Wednesday, April 2, 1997

2286 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 April 2, 1997 11 11:07 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 2287 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, staff to find their places. 5 Ask everybody in the chamber to rise and join me 6 in saying the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag. ) 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Tuesday, April 1st. The Senate met pursuant to 16 adjournment. The Journal of Monday, March 31st, 17 was read and approved. On motion, Senate 18 adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees. 2288 1 Secretary will read. 2 THE SECRETARY: Senator Saland, 3 from the Committee on Children and Families, 4 reports the following bills: 5 Senate Print 255, by Senator 6 Rath, an act to amend the Family Court Act; 7 490, by Senator Saland, an act to 8 amend the Family Court Act; 9 815, by Senator Saland, an act to 10 amend the Family Court Act; 11 2716, by Senator Skelos, an act 12 to amend the Executive Law; 13 3208, by Senator Skelos, an act 14 to amend the Criminal Procedure Law. 15 Senator Marchi, from the 16 Committee on Corporations, Authorities and 17 Commissions reports: 18 Senate Print 1981, by Senator 19 Velella, an act to amend Chapter 465 of the Laws 20 of 1994; 21 2654, by Senator Kuhl, an act to 22 amend the Public Authorities Law; 23 2849, by Senator Marchi, an act 24 to amend the Not-for-Profit Corporation Law; 25 3672, by Senator Wright, an act 2289 1 to amend the Public Authorities Law; 2 3691, by Senator Marchi, an act 3 to amend the Business Corporation Law. 4 Senator Stafford, from the 5 Committee on Finance, reports: 6 Senate Bill 3, by Senator Bruno, 7 an act to amend the Education Law, and others; 8 331, by Senator Skelos, an act to 9 amend the Executive Law; 10 3029, by Senator Holland, an act 11 to create the Piermont Library District; 12 3425, by Senator Stafford, an act 13 to amend the State Finance Law, and 14 3469, by Senator Volker, an act 15 to amend the Executive Law. 16 All bills ordered direct for 17 third reading. 18 ACTING PRESIDENT KUHL: Without 19 objection, all bills moved directly to third 20 reading. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 24 Motions and resolutions. 25 SENATOR SKELOS: Mr. President. 2290 1 ACTING PRESIDENT KUHL: Senator 2 Skelos. 3 SENATOR SKELOS: At this time, 4 may we please adopt the Resolution Calendar in 5 its entirety. 6 ACTING PRESIDENT KUHL: Senator 7 Skelos, Senator Meier requested that we take his 8 resolution separately. It's 849. So is that - 9 SENATOR SKELOS: No objection. 10 ACTING PRESIDENT KUHL: Motion is 11 to adopt the Resolution Calendar excepting for 12 Resolution Number 849. All those in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The Resolution Calendar is 18 adopted. 19 Senator Skelos. 20 SENATOR SKELOS: Would you please 21 recognize Senator Meier. 22 ACTING PRESIDENT KUHL: Let the 23 Secretary read the title of the privileged 24 resolution at the desk by Senator Meier. 25 THE SECRETARY: By Senator Meier, 2291 1 Legislative Resolution 849, memorializing the 2 Honorable George E. Pataki, Governor, to 3 proclaim April 9th, 1997 as Prisoner of War 4 Recognition Day in New York State. 5 ACTING PRESIDENT KUHL: Senator 6 Meier, on the resolution. 7 SENATOR MEIER: Thank you, Mr. 8 President. 9 Just briefly, I thought it would 10 be appropriate for us to pause in connection 11 with this resolution today which memorializes 12 the Governor to proclaim April 9th as former POW 13 Recognition Day in the state and requests that 14 we fly the POW-MIA flag next to the state flag 15 outside the Capitol. 16 The day, April 9th, is 17 significant in connection with prisoners of war 18 for it marks the beginning on April 9th, 1942 of 19 the infamous Bataan Death March. Along that 20 march, some 11,000 American soldiers, having 21 surrendered to the Japanese Army at Bataan, were 22 forced to walk some 60 miles to a concentration 23 camp, and along the way some 2,000 of them lost 24 their lives. 25 But this resolution also honors 2292 1 all prisoners of war from all conflicts in which 2 this country has engaged, but it focuses in on 3 April 9th because those who participated in that 4 march exemplified the valor and fidelity which 5 those who were found captive while wearing the 6 uniform of this country have shown throughout 7 our history. 8 It's important today that we 9 pause to remember those who, despite captivity 10 and deprivation and even in some instances 11 despite torture, kept faith with their country, 12 kept faith with their values, kept faith with 13 duty and honor and in doing so with all of us 14 and with posterity. 15 Mr. President, I move the 16 resolution's adoption, and I would also ask that 17 it be opened to sponsorship to any other members 18 wishing to do so. 19 ACTING PRESIDENT KUHL: Senator 20 LaValle, did you wish to be on the resolution? 21 SENATOR LAVALLE: Yes. 22 ACTING PRESIDENT KUHL: We'll put 23 you on the resolution. Senator Marcellino. 24 O.K. All those members, I take it that most of 25 the members are on it already. Senator Skelos, 2293 1 if you'd like us to put all on except those who 2 do not wish to be on? 3 SENATOR SKELOS: Any that do not 4 wish to be on the resolution, if they could 5 notify the desk within the next couple of 6 hours. 7 ACTING PRESIDENT KUHL: Question 8 is on the resolution. All those in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 The resolution is adopted. 14 Senator Farley. 15 SENATOR FARLEY: Yes, sir, Mr. 16 President. I'd like to star some bills here. 17 On behalf of Senator Padavan, would you place a 18 sponsor's star on Calendar 359. 