Wednesday, March 13, 1996

2113 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 13, 1996 10 11:03 a.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 2114 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 rise and everybody in the chamber to rise and 5 join me in saying the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of clergy, may we 9 bow our heads in a moment of silence. 10 (A moment of silence was 11 observed.) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Tuesday, March 12th. The Senate met pursuant to 15 adjournment, the prayer by the Reverend Peter 16 Young. The Journal of Monday, March 11th, was 17 read and approved. On motion, the Senate 18 adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 2115 1 Messages from the Governor. 2 Reports of standing committees. 3 I'll ask the Secretary to read. 4 THE SECRETARY: Senator Kuhl, 5 from the Committee on Agriculture, offers up the 6 following bills: 7 Senate Print 286, by Senator 8 Cook, an act to amend the Agriculture and 9 Markets Law, in relation to examination of 10 horses; 11 1286, by Senator Padavan, an act 12 to amend the Agriculture and Markets Law, in 13 relation to spectators at exhibitions; 14 3040, by Senator Goodman, an act 15 to amend the Agriculture and Markets Law, in 16 relation to the powers and duties of municipal 17 directors; 18 6182, by Senator Kuhl, an act to 19 amend the Agriculture and Markets Law, in 20 relation to voluntary inspection services; 21 6188, by Senator Kuhl, an act to 22 amend the Agriculture and Markets Law, in 23 relation to animal diseases. 2116 1 Senator Marchi, from the 2 Committee on Corporations, Authorities and 3 Commissions, offers up the following bills: 4 Senate Print 3139, by Senator 5 Cook, an act to amend the Facilities Development 6 Corporation Act, in relation to provisions; 7 5201, by Senator Leibell, an act 8 to amend the Public Authorities Law, in relation 9 to loan insurance; 10 5544, by Senator DiCarlo, an act 11 to amend the Business Corporation Law, in 12 relation to the right of housing cooperatives; 13 6134, by Senator Leibell, an act 14 to amend the Public Authorities Law, in relation 15 to the power of the state of New York Mortgage 16 Agency. 17 ACTING PRESIDENT KUHL: Without 18 objection, all bills are directed directly to 19 third reading. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 2117 1 The Chair recognizes Senator 2 Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, on behalf of Senator Spano, please 5 place a sponsor's star on Calendar Number 356. 6 ACTING PRESIDENT KUHL: At the 7 request of the sponsor, Calendar Number 356 is 8 starred. 9 SENATOR MARCELLINO: And, Mr. 10 President, on page number 11, I offer the 11 following amendments to Calendar Number 282 on 12 behalf of Senator Lack, Senate Print Number 13 3775-A and ask that said bill retain its place 14 on the Third Reading Calendar. 15 ACTING PRESIDENT KUHL: The 16 amendment are received and adopted. The bill 17 will retain its place on the Third Reading 18 Calendar. 19 SENATOR MARCELLINO: Thank you. 20 ACTING PRESIDENT KUHL: Senator 21 Bruno, we have some substitutions. May we read 22 those in at the present time? 23 SENATOR BRUNO: Yes, Mr. 2118 1 President. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the substitutions. 4 THE SECRETARY: Senator Sears 5 moves to discharge from the Committee on 6 Consumer Protection, Assembly Bill 8807 and 7 substitute it for the identical Senate Bill 8 6066. 9 Senator Skelos moves to discharge 10 from the Committee on Finance, Assembly Bill 11 4883 and substitute it for the identical Senate 12 Bill 4837. 13 Senator Seward moves to discharge 14 from the Committee on Finance, Assembly Bill 15 1865-B and substitute it for the identical 16 Senate Bill 5729-A. 17 Senator Volker moves to discharge 18 from the Committee on Codes, Assembly Bill 7535 19 and substitute it for the identical Senate Bill 20 3784. 21 Senator Volker moves to discharge 22 from the Committee on Codes, Assembly Bill 7539 23 and substitute it for the identical Senate Bill 2119 1 3811. 2 Senator Nozzolio moves to 3 discharge from the Committee on Crime Victims, 4 Crime and Correction, Assembly Bill 8882 and 5 substitute it for the identical Senate Bill 6 6174. 7 Senator Saland moves to discharge 8 from the Committee on Local Governments, 9 Assembly Bill 510-B and substitute it for the 10 identical Senate Bill 6145. 11 ACTING PRESIDENT KUHL: The 12 substitutions are ordered. 13 Senator Bruno, that brings us to 14 the calendar. 15 SENATOR BRUNO: Can we ask, Mr. 16 President, for an immediate meeting of the Rules 17 Committee in Room 332. 18 ACTING PRESIDENT KUHL: There 19 will be an immediate meeting of the Rules 20 Committee in the Majority Conference Room, Room 21 332. Immediate meeting of the Rules Committee 22 in the Majority Conference Room, Room 332. 23 Senator Bruno. 2120 1 SENATOR BRUNO: And, Mr. 2 President, can we now proceed with the 3 non-controversial calendar. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the non-controversial 6 calendar. 