Wednesday, January 18, 1995

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 January 18, 1995 10 3:00 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to take 4 their places. 5 Ask the members to rise and join 6 with me as well as the members in our gallery in 7 saying the Pledge of Allegiance. 8 (The Pledge of Allegiance to the 9 Flag was given.) 10 In the absence of clergy, I would 11 ask the members to bow their heads in a moment 12 of silence. 13 (Whereupon, there was a moment of 14 silence.) 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, January 17. The Senate met pursuant to 18 adjournment. The Journal of Saturday, January 19 14, was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 Senate officers. 8 Motions and resolutions. 9 Senator Bruno. 10 SENATOR BRUNO: Yes, Mr. 11 President. I would like to adopt the resolution 12 calendar with the exception of Resolution Number 13 79. 14 ACTING PRESIDENT KUHL: The 15 motion is to approve the resolution calendar 16 with the exception of Resolution Number 79. 17 All those in favor, signify by 18 saying aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response.) 22 The resolution calendar is 23 adopted. 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President. I 3 would like to call up Resolution Number 79 and 4 ask that it be read in its entirety. 5 ACTING PRESIDENT KUHL: Secretary 6 will read. 7 THE SECRETARY: Legislative 8 Resolution Number 79, by Senators Bruno, Lack, 9 and others. Legislative Resolution calling for 10 a Conference of the States to be promoted and 11 convened by the Council of State Governments for 12 the purpose of restoring balance in the federal 13 system. 14 Whereas, the United States 15 Constitution established a federalized system of 16 governance which through the Tenth Amendment 17 reserved all non-delegated and non-prohibitive 18 powers to the states or to the people. 19 Over many years, the federal 20 government has dramatically expanded the scope 21 of its power and preempted state government 22 authority. 23 The federal government has 1 generated massive deficits and continues to 2 require state and local governments to maintain 3 programs at substantial cost. 4 The states must, therefore, find 5 a means to consolidate their power through a 6 rallying event that forges consensus and brings 7 states together to bring formal action. 8 The number of federal, unfunded 9 mandates has grown dramatically during the last 10 30 years, profoundly distorting state budgets 11 and drastically impairing the ability of state 12 leaders to provide appropriate and needed 13 services to their constituencies. 14 Persistent, state-led endeavors 15 have consistently failed to generate any 16 substantial reaction or remedy from the federal 17 government. 18 The United States Supreme Court 19 has repeatedly determined that the states must 20 look to the Congress and related political 21 remedies, for protection against federal 22 encroachments on the reserved powers of the 23 states. 1 In recent years, states have been 2 the principal agents of government reform 3 including updating their constitutions, 4 modernizing and structuring governmental 5 institutions, and, along with local governments, 6 have been the pioneers of government innovation, 7 thus, responding to the needs of their 8 citizens. 9 The Conference of the States will 10 communicate broad bipartisan public concern on 11 the extent to which the American political 12 system has been distorted and provide a formal 13 forum for state governments to collectively 14 propose constructive remedies for a more 15 balanced state-federal governance partnership 16 for the 21st century. 17 Now, therefore, be it resolved, 18 that this legislative body pause in its 19 deliberations to call for a Conference of the 20 States to be promoted and convened by the 21 Council of State Governments for the purpose of 22 restoring balance in the federal system and to 23 adopt the following: 1 (1) A delegation, not to exceed 2 seven voting persons from the State of New York, 3 shall be appointed to represent the State of New 4 York at a Conference of the States for the 5 purpose described in Section (2) to be convened 6 as provided in Section (3). The delegation 7 shall not exceed seven voting persons as 8 follows: (a) the Governor or, if the Governor 9 does not wish to be a member of the delegation, 10 then a constitutional officer selected by the 11 Governor; and (b) a number of legislators not to 12 exceed six, three from each house, of which at 13 least one shall be from each major political 14 party selected by the presiding officer of that 15 house. Each presiding officer may designate two 16 alternate legislator delegates, one from each 17 party, who have voting privileges in the absence 18 of the primary delegates. 19 (2) The delegates of the 20 Conference of the States will propose, debate 21 and vote on elements of an action plan to 22 restore checks and balances between states and 23 the national government. Measures agreed upon 1 will be formalized in an instrument called a 2 States' Petition and returned to the 3 delegation's state for consideration by the 4 entire legislature. 5 (3) The Conference of the States 6 shall be convened under the Section 501(c)3 7 auspices of the Council of State Governments in 8 cooperation with the National Governors' 9 Association and the National Conference of State 10 Legislators no later than 270 days after at 11 least 26 legislatures adopt a "Resolution of 12 Participation." 