19 ACTING PRESIDENT KUHL: Calendar 20 359 is starred at the request of the sponsor. 21 Senator Farley. 22 SENATOR FARLEY: On behalf of 23 Senator Saland, if you'd place a sponsor's star 24 on Calendar 408. 25 ACTING PRESIDENT KUHL: Calendar 2294 1 408 is starred at the request of the sponsor. 2 Senator Skelos. 3 SENATOR SKELOS: And if we could 4 return to reports of standing committees, I 5 believe there's a report of the Finance 6 Committee at the desk. I ask that it be read 7 and you recognize Senator Stafford. 8 ACTING PRESIDENT KUHL: Return to 9 the order of reports of standing committees. 10 Secretary will read the report of the Finance 11 Committee. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, reports the 14 following nomination: 15 Member of the Life Care Community 16 Council, Craig A. Duncan, of Averill Park. 17 SENATOR STAFFORD: Move 18 confirmation. 19 ACTING PRESIDENT KUHL: Question 20 is on the nomination of Craig A. Duncan, of 21 Averill Park, to become a member of the Life 22 Care Community Council. All those in favor of 23 the nomination, signify by saying aye. 24 (Response of "Aye.") 25 Opposed nay. 2295 1 (There was no response. ) 2 The nominee is confirmed. 3 Secretary will continue to read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, reports the 6 following nomination: 7 Member of the New York State 8 Olympic Regional Development Authority, George 9 J. Heim, of North River. 10 ACTING PRESIDENT KUHL: Senator 11 Stafford. 12 SENATOR STAFFORD: Move 13 confirmation, please. 14 ACTING PRESIDENT KUHL: Motion is 15 to move the nomination of George J. Heim, of 16 North River as a member of the New York State 17 Olympic Regional Development Authority. All 18 those in favor of the nomination, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The nominee is confirmed. 24 Senator Skelos. 25 SENATOR SKELOS: Are there any 2296 1 substitutions to be made? 2 ACTING PRESIDENT KUHL: There are 3 two at the desk. 4 SENATOR SKELOS: Make the 5 substitutions. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: On page 27, 9 Senator Libous moves to discharge from the 10 Committee on Consumer Protection Assembly Bill 11 Number 4205 and substitute it for the identical 12 Third Reading Calendar 264. 13 On page 18, Senator Cook moves to 14 discharge from the Committee on Agriculture 15 Assembly Bill Number 4920 and substitute it for 16 the identical Third Reading Calendar 388. 17 On page 18, Senator Kuhl moves to 18 discharge from the Committee on Agriculture 19 Assembly Bill Number 5409 and substitute it for 20 the identical Third Reading Calendar 389. 21 And on page 25, Senator Skelos 22 moves to discharge from the Committee on 23 Insurance Assembly Bill Number 357-A, and 24 substitute it for the identical Third Reading 25 Calendar 466. 2297 1 ACTING PRESIDENT KUHL: 2 Substitutions are ordered. 3 Senator Skelos, that brings us to 4 the calendar. 5 SENATOR SKELOS: If we could take 6 up the non-controversial calendar, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the non-controversial calendar. 10 THE SECRETARY: Calendar Number 11 259, by Senator Lack, Senate Print 2918-A, an 12 act to amend the Family Court Act, in relation 13 to appeals of cases. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 1st day of 18 January. 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 2298 1 326, by Senator Levy, Senate Print 928-A, an act 2 to amend the Railroad Law and the Penal Law, in 3 relation to trespassing on railroad premises. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 1st day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 47. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 386, by Senator LaValle, Senate Print 3173, an 17 act to amend the Public Authorities Law, in 18 relation to financing and construction of 19 certain facilities. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 2299 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 396, by Senator Marcellino, Senate Print 1133-A, 7 an act to amend the Vehicle and Traffic Law, in 8 relation to certificates of inspection. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 49. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 397, by Senator Kuhl. 21 SENATOR PATERSON: Lay aside. 22 ACTING PRESIDENT KUHL: There is 23 a home rule message at the desk. Secretary will 24 lay the bill aside. 25 THE SECRETARY: Calendar Number 2300 1 398, by Senator Seward, Senate Print 3094, an 2 act to amend the Tax Law, in relation to 3 extending the expiration of provisions. 4 SENATOR PATERSON: Lay aside, 5 please. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 401, by Senator Present, Senate Print 3248, an 10 act to amend the Tax Law, in relation to 11 extending the authorization of the county of 12 Cattaraugus. 13 SENATOR PATERSON: Lay aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 402, by Senator Present, Senate Print 3290, an 18 act to amend the Tax Law and Chapter 574 of the 19 Laws of 1986. 20 SENATOR PATERSON: Lay aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 24 413, by Senator Johnson, Senate Print 2496, an 25 act to amend the State Finance Law and the 2301 1 Vehicle and Traffic Law, in relation to 2 establishing a motorcycle safety fund. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect April 1st. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 49. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 424, by Senator Velella, Senate Print Number 15 2601, an act to amend the Public Authorities 16 Law, in relation to directing the Metropolitan 17 Transportation Authority. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 3. 