOR DALY: Mr. President. I 19 now move to reconsider the vote by which the 20 bill was passed. 21 ACTING PRESIDENT KUHL: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 5213 1 reconsideration.) 2 THE SECRETARY: Ayes 40. 3 ACTING PRESIDENT KUHL: The bill 4 is before the house. 5 Senator Daly. 6 SENATOR DALY: Mr. President. I 7 now offer the following amendments. 8 ACTING PRESIDENT KUHL: 9 Amendments are received and adopted. 10 Senator Spano. 11 SENATOR SPANO: Mr. President. 12 On behalf of Senator Velella, on page 33, I 13 offer the following amendments to Calendar 472, 14 Senate Print 6859A, ask the bill retain its 15 place on the Third Reading Calendar and also 16 remove the star. 17 ACTING PRESIDENT KUHL: 18 Amendments received and adopted. Bill will 19 retain its place on the Third Reading Calendar 20 and the star is removed. 21 Senator Spano. 22 SENATOR SPANO: On behalf of 23 Senator Cook, on page 29, I offer the following 5214 1 amendments to Calendar 1191, Senate Print 2549, 2 and ask that the bill retain its place on the 3 Third Reading Calendar. 4 ACTING PRESIDENT KUHL: 5 Amendments are received and adopted. The bill 6 will retain its place on the Third Reading 7 Calendar. 8 SENATOR SPANO: On behalf of 9 Senator Levy, on page 33 of the starred 10 calendar, I offer the following amendments to 11 Calendar 432, Senate Print 79B, ask that the 12 bill retain its place on the Third Reading 13 Calendar and removed the star. 14 ACTING PRESIDENT KUHL: 15 Amendments are received and adopted. Bill will 16 retain its place on the Third Reading Calendar 17 and the star is removed. 18 SENATOR SPANO: On behalf of 19 Senator Levy, on the starred calendar page 34, I 20 offer the following amendments to Calendar 538 21 Senate Print 7431, and ask the bill retain its 22 place on the Third Reading Calendar. 23 ACTING PRESIDENT KUHL: 5215 1 Amendments are received and adopted. The bill 2 will retain its place on the Third Reading 3 Calendar. 4 SENATOR SPANO: On behalf of 5 Senator Skelos, on page 36, I offer the 6 following amendments to Calendar 771, Senate 7 Print 7797A, ask the bill retain its place on 8 the Third Reading Calendar. 9 ACTING PRESIDENT KUHL: 10 Amendments are received and adopted. The bill 11 will retain its place on the Third Reading 12 Calendar. 13 SENATOR SPANO: Mr. President. I 14 wish to call up Senator DeFrancisco's bill 15 6580A, recalled from the Assembly, which is now 16 at the desk. 17 ACTING PRESIDENT KUHL: Secretary 18 will read. 19 THE SECRETARY: By Senator 20 DeFrancisco, Senate Bill Number 6580A, an act to 21 amend the Penal Law. 22 ACTING PRESIDENT KUHL: Senator 23 Spano. 5216 1 SENATOR SPANO: Move to 2 reconsider the vote by which the bill was 3 passed. 4 ACTING PRESIDENT KUHL: The 5 Secretary will call the roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration.) 8 THE SECRETARY: Ayes 40. 9 ACTING PRESIDENT KUHL: The bill 10 is before the house. 11 SENATOR SPANO: I offer the 12 following amendments. 13 ACTING PRESIDENT KUHL: 14 Amendments are received and adopted. 15 Senator Spano. 16 SENATOR SPANO: On behalf of 17 Senator Stafford, I wish to call up his bill 18 7023, recalled from the Assembly, which is now 19 at the desk. 20 ACTING PRESIDENT KUHL: Secretary 21 will read. 22 THE SECRETARY: By Senator 23 Stafford, Senate Bill Number 7023, authorizing 5217 1 the Town of Waverly, County of Franklin to 2 discontinue the use and transfer of certain park 3 lands. 4 ACTING PRESIDENT KUHL: Senator 5 Spano. 6 SENATOR SPANO: Move to 7 reconsider the vote by which the bill was 8 passed. 9 ACTING PRESIDENT KUHL: The 10 Secretary will call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT KUHL: The bill 15 is before the house. 16 SENATOR SPANO: I offer the 17 following amendments. 18 ACTING PRESIDENT KUHL: 19 Amendments are received and adopted. 20 SENATOR SPANO: On behalf of 21 Senator Seward, I wish to call up his bill, 22 7410, recalled from the Assembly, which is now 23 at the desk. 5218 1 ACTING PRESIDENT KUHL: Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Seward, Senate Bill Number 7410, authorizing the 5 State University to lease certain lands. 6 SENATOR SPANO: Move to 7 reconsider the vote by which the bill was 8 passed. 9 ACTING PRESIDENT KUHL: The 10 Secretary will call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT KUHL: The bill 15 is before the house. 16 SENATOR SPANO: Offer the 17 following amendments. 