Tuesday, March 4, 1997

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 4, 1997 10 3:05 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. Would everyone rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 May we bow our heads in a moment 8 of silence. 9 (A moment of silence was 10 observed.) 11 The reading of the Journal, 12 please. 13 THE SECRETARY: In Senate, 14 Monday, March 3rd. The Senate met pursuant to 15 adjournment. The prayer by the Reverend Peter 16 G. Young, Blessed Sacrament Church, Bolton 17 Landing. The Journal of Sunday, March 2nd, was 18 read and approved. On motion, the Senate 19 adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees. 1 The Secretary will read. 2 THE SECRETARY: Senator Wright, 3 from the Committee on Alcoholism and Drug Abuse, 4 reports the following bills: 5 Senate Print 37, by Senator Levy, 6 an act in relation to requiring the Department 7 of Motor Vehicles; 8 52, by Senator Levy, an act to 9 amend the Vehicle and Traffic Law, in relation 10 to permitting sentencing; 11 404, by Senator Maziarz, an act 12 to amend the Vehicle and Traffic Law, in 13 relation to victim impact programs; 14 2083, by Senator Cook, an act to 15 amend the Insurance Law. 16 Senator Marcellino, from the 17 Committee on Environmental Conservation, reports 18 the following bills: 19 Senate Print 1785, by Senator 20 Saland, an act to amend Chapter 748 of the Laws 21 of 1991; and 22 Senate 2369, by Senator Larkin, 23 an act to amend the Navigation Law. 24 Senator Stafford, from the 25 Committee on Finance, reports the following 1 bills: 2 Senate Print 310, by Senator 3 Skelos, an act to amend the Executive Law; 4 697-A, by Senator Nozzolio, an 5 act to authorize the New York State Urban 6 Development Corporation; and 7 Senate Print 1684, by Senator 8 Farley, an act to amend the Executive Law. 9 All bills ordered directly for 10 third reading. 11 THE PRESIDENT: All bills direct 12 to third reading. 13 Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 I believe that there's a report from the Finance 16 Committee. Can we have it read at this time? 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, offers the 21 following nominations: Member of the state 22 Commission of Correction, Thomas Joseph Goldrick 23 of Blauvelt. 24 SENATOR JOHNSON: Move the 25 nomination. 1 THE PRESIDENT: Senator? 2 SENATOR JOHNSON: Move the 3 nomination. 4 THE PRESIDENT: The question is 5 on the confirmation of Thomas Joseph Goldrick as 6 a member of the state Commission of Correction. 7 Oh, I'm sorry. Senator Holland. 8 SENATOR HOLLAND: I would like to 9 say a few words about Sheriff Goldrick, a 10 personal friend of mine for many, many years. 11 I'm proud to be able to recommend 12 a long time friend, Tom Goldrick, as a member of 13 the Correction Commission. Tom's impressive 14 credentials and experience in law enforcement 15 span nearly 50 years. He has 21 years as a 16 police officer in New York City, 13 years as a 17 professor of criminal justice, much of it at 18 Rockland Community College -- if not all, Tom - 19 ten years as the Rockland County Sheriff -- and 20 we still call him "Sheriff" -- where I got to 21 know Tom and experienced firsthand his stellar 22 record in the field of public safety. Tom has 23 previously served on the Commission for three 24 years. 25 During his tenure, Tom Goldrick 1 contributed to a team at the Commission which 2 earned accolades from sheriffs around the state, 3 from the New York State Department of 4 Correctional Services and from the New York City 5 Department of Correction. Under Tom Goldrick, 6 the Commission worked diligently for a strong 7 and effective criminal justice system, one which 8 reflects the tough anti-crime agenda advanced by 9 Governor Pataki. 10 On a personal level, Tom is 11 endowed with the personality, capacity and 12 temperament to form and sustain a positive 13 working relationship with colleagues and 14 constituents. It is this ability which has 15 contributed to an outstanding career in criminal 16 justice. 17 I am very happy and I highly 18 recommend Tom Goldrick, and I'm proud to second 19 his nomination. Good luck again, Thomas. 20 ACTING PRESIDENT KUHL: Is there 21 any other Senator wishing to speak on the 22 nomination? 23 (There was no response.) 24 Hearing none, the question is on 25 the nomination of Thomas Joseph Goldrick of 1 Blauvelt, New York to become a member of the 2 state Commission of Correction. All those in 3 favor of the nomination signify by saying aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The nominee is unanimously 8 confirmed. 9 I'm very pleased to have Mr. 10 Goldrick in the chamber with us. Congratula 11 tions and good luck. 12 (Applause) 13 ACTING PRESIDENT KUHL: The 14 Secretary will continue to read the report of 15 the Finance Committee. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, offers the 18 following nomination: Member of the state 19 Commission of Correction, Patricia R. Tappan of 20 Baldwinsville. 21 ACTING PRESIDENT KUHL: Senator 22 Johnson. 23 SENATOR JOHNSON: Move the 24 nomination. 25 ACTING PRESIDENT KUHL: Is there 1 any Senator wishing to speak on the nomination? 2 The Chair recognizes Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: Yes. 5 Patricia Tappan is from the great 6 49th Senate District, the home of the Syracuse 7 Orangemen and many, many other great things. 8 Pat is an excellent choice for 9 this position. She's served many, many years in 10 the corrections area, most recently as the 11 Commissioner of Corrections of the Onondaga 12 County Department of Corrections. She's well 13 respected in the community. She's an individual 14 who not only does her job but she's been 15 involved in so many community projects as a 16 community leader that I can go on for a long 17 time listing them. They include the boys - 18 director of the Boys' Club, the Volunteer 19 Center, the Child and Family Services, the 20 president of St. Mary's Roman Catholic Church. 21 She was a founder and first president of the 22 Baldwinsville Community Scholarship Foundation, 23 founder and first president of the Discovery 24 Center in Syracuse, was -- just opened an 25 Omnimax theatre which is an incredible tourism 1 attraction in Central New York that I invite all 2 of you to. 3 The point I'm trying to make is 4 Governor Pataki outdid himself in this 5 particular appointment. It's a quality person 6 with all the experience that will make a great 7 addition to the department, and I congratulate 8 Governor Pataki and I congratulate Pat, and I'm 9 very pleased to see this nomination and I'm 10 hoping it will be unanimous. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Nozzolio on the nomination. 13 SENATOR NOZZOLIO: Thank you, Mr. 14 President. 15 Mr. President, my colleagues, I 16 wish to echo the sentiments of Senator 17 DeFrancisco in praising Governor Pataki's 18 appointment of Patricia Tappan to the Commission 19 on Corrections, that I have had the opportunity 20 to study the background and experience of the 21 nominee as a result of my chairmanship with the 22 Crime Victims, Crime and Corrections Committee 23 and the members of the Committee are extremely 24 impressed with truly a corrections professional 25 before us as Governor Pataki's nominee to serve 1 on the Commission, that the nominee has worked 2 hands-on in the correctional system and this 3 experience will serve her extremely well and the 4 Commission extremely well and all of us as she 5 reviews the important correctional policies and 6 their implementations in this state. 