Tuesday, March 11, 1997

1460 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 11, 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 1461 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join with me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 The invocation today will be 9 given by the Reverend Peter G. Young of the 10 Blessed Sacrament Church in Bolton Landing. 11 Reverend Young. 12 REVEREND PETER G. YOUNG: Let us 13 pray. We pray for all of our New York State 14 people, that their wealth and power might become 15 a force for peace rather than conflict, a source 16 of hope rather than discontent, an agent to 17 friendship rather than enmity. May the actions 18 of this Senate then be that example. Amen. 19 THE PRESIDENT: Amen. 20 The reading of the Journal. 21 THE SECRETARY: In Senate, 22 Monday, March 10th. The Senate met pursuant to 23 adjournment. The Journal of Friday, March 7th, 24 was read and approved. On motion, the Senate 25 adjourned. 1462 1 THE PRESIDENT: Without 2 objection, the Journal stands approved as read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 The Secretary will read. 8 THE SECRETARY: Senator Alesi, 9 from the Committee on Consumer Protection, 10 offers up the following bills: 11 Senate Print 1923, by Senator 12 Libous, an act to amend the General Business 13 Law; 14 2639, by Senator Libous, an act 15 to amend the General Business Law, in relation 16 to prohibiting taxicabs; 17 2872-A, by Senator Alesi, an act 18 to amend the General Business Law, the Civil 19 Practice Law and Rules and the Banking Law. 20 Senator Lack, from the Committee 21 on Judiciary, offers up the following bills: 22 Senate Print 1231, by Senator 23 Libous, an act to amend the Uniform City Court 24 Act; 25 2581, by Senator Marchi, an act 1463 1 to amend the Real Property Tax Law, in relation 2 to designation of the Secretary of State; 3 2859, by Senator Leibell, an act 4 to amend the Real Property Law, in relation to 5 certain mortgages; 6 2918, by Senator Lack, an act to 7 amend the Family Court Act, in relation to 8 appeals; 9 2997, by Senator Lack, proposing 10 an amendment to Article VI of the Constitution. 11 Senator Padavan, from the 12 Committee on Cities, offers up the following 13 bills: 14 Senate Print 2226, by Senator 15 Leibell, an act to amend the General Municipal 16 Law, in relation to urban development; 17 2647, by Senator Cook, an act to 18 amend the General City Law, the Town Law and the 19 Village Law. 20 Senator Maziarz, from the 21 Committee on Aging, offers up the follow bills: 22 Senate Print 1920, by Senator 23 Libous, an act to amend the Vehicle and Traffic 24 Law, in relation to authorizing senior citizens; 25 2338, by Senator Farley, an act 1464 1 to amend the Education Law, in relation to 2 authorizing the State University trustees. 3 Senator Volker, from the 4 Committee on Codes, offers up the following 5 bills: 6 Senate Print 365-A, by Senator 7 Volker, an act to amend the Penal Law, in 8 relation to possession; 9 1708, by Senator Volker, an act 10 to amend the Criminal Procedure Law; 11 1717, by Senator Volker, an act 12 to amend the Penal Law, in relation to 13 aggravated harassment; 14 1915, by Senator Libous, an act 15 to amend the Penal Law, in relation to parole 16 for certain sex offenders; 17 1918, by Senator Libous, an act 18 to amend the Penal Law, in relation to 19 increasing the penalties for repeat convictions; 20 1924, by Senator Libous, an act 21 to amend the Penal Law, in relation to 22 authorizing an additional term of imprisonment; 23 1963, by Senator Maziarz, an act 24 to amend the Criminal Procedure Law; 25 2011, by Senator Padavan, an act 1465 1 to amend the Penal Law, in relation to making 2 citizenship document fraud; 3 2016, by Senator Saland, an act 4 to amend the Penal Law; 5 2074, by Senator Rath, an act to 6 amend the Penal Law, in relation to repeat 7 offender status; 8 2149, by Senator Meier, an act to 9 amend the Criminal Procedure Law and the 10 Education Law; 11 2223, by Senator Padavan, an act 12 to amend the Penal Law, in relation to making 13 unlawful immigration; 14 2402, by Senator Volker, an act 15 to amend the Penal Law, in relation to drug-free 16 school grounds; 17 2600, by Senator Velella, an act 18 amend the Penal Law; 19 3069, by Senator Padavan, an act 20 to amend the Criminal Procedure Law. 21 Senator Rath, from the Committee 22 on Local Government, offers up the following 23 bills: 24 Senate Print 563, by Senator 25 Holland, an act to amend the General Municipal 1466 1 Law; 2 1378, by Senator LaValle, an act 3 to amend the General Municipal Law, in relation 4 to creating the town of Southampton Community 5 Development Agency; 6 1748, by Senator Seward, an act 7 to repeal Section 4 of Chapter 668 of the Laws 8 of 1977; 9 1862, by Senator Johnson, an act 10 to amend the Real Property Tax Law; 11 2021, by Senator Leibell, an act 12 to amend the General Municipal Law; 13 2202, by Senator Padavan, an act 14 to amend the General Municipal Law, in relation 15 to reporting information; 16 2309, by Senator Larkin, an act 17 to amend the General Municipal Law; 18 2439, by Senator Farley, an act 19 to amend the Real Property Tax Law, in relation 20 to exemption from taxation; 21 2342, by Senator Leibell, an act 22 to amend the General Municipal Law; 23 2378, by Senator Lack, an act to 24 amend the County Law, in relation to permitting 25 district attorneys; 1467 1 2394, by Senator Rath, an act to 2 amend the Real Property Tax Law, in relation to 3 payment of taxes; 4 2396, by Senator Rath, an act to 5 amend the Village Law; 6 2514-A, by Senator Johnson, an 7 act to amend the Real Property Tax Law; 8 2669, by Senator LaValle, an act 9 to amend the Town Law, in relation to expending 10 from fire district revenues; 11 2753, by Senator Present, an 12 agent to amend Chapter 557 of the Laws of 1992; 13 2858, by Senator Leibell, an act 14 to amend the General Municipal Law, in relation 15 to tax abatement. 16 Senator Present, from the 17 Committee on Commerce, Economic Development and 18 Small Business, reports: 19 Senate Print 1773, by Senator 20 Present, an act to amend the Economic 21 Development Law; 22 1890, by Senator Present, an act 23 to amend the State Administrative Procedure Act; 24 2377, by Senator Lack, an act to 25 amend the Economic Development Law; 1468 1 2536, by Senator Present, an act 2 to amend the Economic Development Law, in 3 relation to directing a rural agri-business. 4 Senator Cook, from the Committee 5 on Education, offers up the following bills: 6 2451, by the Committee on Rules, 7 an act legalizing and validating the expenditure 8 of certain bonds; 9 2577, by Senator Seward, an act 10 to ratify, legalize and validate certain acts 11 and proceedings. 12 Senator Saland, from the 13 Committee on Children and Families, offers up 14 the following bills: 15 Senate Print 493, by Senator 16 Saland, an act to amend the Social Services Law; 17 1983, by Senator Skelos, an act 18 to amend the Domestic Relations Law, in relation 19 to any action or proceeding; 20 2584, by Senator Johnson, an act 21 to amend the Family Court Act and the Vehicle 22 and Traffic Law; 23 2726, by Senator Saland, an act 24 to amend the Social Services Law and the 25 Education Law. 1469 1 All bills directly for third 2 reading. 3 ACTING PRESIDENT KUHL: The 4 motion by Senator Skelos is to accept the report 5 of the standing committees. All those in favor 6 signify by saying aye. 7 (Response of "Aye".) 8 Opposed, nay. 9 (There was no response.) 10 The bill is reported directly to 11 third reading. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 at this time may we please adopt the Resolution 15 Calendar. 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the Resolution Calendar 18 which is on the desks of the members. All those 19 in favor signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The Resolution Calendar is 24 adopted. 