Wednesday, January 25, 1995

1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 January 25, 1995 12 11:03 a.m. 13 14 15 REGULAR SESSION 16 17 18 19 20 LT. GOVERNOR BETSY McCAUGHEY, President 21 STEPHEN F. SLOAN, Secretary 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. I ask everyone present to please 4 rise and repeat with me the Pledge of 5 Allegiance. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (Whereupon, there was a moment of 11 silence.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Tuesday, January 24. The Senate met pursuant to 16 adjournment. The Journal of Monday, January 23, 17 was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Bruno, are you ready for 7 the calendar? 8 SENATOR BRUNO: Yes, Madam 9 President. I would like to now take up the 10 noncontroversial calendar. 11 THE PRESIDENT: The Secretary 12 will read, please. 13 THE SECRETARY: Calendar Number 14 2, by Senator Kuhl, Senate Bill Number 514, an 15 act to amend the Agriculture and Markets Law. 16 THE PRESIDENT: Lay it aside. 17 THE SECRETARY: Calendar Number 18 13, by Senator Holland, Senate Bill Number 205, 19 an act to amend the Criminal Procedure Law. 20 SENATOR PATERSON: Lay it aside. 21 THE PRESIDENT: Lay it aside, 22 please. 23 SENATOR HOLLAND: Lay it aside 1 for the day. 2 THE PRESIDENT: Lay it aside for 3 the day, please. 4 THE SECRETARY: Calendar Number 5 16, by Senator Levy, Senate Bill Number 388, an 6 act to amend the Criminal Procedure Law, 7 providing that commission of a traffic 8 infraction, driving while ability impaired. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first day of 13 November. 14 THE PRESIDENT: Call the roll, 15 please. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 34. 18 THE PRESIDENT: This bill has 19 passed. 20 THE SECRETARY: Calendar Number 21 22, by Senator Trunzo, Senate Bill Number 604, 22 an act to amend the Retirement and Social 23 Security Law and the Education Law. 1 THE PRESIDENT: Lay it aside, 2 please. 3 THE SECRETARY: Calendar Number 4 28, by Senator Volker, Senate Bill Number 198, 5 an act to amend the Tax Law, in relation to the 6 imposition of sales and use taxes by the county 7 of Erie. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll, 13 please. 14 (The Secretary called the roll.) 15 THE PRESIDENT: Results. 16 THE SECRETARY: Ayes 33. Nays 17 2. Senator Dollinger and Jones recorded in the 18 negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 29, by Senator Saland, Senate Bill Number 253, 23 an act to amend the Tax Law, in relation to 1 authorizing the county of Columbia to impose an 2 additional one percent sales and compensating 3 use taxes. 4 SENATOR PATERSON: Lay it aside. 5 THE PRESIDENT: Lay it aside, 6 please. 7 Senator Bruno, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR BRUNO: Thank you, Madam 10 President. Now we can go to the controversial 11 calendar and take up Calendar Number 29, Senate 12 253. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 29, by Senator Saland, Senate Bill Number 253, 17 an act to amend the Tax Law, in relation to 18 authorizing the county of Columbia to impose an 19 additional one percent of sales and compensating 20 use taxes. 21 THE PRESIDENT: Senator Leibell. 22 SENATOR LEIBELL: Madam 23 President. This is an act to amend the Tax Law, 1 authorizing the county of Columbia to raise an 2 additional one percent of sales and use taxes. 3 THE PRESIDENT: Senator Jones. 4 SENATOR JONES: I wonder if it's 5 possible to yield to a couple questions, 6 please? 7 THE PRESIDENT: Yes. Senator 8 Leibell, will you yield? 9 SENATOR LEIBELL: Yes, I will. 10 SENATOR JONES: I was new here 11 last year, and perhaps I don't understand the 12 issue of sales tax, so I want to ask a couple 13 questions so I can clarify it this year so I 14 won't be confused again. 15 Could you tell me, did the 16 Senator himself have any part in setting the 17 amount of the sales tax? Did he meet with his 18 county and have a role in setting how much the 19 sales tax would be? 20 SENATOR LEIBELL: No. 21 SENATOR JONES: Would the 22 sponsor yield to another question? 23 THE PRESIDENT: Yes. 1 SENATOR JONES: Does the Senator 2 or any other Senator feel by voting for a home 3 rule message for a sales tax, you are actually 4 yourself imposing that tax? 5 THE PRESIDENT: Senator Leibell. 6 SENATOR LEIBELL: I think it's 7 pretty clear what happens when we pass bills 8 such as this. There has been a request by the 9 local community, similar to what happens 10 throughout the state of New York in all of our 11 communities, where they have requested this 12 legislation. It's something that's essential 13 for their community, and we bring it up and we 14 sponsor it, and that's the extent of the 15 endorsement. 