7 The Commission on Corrections is 8 entering in a very critical period, that we have 9 this state's correctional system with its state 10 and local jails, certainly a very important 11 crossroads, and that the Commission on 12 Corrections becomes all that more important in 13 dealing with not just state correctional issues 14 but those on the local level as well, and that's 15 why the Governor is to be praised for his wisdom 16 in putting forth this nomination of Patricia 17 Tappan. 18 I congratulate Governor Pataki, 19 Senator DeFrancisco and urge my colleagues to 20 support this very fine nominee. 21 ACTING PRESIDENT KUHL: Is there 22 any other Senator wishing to speak on the 23 nomination? 24 Senator Meier on the nomination. 25 SENATOR MEIER: Mr. President, I 1 would just like to point out that although 2 Patricia Tappan resides in the great 49th, she 3 comes to the great 47th to relax and enjoy 4 herself at her vacation home. 5 This is an outstanding nomination 6 by our Governor. She brings great practical 7 experience to the Commission of Correction and 8 I'm proud to also urge my colleagues that this 9 warrants unanimous confirmation. 10 Thank you, Mr. President. 11 ACTING PRESIDENT KUHL: Is there 12 any other Senator wishing to speak on the 13 nomination? 14 (There was no response.) 15 Hearing none, the question is on 16 the nomination of Patricia R. Tappan of 17 Baldwinsville to become a member of the state 18 Commission of Correction. All those in favor of 19 the nomination signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The nominee is unanimously 24 confirmed. 25 We're very pleased to have 1 Patricia Tappan in the gallery to my right, 2 along with her husband John and her son Eric. 3 Thank you very much for coming. We appreciate 4 your contribution seemingly in the near future, 5 and good luck. 6 (Applause) 7 ACTING PRESIDENT KUHL: The 8 Secretary will continue to read the report of 9 the Finance Committee. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, offers the 12 following nomination: Member of the State Fire 13 Prevention and Building Code Council, James J. 14 Yarmus of New City. 15 ACTING PRESIDENT KUHL: Senator 16 Johnson. 17 SENATOR JOHNSON: Move the 18 nomination. 19 ACTING PRESIDENT KUHL: Any 20 Senator wishing to speak on the nomination? 21 (There was no response.) 22 Nearing none, the question is on 23 the nomination of James J. Yarmus of New York 24 City to become a member of the state Fire 25 Prevention and Building Code Council. All those 1 in favor of the nomination signify by saying 2 aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The nominee is confirmed. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, offers the 11 following nomination: Youth member of the state 12 Council on Youth, Justin Taylan of Hyde Park. 13 ACTING PRESIDENT KUHL: Senator 14 Johnson. 15 SENATOR JOHNSON: Mr. President, 16 move the nomination. 17 ACTING PRESIDENT KUHL: Any 18 Senator wishing to speak on the nomination? 19 (There was no response.) 20 Hearing none, the question is on 21 the nomination of Justin Taylan of Hyde Park to 22 become a youth member of the state Council on 23 Youth. All those in favor of the nomination 24 signify by saying aye. 25 (Response of "Aye".) 1 Opposed, nay. 2 (There was no response.) 3 The nominee is confirmed. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: Senator Stafford, 7 from the Committee on Finance, offers the 8 following nomination: Youth member of the state 9 Council on Youth, Kelly Van Patten of 10 Schenectady. 11 ACTING PRESIDENT KUHL: Senator 12 Johnson. 13 SENATOR JOHNSON: Mr. President, 14 move the nomination. 15 ACTING PRESIDENT KUHL: Is there 16 any Senator wishing to speak on the nomination? 17 (There was no response.) 18 Hearing none, the question is on 19 the nomination of Kelly Van Patten of 20 Schenectady, New York to become a member -- a 21 youth member of the state Council on Youth. All 22 those in favor of the nomination signify by 23 saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The nominee is confirmed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, offers the 7 following nomination: Member of the Small 8 Business Advisory Board, Catherine Crowley of 9 New York City. 10 ACTING PRESIDENT KUHL: Senator 11 Johnson. 12 SENATOR JOHNSON: Mr. President, 13 move the nomination. 14 ACTING PRESIDENT KUHL: Any 15 member wishing to speak on the nomination? 16 (There was no response.) 17 Hearing none, the question is on 18 the nomination of Catherine Crowley of New York 19 City to become a member of the Small Business 20 Advisory Board. All those in favor of the 21 nomination signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 24 (There was no response.) 25 The nominee is confirmed. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, offers the 5 following nomination: Member of the Small 6 Business Advisory Board, Emma Kounine of 7 Mahopac. 8 ACTING PRESIDENT KUHL: Senator 9 Johnson. 10 SENATOR JOHNSON: Mr. President, 11 move the nomination. 12 ACTING PRESIDENT KUHL: Is there 13 any Senator wishing to speak on the nomination? 14 (There was no response.) 15 Hearing none, the question is on 16 the nomination of Emma Kounine of Mahopac, New 17 York, to become a member of the Small Business 18 Advisory Board. All those in favor signify by 19 saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The nominee is confirmed. 24 Are there any reports of select 25 committees? 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Tully. 5 SENATOR TULLY: Thank you, Mr. 6 President. 7 On behalf of Senator Holland, 8 please remove the sponsor's star from Calendar 9 Number 146. 10 ACTING PRESIDENT KUHL: At the 11 request of the sponsor, the star is removed on 12 Calendar Number 146. 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: No. I'm 15 just going outside. 16 ACTING PRESIDENT KUHL: Have a 17 nice trip. 18 Senator Wright. 19 SENATOR WRIGHT: Thank you, Mr. 20 President. 21 I have a privileged resolution at 22 the desk. I would ask that it be read in its 23 entirety. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the title to the privileged 1 resolution at the desk. 2 THE SECRETARY: Legislative 3 Resolution 531, by Senator Wright, memorializing 4 Governor George E. Pataki to recognize Tuesday, 5 March 4, 1997 as "Small Business Day" in the 6 state of New York; 7 WHEREAS, small businesses are 8 vital to our nation's economy and our way of 9 life, constituting the singlemost important 10 segment of our free enterprise system; and 11 WHEREAS, small businesses 12 generate virtually all new jobs arising in New 13 York State. 14 The contributions made by small 15 business owners are too often taken for granted 16 even though they often risk their financial 17 security to create jobs, pay taxes and produce 18 goods and services for the people of New York 19 State. 20 Small businesses are the source 21 of many innovations in products and 22 merchandising and have made significant 23 contributions to our state and our society. 