25 SENATOR SKELOS: Mr. President, 1470 1 could you recognize Senator Lachman. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Lachman. 4 SENATOR LACHMAN: Thank you, Mr. 5 Chairman. 6 Unfortunately, yesterday when we 7 discussed the resolution, I believe it's 636 8 dealing with Professor Irwin Polishook's 20th 9 anniversary as president of the Professional 10 Staff Congress, I was outside the chamber being 11 lobbied by some people on a much more 12 controversial resolution that we took up later 13 that afternoon. If I had been present, I would 14 not only have voted yes since I'm a co-sponsor 15 of the resolution but I would have spoken for a 16 few minutes and, with your indulgence, I would 17 like to say today what I would have said 18 yesterday. 19 I have known Irwin Polishook 20 since we were teenagers and freshman at Brooklyn 21 College. We have, in this chamber, two 22 individuals on both sides of the aisle, 23 Professor Emeritus Leonard Stavisky and 24 Professor Hugh Farley who have proven that you 25 can both be good academics and outstanding 1471 1 legislators. 2 Professor Irwin Polishook has 3 proven that one can be a good academic and an 4 outstanding union leader. In the 20 years that 5 he has served as president of the Professional 6 Staff Congress, the Union of City University 7 Academics has grown dramatically. He has 8 represented his members with distinction. He is 9 a man of intelligence, integrity and I can 10 attest to the fact as a former university 11 administrator, a very screwed negotiator as 12 well. 13 As both CUNY and SUNY face future 14 problems and we hope opportunities as well, they 15 are in need of more people such as Professor 16 Irwin Polishook, and I hope that he will be 17 around for many years and that I will be in this 18 chamber when we celebrate his 25th anniversary 19 as president of this university Union of 20 Academics from the City University of New York. 21 Thank you, Mr. Chairman. 22 ACTING PRESIDENT KUHL: Thank 23 you, Senator Lachman. 24 Senator Skelos. 25 SENATOR SKELOS: If we could take 1472 1 up the non-controversial calendar. 2 ACTING PRESIDENT KUHL: Senator 3 Skelos, we have a couple of motions. Can we 4 take care of those first as a matter of 5 housekeeping. 6 The Chair recognizes Senator 7 Tully. 8 SENATOR TULLY: Thank you, Mr. 9 President. 10 On behalf of Senator Wright, I 11 move that the follow bills be discharged from 12 their respective committees and be recommitted 13 with instructions to strike the enacting 14 clause: Senate 3221. 15 ACTING PRESIDENT KUHL: The 16 enacting clause will be stricken. So ordered. 17 SENATOR TULLY: Thank you, Mr. 18 President. 19 On behalf of Senator Libous, 20 please place a sponsor's star on Calendar Number 21 237. 22 ACTING PRESIDENT KUHL: Calendar 23 Number 237 will be starred at the request of the 24 sponsor. 25 Any other motions? 1473 1 (There was no response.) 2 Senator Skelos, we'll have the 3 Secretary read the non-controversial calendar. 4 THE SECRETARY: Calendar Number 5 91, by Senator Cook, Senate Print 780, an act to 6 amend the General Municipal Law, in relation to 7 county planning boards and regional councils. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 8. This 11 act shall take effect on the first day of July. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 151, by Senator Present, Senate Print 1475, an 20 act to adjust certain state aid payments. 21 SENATOR PATERSON: Lay it aside. 22 ACTING PRESIDENT KUHL: There is 23 a local fiscal impact note at the desk. The 24 bill will be laid aside at the request of 25 Senator Paterson. 1474 1 THE SECRETARY: Calendar Number 2 167, by Senator Kuhl, Senate Print 545-A, an act 3 to amend the Agriculture and Markets Law and the 4 Vehicle and Traffic Law, in relation to 5 exempting farm vehicles. 6 SENATOR PATERSON: Lay it aside, 7 please. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 179, by Senator Leibell, Senate Print 2228, an 12 act to amend the Public Housing Law, in relation 13 to the statute of limitations. 14 SENATOR PATERSON: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 185, by Senator Levy, Senate Print 605, an act 19 to amend the Vehicle and Traffic Law. 20 SENATOR SKELOS: Lay it aside for 21 the day. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day. 24 THE SECRETARY: Calendar Number 25 186, by Senator Holland, Senate Print 732, an 1475 1 act to amend the Highway Law, in relation to 2 designating a portion of the state highway 3 system. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 47. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 205, by Senator Skelos, Senate Print 334, an act 16 to amend the Education Law, in relation to 17 notification of parents of an elementary school 18 pupil's absence. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first day of 23 September. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1476 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 229, by Senator Rath, Senate Print 2014, an act 7 to amend the Education Law, in relation to 8 displaying the Flag of the state of New York. 9 SENATOR LEICHTER: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 245, by Senator Saland, Senate Print 1785, an 14 act to amend Chapter 748 of the Laws of 1991. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. 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 47. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1477 1 248, by Senator Nozzolio, Senate Print 697-A, an 2 act to authorize the New York State Urban 3 Development Corporation to forgive a 1986 loan. 4 SENATOR LEICHTER: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 250, by Senator Bruno, Senate Print 706, an act 9 to amend the Vehicle and Traffic Law, in 10 relation to the disqualification of a bus 11 driver. 12 SENATOR SKELOS: Lay it aside 13 temporarily. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 Senator Skelos, that completes 17 the non-controversial calendar. 18 SENATOR SKELOS: Could you please 19 take up the controversial calendar. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the controversial calendar, 22 beginning with Calendar Number 151 by Senator 23 Present. 24 THE SECRETARY: Calendar Number 25 151, by Senator Present, Senate Print 1475, an 1478 1 act to adjust certain state aid payments. 2 ACTING PRESIDENT KUHL: There is 3 a local fiscal impact note at the desk. 4 Senator Paterson. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Present, an explanation of Calendar Number 151 8 has been requested by the Acting Minority 9 Leader, Senator Paterson. 10 SENATOR PRESENT: Senator 11 Paterson, the Salamanca City School District was 12 audited and found that they were overpaid for 13 previous years' vouchers and this bill would 14 allow them to pay back that -- that amount will 15 be taken from their school aid for the next five 16 years rather than all at once. 17 SENATOR DOLLINGER: Mr. 18 President, would the sponsor yield to a 19 question? 20 ACTING PRESIDENT KUHL: Senator 21 Present -- Senator Paterson, are you yielding 22 the floor? 23 SENATOR PATERSON: Yes, Mr. 24 President. 25 ACTING PRESIDENT KUHL: Okay. 1479 1 Senator Dollinger, Senator Present has asked - 2 the Senator yields to a question, Senator 3 Dollinger. 4 SENATOR DOLLINGER: Senator, what 5 is the current state policy with respect to the 6 collection of debts which the school district 7 owes money to the state of New York? 8 SENATOR PRESENT: I can't answer 9 that. 10 SENATOR DOLLINGER: Okay. Again 11 through you, Mr. President, if Senator Present 12 will yield for one - 13 ACTING PRESIDENT KUHL: Senator 14 Present, do you continue to yield? 15 SENATOR PRESENT: Yes. 16 ACTING PRESIDENT KUHL: The 17 Senator continues to yield. 18 SENATOR DOLLINGER: If this bill 19 weren't passed, do you know how the Salamanca 20 School District would repay the money? 