7 THE SECRETARY: Calendar Number 8 70, by Senator Levy, Senate Print 347-A, an act 9 to amend the New York City Charter and the 10 Public Authorities Law, in relation to the 11 inspection of the Metropolitan Transportation 12 Authority. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar 184, by 17 Senator Levy, Senate Print 355, an act in 18 relation to requiring the Department of Motor 19 Vehicles to compile information on driving while 20 under the influence of drugs. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 2121 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 33 -- excuse 6 me -- ayes 32, nays 1, Senator Kuhl recorded in 7 the negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 283, by the Committee on Rules, Assembly Print 12 7860-A, an act to amend the Surrogate's Court 13 Procedure Act, in relation to witnesses. 14 ACTING PRESIDENT KUHL: The 15 Secretary 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 33. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 2122 1 THE SECRETARY: Calendar Number 2 305, by Senator DiCarlo, Senate Print 4432, an 3 act to amend the Vehicle and Traffic Law, in 4 relation to proof of notice. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 33. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 308, by Senator Lack, Senate Print 6038, an act 17 to amend the Railroad Law, in relation to police 18 officers of a commuter railroad. 19 SENATOR PATERSON: Lay it aside, 20 please. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 2123 1 346, by Senator Holland, Senate Print 468, an 2 act to amend the Public Health Law, in relation 3 to providing an immunization schedule for 4 children. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 36. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 351, by Member of the Assembly Sweeney, Assembly 17 Print 8603, an act to amend Chapter 572 of the 18 Laws of 1994 amending the Public Health Law. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 2124 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 36. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 355, by Senator Leibell, Senate Print 2709, an 8 act to amend the Labor Law, in relation to 9 additional eligibility. 10 SENATOR PATERSON: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 356, by Senator Spano, Senate Print 3974, an act 15 to amend the Labor Law, in relation to license 16 to possess, sell, manufacture and store 17 explosives. 18 ACTING PRESIDENT KUHL: Calendar 19 Number 356 was starred. I'll ask the Secretary 20 to read the next -- 373. 21 THE SECRETARY: Calendar Number 22 373, by Senator Maltese, Senate Print 484, an 23 act to amend the Vehicle and Traffic Law, in 2125 1 relation to requirements concerning limousines. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect in 120 days. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 36. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 374, by Senator Kuhl, Senate Print 1382, an act 14 to amend the Vehicle and Traffic Law, in 15 relation to appropriate reduced speeds. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of 20 November. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 2126 1 THE SECRETARY: Ayes 37. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 377, by Senator Levy, Senate Print 4856-C, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to increasing fines for violations. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 445, by Senator Stafford, Senate Print 608, an 20 act to amend the Environmental Conservation Law, 21 in relation to increasing the criminal penalties 22 for illegally taking big game. 23 ACTING PRESIDENT KUHL: The 2127 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 446, by Senator Libous, Senate Print 4531, an 13 act to amend the Environmental Conservation Law, 14 in relation to the taking of pheasants. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT KUHL: The bill 2128 1 is passed. 2 THE SECRETARY: Calendar Number 3 448, by Senator Marcellino, Senate Print 6113, 4 an act to amend the Environmental Conservation 5 Law, in relation to interfering with the lawful 6 taking of wildlife. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of 11 September. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 449, by Senator Marcellino, Senate Print 6213, 20 an act to amend the Environmental Conservation 21 Law, in relation to the drawing off of the 22 water. 23 ACTING PRESIDENT KUHL: The 2129 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 January. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 451, by Senator Marcellino, Senate Print 6345, 13 an act to amend the Environmental Conservation 14 Law, in relation to providing for the revocation 15 or suspension of a hunting license. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect August 1st. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 40. 2130 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Bruno, that completes the 4 controversial calendar -- non-controversial 5 calendar. 6 SENATOR BRUNO: Can we now return 7 to reports of standing committees, and I believe 8 there is a report from the Rules Committee at 9 the desk - 10 ACTING PRESIDENT KUHL: You're 11 correct, Senator. 