24 Small businesses in New York 25 State exert a strong positive influence on the 1 political, economic and social development of 2 the state, and the future welfare of the state 3 depends on the continued development of small 4 business; and 5 WHEREAS, the members of the New 6 York State Assembly and Senate wish to proclaim 7 their recognition of small business as a crucial 8 element in the economy of New York State; now, 9 therefore, be it 10 RESOLVED, that this legislative 11 body pause in its deliberations to congratulate 12 all small business owners who operate in New 13 York State on their achievements and to 14 memorialize Governor George E. Pataki to 15 recognize Tuesday, March 4, 1997 as "Small 16 Business Day" in the state of New York; and be 17 it further 18 RESOLVED, that a copy of this 19 resolution, suitably engrossed, be transmitted 20 to Governor George E. Pataki. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Wright on the resolution. 23 SENATOR WRIGHT: Thank you, Mr. 24 President. 25 First, let me begin by opening 1 the resolution for sponsorship to any member of 2 the Senate, and let me also recognize a number 3 of individuals who have joined us today that are 4 in the gallery who are here at the Capitol 5 meeting with their representatives in the Senate 6 as well as in the Assembly, sharing their 7 perspective on what is occurring in New York 8 State and the business climate for small 9 businesses. 10 I think we've all recognized the 11 changes that have occurred in the last two years 12 in this state and we've seen those very positive 13 changes in terms of $3 billion in private sector 14 investments that have been made in our state 15 over the last two years in terms of $5.3 billion 16 in payroll that have been created in the last 17 two years in this state, and in many instances 18 those investments and those increases in payroll 19 have been made by men and women like those who 20 are in our gallery who have made the commitment 21 to New York State, to its people, who have 22 stayed here, who have weathered the storm 23 historically and now are creating the jobs and 24 driving this economy and the growth that New 25 York State is seeing. 1 So we're very pleased to welcome 2 them to the Capitol today to take the 3 opportunity to listen to their concerns, to 4 spend the day meeting with them and their 5 representatives from the Business Council and 6 the National Federation of Independent 7 Businessmen. 8 I would also, briefly, Mr. 9 Chairman -- Mr. President, take the opportunity 10 to recognize one of those individuals, Jerry 11 McDonald, who has been selected as the advocate 12 for small business in New York State by both the 13 Business Council and the NFIB. 14 Jerry is -- started in 1991 as an 15 advocate for small business in the Broome County 16 area, serving as the first chairman of the Small 17 Business Council in Broome County, having taken 18 those skills, advanced them to the state level, 19 being a founder of the first state Council on 20 Small Business, and has demonstrated over the 21 last 20 years that commitment to small business 22 and to this state. 23 He has also been active in 24 numerous organizations throughout Broome County 25 and he's typical of the type of individual who 1 has committed himself to New York State and to 2 this business climate that we're starting to 3 see. 4 So I would like to recognize 5 Jerry and ask him to stand and be recognized by 6 the chambers. 7 Jerry McDonald. 8 (Applause) 9 SENATOR WRIGHT: Mr. President, 10 if I may at this time, I would like to defer to 11 my colleague, Senator Libous, from Broome 12 County. 13 ACTING PRESIDENT KUHL: The Chair 14 recognizes Senator Libous. 15 SENATOR LIBOUS: Thank you, Mr. 16 President. 17 And thank you, Senator Wright, 18 and, Senator Wright, let me first applaud you 19 for recognizing small business here in the 20 Senate chamber today. I think all too often we 21 tend to look at accomplishments in New York 22 State, when it comes to business, in large 23 numbers and talk about large companies, but it 24 is the little company, the little business, the 25 one, two, three, four, five and fifty and on up, 1 those are the companies that actually fuel the 2 engine in New York State, and I want to applaud 3 you for recognizing small business today and it 4 is an honor for me to stand on this floor and 5 talk about Jerry McDonald. 6 Jerry McDonald has been a friend 7 of mine for a number of years and, as Senator 8 Wright mentioned, he was one of the first to 9 chair the Small Business Council of the Broome 10 County chamber and, Mr. President, back about 15 11 years ago when I was working in the private 12 sector, I served on a number of those 13 committees, and I see Jerry kind of smiling. I 14 hope my service was a good service at the time, 15 but he was always there for the small business 16 person. Always pushing, always trying to get 17 the point across that what's important, not only 18 in the Broome County area but also throughout 19 New York State, is that it's small business 20 people that really make this state go. It's the 21 small business people who dedicate their entire 22 lives, and coming from a family of small 23 business people, I recognize that because as 24 growing up, Jerry, like you and many of your 25 colleagues that are joining us here today, my 1 father put in 14 hours a day at the grocery 2 store seven days a week, and it was very seldom 3 that we saw him. As a matter of fact, the only 4 opportunity I got to see him was if I joined him 5 in stocking shelves and had the opportunity to 6 spend some time with him, because that's the 7 kind of commitment that small business people 8 make and, you know something, they don't ask for 9 a lot. 10 Jerry McDonald has worked over 11 the last 15 years in Broome County and 12 statewide. His recognition today is certainly 13 proper and, you know, he's done so much in 14 working with our community, with the Broome 15 County Board of Realtors. He serves and works 16 tirelessly on the BC Open, which is a golf 17 tournament we have in Broome County which is on 18 the PGA tour. He has been a very active leader 19 when it comes to our library system, in talking 20 about the Broome County library system, and he 21 also serves with CEP, which is a non-private 22 provider of housing for the elderly. 23 Mr. President, it is, indeed, an 24 honor for me to salute Jerry McDonald this 25 afternoon, and I too would like to recognize 1 that many of his colleagues in small business 2 have joined him today and they're up in the 3 gallery, and I would ask if they would just 4 stand for a moment because they recognize the 5 hard work and the perseverance that Jerry 6 McDonald has put in. These are all the people 7 that Jerry has worked with in the Broome County 8 area and he has taken this group with him 9 statewide when they try to push for what's right 10 for small business. 11 ACTING PRESIDENT KUHL: Is there 12 any other Senator wishing to speak on the 13 resolution? 14 (There was no response.) 15 Hearing none, the question is on 16 the resolution. All those in favor signify by 17 saying aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The resolution is unanimously 22 adopted. 23 Senator Meier. 24 SENATOR MEIER: Mr. President, on 25 behalf of Senator Levy, I announce an immediate 1 meeting of the Transportation Committee in Room 2 332. 