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 49. 2302 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos, that completes 4 the reading of the non-controversial calendar. 5 SENATOR SKELOS: Mr. President, 6 if we could take up the controversial calendar, 7 please. 8 ACTING PRESIDENT KUHL: Secretary 9 will -- Secretary will read the controversial 10 calendar. 11 THE SECRETARY: On page 19, 12 Calendar Number 397, by Senator Kuhl, Senate 13 Print 2219, an act to amend the Tax Law, in 14 relation to extending the additional one percent 15 rate of sales and compensating use taxes in the 16 county of Steuben. 17 SENATOR PATERSON: Explanation. 18 ACTING PRESIDENT WRIGHT: Senator 19 Kuhl, an explanation has been requested. 20 Senator Kuhl, Senator Paterson has requested an 21 explanation. 22 SENATOR KUHL: Thank you, Mr. 23 President. 24 This is a bill that is local to 25 Steuben County. It's a county out in the Finger 2303 1 Lakes area of New York State, for those people 2 who don't know where Steuben County is. It's 3 the home of major corporations like Corning, 4 Incorporated, Dresser Rand. It's also my home 5 county. 6 The county board of legislators 7 several years ago made the determination that, 8 in order for them to continue financing the 9 programs that they were providing at the county 10 level, be it transportation programs, public 11 assistance programs and the basic county 12 functions, they decided that instead of levying 13 a real property tax, the most fair way of 14 raising funds to support this program was by 15 increasing the sales tax on non-exempt items in 16 that county, so they elected at that time to 17 raise the sales tax from the level of 7 percent 18 to 8 percent, and this is, I believe, the second 19 time that they have come back to us and asked us 20 to extend the authority for them to continue 21 that sales tax in place in order for them to 22 finance their governmental operations; so this 23 is a bill that is coming to us as a result of a 24 home rule request from the Steuben County board 25 of legislators. 2304 1 ACTING PRESIDENT WRIGHT: Senator 2 Paterson. 3 SENATOR PATERSON: Thank you very 4 much, Mr. President, for Senator Kuhl's 5 explanation. 6 Mr. President, Senator Kuhl made 7 it clear that this continues the financing to 8 Steuben County, and my question simply is, since 9 that is the case, doesn't passage of this 10 legislation require a three-fifths vote of the 11 house? 12 ACTING PRESIDENT WRIGHT: Yes, it 13 does, Senator Paterson. It requires a three 14 fifths vote, and there is a home rule message at 15 the desk. 16 SENATOR PATERSON: It is a three 17 fifths bill. Thank you, Mr. President. 18 ACTING PRESIDENT WRIGHT: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT WRIGHT: Call 23 the roll. 24 (The Secretary called the roll. ) 25 SENATOR PATERSON: Party vote in 2305 1 the negative. 2 SENATOR SKELOS: Lay the bill 3 aside. 4 ACTING PRESIDENT WRIGHT: Lay the 5 bill aside. Continue the controversial 6 calendar. Secretary will read - 7 SENATOR SKELOS: Go ahead. 8 ACTING PRESIDENT WRIGHT: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 398, by Senator Seward, Calendar Number 3094, an 12 act to amend the Tax Law, in relation to 13 extending the provisions. 14 ACTING PRESIDENT WRIGHT: Senator 15 Paterson. 16 SENATOR PATERSON: Is there a 17 home rule message at the desk? 18 ACTING PRESIDENT WRIGHT: It's 19 not required on this bill, Senator Paterson. 20 SENATOR PATERSON: Mr. President, 21 may I ask why we would not have a home rule 22 message at the desk on this type of legislation? 23 ACTING PRESIDENT WRIGHT: I'm 24 advised, Senator Paterson, that it's not 25 required under our rules. 2306 1 SENATOR PATERSON: Well, Mr. 2 President, this piece of legislation does 3 exactly what the last piece does. It continues 4 a tax. Under my understanding of the rules, it 5 would require a three-fifths forum to pass and 6 would also require a home rule message. 7 ACTING PRESIDENT WRIGHT: Senator 8 Paterson, I'm advised that it does require a 9 three-fifths vote, but does not require a home 10 rule message. 11 SENATOR PATERSON: Thank you, Mr. 12 President. 13 ACTING PRESIDENT WRIGHT: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 SENATOR PATERSON: Party vote in 18 the negative. 19 SENATOR SKELOS: Lay the bill 20 aside. 21 ACTING PRESIDENT WRIGHT: Bill is 22 laid aside. 23 THE SECRETARY: Calendar Number 24 401, by Senator Present, Senate Print 3248, an 25 act to amend the Tax Law, in relation to 2307 1 extending the authorization of the county of 2 Cattaraugus. 3 ACTING PRESIDENT WRIGHT: Read the 4 last 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 SENATOR PATERSON: Party vote in 11 the negative. 12 ACTING PRESIDENT WRIGHT: Bill is 13 laid aside. 14 THE SECRETARY: Calendar Number 15 402, by Senator Present, Senate Print 3290, an 16 act to amend the Tax Law and Chapter 574 of the 17 Laws of 1986, amending the Tax Law. 18 ACTING PRESIDENT WRIGHT: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT WRIGHT: Call 23 the roll. 24 (The Secretary called the roll. ) 25 SENATOR PATERSON: Mr. 2308 1 President. 2 ACTING PRESIDENT WRIGHT: Senator 3 Paterson. 4 SENATOR PATERSON: Party vote in 5 the negative. 6 SENATOR SKELOS: Lay it aside. 7 ACTING PRESIDENT WRIGHT: Bill is 8 laid aside. 9 SENATOR SKELOS: Mr. President, 10 at this time, may we please take up Senate 3, 11 which was reported earlier from the Finance 12 Committee. It's Calendar Number 485. 