12 SENATOR BRUNO: -- we might now 13 have read. 14 ACTING PRESIDENT KUHL: You're 15 correct, Senator Bruno. There is a report of 16 the Rules Committee. We'll return to the report 17 of the Rules Committee. I'll ask the Secretary 18 to read. 19 THE SECRETARY: Senator Bruno, 20 from the Committee on Rules, offers up the 21 following bill: Senate Print 6429, by Senator 22 Velella, an act to amend the Insurance Law, in 23 relation to the availability of multi-tier 2131 1 programs for homeowners insurance. 2 SENATOR BRUNO: I move we accept 3 the report of the Rules Committee. 4 ACTING PRESIDENT KUHL: The 5 motion is to accept the report of the Rules 6 Committee. All those in favor signify by saying 7 aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The Rules report is accepted. 12 Senator Dollinger, why do you 13 rise? 14 SENATOR DOLLINGER: Before ruling 15 on the acceptance of the Rules Committee report, 16 can we just have an explanation as to why this 17 bill has gone through Rules in this fashion? Is 18 that permissible under our rules? 19 ACTING PRESIDENT KUHL: Senator 20 Saland, why do you rise? 21 SENATOR SALAND: For the purposes 22 of housekeeping. Would it be appropriate, Mr. 23 President? 2132 1 ACTING PRESIDENT KUHL: Sure. 2 Senator Dollinger seems to be preoccupied at the 3 moment. You have a - 4 SENATOR SALAND: I have two bills 5 that I would like to star. 6 ACTING PRESIDENT KUHL: Okay. 7 SENATOR SALAND: Senate 5104, 8 Calendar 447 and Senate 2784, Calendar 380. 9 ACTING PRESIDENT KUHL: At the 10 request of the sponsor, Calendar Number 447 and 11 Calendar Number 380 - 12 SENATOR SALAND: 380. 13 ACTING PRESIDENT KUHL: -- 380 14 will be starred. 15 Senator Dollinger, what I would 16 like you to do, if you can work with the Chair 17 here on this particular case, is we have 18 accepted the report of the Rules Committee. The 19 vote was taken before I recognized you, so it 20 was by. What I would like to do because we're 21 going to take the bill up now is if you have 22 some questions on why it's going through, if, in 23 fact, you ask the sponsor of that and the 2133 1 sponsor is in the chamber, we can deal with your 2 question with Senator Velella that way. Would 3 that be okay? 4 SENATOR DOLLINGER: That's just 5 fine. Can I just ask a point of information as 6 well just so I'm better informed the next time 7 we do this? Is it appropriate to ask that 8 question at the time we accept the Rules 9 Committee report during -- I assume that's a 10 motion like any other motion. Would it be 11 appropriate to raise that question at the time 12 that issue -- the motion is raised? 13 ACTING PRESIDENT KUHL: Any 14 motion is debatable, except there are a couple 15 privileged -- as you know, motion to adjourn, 16 some of those matters which are not debatable, 17 but that issue is debatable and certainly is 18 open for discussion. So the appropriate time 19 for you to raise that question would have been 20 before we actually called the vote and took the 21 vote. 22 So with that, we have a bill on 23 third reading now. It was reported directly 2134 1 from Rules. I'll ask the Secretary to read. 2 THE SECRETARY: Calendar Number 3 486, by Senator Velella, Senate Print 6429, an 4 act to amend the Insurance Law, in relation to 5 the availability of multi-tier programs for 6 homeowners insurance. 7 ACTING PRESIDENT KUHL: Senator 8 Bruno. 9 SENATOR BRUNO: Mr. President, is 10 there a message of necessity at the desk on this 11 bill? 12 ACTING PRESIDENT KUHL: I'm 13 informed by the Secretary that there is, sir. 14 SENATOR BRUNO: Can we at this 15 time move its -- the acceptance of the message? 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the message of necessity at 18 the desk. All those in favor signify by saying 19 aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The message is accepted. 2135 1 The bill is on the floor for 2 discussion. 3 SENATOR DOLLINGER: Mr. 4 President, is my question now in order? 5 ACTING PRESIDENT KUHL: It is now 6 in order. 7 The Chair recognizes Senator 8 Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President, could I ask for an explanation of the 11 bill and for an explanation of the reason why it 12 was put through the Rules Committee and not 13 through the usual committee process? 14 ACTING PRESIDENT KUHL: Senator 15 Velella, Senator Dollinger has asked for an 16 explanation. 17 SENATOR VELELLA: Yes. Senator, 18 our rules provide for bills to be put through 19 the Rules Committee and be immediately reported 20 to the floor, and there is a constitutional 21 provision for the Governor to send us messages 22 of necessity when issues are to be considered by 23 this house that are critical in nature. 