3 ACTING PRESIDENT KUHL: There 4 will be an immediate meeting of the 5 Transportation Committee, immediate meeting of 6 the Transportation Committee in the Majority 7 Conference Room, Room 332. 8 Senator Wright has left - 9 Senator Wright, you wanted to open up that 10 resolution to everybody, is that correct? 11 SENATOR WRIGHT: That's correct. 12 ACTING PRESIDENT KUHL: Senator 13 Meier, we had an indication from several members 14 at the desk that they would like to go on that 15 resolution. Following past practice, if we 16 could put everybody on -- if that's okay with 17 you -- except those who indicate they don't want 18 to be on the resolution, that would serve save 19 the desk a lot of time. 20 SENATOR MEIER: That would be 21 acceptable. 22 ACTING PRESIDENT KUHL: That's 23 what we'll do. I'll direct the Secretary to do 24 that. 25 The Chair recognizes Senator 1 Meier. We're still on motions and resolutions. 2 SENATOR MEIER: Mr. President, 3 may we at this time adopt the balance of the 4 Resolution Calendar, and would you then please 5 recognize Senator Goodman. 6 ACTING PRESIDENT KUHL: If it's 7 all right with you, Senator Meier, the motion is 8 to adopt the Resolution Calendar excepting 9 Resolution Number 533, the resolution by Senator 10 Goodman. We'll return to that in a minute. 11 All those in favor of adopting 12 the Resolution Calendar signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The Resolution Calendar is 17 adopted. 18 We'll return to Resolution Number 19 533. I'll ask the Secretary to read the title. 20 THE SECRETARY: By Senator 21 Goodman, Legislative Resolution 533, saluting 22 Arts Day in New York, 1997, to be held on March 23 4, 1997. 24 ACTING PRESIDENT KUHL: The Chair 25 recognizes Senator Goodman on the resolution. 1 SENATOR GOODMAN: Mr. President, 2 this has, indeed, been a festive and very 3 special day because it's Arts Day 1997. 4 The state Senate has a special 5 identification with this day because, as all of 6 my colleagues will recall, the Senate has always 7 taken a great initiative in doing everything 8 within its power to advance the arts and 9 cultural affairs in the state of New York. This 10 day was quite remarkable in several respects. 11 First of all, we had a glorious 12 meeting and a press conference with the 13 Governor, who announced a new educational and 14 arts initiative which links arts awareness with 15 education in some several very unique ways which 16 have not heretofore been part of the state's 17 education effort, and this was a signal and in 18 every way a pioneering venture furthered by the 19 new chairman of the Council on the Arts, Mr. 20 Earl Mack. 21 We then proceeded to a rally at 22 Hearing Room A, in which I'm delighted to report 23 that none other than Lauren Bacall and several 24 other noted celebrities were together for the 25 purpose of extolling the virtues of the arts. 1 These celebrities include Kitty Carlisle-Hart, 2 Mr. Jeffrey Holder, Miss Betty Comden, Miss 3 Martha Stewart, Miss Brett Sommers and Mr. Al 4 Levin, and the message which all united to 5 convey is one which I very succinctly remind the 6 house that is highly important to all of us; 7 namely, the arts are not only significant for 8 their spiritual and cultural upliftment but they 9 also are our mighty economic engine which helps 10 to drive the state's economy in very significant 11 ways. 12 A recent study by the Port of New 13 York Authority has indicated that in the greater 14 New York City area alone, the arts account for 15 some $9 billion of commerce. This makes the 16 arts probably the third largest revenue producer 17 in the state and is in no small measure 18 responsible for the prosperity which New York is 19 enjoying under this administration. 20 Now, let me point out that it was 21 not so long ago -- it was only in the early 22 1980s -- that the state arts budget through the 23 New York State Council on the Arts, was some $59 24 million. Today it stands at the level of 25 approximately $30 million and change, which 1 represents a startling reduction in the amount 2 that we commit to our arts. 3 I would like to remind you, 4 ladies and gentlemen, that in Germany alone, $2 5 billion a year is spent simply for the 6 subsidization of music. In the United States of 7 America, we actually spend more on marine bands 8 than we do on the whole commitment which we have 9 to the subsidizing of the arts nationwide. 10 So that our priorities are not 11 always in full recognition of the significance 12 of this great area, and the importance of Arts 13 Day here in the Capitol is that we declare 14 ourselves in the fullest possible support of the 15 arts and will seek to increase the arts budget 16 by some $6.6 million, but let it be noted that 17 under this Governor we have for the first time 18 in many years a reversal of form in that the 19 Governor has brought in an Executive Budget 20 which has an arts commitment which is somewhat 21 greater than that of last year. 22 This is a Governor who goes to 23 the theatre, to the ballet, to symphonic and 24 operatic performances. He not only speaks 25 glowingly of the arts but he's actually a 1 participant, along with his gracious wife Libby, 2 and so we're enormously pleased, Mr. President, 3 that Arts Day this year has been a crashing 4 success, that it has carried with it a clarion 5 call to greater commitment to the arts for the 6 Empire State which will bring countless benefits 7 and good living to those of us who are fortunate 8 to attend these concerts, and that includes the 9 elderly and our students and many under 10 privileged people who would in no other way have 11 an opportunity to expand their horizons. 12 The arts provide us with a key to 13 the gates of our slums. I'd rather put a 14 piccolo in the hands of a youngster than a gun, 15 and I'd rather put a crayon in the hands of a 16 youngster than a packet of cocaine. These are 17 the values for which we stand and these are the 18 things which cause us to feel so deeply that the 19 arts has a tremendous future in the Empire 20 State. 21 ACTING PRESIDENT KUHL: Is there 22 any other Senator wishing to speak on the 23 resolution? 24 (There was no response.) 25 Hearing none, the question is on 1 Resolution 533, by Senator Goodman. All those 2 in favor signify by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 SENATOR GOODMAN: Mr. President, 6 may I ask that the resolution be open to all 7 members who wish to participate. 8 ACTING PRESIDENT KUHL: Are there 9 any members who would like to be on the 10 resolution before it's adopted? 11 Seeing several hands, Senator 12 Meier, may we take the same process? We'll put 13 every member on the resolution except for those 14 who don't wish to be on the resolution. 15 SENATOR MEIER: Put all members 16 on the resolution. 17 ACTING PRESIDENT KUHL: Okay. 18 The resolution is adopted. 19 The Chair recognizes Senator 20 Smith for a motion. 21 SENATOR SMITH: Thank you, Mr. 22 President. 23 On behalf of Senator Stavisky, I 24 move that the following bills be discharged from 25 their respective committees and be recommitted 1 with instructions to strike the enacting clause, 2 and that would be S.1361. 3 ACTING PRESIDENT KUHL: So 4 ordered. 5 Any other motions and 6 resolutions? 7 Senator Meier, that brings us to 8 the calendar. 9 SENATOR MEIER: Mr. President, 10 could we now take up the non-controversial 11 calendar. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the non-controversial 14 calendar. 15 THE SECRETARY: Calendar Number 16 183, by Senator Tully, Senate Print 383, an act 17 to amend the Public Health Law, in relation to 18 public water supplies. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 189, by Senator Velella, Senate Print 1312, an 6 act to amend the Transportation Law, in relation 7 to application of Article IX of such law. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. 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 57. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 196, by Senator LaValle, Senate Print 1299, an 20 act to amend the Town Law, in relation to lands 21 within the Hampton Bays water district. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 202, by Senator Farley, Senate Print 1955 - 9 SENATOR PATERSON: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 203, by Senator Rath, Senate Print 2013, an act 14 to amend the County Law and the Town Law, in 15 relation to making corrections. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 57. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 208, by Senator Levy, Senate Print 72, an act to 3 amend the Penal Law, in relation to including 4 the theft of dogs and cats. 5 ACTING PRESIDENT KUHL: Senator 6 Meier. 7 SENATOR MEIER: Mr. President, 8 could we lay that aside at the request of the 9 sponsor? 10 ACTING PRESIDENT KUHL: For the 11 day? 12 SENATOR MEIER: Yes. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day at the request of the 15 sponsor. 16 THE SECRETARY: Calendar Number 17 209, by Senator Johnson, Senate Print 501, an 18 act to amend the Criminal Procedure Law, in 19 relation to requiring certain persons committed 20 to the custody of the sheriff. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 211, by Senator Marcellino, Senate Print 1135, 8 an act to amend the Penal Law, in relation to 9 criminally negligent homicide. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of 14 January. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 212, by Senator Velella, Senate Print 1187, an 23 act to amend the Penal Law, in relation to the 24 crime of unauthorized use of a motor vehicle. 25 ACTING PRESIDENT KUHL: The 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 57. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 214, by Senator Saland, Senate Print 1290, an 13 act to amend the Penal Law, in relation to the 14 minimum period of imprisonment. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first day of 19 November. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 57. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 218, by Senator Volker, Senate Print 1466, an 3 act to amend the Civil Rights Law, in relation 4 to providing for limited immunity. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 THE SECRETARY: Ayes 56, nays 2, 16 Senators DeFrancisco and Sampson recorded in the 17 negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 219, by Senator DeFrancisco, Senate Print 1537, 22 an act to amend the Criminal Procedure Law, in 23 relation to applications for recognizance or 24 bail. 25 ACTING PRESIDENT KUHL: The 1 Secretary will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes - 8 ACTING PRESIDENT KUHL: Announce 9 the results when tabulated. 10 THE SECRETARY: Ayes 57, nays 1, 11 Senator Sampson recorded in the negative. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 220, by Senator DeFrancisco, Senate Print 1538, 16 an act to amend the Criminal Procedure Law, in 17 relation to compliance with orders fixing bail. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 59. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 222, by Senator Larkin, Senate Print 1582, an 5 act to amend the Criminal Procedure Law, in 6 relation to security services in the courts. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT KUHL: Announce 15 the results when tabulated. 16 THE SECRETARY: Ayes 58, nays 1, 17 Senator Leichter recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator DeFrancisco, that 21 completes the reading of the non-controversial 22 calendar. 23 SENATOR DeFRANCISCO: Can we have 24 the reading of the controversial calendar, 25 please. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the controversial calendar, 3 beginning with Calendar Number 202, Senate Print 4 1955, by Senator Farley. 5 ACTING PRESIDENT KUHL: Senator 6 Volker, why do you rise? 7 SENATOR VOLKER: Could I 8 interrupt just for one second? Could I call an 9 immediate meeting of the Codes Committee in Room 10 332, please? 11 ACTING PRESIDENT KUHL: There 12 will be an immediate meeting of the Codes 13 Committee in the Senate Majority Conference 14 Room, Room 332. Codes Committee in Room 332, 15 the Majority Conference Room. 16 Senator DeFrancisco. 17 SENATOR DeFRANCISCO: Mr. 18 President, would you please read the last 19 section on this bill? Senator Leichter would 20 like to be recorded at this time. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the title. 23 THE SECRETARY: Calendar Number 24 202, by Senator Farley, Senate Print 1955, an 25 act to amend the Real Property Tax Law and the 1 Social Services Law. 2 ACTING PRESIDENT KUHL: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT KUHL: Senator 10 Leichter, how do you vote? 11 SENATOR LEICHTER: No. 12 ACTING PRESIDENT KUHL: Senator 13 Leichter will be recorded in the negative. The 14 roll call is withdrawn. 15 We're on debate on Calendar 16 Number 202, by Senator Farley. 17 SENATOR PATERSON: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Farley, an explanation has been asked for by 20 Senator Paterson, the Acting Minority Leader. 21 SENATOR FARLEY: Thank you, 22 Senator Paterson. 23 This particular bill permits 24 counties the option to withhold social service 25 rent payments to landlords who are delinquent in 1 their payment of real property taxes. 2 Currently, Section 159 of the 3 Social Services Law allows landlords who have 4 welfare recipients as tenants to receive rental 5 payments directly from the county Department of 6 Social Services. Problems develop when some of 7 these same landlords are delinquent in their 8 payment of real property taxes. Specifically, 9 some counties are actually sending Department of 10 Social Service checks to landlords when these 11 individuals are failing to meet their financial 12 obligations to pay their property taxes. 13 This bill would correct this 14 inequity by giving counties the option of 15 withholding the social service rent payments due 16 landlords who are delinquent in their property 17 taxes. Rental payments could be withheld until 18 the amount of taxes plus any penalties is paid. 19 The local Department of Social 20 Services would then resume sending payments 21 directly to the landlord. If there were any 22 overpayments of the tax bill, this amount would 23 be returned to the landlord in the next rental 24 payment when the direct payments resume. The 25 landlord is not permitted to evict a tenant 1 whose rental payments are being withheld due to 2 the landlord's tax delinquency. 3 This bill would not create a 4 unique situation. Currently Section 149(b) of 5 subdivision (2) of the Social Services Law gives 6 public welfare officials the power to withhold 7 rents to landlords if it is found that the 8 living conditions of the dwelling are not in 9 compliance with the local building codes. 