21 SENATOR PRESENT: How they would 22 what? 23 SENATOR DOLLINGER: How the 24 Salamanca School District would repay the money 25 that it owes the state of New York? 1480 1 SENATOR PRESENT: The money would 2 be withheld from their current year's payment. 3 SENATOR DOLLINGER: Okay. On the 4 bill, Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Dollinger, on the bill. 7 SENATOR DOLLINGER: Senator 8 Present, your bill does something that we ought 9 to do for every school district in this state, 10 and that is change our current policy for the 11 collection of audited debts that school 12 districts owe the state of New York. 13 You properly point out that the 14 current policy of the Division of Budget is that 15 when these audits show that school districts owe 16 money to the state of New York, they collect it 17 in one lump sum out of the aid payments due in 18 the current fiscal year, strapping the school 19 district with the prospect of an enormous up 20 front cost to cover the lost funds that they 21 have lost to the state of New York. 22 If, however, audits show that a 23 school district is owed money by the state of 24 New York, they simply pay it back in the future 25 over time. So the state of New York grabs the 1481 1 money quickly right up front if they're owed the 2 money. If they owe the money -- if we owe the 3 money to the school districts, we pay it back 4 slowly over time and in either event, the school 5 districts are harmed. 6 Senator, I'm going to support 7 this bill, but what I would hope is that if a 8 bill comes out from this house that says that we 9 will treat all school districts the same way 10 that you're going to want to treat the Salamanca 11 School District, that we'll pass that bill, that 12 we'll in essence say to the school districts of 13 this state, we'll treat you fairly. If you owe 14 us money, you get five years to pay it back. If 15 we owe you money, we'll pay it back within five 16 years as well. That's the only fair way to do 17 it, Senator. 18 This issue came up in my 19 district. Two of my school districts are owed 20 money by the state of New York. Unlike 21 Salamanca, they're owed money by the state of 22 New York. They're not going to get it back by 23 several years when they should be paid it all up 24 front. 25 So it just seems to me that 1482 1 that's a terrible way for the state of New York 2 to do business. We're clearly not treating them 3 the way they would like to be treated and the 4 way that we should treat them. 5 I'd just point out that one of my 6 staff members has handed to me -- there are at 7 least 17 school districts in the state in Monroe 8 County that I represent which are owed $1.9 9 million by the state of New York that they're 10 not going to get for five years. It's not 11 fair. It's not evenhanded. It's just the kind 12 of thing we do that shows to the school 13 districts that we don't care. 14 Senator, I'm going to support 15 this bill. I would like to see a bill, a prompt 16 payment bill passed, and I would suggest that 17 this year, when we've got a surplus of funds 18 available, that one of the things I would 19 recommend to those in this house who sit at the 20 table and negotiate the next budget is that they 21 take a small portion of it and repay the school 22 districts that are owed money. What we're doing 23 is simply requiring property taxes to pay for 24 money that the state of New York owes them. 25 It's just not fair. 1483 1 I'll support this bill, Mr. 2 President. I commend Senator Present for 3 bringing it forward on behalf of his 4 constituents. I think many of us have 5 constituents who are dealing with the problem, 6 the failure of the state of New York to treat 7 the people it either owes money or collects 8 money from in an evenhanded fashion. 9 I'll be producing such a bill in 10 the future and I assume that I'll have the 11 strong support of this house for it. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the bill? 14 Senator Leichter. 15 SENATOR LEICHTER: Mr. President, 16 on the bill. 17 ACTING PRESIDENT KUHL: Senator 18 Leichter, on the bill. 19 SENATOR LEICHTER: Mr. President, 20 I'm grateful to my good friend, Senator 21 Dollinger, for making really a very important 22 and a very excellent point, and that is how the 23 state of New York treats school districts 24 extremely unfairly. 25 Senator, your 17 districts may be 1484 1 owed 1.9 million. My school district, the city 2 of New York, is owed $900 million and the 3 Governor in his munificence this year provided 4 in his budget $9 million, 100 of that to repay. 5 I think everybody in this house 6 knows the problems that we have in the school 7 district in New York, the under-funding, the 8 problems of deteriorated school buildings, 9 insufficient, inadequate school buildings. 10 Senator Present, I believe at one 11 time you were the Chair of the Education 12 Committee, so you're certainly familiar with it, 13 and I think it's perfectly fair that we ought to 14 do for your school district what your bill 15 provides and we're going to support it, but I 16 hope that we could look to the other side of the 17 aisle, to you, Senator Present, particularly 18 with the knowledge that you have on education 19 and the need of school districts and obviously 20 those Senators on the other side of the aisle 21 who come from the city of New York, to see that 22 we are no longer cheated. If you owe us $900 23 million -- this is not a dispute. It's 24 basically admitted, $900 million -- start 25 repaying it, and I think, Senator Dollinger, 1485 1 your bill makes eminent good sense and I would 2 hope that on a bipartisan basis that we could 3 have such a bill that places obligations on the 4 state of New York to treat school districts 5 fairly, not when the state is owed money, grab 6 it right away and when the state owes money to 7 the school districts, pay it -- well, we'll pay 8 it whenever we get around to it. That's not the 9 way to do business. 10 I'm going to support the bill. 11 ACTING PRESIDENT WRIGHT: Senator 12 Dollinger, why do you rise? 13 SENATOR DOLLINGER: Just briefly, 14 Mr. President. Senator Leichter is absolutely 15 correct. I just want to emphasize that what 16 this does is that this passes a cost that the 17 state of New York should pay from either sales 18 taxes or income taxes and tosses it on the 19 property tax. That's all it does. 20 We're about to discuss, I assume 21 some time during this session, a proposal by the 22 Governor to reduce property taxes in this 23 state. I've got a simple way to reduce property 24 taxes in this state. Pay your bills on time. 25 ACTING PRESIDENT WRIGHT: Any 1486 1 other Senator wishing to speak on the bill? 2 (There was no response.) 3 The Secretary will read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT WRIGHT: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 54. 11 ACTING PRESIDENT WRIGHT: The 12 bill is passed. 13 Senator Skelos -- the Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 167, by Senator Kuhl, Senate Print 545-A, an act 17 to amend the Agriculture and Markets Law, the 18 Vehicle and Traffic Law, in relation to 19 exempting farm vehicles. 20 SENATOR PATERSON: Explanation. 21 SENATOR LEICHTER: Explanation, 22 Senator Paterson. 23 ACTING PRESIDENT WRIGHT: Senator 24 Paterson. 25 SENATOR LEICHTER: I'm his echo. 1487 1 ACTING PRESIDENT WRIGHT: Senator 2 Paterson, Senator Kuhl. 3 SENATOR KUHL: Yes. Very simply 4 put, this bill, if adopted, would remove a 5 security insurance requirement that we placed on 6 farm vehicles just a couple of years ago. 7 As part of the ISTEA provisions, 8 we went through a major revision of the 9 regulations dealing with requirements of some 10 farm vehicles. At the same time, we also placed 11 an additional requirement of insuring those farm 12 vehicles on farmers, and what this does is 13 simply remove that requirement. It's an 14 additional financial obligation. It really 15 wasn't required. There was no demand or no need 16 perceived for it, and so this is an attempt to 17 try to relieve the financial burden - 18 unnecessary financial burden that we've placed 19 on the farmers in this state from them. 20 ACTING PRESIDENT WRIGHT: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT WRIGHT: Call 25 the roll. 1488 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53, nays 1, 3 Senator Kruger recorded in the negative. 