18 ACTING PRESIDENT KUHL: 19 Amendments are received and adopted. 20 SENATOR SPANO: On behalf of 21 Senator Levy I wish to call up his bill, 193C, 22 recalled from the Assembly, which is now at the 23 desk. 5219 1 ACTING PRESIDENT KUHL: Secretary 2 will read. 3 THE SECRETARY: By Senator Levy, 4 Senate Bill Number 193C, an act to amend the 5 Public Authorities Law and the Railroad Law. 6 SENATOR SPANO: Move to 7 reconsider the vote by which the bill was 8 passed. 9 ACTING PRESIDENT KUHL: The 10 Secretary will call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT KUHL: The bill 15 is before the house. 16 SENATOR SPANO: Offer the 17 following amendments. 18 ACTING PRESIDENT KUHL: 19 Amendments are received and adopted. 20 SENATOR SPANO: On behalf of 21 Senator Johnson, please removed the sponsor star 22 on Calendar Number 381. 23 ACTING PRESIDENT KUHL: Sponsor 5220 1 star is removed on Calendar Number 381. 2 SENATOR SPANO: On behalf of 3 Senator Velella, please remove the sponsor star 4 on Calendar 1181. 5 ACTING PRESIDENT KUHL: Sponsor 6 star is removed on Calendar Number 1181. 7 SENATOR SPANO: On behalf of 8 Senator Levy remove the sponsor star on Calendar 9 607. 10 ACTING PRESIDENT KUHL: Sponsor 11 star is removed on Calendar Number 607. 12 SENATOR SPANO: Do I get extra 13 stipend for this? 14 On behalf of Senator Skelos, 15 remove the star from Calendar 771, Senate 7797A. 16 ACTING PRESIDENT KUHL: Star is 17 removed from Calendar 771. 18 SENATOR SPANO: I wish to call up 19 Assembly Print 825, which is now at the desk. 20 ACTING PRESIDENT KUHL: Secretary 21 will read. 22 THE SECRETARY: Assembly Bill 23 Number 825, an act to amend the Insurance Law, 5221 1 in relation to notice of availability of 2 uninsured motorist coverage. 3 SENATOR SPANO: Move to 4 reconsider the vote by which the bill is passed. 5 ACTING PRESIDENT KUHL: The 6 Secretary will call the roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration.) 9 THE SECRETARY: Ayes 42. 10 ACTING PRESIDENT KUHL: The bill 11 is before the house. 12 Senator Spano. 13 SENATOR SPANO: I move to 14 reconsider the vote by which this Assembly bill 15 was substituted for Senator Levy's bill, Senate 16 Print 325, on April 26. 17 ACTING PRESIDENT KUHL: Without 18 objection. 19 SENATOR SPANO: I now move that 20 the Assembly Bill, 825, be recommitted to the 21 Committee on Rules and that Senator Levy's bill 22 be restored to the order of Third Reading 23 Calendar. 5222 1 ACTING PRESIDENT KUHL: The 2 Assembly bill will be recommitted; the Senate 3 bill is restored to Third Reading Calendar. 4 Senator Spano. 5 Senator Saland. 6 SENATOR SALAND: Mr. President. 7 I'd like to place a sponsor star on Calendar 8 478, Senate 5881B. 9 ACTING PRESIDENT KUHL: Sponsor 10 star will be placed on Calendar Number 478. 11 Senator Present, we have some 12 substitutions at the desk. Should we read 13 those? 14 SENATOR PRESENT: Yes. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the substitutions. 17 THE SECRETARY: On page 4 of 18 today's calendar, Senator Bruno moves to 19 discharge the Committee on Rules from Assembly 20 Bill Number 9007C, and substitute it for the 21 identical Third Reading Number 40. 22 On page 8, Senator Wright moves 23 to discharge the Committee on Rules from 5223 1 Assembly Bill Number 9722C, and substitute it 2 for the identical Third Reading 438. 3 On page 13, Senator Seward moves 4 to discharge the Committee on Rules from 5 Assembly Bill Number 7625A and substitute it for 6 the identical Third Reading 681. 7 On page 16, Senator Skelos moves 8 to discharge the Committee on Rules from 9 Assembly Bill Number 3315B and substitute it for 10 the identical Third Reading 767. 11 Also on page 16, Senator Trunzo 12 moves to discharge the Committee on Rules from 13 Assembly Bill Number 11679A and substitute it 14 for the identical Third Reading 741. 15 On page 25, Senator Holland moves 16 to discharge the Committee on Rules from 17 Assembly Bill Number 10839 and substitute it for 18 the identical Third Reading 996. 19 On page 34, Senator Farley moves 20 to discharge the Committee on Rules from 21 Assembly Bill Number 9046 and substitute it for 22 the identical Third Reading 479. 23 ACTING PRESIDENT KUHL: All 5224 1 substitutions are ordered. 2 Senator Present, that brings us 3 to the calendar. 4 SENATOR PRESENT: Mr. President. 