16 THE PRESIDENT: Senator Jones. 17 SENATOR JONES: Would the Senator 18 yield to another question? 19 SENATOR LEIBELL: Yes. 20 SENATOR JONES: Okay. 21 THE PRESIDENT: Senator Leibell. 22 SENATOR JONES: I believe that 23 clarifies it for me, so let me just go over it 1 again. You're saying that our role here in the 2 Senate is just to accept the home rule message 3 and -- and all -- the imposition of the tax, the 4 decision on how much the tax, that all belongs 5 to the local government, and our only role is to 6 accept the home rule message. 7 SENATOR LEIBELL: I'm not going 8 to say that. I don't know what your -- on any 9 -- on any individual bill that may come up. In 10 the case here of Senator Saland, he received a 11 request from the local community. It was felt 12 that this was necessary for their community, and 13 he has brought it before this body for their 14 consideration, and he has -- he has said that he 15 is sponsoring the legislation. 16 SENATOR JONES: I -- maybe I - 17 THE PRESIDENT: Senator Jones. 18 SENATOR JONES: Yes, I just 19 wanted to clarify my question. I was not 20 talking about all home rule. You -- you heard 21 me correctly. I'm only talking about this one 22 sales tax in particular that comes by way of a 23 home rule message. Is that true of a tax like 1 this that comes by way of a home rule message? 2 SENATOR LEIBELL: Well, I 3 certainly would not -- obviously, Senator Saland 4 is not here today. He's ill, and I would not 5 attempt to represent what his position is on 6 every bill that comes before us. I can only 7 tell you what the background is on this bill. 8 It has been brought before this house pursuant 9 to constitutional requirements and the 10 requirements of this body, and it's here for 11 your consideration. 12 SENATOR JONES: Thank you. Okay. 13 THE PRESIDENT: Senator Jones. 14 SENATOR JONES: On the bill. You 15 did answer me, and I understand it perfectly 16 which was the way I thought I understood it last 17 year. But, apparently, that isn't the case, and 18 most of you sitting here know why I am asking 19 these questions, so I -- because of the 20 misunderstanding, apparently, at the local 21 level, I will have to vote no on all of these 22 this year. 23 THE PRESIDENT: Read the last 1 section, please. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll, 5 please. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 41. Nays 8 2. Senators Dollinger and Jones recorded in the 9 negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 2 13 by - 14 THE PRESIDENT: Regular order, 15 please. 16 THE SECRETARY: Calendar Number 17 2, by Senator Kuhl, Senate Bill Number 514, an 18 act to amend the Agriculture and Markets Law. 19 SENATOR PATERSON: Explanation. 20 THE PRESIDENT: Explanation. 21 Senator Kuhl. 22 SENATOR KUHL: Madam President. 23 This bill is a bill that was before this house 1 last year, and there was very limited debate. 2 There were several negatives from the other side 3 of the aisle, and I'll just repeat what I said 4 in explanation to the request last year, and 5 that was: 6 This bill is a bill that mandates 7 -- and I underscore the line mandates -- a 8 comprehensive review of the regulations and 9 rules as they might relate to the agricultural 10 industry and the harmful effect that they might 11 have on that industry, and it also provides a 12 detailed procedure by which those bills or 13 regulations would be reviewed and dealt with. 14 THE PRESIDENT: Senator Paterson. 15 SENATOR PATERSON: I think that 16 -- I don't want to ask Senator Kuhl to repeat 17 himself, and I would just say on the bill that 18 being we have the Administrative Regulations 19 Review Commission, we also have the Department 20 of Environmental Conservation, I just thought 21 that in terms of our new objective of 22 streamlining government, of not replicating 23 work, of shortening the amount of staff that 1 might be used, I just thought that a great deal 2 of this work is already done. 3 And I don't know if Senator Kuhl 4 wants to comment on that, but that's -- I just 5 want to explain that that's why I would choose 6 not to vote for the bill. I don't understand 7 why this can't be accomplished in the 8 department -- in -- why it doesn't exist 9 already, and that's just what I wanted to say 10 about the bill. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Senator Hoffmann. 16 Call the roll, please. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Hoffmann. 19 SENATOR HOFFMANN: Thank you, 20 Madam President. 21 I'm familiar with a few 22 situations, as are some other members of this 23 house, in which various state agencies, 1 particularly Environmental Conservation, have 2 shown a rather callous disregard for the 3 agricultural activities in our number 1 industry 4 in New York State, and I underscore number 1 5 industry because, all too often, in this chamber 6 and in the other chamber that is overlooked. 