4 ACTING PRESIDENT WRIGHT: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 179, by Senator Leibell, Senate Print 2228, an 8 act to amend the Public Housing Law, in relation 9 to the statute of limitations. 10 SENATOR PATERSON: Explanation. 11 SENATOR SKELOS: Lay it aside 12 temporarily. 13 ACTING PRESIDENT WRIGHT: The 14 bill is laid aside temporarily. 15 SENATOR SKELOS: Wait a minute. 16 Senator Leibell just came in. 17 ACTING PRESIDENT WRIGHT: Senator 18 Leibell, an explanation has been asked for on 19 Calendar Number 179. 20 SENATOR LEIBELL: Yes, Mr. 21 President. What we are trying to do with this 22 legislation is to provide parity between public 23 housing authorities and other municipalities. 24 As it is currently with other 25 municipalities, when there's an action to be 1489 1 commenced, there's basically two statutes of 2 limitation, the first being the one for the 3 notice of claim, which is a 90-day one and then 4 within a year after that, a summons and 5 complaint must be filed. The difference for 6 housing authorities is that this public -- the 7 notice of claim piece can be, in effect, tolled 8 and you will not have any statute of limitations 9 running on the one-year period. 10 What we are attempting to do with 11 this legislation is to create that parity which 12 says the Public Housing Authority would be 13 treated the same way as other municipalities. 14 ACTING PRESIDENT WRIGHT: Senator 15 Paterson. 16 SENATOR PATERSON: Mr. President, 17 would Senator Leibell yield for a question? 18 ACTING PRESIDENT WRIGHT: Senator 19 Leibell, will you yield to Senator Paterson for 20 a question? 21 SENATOR LEIBELL: Yes, Mr. 22 President. 23 ACTING PRESIDENT WRIGHT: Senator 24 Paterson. 25 SENATOR PATERSON: Are there 1490 1 provisions where the feasible extent of injury 2 to the individual plaintiff is not known? 3 SENATOR LEIBELL: No, there's no 4 provisional - 5 SENATOR PATERSON: Okay. One 6 other question. I understand that you're trying 7 to establish parity here, but the question is, 8 we're talking about only the -- we're really 9 talking about just 30 days. Is there documented 10 that many instances where the 30-day period 11 helped the plaintiff to-- that much that we need 12 to pass a law even though it's not the same as 13 it is in suing a municipality? 14 SENATOR LEIBELL: Senator, I'm 15 sorry. I'm having a little trouble hearing me. 16 SENATOR PATERSON: No? 17 SENATOR LEIBELL: Yeah. The 18 difference between the law as it is now for 19 suing the Housing Authority and the law as it 20 would be if we changed it would be 30 days. Do 21 you think that's significant enough to pass a 22 law at this time? 23 SENATOR LEIBELL: It could be any 24 amount of time. It's not -- there's 30 days. 25 Under the current situation, you could have a 1491 1 situation where it would be almost tolled 2 indefinitely, and this bill was brought to us by 3 New York City which it requested, and I think 4 part of your question that I believe I heard you 5 ask was what incidents. I'm not aware of which 6 incidents caused this for the City to request 7 this, but it is requested by the city of New 8 York. 9 SENATOR PATERSON: Okay. Thank 10 you, Senator. 11 ACTING PRESIDENT WRIGHT: Any 12 other Senator? Last section. 13 SENATOR LEICHTER: Yes, Mr. 14 President. 15 ACTING PRESIDENT WRIGHT: Senator 16 Leichter, why do you rise? 17 SENATOR LEICHTER: Senator 18 Leibell, I mean, generally statute of 19 limitations from my viewpoint is something that 20 since they deny the people the right to sue, 21 unless there's really a compelling reason to 22 impose a statute of limitations, I don't think 23 we ought to limit people's right to sue. 24 Now, I understand you're trying 25 to reach -- or the city of New York is trying to 1492 1 achieve a certain parity between other municipal 2 corporations but, you know, that as an argument, 3 it seems to me, can be made about housing 4 authorities where a lot of people live in these 5 buildings. People come in, vendors, and so on, 6 that maybe ought to be entitled to protection 7 that is somewhat different than a municipal 8 corporation has. If we want to equalize it, 9 maybe the way to do it is extend the statute of 10 limitations of municipal corporations. 11 SENATOR LEIBELL: Well, Senator, 12 I was not able to determine, to be candid with 13 you, why there was this historical -- or at 14 least something of a historical difference 15 between housing authorities and other municipal 16 corporations. I think that, you know, it is - 17 no question, with any statute of limitations, it 18 is a strong position of law. 19 I think what we're attempting to 20 do here -- I know what we're attempting to do 21 here, though, is to say we wish to see people 22 treated the same as they would be treated with 23 any other municipality. We think under those 24 circumstances that in other circumstances 25 they're treated fairly by having these 1493 1 provisions for the notice of claim and then the 2 year additional to serve a summons and complaint 3 and also the recognition that we live in an age 4 of scarce housing dollars and, to the extent we 5 can, we would wish to protect these to make sure 6 the individuals are protected but, at the same 7 time, to remove the possibilities of frivolous 8 lawsuits, et cetera, and to get dollars into 9 housing and provide the certain protections. I 10 think we accomplished this and I agree with the 11 City's position. 12 SENATOR LEICHTER: Senator, thank 13 you for your answer. 14 I just want to say that, you 15 know, I'm reading the memo to the city of New 16 York. It says the New York City Housing 17 Authority, therefore, requires -- requires the 18 addition of a new section to provide equal 19 treatment of public housing authorities before 20 courts of law. I mean, as if there's now some 21 inequality existing insofar as the Housing 22 Authority is concerned. The Housing Authority 23 is not a general municipal corporation. It has 24 a different function, a different role. I don't 25 know any compelling interest that requires it be 1494 1 the same. 2 I think -- as you know, Senator 3 Leibell, we pretty much limit the rights of 4 people to sue municipal corporations. If you 5 should have the misfortune of being involved in 6 an accident, the statute of limitations is far 7 longer than that for a municipal corporation. 8 I'm not sure that municipal corporations ought 9 to have that protection, but why extend it? Why 10 limit people's right to sue? 11 I must say, I don't think a case 12 has been made for infringing what is the - 13 really such a basic right as to allow people who 14 have been injured, who have been damaged, to sue 15 and here the statute of limitations is extremely 16 short, extremely brief. 17 I have problems with the bill, 18 sir. 19 ACTING PRESIDENT WRIGHT: Any 20 other Senator wishing to be heard? 21 (There was no response.) 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT WRIGHT: Call 1495 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 179, Senators 5 Kruger, Lachman, Leichter, Onorato, Paterson and 6 Sampson. Ayes 50, nays 6. 7 ACTING PRESIDENT WRIGHT: The 8 bill is passed. 9 Senator Dollinger, why do you 10 rise? 11 SENATOR DOLLINGER: Mr. 12 President, could I ask for unanimous consent to 13 be recorded in the negative on Calendar Number 14 167. 15 ACTING PRESIDENT WRIGHT: Without 16 objection, the Senator will be recorded in the 17 negative. 18 Senator Leichter, why do you 19 rise? 20 SENATOR LEICHTER: Yes, Mr. 21 President. I wanted to make the same motion for 22 myself. I would like to be recorded in the 23 negative on Calendar 167. 