5 I think Senator Stafford has a privileged 6 resolution. Can we have its title read and 7 acted upon? 8 ACTING PRESIDENT KUHL: Secretary 9 will read the title of the privileged 10 resolution. 11 THE SECRETARY: Legislative 12 Resolution, by Senator Stafford, memorializing 13 the Honorable Mario M. Cuomo to proclaim June 14 25, 1994, as the Comet Day in New York State. 15 ACTING PRESIDENT KUHL: The 16 question is on the resolution. All those in 17 favor, signify by saying aye. 18 (Response of "Aye.") 19 Those opposed, nay. 20 (There was no response.) 21 The resolution is adopted. 22 Senator Present. 23 SENATOR PRESENT: Can we take up 5225 1 the noncontroversial calendar, please. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the noncontroversial Calendar. 4 THE SECRETARY: On page 4, 5 substituted earlier today, Calendar Number 40, 6 by Member of the Assembly D'Andrea, Assembly 7 Bill Number 9007C, an act to amend the Highway 8 Law, in relation to designating a portion of the 9 State Highway System as the C.V. Whitney 10 Memorial Highway. 11 ACTING PRESIDENT KUHL: Read the 12 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 42. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 346, by Senator Lack, Senate Bill Number 6680B, 23 an act to amend the Civil Service Law and the 5226 1 Education Law. 2 ACTING PRESIDENT KUHL: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 42. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 359, by Senator Wright, Senate Bill Number 14 6861B, authorize the city of Ogdensburg School 15 District to finance the projected accumulated 16 deficit. 17 ACTING PRESIDENT KUHL: Read the 18 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.) 5227 1 THE SECRETARY: Ayes 42. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 426, by Member of the Assembly Weinstein, 6 Assembly Bill Number 4537A. 7 SENATOR PRESENT: Lay it aside 8 for the day. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 429, by Senator Skelos. 13 SENATOR SKELOS: Lay it aside for 14 the day. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 434, by Senator Levy, Senate Bill Number 190. 19 SENATOR PRESENT: Lay it aside 20 for the day. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 5228 1 488, by Senator Sears, Senate Bill Number 6805A, 2 an act to amend the Highway Law. 3 ACTING PRESIDENT KUHL: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 43. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 600, by Senator Skelos, Senate Bill Number 7412, 15 an act to amend the Insurance Law. 16 SENATOR SKELOS: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 701, by Senator Holland, Senate Bill Number 21 1806B, to provide for payment to providers. 22 SENATOR STACHOWSKI: Lay it 23 aside. 5229 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 732, by the Assembly Committee on Rules, 5 Assembly Bill Number 11340, an act to amend the 6 Banking Law. 7 ACTING PRESIDENT KUHL: 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 44. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 737, by Senator Farley, Senate Bill Number 6757, 19 an act to amend the Retirement and Social 20 Security Law. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 5230 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 843, by Senator Goodman, Senate Bill Number 10 1520A, an act to amend the Tax Law. 11 ACTING PRESIDENT KUHL: There's a 12 local fiscal impact note at the desk. 13 Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 45. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5231 1 895, by Senator Skelos, Senate Bill Number 2 7129B, an act to amend the Economic Development 3 Law. 4 ACTING PRESIDENT KUHL: 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 45. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 942, by Senator Johnson, Senate Bill Number 16 7404B, an act to amend the Environmental 17 Conservation Law. 18 ACTING PRESIDENT KUHL: Secretary 19 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. 5232 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 45. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 983, by Senator Libous, Senate Bill Number 7 7182B, an act to amend the Highway Law. 8 ACTING PRESIDENT KUHL: Secretary 9 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 45. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1016, by Senator Velella, Senate Bill Number 20 7486A, an act to amend the Vehicle and Traffic 21 Law. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 5233 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 46. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1017, by Senator Velella, Senate Bill Number 11 7487, an act to amend the Vehicle and Traffic 12 Law. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 46. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5234 1 1038, by Senator Libous, Senate Bill Number 2 8362A, an act to amend the Mental Hygiene Law. 3 ACTING PRESIDENT KUHL: 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 46. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1103, by Senator Present, Senate Bill Number 15 7638A, authorize the City of Jamestown, County 16 of Chautauqua, to discontinue the use of certain 17 lands. 18 ACTING PRESIDENT KUHL: There is 19 a home rule message at the desk. 20 Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5235 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 47. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1137, by Senator Cook, Senate Bill Number 8524, 9 authorize the Town of Andes, County of Delaware, 10 to transfer certain funds. 11 ACTING PRESIDENT KUHL: There is 12 a home rule message at the desk. 13 Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 47. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5236 1 1164, by Senator Kuhl, Senate Bill Number 2068, 2 authorize the County of Yates to convey certain 3 lands. 4 SENATOR STACHOWSKI: Lay it 5 aside. 6 ACTING PRESIDENT KUHL: There's a 7 home rule message at the desk. Lay the bill 8 aside. 9 THE SECRETARY: Calendar Number 10 1178, by Senator Pataki, Senate Bill Number 11 7128, an act to amend the Town Law. 12 ACTING PRESIDENT KUHL: There's a 13 home rule message at the desk. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 1186, by Senator Libous, Senate Bill Number 20 7975, an act to amend the Tax Law and the Social 21 Services Law. 22 SENATOR STACHOWSKI: Lay it 23 aside, please. 5237 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar number 4 1189, by Senator Tully, Senate Bill Number 5 8180A, authorize the Village of Westbury to 6 discontinue the use of certain parklands. 7 SENATOR STACHOWSKI: Lay it 8 aside. 9 ACTING PRESIDENT KUHL: There's a 10 home rule message at the desk. Lay the bill 11 aside. 12 THE SECRETARY: Calendar Number 13 1204, by Senator Daly, Senate Bill Number 8061, 14 an act to amend the Monroe County Tax Act. 15 SENATOR DOLLINGER: Lay it aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 Senator Present, that completes 19 noncontroversial. What is your pleasure? 20 SENATOR PRESENT: Take up the 21 controversial, unless you have substitutions. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the controversial calendar. 5238 1 THE SECRETARY: On page 14, 2 Calendar Number 701, by Senator Holland, Senate 3 Bill Number 1806B, provide for payment to 4 providers for certain claims submitted under the 5 Medical Assistant Program. 6 SENATOR STACHOWSKI: Explanation. 7 ACTING PRESIDENT KUHL: Senator 8 Holland, Senator Stachowski has asked for an 9 explanation, sir. 10 SENATOR HOLLAND: Yes, in 1991, 11 Mr. President, the Governor and I guess with the 12 assistance of the Legislature implemented a two 13 week lag payment for all Medicaid providers. In 14 1992, this house and the Assembly passed a bill 15 together which was vetoed by the Governor. We 16 are again bringing the bill up. It simply says 17 that the lag payments will be returned to the 18 providers in a two-year period approximately 19 $100 million a year. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter. 22 SENATOR LEICHTER: Mr. 23 President. If Senator Holland will yield 5239 1 please. 2 ACTING PRESIDENT KUHL: Senator 3 Holland, do you yield to Senator Leichter? 4 SENATOR HOLLAND: Yes, sir. 5 ACTING PRESIDENT KUHL: Senator 6 Holland yields. 7 SENATOR LEICHTER: Senator, 8 obviously I and every other member of this house 9 who was here supported that bill. It was vetoed 10 by the governor. You are telling us now you are 11 putting in the exact same bill. Is there any 12 reason to believe that the Governor's response 13 to this bill will be any more favorable to you? 14 SENATOR HOLLAND: I can't tell 15 you that, Senator. The only thing he says in 16 his veto message of 1992, "I remain willing to 17 discuss with the Legislature the idea." 18 I think it's unfair to the 19 providers that we should withhold their money 20 and certainly is a poor accounting principle and 21 taxing principle as far as I'm concerned, so 22 even if the Governor does not -- or does veto 23 the bill again, I would bring it up annually 5240 1 until we have a new governor. 