13 ACTING PRESIDENT WRIGHT: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 485, by Senator Bruno, Senate Print 3, an act to 17 amend the Education Law and others, in relation 18 to enacting the New York State College Choices 19 Act. 20 ACTING PRESIDENT WRIGHT: Senator 21 LaValle, an explanation has been requested. 22 SENATOR LAVALLE: Mr. President, 23 I rise to talk about this bill and explain some 24 of the provisions in the legislation and 25 hopefully answer some of the questions that 2309 1 Senator Paterson might have, but I think we have 2 to start by once again congratulating our 3 Majority Leader for his wisdom and foresight. 4 This bill, as you look at it, is 5 Senate Number 3, so that it holds a very, very 6 high priority and will send out a very strong 7 signal because it, by its definition, "college 8 choice program", will allow families and 9 individuals with a methodology, a very simple 10 and dependable way to prepare for their 11 children's college education. 12 Provisions -- if we look at the 13 purposes, and I'm going to read right from the 14 bill because I think it will give you very 15 clearly what we're talking about. We are 16 encouraging individuals to save to help pay the 17 cost of higher education, to help make the 18 benefits of higher education located within the 19 state available to the people of this state, 20 promote the economic development of the state by 21 creating opportunities for a highly educated 22 work force, enable residents of the state to 23 take advantage of the tax incentives and lastly, 24 attract students to public and private colleges 25 and universities within the state. 2310 1 During a press conference earlier 2 in this year that Senator Bruno and I had, I had 3 indicated that this bill is truly a "I Love New 4 York Colleges" legislation because it will help 5 New Yorkers send their students to New York 6 colleges and it will hopefully provide a 7 dependable future source of students to our 8 colleges. 9 This legislation sets up two 10 programs. One is the family college account, 11 the FCA. This will allow individuals to plan to 12 save for the future of sending their child to a 13 public or private institution. They can save up 14 to $5,000 each year in this account and that the 15 annual state tax exemption contributions would 16 be available up to the $5,000 and over the 17 course of the contributions up to a maximum of 18 $100,000. The interest earnings are state 19 tax-exempt. 20 The second account is the prepaid 21 tuition account, and this will be used to -- for 22 an individual that knows that they want their 23 son or daughter to attend a public institution, 24 whether it be a two-year or a four-year program, 25 they can lock in -- they have the ability to 2311 1 guarantee the tuition costs at the current 2 price, whatever the tuition is in the year the 3 account is open. It would also have unlimited 4 annual state tax-exempt contributions up to a 5 maximum value of four tuition units and also the 6 interest earnings are state tax-exempt and 7 federally tax deferred. 8 The notion of planning and saving 9 for the future in these kinds of accounts has 10 become more available because of actions that 11 have been taken in Congress that allow the 12 states to move into this area. Myself and other 13 individuals have sponsored legislation in 14 previous years, and last year we came very, very 15 close to having a Senate-Assembly bill. This 16 year, I am very confident with Senator Bruno's 17 leadership and the hard work that went into this 18 bill to make it probably the best of all the 19 bills that were put in. 20 This bill also is distinguished 21 from some of the other bills in that, while 22 there is a board that would be selected, the 23 board would oversee and select a financial 24 institution that would actually market and 25 invest the monies in this account so that it is 2312 1 not government run; it is government as an 2 oversight board of some other financial entity 3 that would actually market the program and 4 invest the funds in the program, and this 5 differs very, very differently. 6 This bill again differs from any 7 of the bills, we believe, that have been filed 8 because the interest on the earnings are 9 tax-exempt as well as the contributions being 10 tax-exempt, and so we've taken the best parts of 11 ideas that have been put forth over a period of 12 time, we have embellished upon them and I think 13 it is certainly the best bill, and again I 14 congratulate our Majority Leader for bringing 15 this bill to the floor so early in the session 16 and for the hard work of the staff that went 17 into this legislation. 18 ACTING PRESIDENT WRIGHT: Senator 19 Paterson, why do you rise? 20 SENATOR PATERSON: Thank you, Mr. 21 President. 22 We'd like to congratulate Senator 23 LaValle. His explanation was quite sufficient. 24 We had similar proposals, one offered by Senator 25 Stavisky, which really goes back nearly a decade 2313 1 in which he's talking about basically the same 2 things, and I just wanted to point out that 3 there is such a rich opportunity for our state 4 to benefit from what Senator LaValle and Senator 5 Stavisky are talking about that this is probably 6 the most apt legislation before hopefully our 7 conference committees in the Legislature, and it 8 would enure to our benefit to make new law 9 hopefully in the near future. 10 I'll be voting aye, Mr. 11 President. 12 ACTING PRESIDENT WRIGHT: Read 13 the last section. 14 THE SECRETARY: Section 9. This 15 act shall take effect immediately. 16 ACTING PRESIDENT WRIGHT: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 52. 20 ACTING PRESIDENT WRIGHT: The 21 bill is passed. 22 ACTING PRESIDENT KUHL: Senator 23 Skelos, that completes the reading of the 24 controversial calendar. 