10 Last year Senator Abate raised a 11 concern, and we added a sentence to clarify the 12 point that, if there are any conflicts, Senator 13 Abate, between the new section and Section 14 149(b) of the Social Services Law -- that's the 15 Spiegel Act -- the existing Social Services Law 16 shall control it. 17 The city of New York is excluded 18 from this legislation. The City, with its 19 numerous rent controls and regulations, has a 20 unique circumstance which would make the 21 implementation of this legislation very 22 difficult. 23 This bill originated in 1993 as a 24 request from the county of Montgomery. It has 25 passed the Senate. It is carried in the 1 Assembly by Assemblyman Tonko and Senator Rath 2 -- I don't know; she's not here -- has always 3 been a strong supporter of -- there you are - 4 this bill and has had personal experience with 5 this in Erie County, and I guess that's about my 6 explanation. 7 Senator Rath, I think would like 8 to add to it. 9 SENATOR RATH: Yes, Mr. 10 President - 11 ACTING PRESIDENT KUHL: Senator 12 Rath. 13 SENATOR RATH: -- if I can. 14 ACTING PRESIDENT KUHL: Senator 15 Rath. 16 SENATOR RATH: This is one of 17 those circumstances that you know somehow, if 18 something is right, it will eventually surface 19 and you will see it again, and it was a 20 circumstance in Erie County where we knew if we 21 could intercept the dollars that were going to 22 the landlords on the vouchers that were going 23 through, that we would be able to pay for some 24 of the back taxes and get that money back 25 flowing in Erie County, and we worked it through 1 with the city of Buffalo, with the comptroller, 2 Joel Giambra, who is getting to be quite a 3 well-known man around all governments. Be that 4 as it may, we worked it with the city of Buffalo 5 because that's where most of the delinquent 6 properties were and it was called Project 7 Intercept, and the vouchers were intercepted 8 actually by the sheriff's office who had to 9 deliver them to the Tax Department, and we were 10 able to bring together -- I think it was 11 something like 4- or $500,000. It was a 12 sizeable amount of money, and we couldn't 13 continue the project or go any further with it 14 because of state regulations and state 15 considerations, and so we tried to do it from 16 the county level and we tried to get someone on 17 the state level to pay attention and somehow it 18 fell apart and it didn't happen, and when I got 19 here, the first year I got here, I was sitting 20 at my desk as I was just now, and all of a 21 sudden I heard Senator Farley debating a bill 22 and I looked in on it and I listened carefully 23 again, and I thought, It's Project Intercept, 24 and I asked Senator Farley, Where did it come 25 from? and he said, sure enough, he had picked it 1 up from something, from the New York State 2 Association of Counties who probably heard me 3 pontificating about how important this was to 4 make this happen, to get some of those dollars 5 away from landlords who were irresponsible, not 6 only in how they took care of their property but 7 in how they paid their taxes, and I'll tell you, 8 one of the things that got everyone's attention 9 was when we went out with the TV camera and 10 stood in front of some of those properties and 11 said these are the properties who, the next time 12 we come out with the camera, the names of the 13 people will be announced. 14 Now, you would have been 15 surprised -- we were surprised in my community 16 -- who came in and just put thousands of 17 dollars down the next day just like that because 18 they didn't want to have their names identified 19 as people who were that delinquent and who were 20 not taking care of their property and not taking 21 care of their financial responsibilities. 22 I can't speak more highly than 23 that for it. It was wonderful, but we need help 24 from the state in order to make this available 25 for the other -- all across the state for 1 counties to enact. 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on the bill? 4 Senator Paterson. 5 SENATOR PATERSON: Thank you, Mr. 6 President. 7 Would the firm of Farley and Rath 8 yield for a question? 9 SENATOR FARLEY: Certainly. 10 ACTING PRESIDENT KUHL: Senator 11 Farley, do you - 12 SENATOR FARLEY: I'm the 13 secondary partner. That's Rath and Farley. 14 ACTING PRESIDENT KUHL: Senator 15 Farley yields to a question. 16 SENATOR PATERSON: Thank you, 17 Senator. 18 Just for clarification regarding 19 the question that Senator Abate raised last 20 year, you're saying that Section 143(b) of the 21 Social Services Law, more commonly known as the 22 Spiegel Act, which allows for withholding of 23 monies where there are damages to the actual 24 property, you're saying that that would be the 25 superseding section if there's any conflict with 1 the legislation that you're passing now? 2 SENATOR FARLEY: Yes. I amended 3 the bill at the request -- at the suggestion of 4 Senator Abate and the Spiegel Act would control 5 it. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: Thank you, Mr. 9 President. 10 If Senator Farley would yield for 11 another question. 12 SENATOR FARLEY: Certainly. 13 ACTING PRESIDENT KUHL: The 14 Senator continues to yield. 15 SENATOR PATERSON: Well, Senator, 16 that's actually very helpful if it will 17 alleviate the possibility of conflict of laws in 18 these particular areas, and this is a very 19 creative idea and one that is certainly 20 understandable with respect to the situations 21 where people do not pay taxes on their property 22 and the government obviously is suffering for 23 it, but I'm a little uninspired by what it may 24 accord the tenants in buildings, particularly 25 those who are on social services. Would it not 1 be very possible that landlords, knowing that 2 they would be eligible to lose a lot of that 3 money, would, therefore, discriminate and not 4 rent to such tenants? 5 SENATOR FARLEY: I don't feel 6 that that would be the case at all. You asked 7 that question last year. Let me just check into 8 that. Hold on. I want to get -- be consistent 9 in the answer that I gave you last year. 10 SENATOR PATERSON: Well, Senator, 11 I don't want you to necessarily be consistent. 12 I just want you to respond. 13 SENATOR FARLEY: I know. I guess 14 I didn't answer that last year. 15 I don't think that there would 16 really be a discrimination in that regard. What 17 it will do, in my judgment, is to have the 18 landlord pay his taxes, and I think this is an 19 appropriate thing that should be done. The 20 counties are plagued with these -- with these 21 people that are not paying their taxes on time, 22 having to forego the money and put it up 23 themselves, and yet the rents are being paid by 24 the Department of Social Services. I think it's 25 only fair that the landlord pay his taxes, 1 particularly when much of his rent is coming 2 from Social Services. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: Thank you. 6 If the Senator would continue to 7 yield. 8 ACTING PRESIDENT KUHL: Senator 9 Farley, do you continue to yield? The Senator 10 continues to yield. 