2 SENATOR LEICHTER: Senator, I 3 think you're right that this ought to become 4 law. Let me ask you a question - 5 ACTING PRESIDENT KUHL: Senator 6 Holland, do you continue to yield? 7 SENATOR HOLLAND: Yes. 8 SENATOR LEICHTER: -- which is, 9 why didn't you move to override? 10 SENATOR HOLLAND: I never 11 considered it, Senator. To tell you the truth, 12 I don't know whether we had enough votes to 13 override at that point or not in both of the 14 houses. 15 SENATOR LEICHTER: What did the 16 bill pass by in the Assembly? 17 SENATOR HOLLAND: Unanimous, I'm 18 told. 19 SENATOR LEICHTER: Of course, 20 we've -- Senator, we've known that sometimes 21 people change their votes when they are faced 22 with an override. But I would think that much 23 as we respect the Governor, I think he is wrong 5241 1 on this issue; and just to put it forward in 2 this fashion, I don't know that it's going to 3 accomplish your purpose. 4 ACTING PRESIDENT KUHL: 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 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1164, by Senator Kuhl, Senate Bill Number 2068. 16 SENATOR STACHOWSKI: Can we get 17 one day on this, please. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside for the day. 20 THE SECRETARY: Calendar Number 21 1178, by Senator Pataki, Senate Bill Number 22 7128, an act to amend the Town Law. 23 SENATOR LEICHTER: Explanation. 5242 1 SENATOR PRESENT: Lay it aside 2 temporarily. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside temporarily. 5 THE SECRETARY: Calendar Number 6 1186, by Senator Libous, Senate Bill Number 7 7975, an act to amend the Tax Law and the Social 8 Services Law. 9 SENATOR STACHOWSKI: Can we get 10 one day on that, please? 11 SENATOR LIBOUS: Sorry? 12 SENATOR STACHOWSKI: Can we get 13 one day on that, please? 14 SENATOR LIBOUS: Absolutely. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 1189, by Senator Tully, Senate Bill Number 19 8180A, authorize the Village of Westbury, County 20 of Nassau, to discontinue the use of certain 21 parklands. 22 ACTING PRESIDENT KUHL: There is 23 a home rule message at the desk. 5243 1 Secretary will read the last 2 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 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1204, by Senator Daly, Senate Bill Number 8061, 13 an act to amend the Monroe County Tax Act. 14 SENATOR DOLLINGER: Explanation. 15 ACTING PRESIDENT KUHL: Senator 16 Daly, an explanation has been asked for on 17 Calendar Number 1204 by Senator Dollinger. 18 SENATOR DALY: Yes, Mr. 19 President. This bill was requested by the 20 Monroe County Legislature, and it would allow at 21 the option of the county legislature the 22 treasurer to publish the pre-August 1 notice of 23 properties that have not paid their county taxes 5244 1 to be listed in one instead of two newspapers. 2 The second thing the bill would 3 do is reduce the times, the number of times that 4 the publication had to occur from once every day 5 for 30 days to once a week over a month period, 6 four-week period. 7 And there were some small 8 detailed changes in the bill, which I don't 9 think interest Senator Dollinger. If we wants 10 me to continue, I will be glad to do so. 11 But those are the two major 12 thrusts of the bill, Mr. President, one, and 13 basically it will give more power to the county 14 legislature to determine how it wants to list 15 the lands that are available plus in what 16 newspapers they should be listed and how often 17 they could be listed. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Dollinger. 20 SENATOR DOLLINGER: Mr. 21 President. If the sponsor will yield to a 22 question. 23 ACTING PRESIDENT KUHL: Senator 5245 1 Daly, do you yield? 2 SENATOR DALY: Yes, I will, Mr. 3 President. 4 ACTING PRESIDENT KUHL: Senator 5 Daly yields. 6 SENATOR DOLLINGER: Is the 7 procedure contained in the Monroe County Tax 8 Act, which is what I understand this bill 9 amends, is that unique in New York State or is 10 this typical? That what is currently in the law 11 is that followed in the other counties as well 12 with respect to the publication of unpaid 13 taxes? 14 SENATOR DALY: Mr. President. 