2136 1 As you know, the Senate has been 2 working for over a year and a half in trying to 3 resolve a problem of availability of insurance 4 in coastal areas of this state. The program was 5 put together by a task force, along with the 6 Long Island Delegation who have been very, very 7 involved in this whole process because of the 8 fact that there is major problems of providing 9 homeowner insurance on Long Island. We have 10 tied the bill together with the program that has 11 been in place in the city of New York, basically 12 the NYPIUA program which provides property and 13 fire damage, as you know, coverage for people 14 who cannot get insurance for those potential 15 liabilities in areas -- urban areas. That is 16 about to expire on Monday. That -- on Monday. 17 Having these two problems 18 together, the availability of insurance in the 19 City, the availability of coastal insurance, we 20 felt that it was necessary to act quickly and 21 move the bill as soon as we could get a 22 consensus on it through the Rules Committee, ask 23 the Governor for a message of necessity so that 2137 1 we wouldn't have a lapse in coverage, should the 2 Assembly fail to act on Monday. That will be 3 the deadline. We want to give them enough head 4 time -- head lead time to analyze this over the 5 weekend, take a good look at it. It is our 6 solution to the problem. 7 Should something occur that 8 causes a minor problem, we may be back here on 9 Monday taking a look at this once again, but we 10 wanted to ensure that we had something out there 11 so that we could continue this coverage. We 12 wouldn't have people without insurance for any 13 period of time. That is why the necessity of 14 going through Rules; that is why the necessity 15 of having the Governor send us a message of 16 necessity. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Through you, 20 Mr. President. I appreciate Senator Velella's 21 description of this, and I accept that. The 22 reason why I'm concerned, Senator Velella, about 23 the process followed with respect to this bill 2138 1 is because as soon as I became aware of it, I 2 have an amendment that affects the coastal 3 region which I represent, that affects the most 4 critical issue that affects the people in Greece 5 who live on the south shore of Lake Ontario, and 6 that's the problem of the gap between federal 7 flood insurance coverage and homeowners 8 insurance, and the problem with the gap is that 9 the water level doesn't rise to the level of 10 flood and, therefore, it's not considered a 11 federal flood problem, but it rises to a high 12 enough problem so that the wind and the waves 13 cause all the damage, and my constituents are 14 left unprotected because their homeowners 15 policies don't cover wave-induced damage, water 16 wave-induced damage to their properties, and the 17 federal flood insurance program doesn't cover 18 them because the water didn't actually rise 19 above the flood plain. It's that interstitial 20 problem between the federal flood program and 21 our current homeowners policies that I have been 22 working on an amendment this morning to add to 23 this bill to address the problem that affects my 2139 1 part of the coastal portion of New York. 2 I am very sympathetic to those on 3 Long Island and in the city of New York that 4 have problems with their flood insurance 5 programs, whether it be through homeowners 6 insurance or through the federal flood plan, but 7 I think the only way in my -- and I've worked on 8 this problem for the better part of two years - 9 the only way to do it is with an amendment that 10 would require homeowners policies in flood 11 plains to cover wave and wind blown damage from 12 water, even though the level doesn't rise to 13 that of a flood, and that's why I propose an 14 amendment. I don't know whether it's on the 15 floor yet, but I had hoped that I would be able 16 to incorporate this in the bill when the time 17 came to do it. 18 I don't want to sacrifice 19 Monday's deadline. I don't want to expose 20 anybody in the city of New York or on Long 21 Island to the risk of being uninsured for any 22 period of time, but I would have hoped that 23 during the normal committee process, what I 2140 1 think is a very reasonable amendment to solve 2 the problem in my neck of the woods, might have 3 been considered either by the Insurance 4 Committee or by the Senate generally, and I 5 don't know even know that the amendment has been 6 prepared yet because as soon as I found out that 7 the bill might go through Rules this morning, I 8 scrambled to draft an amendment. It may not be 9 the most artful drafting. I think it could have 10 used the deliberations of the Insurance 11 Committee, perhaps the skill of the draftsmen in 12 the Insurance Committee that are far more 13 familiar with this problem than I am, but I look 14 at this as my one opportunity to solve a problem 15 that is a south shore/Lake Ontario problem, and 16 that's the dispute that -- the little gap 17 between the federal flood insurance program and 18 the normal homeowners policy. That gap, 19 unfortunately, costs my constituents a pile of 20 money because they end up uninsured for what I 21 think is a very clearly identifiable risk. 22 So I don't even know whether the 23 amendment is here. I know we have been working 2141 1 on it, but I -- I'm just disappointed. I 2 understand the time constraint, but I'm 3 disappointed that the part of the problem that 4 affects the people that I represent and, 5 frankly, everybody on the south shore of Lake 6 Ontario may not get the attention it deserves 7 had this bill come up in the normal course. 