24 ACTING PRESIDENT WRIGHT: Without 25 objection, reflected on number 167. 1496 1 Senator Breslin. 2 SENATOR BRESLIN: I would also 3 like - 4 ACTING PRESIDENT WRIGHT: Senator 5 Breslin will also be recorded. 6 Senator Smith, why do you rise? 7 SENATOR SMITH: I request 8 unanimous consent to be recorded in the negative 9 on Calendar Number 167. 10 SENATOR LACHMAN: Negative on 11 167. 12 ACTING PRESIDENT WRIGHT: Senator 13 Lachman, 167, negative. Anyone else? 14 Senator Rosado in the negative on 15 167. 16 Senator Sampson. 17 SENATOR SAMPSON: Negative. 18 ACTING PRESIDENT WRIGHT: Without 19 objection. Senator Abate, 167, without 20 objection. 21 Is there anyone we missed on 22 167? 23 Senator Nanula on 167. Going 24 once - 25 THE SECRETARY: Calendar Number 1497 1 229, by Senator Rath, Senate Print 2014, an act 2 to amend the Education Law, in relation to 3 displaying the flag of the state of New York on 4 the grounds of the State University. 5 SENATOR LEICHTER: Explanation. 6 ACTING PRESIDENT WRIGHT: Senator 7 Rath, an explanation has been requested. 8 SENATOR RATH: Mr. President, 9 it's a very simple piece of legislation in front 10 of us requesting that SUNY campuses display the 11 flag of the state of New York. Many of them 12 do. I have observed some that don't. The 13 American flag is usually flying. There's 14 usually a second flagpole there and, in my 15 opinion, the flag of the state of New York 16 should be there. 17 SENATOR LEICHTER: Mr. President. 18 ACTING PRESIDENT WRIGHT: Senator 19 Leichter. 20 SENATOR LEICHTER: Yes, Mr. 21 President, On The bill. 22 Senator Rath, I'm somewhat 23 surprised and a little disappointed in this 24 bill. When I saw we're going to have a bill on 25 the State University of New York, I thought we 1498 1 would have a bill that maybe would deal with the 2 financial problems of the State University, 3 maybe with the problem of deteriorating plants, 4 maybe with the problem of increasing tuition, 5 maybe with a problem that students can't 6 graduate in five -- in four years if it takes 7 five or six years because they can't get in the 8 classes to take required courses, but maybe you 9 would address the fact that the State University 10 here in Albany has discontinued teaching 11 German. I think the only university of that 12 size claiming to be a world-class institution 13 that doesn't teach German. Unbelievable. 14 So I thought, my goodness, we're 15 going to finally address some of these 16 problems. Instead, all you come forth with is 17 that the State University should display the 18 flag of the state of New York. Frankly, they 19 can do it. I don't think it makes a great deal 20 of difference, but is that all that we can do? 21 We have a system that's in 22 terrible problems. I'm sorry that the 23 distinguished Chairman of Higher Education for 24 whom I have the greatest respect is not here, 25 but I would like to see some bills come out of 1499 1 his committee and come to the floor and get the 2 attention of this body other than telling the 3 State University how they ought to conduct their 4 commencement, when they ought to say the Pledge 5 of Allegiance, when we ought to sing the Star 6 Spangled Banner, when we ought to display the 7 flag of the state of New York. How about 8 dealing with the fact that a great university 9 system -- or which was a great university system 10 at one time is becoming a second-rate 11 institution, that it's seriously hurting the 12 economy of the state of New York and depriving 13 our young people of the opportunity to get the 14 sort of education they need to be productive 15 citizens, to be able to compete in a world 16 economy. Everybody talks about education that's 17 so important. 18 We have seen this university 19 system starved for funds. We've seen this 20 university system have a decline in student 21 applications because the students realize they 22 can no longer get a first-rate education. Take 23 a look at the decline in applications. 24 I think it's a shame -- and I'm 25 not putting the blame on the present 1500 1 administration, although clearly it deserves 2 some of the blame. I issued a report when Cuomo 3 was governor saying, you're starving the 4 system. In this state, at that particular time, 5 we were 48th among all the states on what we 6 spend on higher education and it hasn't gotten 7 any better. 8 We raised tuition at the State 9 University, as you know, two years ago by $750. 10 The Governor wants to raise it again by $400. 11 Those are the issues that we should be 12 addressing, not how to conduct commencement, not 13 what flags to display. I think it's time to get 14 serious. 15 I don't mean to be critical of 16 you as such, Senator Rath, because I'm sure 17 you're concerned about this as all of us should 18 be concerned about it, but I think the time for 19 action has come and the time for cosmetic pieces 20 of legislation is past. 21 I think we deserve much -- we 22 have a much greater obligation to the students 23 of the State University of New York than telling 24 them to fly the flag of the state of New York. 25 ACTING PRESIDENT WRIGHT: Senator 1501 1 Rath. 2 SENATOR RATH: I was about to 3 respond to you in German but I've forgotten a 4 few words. I'm sure you will be more than glad 5 to fill in for me privately outside. We'll go 6 through how this might have been in German -- in 7 Deutsch. 8 However, I'm glad we afforded you 9 the opportunity, Senator Leichter, to vent some 10 of your concerns. Let me advise you they are my 11 concerns also. I'm a graduate of the State 12 University of New York. The covers on the books 13 that I carried had that symbol on them. Every 14 day that I went to class, I opened up a book 15 that had the symbol of the State University of 16 New York on it. I knew where I came from, and I 17 think it's an important thing for all students 18 to recognize that there are places that they 19 need to remember and a place that they need to 20 remember, in my opinion, is New York State. I 21 think the flag symbolizes that and it's purely a 22 symbolic gesture. 23 SENATOR LEICHTER: Mr. President. 24 ACTING PRESIDENT WRIGHT: Senator 25 Leichter, why do you rise? 1502 1 SENATOR LEICHTER: Mr. President, 2 on the bill. Senator Rath - 3 ACTING PRESIDENT WRIGHT: On the 4 bill. 5 SENATOR LEICHTER: -- I wanted to 6 remember a state university that they're going 7 to say, I got a wonderful education that really 8 prepared me to go out in the world. It prepared 9 me to become a state Senator, as you were 10 prepared to become a state Senator and to be 11 successful as you certainly have been. That's 12 what I want them to remember. I don't want them 13 to remember, Gee, it took me six years to 14 graduate because I couldn't get the courses that 15 I needed. 16 All I'm suggesting, Senator Rath, 17 is -- and I know that expresses your viewpoint 18 -- I want to give the present generation of 19 school, of university and college students the 20 same opportunity that you had because you 21 attended that university at the time when it was 22 a great university. I want to give them the 23 same opportunity that I had some years before 24 you did when I could have gone to CUNY, and so 25 on, and would have gotten a first-class 1503 1 education. 2 What I'm saying -- and I think we 3 all have to be aware of -- that opportunity 4 doesn't exist now and that's really what we need 5 to address. I don't want to belittle your 6 concerns. I'm not belittling your bill as such, 7 but I think that we have to do more than pass 8 these sorts of bills. We have an obligation to 9 give them the same opportunity that Senator Mary 10 Lou Rath had. That's what I want to do. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 60th day. 15 ACTING PRESIDENT WRIGHT: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 56. 