15 Very frankly, I did not pay much attention to 16 the other counties. I felt that this was a 17 request from the County of Monroe by its county 18 legislature, in which Senator Dollinger served, 19 and I thought that -- believe in certainly 20 helping local governments wherever we can. This 21 was requested by the county legislature, as I 22 said, and I didn't feel it was necessary to go 23 and check all the other counties in the state as 5246 1 to what their practices are. 2 SENATOR DOLLINGER: On the bill, 3 Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger on the bill. 6 SENATOR DOLLINGER: I understand 7 Senator Daly's fealty to the concept of home 8 rule, and I certainly see a great deal of wisdom 9 in that. Interestingly enough, in this 10 particular case, however, I feel bound by a vote 11 I took in the Monroe County Legislature in, I 12 believe, February of 1991 when the issue came up 13 about the -- excuse me, in February of 1992, 14 when the issue came up about the publication of 15 notices in the unpaid taxes; and at that time, 16 there was a discussion about a very similar 17 amendment which I voted against. 18 The reason why I'm doing that in 19 this capacity, however, as a member of the State 20 Senate is because, if this bill passes, most of 21 the people who I represent who don't pay their 22 taxes won't get notice through publication of 23 the fact that they're unpaid. 5247 1 According to my information, 2 there were about 6400 listings of unpaid taxes 3 in Monroe County that were published in our 4 newspaper of general circulation, our daily 5 newspaper. About 60 percent of those unpaid 6 taxes were in the City of Rochester. 7 The weekly newspaper that would 8 be the source of publication under the grant 9 that we give to the county to exercise an option 10 to do would only reach about somewhere between 11 30 and 35 percent of the total people who 12 haven't paid their taxes. 13 If our purpose and the purpose of 14 the original taxing act in this case was to give 15 widespread distribution and information to 16 people who hadn't paid their taxes so that they 17 could see it in the newspaper, and either 18 through the power of guilt because they didn't 19 want to see it there again, or because it would 20 prompt their public conscience to make a rapid 21 payment of their taxes, if that was the goal of 22 the original tax act, I submit that by passing 23 this legislation and allowing the county 5248 1 legislature to now cut back on the public 2 disclosure of this information would be a gross 3 mistake. 4 If we do this, and the county 5 legislature follows through with what I think is 6 its intended plan, being somewhat familiar with 7 this debate when I sat in that body, about 70 8 percent of the people who fail to pay their 9 taxes won't get notice through their local 10 newspaper. 11 And it seems to me that if what 12 we want to do is encourage people to pay their 13 taxes, and the whole purpose of this legislation 14 in the first place was to give people every 15 possible notice of the fact that their taxes are 16 unpaid, to put it in the newspaper, to prompt 17 their public conscience, if that was our goal, 18 we're stepping back from that goal. 19 I favor more widespread 20 disclosure. I think the way to do it is through 21 the newspaper of general circulation. It may be 22 a bit more costly, but we should certainly have 23 the courage to tell the people of Monroe County, 5249 1 the people that I represent, that if they don't 2 pay their taxes, it will be disclosed in their 3 daily newspaper. 4 ACTING PRESIDENT KUHL: Chair 5 recognizes Senator Jones. 6 SENATOR JONES: Yes. I would 7 have to stand and speak on this bill, as well, 8 because I also was a member of the county 9 legislature when this issue came up; and, you 10 know, I did take the trouble to inquire at least 11 of all the similar counties to Monroe County, 12 all of whom do use the paper of general 13 circulation to print these. 14 I make no pretense that I'm 15 familiar with tax issues but I am of the 16 assumption, and I believe it's correct, that the 17 purpose of doing this is possibly to generate 18 revenue for the county by the fact that people, 19 as Senator Dollinger described, either see their 20 name there or, perhaps, at some later date this 21 ends up a piece of property that's in 22 foreclosure and somebody purchases it. 23 So I assume the purpose is to 5250 1 generate income for the county, and apparently 2 every other county or at least all those of a 3 comparable nature that I inquired do use the 4 paper of general circulation. 