25 SENATOR SKELOS: Yes, if we could 2314 1 call up Calendar 469, by Senator Maziarz. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title of Calendar 469, by Senator 4 Maziarz. 5 THE SECRETARY: Calendar Number 6 469, by Senator Maziarz, Senate Print 3888, an 7 act to amend the Insurance Law, the Tax Law and 8 the Administrative Code of the city of New York 9 in relation to long-term care insurance. 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Maziarz, an explanation of Calendar Number 469 13 has been requested by the Acting Minority 14 Leader, Senator Paterson. 15 SENATOR MAZIARZ: Thank you, Mr. 16 President. 17 Mr. President, this is a chapter 18 amendment to properly implement Chapter 81 of 19 the Laws of 1995, wherein it was granted a tax 20 deduction for premiums paid for long-term care 21 insurance. The tax deduction was based on a 22 sliding scale. 23 The 1995 law established 24 stringent standards for long-term care 25 insurance, policies that qualify for this new 2315 1 tax deduction. Unfortunately, these standards 2 were so stringent that only one company offers a 3 long-term care insurance policy that qualifies 4 for the tax deduction. The standards included 5 limitations on the inflation rate provision of 6 managed care and length of time for convert 7 ability. 8 Eventually, what this legislation 9 hopefully will do, Mr. President, is lower the 10 state's expenditures on Medicaid by encouraging 11 citizens in their late 40s, mid-50s, 60s, to 12 purchase long-term care insurance and, there 13 fore, when these individuals may be required to 14 have some long-term -- to be admitted to 15 long-term health care facilities that rather 16 than the state taxpayers picking up the tab, 17 that private insurance companies would be 18 supplementing our expenditures. 19 Thank you, Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson. 22 SENATOR PATERSON: Mr. President, 23 if Senator Maziarz would yield for a question. 24 ACTING PRESIDENT KUHL: Senator 25 Maziarz, do you yield for a question? 2316 1 SENATOR MAZIARZ: Certainly, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR PATERSON: Senator, I'm 6 not certain whether the legislation is requiring 7 the long-term care or whether it is in a sense 8 enhancing the opportunity for it. Would you 9 enlighten me on that? 10 SENATOR MAZIARZ: Senator, the 11 legislation, I can tell you, does not require 12 long-term care. What it does is it gives an 13 individual, say, in your age bracket, Senator, 14 and my age bracket, the ability to go out there 15 to purchase affordable insurance so that some 16 day when I may require the services of long-term 17 health care facilities -- nursing home, if you 18 will -- that rather than either my family - 19 ending up as a financial burden on my family or 20 ending up as a financial burden on the taxpayers 21 of the state of New York, that we would have 22 this insurance policy; but it doesn't require 23 people to buy it. All it does is, it makes it 24 available. 25 ACTING PRESIDENT KUHL: Senator 2317 1 Paterson. 2 SENATOR MAZIARZ: And, Mr. 3 President, if I could just note, my 4 understanding is that this bill is going to pass 5 in the other house today also. I just wanted to 6 note that, Senator Paterson. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Thank you, Mr. 10 President. If the Senator would continue to 11 yield. 12 ACTING PRESIDENT KUHL: Senator 13 Maziarz, do you continue to yield? Senator 14 continues to yield. 15 SENATOR PATERSON: Senator, I'm 16 sorry. I wasn't sure, and you allayed my 17 anxiety on this issue, that it will not be 18 required. 19 If you will yield to another 20 question. The question is simply how do you 21 feel this will lower the cost of health care 22 over a prescribed period? 23 SENATOR MAZIARZ: Well, as I 24 stated, rather than -- well, what it will lower 25 is the amount of money that the state provides 2318 1 for long-term health care insurance by making 2 the private insurance companies pay as opposed 3 to an individual ending up on the Medicaid 4 rolls. 5 ACTING PRESIDENT KUHL: Senator 6 Paterson. 7 SENATOR PATERSON: Thank you. If 8 the Senator would yield to another question. 9 SENATOR MAZIARZ: Certainly, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator, 12 do you continue to yield? Senator continues to 13 yield. 14 SENATOR PATERSON: What would be 15 the actuarial figures that you would use to 16 actually determine what the insurance would be? 17 Isn't it possible that the rate that would be 18 charged would be far in excess of what good care 19 would actually be worth, and in that respect the 20 private insurance company has an opportunity to 21 establish a windfall from this kind of 22 procedure? 23 SENATOR MAZIARZ: Policies, of 24 course, are regulated by the Insurance 25 Department, Senator, and also competition. I 2319 1 mean there are a lot of private insurance 2 companies out there that offer these types of 3 policies throughout the country, but un 4 fortunately, because of some technical problems 5 with this legislation that was passed back in 6 1995, almost all these policies that we've had 7 come before the Aging Committee -- and I know 8 that Assemblyman Grannis in the other house 9 faced the same problem -- that almost all these 10 policies are stamped "not available in New 11 York," so I think the answer to your question is 12 two-fold. 13 I think both a regulation from 14 the Insurance Department and also the 15 competitive insurance market will make -- will 16 ensure that these policies are, in fact, 17 available and affordable. 18 SENATOR PATERSON: Thank you 19 again, Mr. President. If Senator Maziarz would 20 yield to one more question? 