7 Unfortunately, there is a need to 8 call direct attention to the responsibilities to 9 be fair to agriculture, to not burden people 10 engaged in agriculture with unnecessary 11 requirements and unreasonable restrictions on 12 what are called conventional agricultural 13 practices. 14 So I believe that this is a very 15 necessary measure at this time. Perhaps, as 16 Senator Paterson said, with the new regime and 17 the new streamlining of regulations and 18 bureaucracy, it might not be necessary in the 19 future; but even as a modest consciousness 20 raising exercise for various state agencies, it 21 is necessary today. 22 So I'm very happy to support 23 Senator Kuhl's measure in this instance, and I 1 would urge those members on this side of the 2 aisle who had not previously given that type of 3 consideration to it to join me in supporting it, 4 as well. 5 Thank you, Madam President. 6 THE PRESIDENT: Senator Hoffmann 7 will be recorded in the affirmative. 8 The results, please. 9 THE SECRETARY: Ayes 44. Nays 10 3. Senators Connor, Markowitz and Paterson 11 recorded in the negative. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 22, by Senator Trunzo, Senate Bill Number 604, 16 an act to amend the Retirement and Social 17 Security Law and the Education Law. 18 THE PRESIDENT: Senator Bruno. 19 SENATOR BRUNO: Will you lay it 20 aside, temporarily. 21 THE PRESIDENT: Lay this bill 22 aside temporarily. 23 SENATOR BRUNO: Madam President. 1 I would like to ask that we recess for a short 2 period of time and ask the Republican Conference 3 to join me in our Conference Room immediately, 4 and I would estimate that we would be about 20 5 minutes to a half hour, and thank you for your 6 indulgence. 7 THE PRESIDENT: The Senate will 8 be in recess for half an hour. 9 SENATOR BRUNO: Stand at ease. 10 THE PRESIDENT: Or stand at ease. 11 (Whereupon, at 11:20 a.m., the 12 gavel was sounded and the Senate was at ease.) 13 (Whereupon, at 12:52 p.m., Senate 14 reconvened.) 15 ACTING PRESIDENT KUHL: Senate 16 will come to order. Members will please take 17 their seats. 18 Chair recognizes Senator Bruno. 19 SENATOR BRUNO: Mr. President. 20 Can we at this time take up a bill, Calendar 21 Number 22. 22 ACTING PRESIDENT KUHL: Secretary 23 will read Calendar Number 22. 1 THE SECRETARY: Calendar Number 2 22, by Senator Trunzo, Senate Bill Number 604, 3 an act to amend the Retirement and Social 4 Security Law and the Education Law. 5 ACTING PRESIDENT KUHL: Senator 6 Bruno, I'm informed by the Secretary that there 7 is an Assembly substitute, if you would like to 8 do that at this time before we read the last 9 section. 10 SENATOR BRUNO: Please proceed, 11 Mr. President. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the substitution. 14 THE SECRETARY: Senator Trunzo 15 moves to discharge the Committee on Civil 16 Service and Pensions from Calendar Number 22, 17 Senate Bill Number 604, and substitute the 18 identical Assembly Bill, Assembly Bill Number 19 929. 20 ACTING PRESIDENT KUHL: Without 21 objection, substitution is ordered. 22 Secretary will read the last 23 section. 1 THE SECRETARY: Section 16. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT KUHL: Announce 7 the results when tabulated. 8 THE SECRETARY: Ayes 52. Nays 1. 9 Senator Goodman recorded in the negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President. 14 Can we now return to motions and resolutions? 15 ACTING PRESIDENT KUHL: We will 16 return to motions and resolutions. 17 Senator DiCarlo. 18 SENATOR DiCARLO: Mr. President. 19 On page 4, I offer the following amendments to 20 Calendar Number 5, Print 496, and ask that said 21 bill retain its place on Third Reading Calendar, 22 for Senator Lack. 23 ACTING PRESIDENT KUHL: The 1 amendments are received and adopted. The bill 2 will retain its place on the Third Reading 3 Calendar. 4 Senator Kruger. 5 SENATOR KRUGER: Mr. President. 6 On page 4, I offer the following amendments to 7 Calendar Number 15, Senate Print Number 302. I 8 ask that the bill retain its place on the Third 9 Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments are received and adopted. The bill 12 will retain its place on the Third Reading 13 Calendar. 14 Senator Bruno. 15 SENATOR BRUNO: Mr. President. 16 There being no further business to come before 17 the Senate, I move we stand adjourned until 18 Monday at 3:00 p.m. sharp, intervening days to 19 be legislative days. 20 ACTING PRESIDENT KUHL: Without 21 objection, Senate stands adjourned until Monday 22 at 3:00 p.m. 23 (Whereupon, at 12:56 p.m., Senate 1 adjourned.) 2 3