11 SENATOR PATERSON: Mr. President 12 and Senator Farley, I have the same concern that 13 you have with respect to the landlord and to 14 whatever extent this legislation will be helpful 15 in that regard, I can see myself supporting it. 16 What I'm just saying is that 17 these individuals, who we both agree have not 18 complied with what their responsibilities, were 19 as owners of property, certainly are in many 20 ways either lacking the resources or the 21 facility to keep the property at times in the 22 condition that it should be in, and I'm afraid 23 that the -- that the resources being taken away 24 from the landlord would inure to the detriment 25 of the tenants if the certain rehabilitation or 1 certain remedies to damages on the property are 2 not made, and so I just wanted to add to that 3 what is a concern regarding the fact that since 4 the landlords know that this policy will be in 5 application, that they would further be less 6 willing to rent to individuals where there would 7 be obviously some redress. 8 I'm not saying that this is 9 right. I'm just saying that this is something 10 that they would be likely to do, and I'm just 11 wondering what the effect of the legislation is 12 going to be if it actually denies the 13 opportunity of individuals who are on social 14 services and their particular cases, they have 15 not -- the fact that they're on social services 16 does not make them irresponsible. It just puts 17 them in the position where they are requiring 18 some assistance from the state, and if that is 19 now withheld from the landlord and that becomes 20 a policy that landlords know, particularly with 21 this avoiding behavior of paying the taxes in 22 the first place, I'm just concerned that there's 23 a possibility that the prospective tenants would 24 be hurt by passing this legislation. 25 SENATOR FARLEY: I truly do not 1 feel -- for instance, you're mentioning that 2 that's a resource that the landlord needs to 3 keep the building in repair. I don't feel that 4 the real property taxes that are due and owing 5 should be a resource that the landlord uses. 6 I'm sorry. I just have to 7 disagree with that, Senator Paterson, and under 8 this bill they cannot evict a tenant, and I'm 9 confident that there would not be 10 discrimination. 11 SENATOR RATH: Senator Farley - 12 Mr. President, through you, if Senator Farley 13 would yield. 14 Senator Paterson, when we were 15 looking at the same issue at the county level, 16 we were working at great length with the city of 17 Buffalo, and the question came up about the 18 pieces of property that were not up to the code 19 level and what was our circumstance going to be 20 when we were intercepting that. 21 Now, I don't mean to muddy the 22 waters on this, Senator Farley, because it 23 turned out, after much examination, that they 24 are different issues, but the second one is 25 valid and once we found that we had a piece of 1 property where the taxes were not being paid, 2 the next question came about code enforcements 3 and what kind of condition that building was 4 being kept in, which was a very valid question 5 and a very valid consideration but it was a 6 separate question, and we knew if we could get 7 the one answered, that we could move to the next 8 one, but we never could get the one answered and 9 this was why Senator Farley's legislation is 10 like the first step in the process, the second 11 step would come. 12 That was what we thought when we 13 were dealing with this ten years ago at the 14 county level, but your point is valid and it was 15 the same question asked by the city of Buffalo. 16 ACTING PRESIDENT KUHL: Senator 17 Paterson. 18 SENATOR PATERSON: Mr. President, 19 if Senator Rath would yield. 20 ACTING PRESIDENT KUHL: Senator 21 Rath, do you yield to a question? The Senator 22 yields. 23 SENATOR PATERSON: Well, Senator, 24 if we could get past that first step -- in other 25 words, if we were to pass this legislation in 1 the Assembly and codify what Senator Farley is 2 proposing, what would be your suggestion as to 3 how we could maintain the building for the 4 benefit of not just the tenants who were on 5 social services but all the tenants with the 6 landlord in arrears and we've diverted the 7 social service money for taxes? 8 SENATOR RATH: I would think that 9 we would have to take time and go to work with 10 the Housing Committees in both houses of the 11 Legislature and take a look at where the 12 sticking point was in the buildings, whether it 13 was a health code, whether it was an aesthetic 14 kind of thing that people were saying, because 15 this was, again, part of the discussions, and 16 I'm trying to remember them because, for 17 aesthetic purposes, if someone would rather have 18 a green wall than a blue wall, I don't think, 19 you know, we would certainly need to get in 20 between the landlord and his tenants on items 21 like this, but if there's a health or safety 22 problem, I think, yeah, we do have something 23 that we have to talk about, and sometimes these 24 are the same properties that we're talking 25 about. 1 Senator Farley's got something to 2 add to it. 3 SENATOR FARLEY: I just want to 4 say on this issue, if I understand the -- the 5 debate that's going on here, currently Section 6 149(b) of the -- in subdivision (2) of the 7 Social Services Law gives the public welfare 8 officials the power to withhold rents already if 9 it is found that the living conditions of the 10 dwelling are not in compliance with the building 11 code. So we can already withhold the rents if 12 there's a code violation there. 13 What we're saying now is that if 14 they're in arrears in taxes -- seriously in 15 arrears in taxes, that social services can 16 withhold the rents going to the landlord. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Thank you, Mr. 20 President. 21 The Senators have been very 22 responsive and they've worked very well together 23 and they have actually alleviated a couple of 24 concerns. 25 Since we talked about the bill 1 last year, Section 143(b) of the Social Services 2 Law, the Spiegel Act, would supersede in matters 3 where it conflicts with the legislation that 4 Senator Farley is proposing, and Section 149(d), 5 I guess, would apply if you have a situation 6 where the property falls into disrepair due to 7 inaction on the part of the landlord after much 8 of the money was diverted for tax purposes, and 9 so two of the three concerns that we have really 10 raised have been effectively answered and 11 cleared up, but just this point, on the bill, is 12 that we are still concerned that the landlord - 13 that this is kind of what might be the natural 14 response of the landlord at a point when this 15 money that the landlord had an expectation of 16 collecting for rent winds up going to pay the 17 back taxes and that that might actually be the 18 catalyst for the building falling into 19 disrepair. 