13 (4) Prior to the official 14 convening of the Conference of the States, the 15 Steering Committee will draft: (a) the 16 governance structure and procedural rules for 17 the conference; (b) the process for receiving 18 rebalancing proposals; and (c) the financial and 19 administrative functions of the conference, 20 including the Council of State Governments as 21 fiscal agent. 22 (5) The bylaws shall: (a) 23 conform to the provisions of this resolution; 1 (b) specify that each state delegation shall 2 have one vote at the conference; and (c) specify 3 that the conference agenda be limited to 4 fundamental, structural, long-term reforms. 5 (6) Upon the official convening 6 of the Conference of the States, the state 7 delegations will vote upon and approve the 8 conference governing structure, operating rules, 9 and bylaws; and 10 Be it further, Resolved, that a 11 copy of this resolution, suitably engrossed, be 12 transmitted to the Council of State Governments. 13 ACTING PRESIDENT KUHL: Chair 14 recognizes Senator Lack on the resolution. 15 SENATOR LACK: Thank you, Mr. 16 President. 17 To the members, my apologies that 18 this appears a little bit cut-and-paste. There 19 was a conference called that ended at 10 minutes 20 of 3:00 o'clock in which some changes were made 21 to this that would principally change the 22 delegation from two from each house to three 23 from each house and require that there be at 1 least one from each political party, which is a 2 request that many of us in the legislative side 3 of the Steering Committee to establish this 4 wanted. 5 Basically, what this is is a 6 resolution that is now circulating in 19 state 7 legislatures as of this afternoon and, 8 hopefully, as more start to convene their yearly 9 session, it will be in all 50 state 10 legislatures, recognizing what has happened to 11 the encrustment of the Tenth Amendment which 12 reserves all powers to the states not 13 specifically given to the federal government. 14 Three organizations, the Council 15 of State Governments which is not a lobbying 16 organization and the two lobbying organizations, 17 the National Conference of State Legislators and 18 the National Governors' Association, all on a 19 bipartisan basis, have formulated the Conference 20 of States which, hopefully, will take place in 21 Philadelphia some time towards the end of this 22 year assuming that 26 legislative bodies and 26 23 states have enacted this resolution and 270 days 1 have thereafter passed. 2 The resolution in this house is 3 currently sponsored by every member of the 4 Majority, and, Senator Paterson, I would like to 5 open it to every member of the Minority if you 6 so choose to join with me. 7 Assemblyman Wertz, Bob Wertz, who 8 is the National Chair of the Council of State 9 Governments, has been in touch with Speaker 10 Silver and, hopefully, either by the end of 11 today or tomorrow, the same resolution will be 12 introduced in the Assembly; and, again, it is 13 the same resolution that's now being introduced 14 in state after state. 15 The first state to pass this was, 16 on Monday, the state of Utah which passed the 17 original version and will reconvene to pass the 18 new version. 19 Again, Senator Paterson, I would 20 like to open this to every member of the 21 Minority, if you would like. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson, the desk would like to know if you're 1 willing at this point or want to commit any 2 members. If they would like to be identified to 3 the Secretary, we're willing to do that at this 4 time. 5 SENATOR PATERSON: Thank you, Mr. 6 President. We took two hours settling a 7 resolution yesterday, so I hope you'll indulge 8 me if we take -- in fact, what I need is a 9 five-minute recess. That's what I would like to 10 have right now. But - 11 ACTING PRESIDENT KUHL: Senator 12 Paterson, you still have the floor. 13 SENATOR PATERSON: Also my time 14 isn't up. 15 I would like to advise the 16 members of the Minority that I would like to be 17 on the resolution, as well; and we open it up to 18 all members. 19 ACTING PRESIDENT KUHL: If the 20 members of the Minority will raise their hands, 21 keep them up so that the Secretary can see your 22 hands, we will place you on the resolution. 23 SENATOR DOLLINGER: May I ask a 1 question before I do? 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator Dollinger. 4 SENATOR DOLLINGER: Will Senator 5 Lack yield to a question? 6 ACTING PRESIDENT KUHL: Senator 7 Lack, do you yield to a question from Senator 8 Dollinger? 9 SENATOR LACK: Yes. 10 ACTING PRESIDENT KUHL: The 11 Senator yields. 12 SENATOR DOLLINGER: I apologize, 13 Senator. I like the notion of this. Is it fair 14 to describe this as, in essence, sort of a small 15 constitutional convention to look at the 16 relationship between the federal government and 17 the states with respect to reimbursements and 18 formulas and funding? Is that generally what I 19 hear in this? 20 And I apologize for not having 21 known about this before. 22 SENATOR LACK: No, Senator, it is 23 not a constitutional convention. But it 1 certainly is just what it says it is -- a 2 conference of states called on very narrow 3 lines. The only subject to be considered is 4 that of federalism, the relationship of state 5 governments to the federal government and no 6 other subject. 