8 That's my concern. I don't know whether the 9 amendment is here yet. I'll check and see, but 10 that's my concern on this problem. 11 ACTING PRESIDENT KUHL: Is there 12 any other Senator wishing to speak on the bill? 13 (There was no response.) 14 The Secretary will read the last 15 section. 16 SENATOR DOLLINGER: Excuse me, 17 Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson, why do you rise? 20 SENATOR PATERSON: Mr. President, 21 we're on the bill now? 22 ACTING PRESIDENT KUHL: Yes, 23 we're on the bill. 2142 1 SENATOR PATERSON: Oh, well - 2 thank you very much. If Senator Velella would 3 yield for a question. 4 ACTING PRESIDENT KUHL: Senator 5 Velella, do you yield to Senator Paterson? 6 SENATOR VELELLA: Yes. 7 ACTING PRESIDENT KUHL: The 8 Senator yields. 9 SENATOR PATERSON: Senator, the 10 issue of the voluntariness of the insurance 11 companies to start serving the coastal reasons 12 -- regions is something that's laudable, but 13 just in case this doesn't follow through, did 14 you give some consideration perhaps to mandating 15 that in the legislation as was thought might be 16 the case in some of the other bodies? 17 SENATOR VELELLA: Senator, we 18 were reluctant to mandate anything on private 19 businesses. We like to see the marketplace take 20 care of needs. They haven't taken care of these 21 particular needs, so we're trying to address 22 this in a three-step program, the first step 23 being that we are going to allow companies to 2143 1 write different types of insurance, multi-tier 2 insurance so that they can offer the consumers a 3 variety of policies. Hopefully that will help 4 correct some of the market conditions and make 5 insurance available. 6 If that does not work, we then 7 have the voluntary C-MAP program which basically 8 says these are areas that have been defined as 9 having experienced problems in obtaining 10 homeowner insurance. The department has the map 11 there of these areas. The companies -- every 12 major company has now signed on to a voluntary 13 C-MAP program where, if someone cannot get 14 insurance, they will be able to call the 15 department. The department will be able to 16 match them with a willing insurer and get them 17 the policies. That is the second step to help 18 correct the market condition. 19 If that doesn't work, the 20 Superintendent of Insurance will have the power 21 to allow NYPIUA to go into the insurance market 22 and sell homeowner policies much the way they do 23 in our city for property casualty losses that 2144 1 people cannot get insurance for. That is the 2 third tier. 3 Again, we're going to -- we're 4 trying to let the market conditions govern the 5 program and if, in fact, insurance is not 6 available after the first two steps, then there 7 will be a mandatory program which will provide 8 insurance for everyone. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Thank you, 12 Senator. 13 Mr. President, if Senator Velella 14 would continue to yield. 15 SENATOR VELELLA: Yes. 16 ACTING PRESIDENT KUHL: The 17 Senator continues to yield. 18 SENATOR PATERSON: Senator, 19 currently we have a two percent termination 20 limit that we use with respect to auto 21 insurance. Would you consider the possibility 22 of extending that to homeowners to protect some 23 of these coastal regions? 2145 1 SENATOR VELELLA: Well, we did 2 consider that, and we're going to be renewing 3 the auto two percent, I believe this year. It's 4 up for renewal this year. However, I renew that 5 reluctantly. I don't like the idea of just 6 giving companies the right to arbitrarily cancel 7 policies. This bill is about getting companies 8 to write policies, not giving them more rights 9 to cancel policies. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Thank you, 13 Senator. 14 Well, if I put it this way, 15 Senator, right now we actually have a limitation 16 that we do subscribe to the 5,000 policies. My 17 question to you is there are a lot of policies 18 that could be cancelled short of 5,000. So if 19 we're not going to have a percentage limitation, 20 what makes 5,000 the threshold? In other words, 21 why would we not consider lowering the threshold 22 of the number of policies that can be 23 cancelled? 2146 1 SENATOR VELELLA: Senator, what 2 we did do to address the problem -- and you have 3 a legitimate concern here -- is we did require 4 -- and it's in the bill -- that there be an 5 organized, orderly withdrawal of the market if, 6 in fact, the company wants to cancel beyond a 7 number that's specified in the policy which, in 8 our opinion and the opinion of the Department of 9 Insurance, would disrupt the market. They must 10 file an orderly withdrawal plan. It must be 11 approved by the Superintendent of Insurance, and 12 he will have the right to have that plan 13 modified by the company so that they cannot just 14 arbitrarily withdraw from the market. There 15 will be a control over companies that wish to 16 drop their policies. 