20 Now, I don't suggest that that is 21 something that I can be sure would actually 22 occur. It's just something that I would suggest 23 might occur, but what I'm very sure of is that 24 where landlords are aware that this process is 25 in motion -- and with all due respect to 1 Senators Rath and Farley, who have made every 2 effort to improve this bill such that everyone 3 here might be able to vote on it -- I'm still 4 not convinced that landlords who are exercising 5 such avoiding conduct in paying the rent in the 6 first place are not going to be very selective 7 of who they rent to, knowing full well that if 8 there's any kind of -- any kind of withholding 9 of the property taxes, that there's going to be 10 a -- this kind of response, and what I think is 11 that it creates a sort of protected class for 12 those who are tenants who are paying their own 13 rent, and I'm just suggesting, and would be 14 willing to work with both of the Senators, that 15 there must be another administrative remedy that 16 we can take against these landlords for not 17 paying their taxes. They certainly deserve 18 exactly what Senator Farley is proposing right 19 here. 20 I think his proposal is quite 21 creative, and it really would send a strong 22 message to property owners who aren't paying 23 their taxes. All our concern is for the 24 individuals who would be bystanders to the 25 process who might be injured by the action. 1 ACTING PRESIDENT KUHL: Any other 2 Senator wishing to speak on the bill? 3 (There was no response.) 4 Hearing none, the Secretary will 5 read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT KUHL: Announce 12 the results when tabulated. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 202 are Senators 15 Connor, Kruger, Lachman, Leichter, Markowitz, 16 Montgomery, Paterson, Sampson, Santiago and 17 Stavisky. Ayes 51, nays 10. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Marcellino, that 21 completes the reading of the controversial 22 calendar active list. What's your pleasure? 23 SENATOR MARCELLINO: Mr. 24 President, can we call up at this time Calendar 25 240, Senate 2959, Senator Padavan's bill? 1 ACTING PRESIDENT KUHL: On page 2 13, at the bottom of the page, Calendar Number 3 240, by Senator Padavan, Senate Print 2959, I'll 4 ask the Secretary to read the title. 5 THE SECRETARY: Calendar Number 6 240, by Senator Padavan, Senate Print 2959, an 7 act to amend the Tax Law and the Administrative 8 Code of the city of New York. 9 ACTING PRESIDENT KUHL: There is 10 a home rule message at the desk. Is there any 11 Senator wishing to speak on the bill? 12 (There was no response.) 13 Hearing none, the Secretary will 14 read the last section. 15 THE SECRETARY: Section 15. 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 61. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 SENATOR MARCELLINO: Mr. 24 President, is there any housekeeping at the 25 desk? 1 ACTING PRESIDENT KUHL: Yes, we 2 do. We have a report from the standing 3 Committee on Transportation we would like to 4 read at this time. 5 SENATOR MARCELLINO: Have that 6 report read, please. 7 ACTING PRESIDENT KUHL: We'll 8 return to the order of reports of standing 9 committees. 10 I'll ask the Secretary to read 11 the report of the Transportation Committee. 12 THE SECRETARY: Senator Levy, 13 from the Committee on Transportation, reports 14 the following bill direct to third reading: 15 Senate Print 706, by Senator Bruno, an act to 16 amend the Vehicle and Traffic Law, in relation 17 to the disqualification of a bus driver in 18 certain instances. 19 ACTING PRESIDENT KUHL: On the 20 motion of Senator Marcellino to accept the 21 report of the Transportation Committee, all 22 those in favor signify by saying aye. 23 (Response of "Aye".) 24 Opposed, nay. 25 (There was no response.) 1 The report is accepted. The bill 2 is reported directly to third reading. 3 Senator Marcellino. 4 SENATOR MARCELLINO: Mr. 5 President, we're going to have to ask the 6 Senate's indulgence to stand at ease until we 7 get our report from the Codes Committee. 8 ACTING PRESIDENT KUHL: The 9 Senate will stand at ease awaiting the report of 10 the Codes Committee, which should be 11 momentarily. 12 (Whereupon, from 4:03 p.m. until 13 4:15 p.m., the Senate stood at ease.) 14 ACTING PRESIDENT KUHL: The 15 Senate will reconvene. 16 Senator Skelos. 17 SENATOR SKELOS: Return to 18 reports of standing committees. I believe 19 there's a report of the Codes Committee at the 20 desk. I ask that it be read. 21 ACTING PRESIDENT KUHL: We'll 22 return to the order of reports of standing 23 committees. 24 The Secretary will read the 25 report of the Codes Committee. 1 THE SECRETARY: Senator Volker, 2 from the Committee on Codes, reports the 3 following bill direct to third reading: Senate 4 Print 1800, by Senator Maltese, an act to amend 5 the Penal Law. 6 SENATOR SKELOS: Move to accept 7 the report of the Codes Committee. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the report of the Codes 10 Committee. All those in favor signify by saying 11 aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The report is accepted. The bill 16 is ordered directly to third reading. 17 Senator Dollinger, why do you 18 rise? 19 SENATOR DOLLINGER: Mr. 20 President, was that a debatable motion, to 21 accept the report of the Codes Committee? 22 ACTING PRESIDENT KUHL: Was it? 23 SENATOR DOLLINGER: Well, Mr. 24 President, I was standing. I wanted to be 25 recognized to be heard on that issue. 1 ACTING PRESIDENT KUHL: Well, the 2 motion was adopted. I didn't see you, Senator 3 Dollinger. I apologize. 4 SENATOR DOLLINGER: That's fine, 5 Mr. President. I'll just explain my vote, if I 6 may. 7 I would like to be recorded in 8 the negative on accepting the report from the 9 Rules Committee. I made my view of this issue 10 known. I greatly respect the Chair of the Rules 11 Committee and I know that this procedure -- this 12 bill could have been brought to the floor even 13 quicker but, nonetheless, Mr. President, I 14 believe this is the wrong way to legislate. 15 I think that this is an area, in 16 particular, where we need more information. We 17 will probably have the debate some time next 18 week about this bill. It will be a debate about 19 rhetoric, it will be a debate about politics, it 20 will be a debate about who's telling the truth 21 and who isn't, but what it will not be a debate 22 about is about scientific facts that were 23 gathered by this chamber and the people in it 24 and that, unfortunately, on this issue, in my 25 opinion, will be a great disservice to the 1 public. 2 ACTING PRESIDENT KUHL: Senator 3 Dollinger, the record will reflect that Senator 4 Dollinger voted in the negative on the motion 5 to - 6 SENATOR SKELOS: Mr. President, 7 there being no further business, I move we 8 adjourn until Wednesday, March 5th, at 10:00 9 a.m. sharp. 10 ACTING PRESIDENT KUHL: The 11 motion is to adjourn -- it's non-debatable - 12 'til tomorrow. All those in favor signify by 13 saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 Senator Paterson, do you wish to 17 explain your vote on the motion to adjourn? 18 SENATOR PATERSON: Mr. President, 19 I just wanted to -- no. I'm very much in favor 20 of adjourning, Mr. President, but I just wanted 21 to point out that Senator Volker did inform the 22 ranking member, Senator Waldon, that he did want 23 to have that Codes Committee report. With all 24 fairness to Senator Volker but on the rest of 25 the issue of the seasonableness of the -- of 1 whether this report should be accepted, I agree 2 with Senator Dollinger and with that, Mr. 3 President, I bid you farewell for another day 4 here in this chamber. 5 ACTING PRESIDENT KUHL: The 6 Senate stands adjourned until tomorrow, 7 Wednesday, May 5th, at 10:00. Note the time 8 change, 10:00 a.m. 9 (Whereupon, at 4:18 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19