19 ACTING PRESIDENT WRIGHT: The 20 bill is passed. 21 If I may at this time, I have 22 been advised by the Secretary of the Senate that 23 the Legislative Office Building is again open 24 and staff can return to the LOB at this point in 25 time. 1504 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 248, by Senator Nozzolio, Senate Print 697-A, an 4 act to authorize New York State Urban 5 Development Corporation to forgive a 1986 loan 6 to Rochester Community Baseball. 7 SENATOR LEICHTER: Explanation. 8 ACTING PRESIDENT WRIGHT: Senator 9 Nozzolio, an explanation has been requested. 10 SENATOR NOZZOLIO: Thank you, Mr. 11 President. 12 It's a measure we passed last 13 June or July, which, as its title implies, 14 forgives a loan granted in 1986 of $1.5 million 15 from the Urban Development Corporation to 16 Rochester Community Baseball. 17 As part of the agreement, when 18 the former Silver Stadium became Frontier Field, 19 the stadiums were expanded and programs 20 statewide that this Legislature entered into 21 negotiations with the Assembly and then Governor 22 Cuomo and that this was part of the result of 23 those negotiations that this loan be forgiven to 24 -- as part of the total package of assistance 25 that kept professional baseball in Rochester. 1505 1 It's a measure sponsored by the 2 entire Senate delegation to Monroe County. Both 3 sides of the aisle are represented on the bill, 4 and I'm very pleased, it is an example of 5 interparty cooperation among our Senate 6 colleagues representing Monroe. 7 ACTING PRESIDENT WRIGHT: Senator 8 Leichter. 9 SENATOR LEICHTER: Yeah. Mr. 10 President, if Senator Nozzolio would yield, 11 please. 12 ACTING PRESIDENT WRIGHT: Senator 13 Nozzolio, will you yield to a question? 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. 16 ACTING PRESIDENT WRIGHT: The 17 Senator yields. 18 Senator Leichter. 19 SENATOR LEICHTER: Senator, I 20 understood you to say there was some agreement 21 that this would be done. Is that in writing? 22 SENATOR NOZZOLIO: No, Senator 23 Leichter, it's not. 24 SENATOR LEICHTER: Who is the 25 agreement with? 1506 1 SENATOR NOZZOLIO: It was part of 2 the discussions between whether or not local 3 participation is going to be accepted and the 4 degree to which local participation, which was 5 one of the requirements for the stadium's 6 construction during that omnibus act that we had 7 built stadiums across the state, that would be 8 local governments, the county of Monroe, the 9 city of Rochester, along with the Urban 10 Development Corporation mentioned this would be 11 part of a local share supported by part of the 12 agreement of the Urban Development Corporation 13 to provide assistance here as part of the total 14 package. 15 Senator -- Senator -- let me - 16 in conclusion, this is the same measure that you 17 and I discussed, the same identical bill that 18 you and I stood up on last June or July. I'll 19 probably hear the same questions that I heard 20 then. I don't have the transcript with me, but 21 you -- if you recall, you got up on this 22 measure. At that time Senator Dollinger asked 23 -- answered some of your questions, but I 24 thought at that time -- there has been no change 25 in this legislation since the last time you 1507 1 asked a number of questions about it. 2 SENATOR LEICHTER: Senator - 3 ACTING PRESIDENT WRIGHT: Senator 4 Leichter. 5 SENATOR LEICHTER: Well, Senator 6 Nozzolio, you're putting the bill forth again. 7 ACTING PRESIDENT WRIGHT: 8 Senator, do you continue to yield? 9 SENATOR LEICHTER: Is it your 10 view that once a bill is before the house and is 11 acted on and passed, that -- and it comes up 12 again, that it's improper to have a discussion 13 on it or debate on it? I would assume that's 14 not your view. 15 In any event, yes, we discussed 16 it and, frankly, I found much more favor in the 17 bill now than it had in July. I'm still trying 18 to understand it. I asked you who the agreement 19 was made with. I'm not sure I got a very clear 20 answer. When -- Senator Nozzolio, when was that 21 agreement made? 22 SENATOR NOZZOLIO: During the - 23 Senator, Mr. President, it was made during the 24 discussions on stadium financing that took place 25 throughout this state -- at projects throughout 1508 1 this state during the period, I believe it was 2 1994 and early '95. 3 SENATOR LEICHTER: Mr. President. 4 ACTING PRESIDENT WRIGHT: Senator 5 Leichter. 6 SENATOR LEICHTER: If Senator 7 Nozzolio would be good enough to continue to 8 yield. 9 ACTING PRESIDENT WRIGHT: 10 Senator, do you continue to yield? 11 SENATOR NOZZOLIO: Yes, Mr. 12 President. 13 ACTING PRESIDENT WRIGHT: The 14 Senator continues to yield. 15 Senator Leichter. 16 SENATOR LEICHTER: Senator, is it 17 your view that state officials, bureaucrats as 18 they're sometimes referred to, can bind the 19 state of New York and this Legislature to fiscal 20 commitments without action from the 21 Legislature? 22 SENATOR NOZZOLIO: Is that a - 23 Senator, I'm not going to answer that question. 24 It's too broad, too hypothetical, too 25 theoretical. If you would like me to respond to 1509 1 a particular component of this measure, I would 2 be glad to. If you like to ask me a question on 3 general philosophy, I would be glad to. That 4 question is much too broad to give you an answer 5 that would be concise enough for this debate. 6 SENATOR LEICHTER: Well, Mr. 7 President, if - 8 ACTING PRESIDENT WRIGHT: Senator 9 Leichter. 10 SENATOR LEICHTER: Senator 11 Nozzolio, I want to make it as easy for you as 12 possible. I don't want to, you know, give you 13 any questions that you consider are very hard or 14 difficult to answer. So let me see if I can put 15 it in terms that will allow you to respond. 16 My question is whether 17 commitments that become obligations of the state 18 of New York should be acted on by the 19 Legislature. 20 SENATOR NOZZOLIO: I think 21 certainly, Mr. President, under many 22 circumstances, this Legislature has the duty and 23 responsibility, the legal obligation to make 24 fiscal decisions that certainly -- that's the 25 reason why this bill is before us today, that we 1510 1 have a fiscal decision to make, a decision that 2 is a decision that has been enacted by the 3 Assembly and that I'm hopeful that the Senate 4 will follow suit. 5 SENATOR LEICHTER: All right. 6 Then - 7 ACTING PRESIDENT WRIGHT: Senator 8 Leichter. 9 SENATOR LEICHTER: If you'll 10 continue to yield. 11 ACTING PRESIDENT WRIGHT: Senator 12 Nozzolio, do you continue to yield? 13 SENATOR NOZZOLIO: Yes, Mr. 14 President. 15 ACTING PRESIDENT WRIGHT: The 16 Senator continues to yield. 17 Senator Leichter. 18 SENATOR LEICHTER: Then you agree 19 that it's a matter that the Legislature has to 20 look at de novo because it is, indeed, the act 21 of the Legislature and we are not bound by what 22 seems to me a somewhat uncertain amorphous 23 agreement that was entered into apparently 24 through the UDC that doesn't buy this and we 25 ought to take a look at it on the basis of the 1511 1 merits. You presented an argument that was 2 predicated on the fact that this was agreed to 3 and that's why I asked you those questions as to 4 the extent to which that binds the Legislature 5 and should bind the Legislature. 6 SENATOR NOZZOLIO: Mr. President, 7 if I could respond to this general statement. 8 ACTING PRESIDENT WRIGHT: Senator 9 Nozzolio. 10 SENATOR NOZZOLIO: Senator 11 Leichter, this was part of an entire package of 12 stadium construction that reached every corner 13 of the state, virtually and that we, as a 14 Legislature, established certain parameters, one 15 of which was that local participation was 16 certainly something that was to be achieved, 17 that local commitment to building stadiums was 18 going to be part and parcel of the policy that 19 this Legislature endorsed. 