21 ACTING PRESIDENT KUHL: Senator 22 Maziarz, do you continue to yield? 23 SENATOR MAZIARZ: Certainly. 24 ACTING PRESIDENT KUHL: Senator 25 continues to yield. 2320 1 SENATOR PATERSON: Senator, what 2 in the legislation prevents there, in fact, 3 being little competition that once a decision is 4 made to purchase this kind of policy that the 5 subscriber is locked in and, therefore, if there 6 is any -- if there are any competitive rates on 7 the market over a period of years, that the 8 individual is now, in a sense, locked into a 9 policy that may actually cost a lot more than 10 what the rate might be down the road? 11 SENATOR MAZIARZ: Well, I think 12 certainly the purchaser of the insurance company 13 -- I'm sorry, the purchaser of the policy can 14 certainly change companies if he likes, much the 15 way that we do with insurance that we purchase 16 today for homeowners or car insurance, or so 17 forth, that the insured can go out -- he 18 certainly has the ability to go out there and 19 purchase insurance from another company. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson. 22 SENATOR PATERSON: Thank you, 23 Senator. 24 ACTING PRESIDENT KUHL: Senator 25 Onorato, why do you rise? 2321 1 SENATOR ONORATO: Mr. President, 2 would the Senator yield to a question? 3 ACTING PRESIDENT KUHL: Senator 4 Maziarz, do you yield to a question from Senator 5 Onorato? 6 SENATOR MAZIARZ: Certainly. 7 ACTING PRESIDENT KUHL: Senator 8 yields. 9 SENATOR ONORATO: Senator, I'm 10 very concerned about long-term care for the 11 older individuals, and I'm interested in the 12 rates. We just heard the bill for college 13 tuition. If I were to purchase such a policy, 14 am I locked in now for the duration to ensure 15 that I don't get increased premiums as I get 16 older? If I elect to go in now and the rate is 17 $3,000 a year to purchase it, when I become 60, 18 will the rates become $5,000, or do I -- am I 19 guaranteed the same premium from the date of 20 purchase? 21 SENATOR MAZIARZ: There is an 22 inflation protection written into this 23 legislation, Senator. 24 ACTING PRESIDENT KUHL: Any other 25 Senator -- Senator Dollinger. 2322 1 SENATOR DOLLINGER: Yes, if the 2 Senator would yield to just a couple quick 3 questions. 4 ACTING PRESIDENT KUHL: Senator 5 Maziarz, do you yield to a couple questions from 6 Senator Dollinger? 7 SENATOR MAZIARZ: Certainly, Mr. 8 President. 9 ACTING PRESIDENT KUHL: Senator 10 yields. 11 SENATOR DOLLINGER: Senator 12 Velella, I think, carried the bill that created 13 this program, and it's absolutely a great 14 program. I supported it strongly. I continue 15 to support it strongly, and I'm aware, Senator, 16 that a number of my constituents called me to 17 say, I bought the premium in 1966 when it was 18 available, I filed my tax return and asked for 19 the deduction and I can't get the deduction and 20 the preparers are telling me that it's because 21 of the technicality that the Department of 22 Insurance has been aware of, so my assumption is 23 that this is the bill that corrects that 24 technicality as you described it, Senator. 25 SENATOR MAZIARZ: I'm sorry. 2323 1 Could you repeat the question. 2 SENATOR DOLLINGER: This is the 3 bill that would allow full deduction under New 4 York law for the premiums paid for long-term 5 care insurance, is that correct? 6 SENATOR MAZIARZ: I'm sorry, 7 Senator. I wasn't able to hear. 8 SENATOR DOLLINGER: I apologize. 9 The purpose of this bill is to provide for full 10 deduction to the amount permissible by each 11 taxpayer, of the premiums paid for long-term 12 care insurance. 13 SENATOR MAZIARZ: Yes. 14 SENATOR DOLLINGER: O.K. My 15 question, again through you, Mr. President, if 16 the Senator will continue to yield, is the way 17 that it's done here in this bill, it refers to a 18 very specific section of the Internal Revenue 19 Code. My question is, why do we attach it to a 20 specific section of the Internal Revenue Code 21 when Congress could change the Internal Revenue 22 Code and we end up bollixing up the whole thing? 23 Is there any way we can do this by generic 24 reference rather than by specific reference, so 25 that we don't run into a problem of running into 2324 1 a technicality at some time in the future if the 2 federal code is changed? 3 SENATOR MAZIARZ: That's 4 apparently what we ran into in 1995, and I 5 think, you know, the only answer is, Senator, 6 that we would have to come back and do another 7 technical amendment. I don't know that we could 8 leave it without that -- without that 9 specificity in the legislation. 10 SENATOR DOLLINGER: O.K. I guess, 11 Mr. President, on the bill. 12 I'm surely going to vote in favor 13 of this bill. This is a good correction. I 14 know that it's been needed. A number of my 15 constituents, as I mentioned a minute ago, have 16 contacted me and said, We can't get the benefit 17 of the deduction, and I'm pleased to hear that 18 the Assembly has a comparable bill that will 19 also pass because I think we need to put this in 20 place now. 21 One of the questions, is it going 22 to be effective for this tax filing period? Will 23 they be able to get the deduction for premiums 24 that they purchased in 1996? I don't know 25 whether either Senator Velella or Senator 2325 1 Maziarz may be able to answer that, but by 2 correcting it today do we give them the benefit 3 of that deduction for last year? 4 SENATOR MAZIARZ: Well, I'm 5 assuming you're asking me to yield. 