17 As you know, in Florida right 18 after the hurricanes, companies just walked away 19 from their risks and cancelled haphazardly. 20 This will not -- this will protect the citizens 21 of New York from that type of withdrawal from 22 the marketplace. So that we do touch it, maybe 23 not the way you would like to, but we do touch 2147 1 it in the sense that we're going to stabilize 2 the market and not allow massive withdrawals. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Thank you very 6 much, Senator. 7 Mr. President, on the bill. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson on the bill. 10 SENATOR PATERSON: There are a 11 lot of issues that this bill addresses that we 12 think are quite laudable. What we're saying is 13 that we feel that this bill falls short of what 14 would really be the threshold of adequate 15 protection for homeowners. 16 We have found in the last few 17 years with a tremendous amount of storm damage 18 and flood damage and other natural disasters, 19 particularly on the eastern seaboard, that we've 20 had widespread cancellations, and although there 21 are a lot of protections that are built in, if 22 you have 100 policies and you have a two percent 23 cutoff, it means that only two policies can be 2148 1 cancelled. Right now, as it stands, these 2 insurance companies could cancel 100 policies in 3 an area. They don't often confine themselves to 4 particular areas of geographic location and in 5 cases like this, we think that the ramifications 6 can be quite serious. The New York Property 7 Insurance Underwriters Association, the whole 8 existence of it came because of the fact that 9 there was widespread cancellation in particular 10 areas. 11 We congratulate Senator Velella 12 for his work on the subject but would be looking 13 forward to stronger protections to individuals 14 who pay into their insurance plans and do not 15 expect to have random cancellations just because 16 the insurance company is not turning the profit 17 that it expected in the particular area. 18 There is a risk to the consumer. 19 There must also be a risk to the -- to the 20 company. We are not trying to put any grave or 21 undue responsibilities or burdens on the 22 insurance companies. We're just advocating that 23 with a little stronger protection in this 2149 1 legislation, that there would be far more of an 2 adequate value to all who are involved. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 13. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger to explain his vote. 12 SENATOR DOLLINGER: To explain my 13 vote, Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger to explain his vote. 16 SENATOR DOLLINGER: I'm going to 17 vote in favor of this piece of legislation. I 18 too join Senator Paterson in commending Senator 19 Velella for dealing with a very particular 20 problem. 21 Unfortunately, I thought I had 22 something to add that might have made it even a 23 better solution which might have helped the 2150 1 people I represent, and it seems to me that when 2 we -- when we undergo in this process, coming 3 out of the Rules Committee on short notice -- I 4 didn't see the bill until this morning -- we cut 5 off the ability of the committee process to 6 perhaps improve even what may be a quality piece 7 of legislation and allow the broader statewide 8 benefit of solving a problem that exists in the 9 other parts of the state, a long ways away from 10 the coastal problem on Long Island or in New 11 York City, and it seems to me when we do that, 12 we diminish the committee process. 13 I understand that there may be 14 negotiations and discussions with our colleagues 15 on the other side. I understand as a practical 16 matter, we may want to put our position on the 17 table for them to give them notice of what our 18 posture will be, but at the same time, it seems 19 to me that by this hurry-up process, we may lose 20 the chance to improve upon it to solve a problem 21 in my neck of the woods as well. 22 I'm a realist. I understand that 23 perhaps introducing it at this late stage may 2151 1 not assure its passage by this house, but when 2 the problem comes to my desk -- I don't sit on 3 the Insurance Committee anymore. When a problem 4 comes to my desk and I see a solution that might 5 help the people in my community deal with a 6 long-standing problem, I'd like to at least have 7 a chance to put it on the floor. 8 So my hope is maybe the bill will 9 come back on Monday, and maybe I'll have a 10 chance to talk to my Assembly colleague, 11 Assemblyman Robach, who represents the Greece 12 community to see whether we could get a 13 bipartisan support for this. 14 So I'm going to vote in favor of 15 it. It's got lots of good things in it. I 16 think it might have been a tad better. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger will be recorded in the affirmative. 