20 The measure before us reflects 21 the implementation of the policy that we put in 22 motion in 1994 and again in 1995 because we had 23 to pass this measure twice -- not this measure 24 before us but the measure which established 25 stadium construction policy. We passed that 1512 1 policy question twice. This Legislature voted 2 on two separate occasions, two different legis 3 latures voted to support stadium construction, 4 other athletic facility construction across the 5 state of New York. Within each of those 6 projects, there were a series of discussions, 7 some longer than others, depending upon the 8 scope of the project. There may have been 9 nuances that required an additional look because 10 each project was similar but each was also - 11 had different characteristics. 12 The Monroe County project that 13 built -- constructed Frontier Field had with it 14 a number of characteristics unique to Monroe 15 County but still complied with the general 16 framework established by the policies of two 17 successively elected legislatures that required 18 local participation in the construction and 19 acceptance of the construction by the Urban 20 Development Corporation of these stadium 21 facilities. 22 Monroe County had in its 23 discussions an item that, as you read the bill, 24 Senator, 1986 there was a loan of $1.5 million 25 to renovate the then stadium which was 1513 1 constructed, that, as the county of Monroe, city 2 of Rochester, Monroe Community Baseball entered 3 into negotiations with the Urban Development 4 Corporation for their percentages of 5 responsibility in the construction of Frontier 6 Field, this was put on the table. 7 So, Senator, to answer your 8 questions, I believe that these discussions 9 between the parties mentioned and referenced in 10 the bill were discussions to implement the 11 policy that this Legislature decided not once 12 but twice in the construction of stadiums across 13 the state. 14 SENATOR LEICHTER: Mr. President, 15 if Senator Nozzolio - 16 ACTING PRESIDENT WRIGHT: Senator 17 Leichter, Senator Nozzolio, do you continue to 18 yield? 19 SENATOR NOZZOLIO: Yes, Mr. 20 President. 21 ACTING PRESIDENT WRIGHT: The 22 Senator yields. 23 SENATOR LEICHTER: Senator, am I 24 correct in understanding that the Urban 25 Development Corporation made a loan of $1500, 1514 1 which was -- which was public monies, is that 2 right? 3 SENATOR NOZZOLIO: No, Senator, 4 it's not correct. 5 SENATOR LEICHTER: Well, isn't 6 what we're forgiving here a 1986 loan of $1500 7 from the New York State Urban Development 8 Corporation to Rochester Community Baseball? 9 SENATOR NOZZOLIO: No, Senator, 10 that's not correct. 11 SENATOR LEICHTER: Well, what are 12 we forgiving? 13 SENATOR NOZZOLIO: You're leaving 14 out a few zeros. 15 SENATOR LEICHTER: Excuse me? 16 SENATOR NOZZOLIO: You're leaving 17 out a few zeros, Senator. It's not $1500, 18 Senator Leichter. It's 1.5 million. 19 SENATOR LEICHTER: I believe I 20 said one million-five. 21 SENATOR NOZZOLIO: No, Senator. 22 SENATOR LEICHTER: I said 1500? 23 I'm sorry. I abbreviated it. It's $1.500 24 million, $1,500,000, right? That was the loan 25 that was given, is that correct? 1515 1 SENATOR NOZZOLIO: Mr. President, 2 this bill deals with a loan that was granted in 3 1986 for $1.5 million. 4 SENATOR LEICHTER: Right. And 5 there was a mortgage that was given, a security 6 for this loan, is that correct? 7 SENATOR NOZZOLIO: Under whatever 8 the principal of security interest that the 9 Urban Development Corporation extends or 10 establishes in these types of situations, I 11 think were the norm, Senator, yes. 12 SENATOR LEICHTER: Was there 13 anything in those documents which said that that 14 loan was going to be forgiven? 15 SENATOR NOZZOLIO: Probably not, 16 Senator. I have not seen the documents, 17 Senator. I would have to say probably not. My 18 best guess would be probably not. 19 SENATOR LEICHTER: Thank you very 20 much, Senator Nozzolio. 21 The problem - 22 ACTING PRESIDENT WRIGHT: Senator 23 Leichter, on the bill. 24 SENATOR LEICHTER: The problem I 25 have with the bill -- I want to be as generous 1516 1 to Rochester and I want to be generous to every 2 community in the state of New York. I just want 3 to make sure that everybody is being treated 4 equally now. 5 I appreciate this is a bipartisan 6 measure and you have enlisted the aid and put 7 the name on of Senator Dollinger. It's rare 8 that, frankly, I see his name on these sort - 9 on bills, but I guess a bill of this sort, where 10 forgetting a loan, in effect, giving up monies 11 that belong to the people of the state of New 12 York, maybe that's the time you want to make 13 something bipartisan. 14 I've had a problem all along with 15 the Urban Development Corporation, with the ESD 16 because I think it often acts like a fourth 17 branch of government. It engages in financial 18 and economic activities that are outside of the 19 structure that we've set up in this state. 20 Now we're told that here they 21 made a loan. They got a mortgage, but then 22 somewhere along the line somebody promised that 23 that loan and mortgage would be forgiven. I 24 don't know who it was. I don't know what 25 documents it is. Apparently it's not in 1517 1 writing. Is this something that we should do? 2 Is this something that we owe the people of the 3 good city of Rochester? Is this good policy? I 4 don't know because, frankly, I have not been 5 given any reason that I can see to justify 6 taking an action. It's $1,500,000 that is still 7 some sum of money. It belongs to the people of 8 the state of New York. We are the stewards of 9 the monies that belong to the people of the 10 state of New York. We spend a lot of money. We 11 expend monies for a lot of purposes but at least 12 we're given some reason, some justification. 13 I, frankly, have not heard that 14 justification. 15 SENATOR DOLLINGER: Mr. 16 President. 17 ACTING PRESIDENT WRIGHT: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Mr. 20 President, on this bill. 21 First of all, I want to thank 22 Senator Nozzolio. He was up running with the 23 football and perhaps I should have been up 24 blocking for him, but this is a bill that 25 confirms a deal that was made between the state 1518 1 of New York and the people of the Rochester 2 community. Is it in writing? No, it isn't in 3 writing, but I can tell you that I sat in 4 meetings with Lee Webb right in that hallway 5 with Senator Nozzolio which we had the following 6 discussion. We're going to take less money than 7 our proportionate share for the building of our 8 stadium than we would otherwise get. We're 9 going to take a million and a half dollars 10 less. Why? Because we need forgiveness of the 11 loan on the Silver Stadium site in order to be 12 able to convert the site to an economic 13 development use, otherwise we're going to have 14 the mortgage left on the property, and I don't 15 know what Senator Nozzolio heard but I'll tell 16 you what I heard. Lee Webb told me that at that 17 point he thought UDC could forgive the loan 18 unilaterally, that it didn't need the authority 19 of the state Legislature to give away -- to 20 forgive the million-and-a-half-dollar loan which 21 would, when added to the principal of cash that 22 we got, bring us up to a level equal to the 23 stadium funding that Buffalo got and Auburn got 24 and Geneva got and all the other places the New 25 York State stadium got. 1519 1 It was represented to us that the 2 loan could be released unilaterally. Subsequent 3 to that there were extensive discussions with 4 the Assembly and I believe the Senate Majority 5 counsel about whether there was a bill needed to 6 forgive the loan. They decided in order to 7 clear the title to allow this property on the 8 northeast side of Rochester, one of our poorest 9 communities in a site that's just waiting for 10 redevelopment, in fact, has a company willing to 11 buy half of it right off the bat to turn into 12 profitable use and turn into a business 13 enterprise. 