6 SENATOR DOLLINGER: Yes. 7 SENATOR MAZIARZ: I'm assuming he 8 would allow me to do that. So the answer to 9 your question is yes, we're trying to work that 10 out. We're trying to work that out with Tax and 11 Finance right now. 12 SENATOR DOLLINGER: O.K. 13 SENATOR MAZIARZ: The answer is 14 yes, it is effective and applicable for the 1996 15 tax year. 16 SENATOR DOLLINGER: A final 17 question. 18 SENATOR MAZIARZ: Yes. 19 SENATOR DOLLINGER: Thank you, 20 Mr. President. 21 I'll be voting yes on the bill. 22 ACTING PRESIDENT KUHL: Is there 23 any other Senator wishing to speak on the bill? 24 Hearing none, the Secretary will read the last 25 section. 2326 1 THE SECRETARY: Section 7. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Santiago, why do you 10 rise? 11 SENATOR SANTIAGO: Mr. President, 12 for the record, had I been in the chamber 13 yesterday when the vote was taken on Calendar 14 Numbers 273, 295 and 365, I would have been 15 recorded in the negative. Thank you. 16 ACTING PRESIDENT KUHL: The 17 record will so reflect, Senator Santiago, that 18 had you been in the chamber yesterday, that you 19 would have voted in the negative on Calendar 20 Numbers 273, 295 and also 365. 21 SENATOR SKELOS: Can we stand at 22 ease for a moment. 23 ACTING PRESIDENT KUHL: Senate 24 will stand at ease for a moment. 25 (The Senate stood at ease from 2327 1 11:50 a.m., to 12:02 p.m.) 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. 4 Chair recognizes Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we at this time return to Calendar Number 7 397. 8 ACTING PRESIDENT KUHL: Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 397, by Senator Kuhl, Senate Print 2219, an act 12 to amend the Tax Law, in relation to extending 13 the one percent rate of sales and use taxes. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. There is a home 16 rule message at the desk. 17 Senator Dollinger? 18 SENATOR DOLLINGER: Mr. 19 President, just to record my vote. 20 ACTING PRESIDENT KUHL: There is 21 a home rule message at the desk. Secretary will 22 read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 2328 1 roll. 2 (The Secretary called the roll. ) 3 ACTING PRESIDENT KUHL: Record 4 the negatives and announce the results. 5 THE SECRETARY: Ayes 52, nays 2, 6 Senators Dollinger and Gentile recorded in the 7 negative. 8 ACTING PRESIDENT KUHL: Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President, 11 can we take up Calendar Number 398. 12 THE SECRETARY: Calendar Number 13 398, by Senator Seward, Senate Print 3094, an 14 act to amend the Tax Law, in relation to 15 extending authorization. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Paterson. 18 SENATOR PATERSON: Mr. 19 President. Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson, excuse me just a minute. Can we have 22 a little order in the house, please. If you 23 have conversations that you need to carry out, 24 please take it out of the chamber. Have the 25 staff please take their seats. Pretty noisy in 2329 1 here. Thank you, Senator Paterson. 2 Senator Paterson. 3 SENATOR PATERSON: Thank you, Mr. 4 President. I appreciate the order, because I 5 have a guilty conscience, Mr. President. You 6 know, I was thinking that it really wasn't 7 three-fifths of the vote of the house, it was 8 three-fifths of the quorum present, to allow us 9 to take this bill up, so I just want to let you 10 know, Mr. President, that as soon as I realized 11 that that I let the Majority know, and they have 12 always understood my integrity on this floor and 13 that I would want the right thing to prevail and 14 so they need only three-fifths of the quorum of 15 the members present, so I just wanted to offer 16 that; but, Mr. President, there is just one 17 other thing. This bill really needs a home rule 18 notice, and I know that none of us would want to 19 leave here today without a home rule because we 20 couldn't go home without a rule and, therefore, 21 we shouldn't leave this chamber without a home 22 rule and, therefore, I think, Mr. President, 23 this bill has got to be ruled out of order at 24 this time because this is a continuation of a 25 tax just like the bill we just passed, 397, the 2330 1 one to a great place in Steuben, a place I'm 2 sure you're familiar with, and it's my opinion 3 that we've got to lay this bill aside right now 4 until we have an established home rule message 5 at the desk. 6 ACTING PRESIDENT KUHL: Senator 7 Bruno, on that point? 8 SENATOR BRUNO: Mr. President, my 9 very learned colleague, once again demonstrates 10 his awareness, his knowledge of the Constitution 11 and the laws of this state, and he recognizes 12 that a quorum is all that was necessary to move 13 legislation. 14 I almost hesitate under these 15 circumstances to differ with my colleague in 16 that our very learned Home Rule Counsel tells us 17 that while it is nice to have a home rule 18 message on this legislation, it is legally not 19 required. 20 So since we are moving forward 21 with a legal process, Mr. President, I would 22 recommend that we are in order, that we are 23 doing things legally, and that we should vote on 24 the bill that is before us. 25 ACTING PRESIDENT KUHL: Senator 2331 1 Paterson, you wish to be heard on that point 2 again? 3 SENATOR PATERSON: Yes, Mr. 4 President. 