5 Just to give the people an idea, 6 one of the papers that is being used by Monroe 7 County has a circulation of 2900. The general 8 circulation newspaper has a circulation of 9 172,000. So, you know, I guess my feeling is 10 that if the purpose is that people here see this 11 and are able to respond to it, then I don't see 12 any other way to go. If that isn't the purpose, 13 then it would almost seem as though there is no 14 purpose in having the notices there for any 15 reason in any paper. 16 For that reason, I would have to 17 oppose it. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Daly. 20 SENATOR DALY: Mr. President. 21 This legislation does not preclude the county 22 from using the newspaper that it presently 23 uses. Under the present law, there is only one 5251 1 newspaper in Monroe County that can be used. 2 It's a daily. It's a very powerful newspaper, 3 too, Mr. President, as you can appreciate. 4 This bill states that the county 5 legislature would have the authority to either 6 continue -- continue publishing in that one 7 newspaper or using some of the other newspapers 8 that are in Monroe County. And I do believe 9 that that county legislature should have the 10 right to make that decision. We keep talking 11 about mandates, how we mandate things on county 12 legislatures. Now because they're willing to 13 take on the most important newspaper, the most 14 politically powerful newspaper in that county, 15 we are now going to deny them the opportunity? 16 I don't think so, Mr. President. I think the 17 bill should be passed. 18 ACTING PRESIDENT KUHL: Secretary 19 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. 5252 1 SENATOR DOLLINGER: To explain my 2 vote, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger, to explain his vote. 5 SENATOR DOLLINGER: I understand 6 Senator Daly's point of view as I also 7 understand the point of view of my former 8 colleagues in the county legislature. I think 9 that the consequence of passing this bill is 10 that people who live in Chili, Churchville, 11 Gates, Hamlin, Hilton, North Chili, Ogden, 12 Parma, Riga, Rush, Scottsville, Spencerport and 13 Wheatland, many of whom are in Senator Daly's 14 district, some of whom are in Senator Jones' 15 district, and the final piece, which is the city 16 of Rochester, where 60 percent of the unpaid 17 taxes are published in the newspaper will not 18 get -- will not get notice if it's not published 19 in the daily newspaper. 20 The weekly newspapers that serve 21 the suburbs are going to be no consolation to my 22 constituents who live in the city of Rochester. 23 I think it's ill-advised since we took the power 5253 1 upon ourselves, initially, to mandate, to tell 2 the county legislature what the right form of 3 notice was, I don't see why we can't continue to 4 say we believe strongly enough in the concept of 5 public participation and public notice that we 6 keep this provision that a prior Legislature 7 thought was very important, that we keep it in 8 place. 9 We're not so much mandating as 10 we're being consistent with the determination 11 made by this Legislature previously that this 12 was the right thing to do for our constituents. 13 I will be voting in the negative, 14 Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger in the negative. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT KUHL: Announce 19 the results. 20 THE SECRETARY: Ayes 46. Nays 21 3. Senators Dollinger, Jones and Leichter 22 recorded in the negative. 23 ACTING PRESIDENT KUHL: The bill 5254 1 is passed. 2 SENATOR GOLD: Hold on one 3 second. 4 ACTING PRESIDENT KUHL: Secretary 5 will record Senator Gold, Senator Stachowski, 6 Senator Onorato, in the negative. 7 Announce the results. 8 THE SECRETARY: Ayes 43. Nays 9 6. The bill is passed. 10 Senator Present, that completes 11 the controversial calendar. 12 SENATOR PRESENT: Do you have any 13 substitutions? Housekeeping? Nothing? 14 If not, Mr. President, there 15 being no further business, I move that we 16 adjourn until tomorrow at 3:00 p.m. 17 ACTING PRESIDENT KUHL: Without 18 objection, the motion is adopted. Senate stands 19 adjourned until tomorrow at 3:00 p.m. sharp. 20 (Whereupon, at 4:45 p.m., Senate 21 adjourned.) 22 23