14 We have pushed this bill, Senator 15 Nozzolio, Senator Alesi and Senator Maziarz had 16 picked it up and moved it, I appreciate that, 17 but this is a bill that will simply confirm the 18 final terms of a deal that every member of the 19 Monroe County Delegation has understood. 20 Senator, I'll agree it isn't in 21 writing. I'll agree it may not be the best 22 public policy not to have these things in 23 writing but this was in June of 1994. We were 24 out in the hall finishing off the stadium 25 funding. The question was how much Rochester 1520 1 would get versus how much Buffalo and the other 2 communities got. We got our fair share. If we 3 don't forgive this loan, we'll end up with less 4 than what we negotiated, less than the deal 5 called for and less than what we anticipated. 6 It was a time of hurry up and get 7 the legislation done but throughout the 8 discussions, the forgiveness of the loan to make 9 way for development in northeast Rochester to 10 bring jobs to the poorest part of Monroe County, 11 this was always part of the deal. 12 ACTING PRESIDENT WRIGHT: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT WRIGHT: Call 17 the roll. 18 (The Secretary called the roll.) 19 SENATOR LEICHTER: Mr. President. 20 ACTING PRESIDENT WRIGHT: Senator 21 Leichter. 22 SENATOR LEICHTER: Explain my 23 vote. I'm going to change my vote from last 24 year because the explanation of Senator 25 Dollinger was clear. I accept his word that 1521 1 that representation was made. Certainly it was 2 made to him, but I must say it's a poor way - 3 it's a poor way to do business, and I just 4 really caution everyone here, as I have over the 5 years, that we need to rein in the UDC and the 6 ESD. I don't know why Webb can say, well, we'll 7 forgive a million-five, and so on. It's just 8 not the way that we ought to be conducting the 9 business of the state of New York and certainly 10 not the monies of the state of New York to be 11 disbursed and dispensed in this way. 12 You say the promise was made. 13 You say that, if you don't get it, you're going 14 to be shortchanged. You say it's necessary to a 15 poor community in Rochester. I'll accept that. 16 I'll vote to it. Next time, though, put it in 17 writing. 18 ACTING PRESIDENT WRIGHT: 19 Results? 20 THE SECRETARY: Ayes 58. 21 ACTING PRESIDENT WRIGHT: The 22 bill is passed. 23 Senator Montgomery. 24 SENATOR MONTGOMERY: Mr. 25 President, I would like unanimous consent to be 1522 1 recorded in the negative on Calendars 179 and 2 205. 3 ACTING PRESIDENT WRIGHT: Without 4 objection, Senator Montgomery will be recorded 5 in the negative on Calendars 179 and 205. 6 SENATOR MONTGOMERY: Thank you. 7 ACTING PRESIDENT WRIGHT: Senator 8 Stavisky. 9 SENATOR STAVISKY: Mr. President, 10 I would like to be recorded in the negative on 11 Calendar 205. 12 ACTING PRESIDENT WRIGHT: Without 13 objection, Calendar 205 in the negative. 14 SENATOR STAVISKY: 250, I'm 15 sorry. Have we disposed of that already? 16 ACTING PRESIDENT WRIGHT: 17 Senator, 250 has not been taken up yet. 18 SENATOR STAVISKY: Withdraw the 19 request. 20 ACTING PRESIDENT WRIGHT: Thank 21 you. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 250, by Senator Bruno, Senate Print 706, an act 25 to amend the Vehicle and Traffic Law. 1523 1 SENATOR MAZIARZ: Mr. President. 2 ACTING PRESIDENT WRIGHT: Senator 3 Maziarz. 4 SENATOR MAZIARZ: Mr. President, 5 at the request of the sponsor, can we lay 6 Calendar Number 250 aside for the day, please. 7 ACTING PRESIDENT WRIGHT: 8 Calendar Number 250 will be laid aside for the 9 day. 10 Senator Maziarz, that completes 11 the controversial calendar. We would like to 12 return to standing committees reports. 13 SENATOR MAZIARZ: Yes, Mr. 14 President. There is an immediate meeting - 15 immediately following session, I should say -- a 16 meeting of the Committee on Racing, Wagering and 17 Gaming in Room 332. 18 ACTING PRESIDENT WRIGHT: Senator 19 Maziarz, there will be an immediate meeting of 20 the Racing Committee after session in Room 332. 21 ACTING PRESIDENT WRIGHT: We'll 22 return to reports of -- Senator Maziarz. 23 SENATOR MAZIARZ: Mr. President, 24 I would like to -- regarding the resolution 25 commemorating National Employer -- National 1524 1 Employ Older Workers Week, March 9th to 15th, to 2 be opened up for any other member that would 3 like to sign on. 4 ACTING PRESIDENT WRIGHT: The 5 resolution will be open to any member of the 6 Senate who wishes to sign on, please indicate. 7 Senator Maziarz, could we place 8 everyone on that resolution unless they - 9 SENATOR MAZIARZ: Yes. 10 ACTING PRESIDENT WRIGHT: So 11 ordered. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Yes, Mr. 14 President. At this time could we return to 15 reports of standing committees. 16 ACTING PRESIDENT WRIGHT: The 17 Secretary will read. 18 THE SECRETARY: Senator Levy, 19 from the Committee on Transportation, reports 20 the following bills: 21 Senate Print 507, by Senator 22 Maziarz, an act to amend the Vehicle and Traffic 23 Law; 24 606, by Senator Levy, an act to 25 amend the Vehicle and Traffic Law, in relation 1525 1 to operation of vehicles; 2 749, by Senator Present, an act 3 to amend the Vehicle and Traffic Law, in 4 relation to snowmobile dealer registrations; 5 809, by Senator Johnson, an act 6 to amend the Vehicle and Traffic Law, in 7 relation to motorcycle accident reporting; 8 924, by Senator Levy, an act to 9 amend the Vehicle and Traffic Law; 10 927-A, by Senator Levy, an act to 11 amend the Vehicle and Traffic Law and the Public 12 Authorities Law; 13 928-A, by Senator Levy, an act to 14 amend the Railroad Law and the Penal Law; 15 1775, by Senator Levy, an act to 16 amend the Transportation Law; 17 1930, by Senator Libous, an act 18 to amend the Vehicle and Traffic Law, in 19 relation to the expiration of parking 20 violations. 21 Senator Meier, from the Committee 22 on Veterans and Military Affairs, reports: 23 Senate Print 2497, with 24 amendments, by Senator Meier, an act to amend 25 the Real Property Tax Law; 1526 1 2573, by Senator Meier, an act to 2 amend the Education Law and the Public Health 3 Law. 4 Senator DeFrancisco, from the 5 Committee on Tourism, Recreation and Sports 6 Development, reports: 7 Senate Print 1939, by Senator 8 DeFrancisco, an act to amend the Parks, 9 Recreation and Historic Preservation Law; 10 2970, by Senator DeFrancisco, an 11 act to amend the Navigation Law. 12 Senator Goodman, from the 13 Committee on Investigations, Taxation and 14 Government Operations, reports: 15 Senate Print 1477, by Senator 16 Cook, an act to amend the Tax Law, in relation 17 to extending authorization granted to the county 18 of Ulster; 19 1747, by Senator Seward, an act 20 to amend the Tax Law; 21 1858, by Senator Cook, an act to 22 amend the Tax Law, in relation to extending the 23 authorization granted to the county of Greene. 24 Senator Holland, from the 25 Committee on Social Services, offers up the 1527 1 following report: 2 Senate Print 231, by Senator 3 Holland, an act to amend the Social Service Law 4 and the Workmen's Compensation Law; 5 322, by Senator Holland, an agent 6 to repeal Section 147 of the Social Services 7 Law; 8 480, by Senator DeFrancisco, an 9 act to amend the Social Services Law; 10 2625, by Senator Tully, an act to 11 amend Chapter 693 of the Laws of 1996. 12 All bills directly for third 13 reading. 14 ACTING PRESIDENT WRIGHT: All 15 reports directly to third reading. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Mr. President, 18 is there any other housekeeping at the desk? 19 ACTING PRESIDENT WRIGHT: There 20 is no housekeeping. 21 SENATOR MAZIARZ: There being no 22 further business, I move we adjourn until 23 Wednesday, March the 12th, at 11:00 a.m. 24 ACTING PRESIDENT WRIGHT: Motion 25 to adjourn. The Senate is adjourned until 1528 1 Wednesday, March 12th, at 11:00 a.m. 2 (Whereupon, at 4:07 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10