19 SENATOR VELELLA: Mr. President, 20 to explain my vote. 21 ACTING PRESIDENT KUHL: Senator 22 Velella to explain his vote. 23 SENATOR VELELLA: Mr. President, 2152 1 I share the concern that Senator Dollinger has 2 about his particular area, but I would call to 3 mind the fact that he did serve on the Insurance 4 Committee. This task force has been functioning 5 for over almost two years now, and I certainly 6 was not made aware of the request of anybody to 7 include areas outside the targeted areas that 8 the task force had looked at, and we will 9 certainly look at that for future legislation. 10 However, if you draft your amendment, you're 11 going to have to be very careful because I don't 12 know what the federal flood insurance program is 13 all about yet. They haven't passed it. So if 14 we're going to do something to supplement it, we 15 ought to have an idea of where they're going. 16 It's sort of the same problem 17 we're facing with our budget, and I would point 18 out to you that in voting for this, you are 19 supporting the creation of a task force by the 20 state with appointments by the respective 21 leadership to look into the problem of 22 coordinating benefits when the fed's finally put 23 their flood insurance in place. That might be 2153 1 the proper place for you and the representatives 2 of the Minority Leader to look at piggybacking 3 that on to the issue that you face. 4 Thank you. I vote in the 5 affirmative. 6 ACTING PRESIDENT KUHL: Senator 7 Velella will be recorded in the affirmative. 8 The Chair recognizes Senator 9 Johnson to explain his vote. 10 SENATOR JOHNSON: Mr. President, 11 I just stand to congratulate Senator Velella and 12 his task force, the Governor and the people in 13 his office and the department for coming up with 14 this bill. 15 We have been laboring for several 16 years under continuing cancellations in coastal 17 areas with no alternative coverage being 18 available other than minimum NYPIUA fire 19 coverage, no burglary, no liability coverage. 20 It's been very onerous and very expensive to try 21 to fill that gap. It's negatively affected home 22 sales on Long Island and just plain living 23 standard, knowing that you can't afford the 2154 1 coverage you need to keep your home. 2 There was a voluntary plan 3 proposed, which is the C-MAP plan, is going into 4 effect on Monday, which is very welcome, but we 5 did need a further stick in case the Department 6 had to act to assure coverage, and that's going 7 to be available through the voluntary actions of 8 companies under their wrap-around policy and the 9 greater rates that they can charge in different 10 areas for homeowners, and also the fact that the 11 Superintendent can't have NYPIUA write 12 homeowners policies directly if other incentives 13 and initiatives don't work out properly. 14 So I would like to commend, 15 again, the chairman and everyone working on this 16 bill for bringing it forth. It's certainly very 17 necessary and a very timely thing. 18 Thank you. I vote aye. 19 ACTING PRESIDENT KUHL: Senator 20 Johnson will be recorded in the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT KUHL: The bill 2155 1 is passed. 2 Senator Skelos, that completes 3 the non-controversial calendar. 4 SENATOR SKELOS: Before we go to 5 the controversial calendar, would you please lay 6 aside for the day Calendar Number 308, by 7 Senator Lack. 8 ACTING PRESIDENT KUHL: Calendar 9 Number 308 is laid aside for the day. 10 SENATOR SKELOS: And I believe 11 there's one last bill, Calendar Number 70, by 12 Senator Levy. 13 ACTING PRESIDENT KUHL: Ask the 14 Secretary to read Calendar Number 70. 15 THE SECRETARY: Calendar Number 16 70, by Senator Levy, Senate Print 347-A, an act 17 to amend the New York City Charter and the 18 Public Authorities Law, in relation to the 19 inspection of the Metropolitan Transportation 20 Authority. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Levy, an explanation of Calendar Number 70 has 2156 1 been requested by the Acting Minority Leader, 2 Senator Paterson. 3 SENATOR LEVY: Senator Paterson, 4 this bill originally came to us from the former 5 mayoral administration. 6 SENATOR PATERSON: I'm sorry, 7 Senator. I'm consulting with counsel. Senator, 8 New York City - 9 SENATOR LEVY: I would like to 10 just continue for a moment, okay? 11 Senator Paterson, this bill came 12 to us from the former mayoral administration, 13 including the former fire commissioner, and what 14 the bill does would be to permit the fire 15 department of the city of New York to take a 16 look very, very importantly at all of the 17 facilities of the MTA, and -- and it then - 18 then would require reporting to the city as to 19 whether the MTA, whether it's their public 20 buildings, their tunnels located in the city of 21 New York, whether they were in compliance with 22 New York City's fire laws. 23 Now, we have passed this bill 2157 1 consistently in this house. The bill was 2 developed by the New York City Fire Department 3 after a very extensive report that was put 4 together by the fire department after the 5 bombing of the World Trade Center. 