7 SENATOR DOLLINGER: Okay. Mr. 8 President. I appreciate the invitation. I will 9 go on this. Seems to me that this is a good 10 topic for discussion among the states to look at 11 the relationship with the federal government. 12 I would suggest that it might be 13 extremely appropriate to do that here in New 14 York State, as well, is to look at the 15 relationship between this state and its 16 municipalities. We may do that. It would be 17 interesting to do that as a prelude to the 1997 18 constitutional vote that will be put before the 19 voters of this state, when we can get a chance 20 to redesign the Constitution of this state and 21 the relationship between the central government 22 of this state here in Albany and all of our 23 towns and communities, as well. 1 ACTING PRESIDENT KUHL: Senator 2 Dollinger, you will be placed as a sponsor on 3 the resolution. Secretary will record that. 4 Is there any other Senator 5 wishing to speak on this resolution? 6 (There was no response.) 7 Hearing none, the question is on 8 Resolution 79. All those in favor, signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (Response of "Nay.") 13 Senator Montgomery, do you wish 14 to explain your vote? 15 SENATOR MONTGOMERY: No, Senator 16 -- Mr. President. I would just like to be on 17 the resolution. 18 ACTING PRESIDENT KUHL: Fine. 19 SENATOR MONTGOMERY: Thank you. 20 ACTING PRESIDENT KUHL: Senator 21 Montgomery will be listed as a sponsor of the 22 resolution. 23 The ayes have it. The resolution 1 is adopted. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President. 4 May we return to reports of standing committees. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the reports of standing committees. 7 THE SECRETARY: Senator Kuhl from 8 the Committee on Agriculture reports the 9 following bills directly for third reading: 10 Senate Bill Number 289, by 11 Senator Cook, an act to amend the Agriculture 12 and Markets Law, in relation to agricultural 13 practices. 14 514, by Senators Kuhl and Wright, 15 Agriculture and Markets Law, in relation to 16 duties of the Commissioner of Agriculture and 17 Markets. 18 515, by Senator Kuhl, an act to 19 amend the Agriculture and Markets Law and the 20 Economic Development Law. 21 516, by Senators Kuhl, Larkin, 22 and others, an act to amend the Agriculture and 23 Markets Law, in relation to providing a real 1 property tax abatement. 2 Senator Lack from the Committee 3 on Judiciary reports the following bill directly 4 for third reading: 5 Senate Bill Number 496, by 6 Senator Lack and others, an act to amend the 7 Judiciary Law, in relation to audio-visual 8 coverage of judicial proceedings. 9 Senator Levy from the Committee 10 on Transportation reports the following bills 11 directly for third reading: 12 Senate Bill Number 34, by Senator 13 Holland, to relocate the Spring Valley Toll 14 Plaza of the New York State Thruway. 15 Senate Bill Number 331, by 16 Senator Levy, Vehicle and Traffic Law, in 17 relation to distinctive plates for police 18 officers. 19 369, by Senator Levy, an act to 20 amend the Vehicle and Traffic Law, in relation 21 to authorizing the proration of registration 22 fees. 23 Senator Volker from the Committee 1 on Codes reports the following bills directly 2 for third reading: 3 Senate Bill Number 143, by 4 Senator Holland and others, an act to amend the 5 Penal Law, in relation to the criminal 6 possession of public assistance identification 7 cards. 8 185, by Senator Tully and others, 9 Civil Practice Law and Rules, in relation to 10 forfeiture of property in certain instances. 11 188, by Senator Tully and others, 12 an act to amend the Penal Law, in relation to 13 sexual performance by a child. 14 197, by Senator Volker and 15 others, an act to amend the Penal Law, in 16 relation to resisting arrest. 17 205, by Senator Holland and 18 others, Criminal Procedure Law, in relation to 19 expenses for extradition. 20 213, by Senator Holland, an act 21 to amend the Penal Law, validity of a license to 22 carry or possess a pistol. 23 302, by Senator Kruger and 1 others, an act to amend the Penal Law, in 2 relation to increasing the penalties for 3 loitering. 4 388, by Senator Levy, an act to 5 amend the Criminal Procedure Law, in relation to 6 providing the commission of a traffic 7 infraction, driving while ability impaired. 8 Senator Holland from the 9 Committee on Social Services reports the 10 following bills directly for third reading: 11 Senate Bill Number 136, by 12 Senator Holland and others, an act to amend the 13 Social Services Law, in relation to establishing 14 home relief transition. 15 313, by Senator Holland, an act 16 to amend the Social Services Law, in relation to 17 the notice of conciliation and mediation of 18 disputes. 19 And, 491, by Senator Maltese and 20 others, an act to amend the Social Services Law, 21 in relation to access to criminal history 22 records. 23 All bills reported directly for 1 third reading. 2 ACTING PRESIDENT KUHL: All bills 3 are reported directly to third reading for 4 Monday, January 23. 5 Chair recognizes Senator Bruno. 6 SENATOR BRUNO: Mr. President. 7 There being no further business to come before 8 the Senate, I move we stand adjourned until 9 Monday at 3:00 p.m., intervening days to be 10 legislative days. 11 Thank you. 12 ACTING PRESIDENT KUHL: Without 13 objection, the Senate stands adjourned until 14 Monday, January 23, at 3:00 p.m. 15 (Whereupon, at 3:18 p.m., Senate 16 adjourned.) 17 18 19 20 21