6 Now, I'm very, very disappointed 7 -- I want to say this on the floor -- with the 8 memorandum that was put out by the MTA. I'm 9 really surprised by it because it is -- it's 10 patently false and misleading. It says that 11 what this bill would do would make the MTA and 12 its facilities in the City subject to the New 13 York City fire codes. That's not what this bill 14 does. It merely authorizes the department to 15 take a look at the MTA's facilities and then do 16 a report, and you'll remember for many, many 17 years, because of the New York City Fire 18 Department and prior administrations, there was 19 great concern about the World Trade Center not 20 being subject -- the second tallest building in 21 the world not being subject to New York City's 22 very, very strict fire safety laws, and we tried 23 for many, many years to get New York and New 2158 1 Jersey, at least in New York State, to permit 2 the New York City Fire Department to inspect the 3 World Trade Center. So that's all this bill 4 does, Senator Paterson. 5 ACTING PRESIDENT KUHL: Senator 6 Paterson. 7 SENATOR PATERSON: Thank you, Mr. 8 President. 9 Senator Levy, let me make this 10 quite clear. I think this is an excellent 11 bill. I was as surprised as you were to see 12 this memorandum, and I thought I would give you 13 a chance on the record to explain how the New 14 York City Charter would really not be basically 15 relevant to what you're proposing in this 16 legislation, and what I wanted to correct would 17 be anybody's fears or anxieties that it actually 18 would interfere with the Charter. 19 SENATOR LEVY: Well, Senator 20 Paterson, this bill is merely an authorization 21 bill permitting the City Fire Department to make 22 those inspections. It doesn't require them to 23 make them, and certainly they're going to do it 2159 1 if they have the authorization, unless the mayor 2 tells them not to do it. 3 I would hate to be standing on 4 this floor really, Senator, at some future time 5 where we have some catastrophic incident that is 6 fire -- fire-driven because of an omission in 7 fire safety and the New York City Fire 8 Department then even with this mayor, says, you 9 know, "Things might have been different if we 10 were able to get in there and inspect, for 11 example, the tunnels of the Transit Authority." 12 ACTING PRESIDENT KUHL: Senator 13 Paterson. 14 SENATOR PATERSON: Thank you, 15 Senator Levy. 16 Mr. President, on the bill. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson on the bill. 19 SENATOR PATERSON: What Senator 20 Levy just described actually happened. The 21 investigation after the World Trade Center 22 disaster revealed that there was omission of 23 some fire safety codes, and it really was the 2160 1 fact that there wasn't a clearly defined 2 opportunity for the department to come in and 3 conduct those investigations. I think that that 4 is what this bill accomplishes, and we're very 5 happy that Senator Levy introduced it. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 is there any housekeeping at the desk? 19 ACTING PRESIDENT KUHL: Senator 20 Goodman, why do you rise? 21 SENATOR GOODMAN: Mr. President, 22 I wish to be recorded in the negative on the 23 vote just taken. 2161 1 ACTING PRESIDENT KUHL: Without 2 objection. 3 (There was no response.) 4 Hearing no objection, Senator 5 Goodman will be recorded in the negative on 6 Calendar Number 70. 7 Senator Skelos, we have a report 8 from the Elections Committee. If we could 9 return to reports of standing committees, we'd 10 like to read. 11 SENATOR SKELOS: If we could 12 return to reports of standing committees and 13 please have the report read. 14 ACTING PRESIDENT KUHL: Return to 15 reports of standing committees and I'll ask the 16 Secretary to read. 17 THE SECRETARY: Senator Maltese, 18 from the Committee on Elections, offers up the 19 following bills: 20 Senate Print 2978, by Senator 21 Gold, an act to amend the Election Law, in 22 relation to allowing a child to accompany a 23 parent in the voting booth; 2162 1 3084, by Senator Maltese, an act 2 to amend the Election Law, in relation to 3 political committees; 4 4280, by Senator Maltese, an act 5 to amend the Election Law, in relation to 6 processing applications for registration to 7 vote; 8 4469, by Senator Johnson, an act 9 to amend the Election Law, in relation to the 10 transmitting of certain information in computer 11 readable forms; 12 5739, by Senator Volker, an act 13 to amend the Election Law, in relation to 14 determination of ballot positions. 15 All bills directly for third 16 reading. 17 ACTING PRESIDENT KUHL: All bills 18 are ordered directly to third reading. 19 Senator Skelos, there is no other 20 housekeeping at the desk at this time. 21 SENATOR SKELOS: Thank you, Mr. 22 President. 23 There being no further business, 2163 1 I move we adjourn until Monday, March 18th, 1996 2 at 3:00 p.m. sharp, intervening days to be 3 legislative days. Have a good week. 4 ACTING PRESIDENT KUHL: Without 5 objection, the Senate stands adjourned until 6 Monday, March 18th at 3:00 p.m., all intervening 7 days to be legislative days. 8 (Whereupon, at 11:45 a.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23