5 We will have to research the 6 legality, and Senator Bruno was just thinking 7 that he has a feeling that I might not agree 8 with him, but that's what makes this country 9 great, that we can disagree, but not be 10 disagreeable; but, Mr. President, putting aside 11 the legal test, there is still principle that 12 guides us, and this is a tax. This bill is 13 clearly the continuation of a tax. 14 Now, we know that there are many 15 people in here who have bewailed repeatedly 16 about how they don't like the continuation of 17 taxes. In fact, sometimes they would have us 18 believe that lowering taxes alone will re-ignite 19 the engine of our economy, that just lowering 20 taxes is going to deliver prosperity to this 21 state. So I don't know whether that's true or 22 not, but certainly I wouldn't want to go through 23 with this without a home rule message because 24 that is the way that we, through our 25 Constitution, establish that we are continuing a 2332 1 tax, by having the local government give us, in 2 a sense, the explanation for why this process is 3 needed; and so, this will be my last plea, I 4 really would like to ask the Majority Leader to 5 think it over just for a moment, consult with 6 counsel, and to consult with personal principle, 7 before taking us through this inexorable tax 8 escalation without proper procedure. 9 All right, Mr. President. 10 Therefore, I move that we adjourn to April the 11 7th at 3:00 p.m., intervening days being 12 legislative days. 13 ACTING PRESIDENT KUHL: Senator 14 Bruno, having had a moment to reflect on that, 15 did you want to comment? 16 SENATOR BRUNO: I wanted to know 17 what he had for breakfast. I want the same 18 tomorrow. 19 The memo that we have before us 20 indicates that the local county -- the legisla 21 ture requests in a memo the passage of this 22 legislation so that they can go on with their 23 business; so we are again deferring to the 24 locality. Senator Seward has gone to just 25 double check, but if you take a look at the 2333 1 memo, maybe you could share it with our 2 colleagues, this is at the request of the 3 legislature. The formality of a message is 4 something that some legislatures forward 5 gratuitously and others just send a letter 6 making a note through a memo, in this case it 7 was a memo, at the bottom of their request. 8 So having shared these different 9 points of view, I see Senator Seward back 10 smiling, so I'm sure he is about to concur in 11 everything that we have had to say. 12 Senator Seward, do you have 13 something to add to enlighten these colleagues 14 that need enlightening? 15 SENATOR SEWARD: Well - 16 ACTING PRESIDENT KUHL: Senator 17 Seward. 18 SENATOR SEWARD: I think Senator 19 Bruno has been doing a masterful job of 20 explaining this bill, but I would leave the 21 strictly legal questions to the Home Rule 22 Counsel and others, but I can report to my 23 colleagues that the Cortland County Legislature 24 had, in fact, passed a resolution requesting 25 this -- that this legislation be passed, so 2334 1 certainly the -- the legally constituted voice 2 of the people of Cortland County, through their 3 legislature, is requesting that action be taken 4 on this legislation. 5 ACTING PRESIDENT KUHL: Senator 6 Marchi. 7 SENATOR MARCHI: I just wanted to 8 add here that we're extending an authorization. 9 There is no pistol at anybody's head that they 10 have to vote it, so that the simple fact that 11 we're doing this is to enhance their power to do 12 it if they want to, but the action really rests 13 in the hands of the people that are going to be 14 affected. So I don't think it rises to the 15 objection in this case. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on the point 18 of order? 19 The Chair will be consistent with 20 the prior chairman who ruled that the bill was 21 in order, and so the Secretary will read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 2335 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT KUHL: Record 4 the negatives and announce the results. 5 SENATOR GOLD: Mr. President, if 6 I may explain my vote. 7 ACTING PRESIDENT KUHL: Senator 8 Gold, to explain his vote. 9 SENATOR GOLD: Mr. President, 10 while there was some, I think, important legal 11 issue that was raised by Senator Paterson, and I 12 think that the response that was given by 13 Senator Bruno is dignified, and I also took that 14 while we've been casual with each other, it's a 15 serious answer and I appreciate that. I also 16 appreciate the fact that Senator Seward went out 17 to check on the legality, and my feeling is that 18 at this point the people of that locality 19 apparently are interested in us taking certain 20 action, and I think I'm going to respect that as 21 I would with Senator Kuhl and others, and I know 22 I do this with a sense of great pride knowing 23 that in the next three, four, five days, Senator 24 Bruno, your actions on this floor and the 25 actions of many of the others on this side will 2336 1 be respectful of my constituency in their 2 desires and needs. 3 Now, I don't know whether this 4 tax is the perfect thing for that locality. I'm 5 not being asked to know that. I'm being asked 6 to respect their wishes. I'm being asked to 7 give them the right to basically run their 8 community, so whereas I'm not sitting in 9 judgment of them as to what's best for them, 10 Senator, I know that this same respect will come 11 back to us maybe Monday or next week or whoever 12 knows, when we tell you what our constituents 13 want and what they think is the best for them. 14 I'm going to vote in the 15 affirmative. 16 ACTING PRESIDENT KUHL: Senator 17 Gold will be recorded in the affirmative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 398 are Senators 21 Breslin, Connor, Dollinger, Gentile, Kruger, 22 Montgomery, Paterson, Santiago, Seabrook and 23 Smith. Ayes 43, nays 10. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 2337 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, in 3 the lightness of the moment, Senator Paterson 4 had placed a motion to adjourn on the floor. I 5 am, for the record, just judging that that was 6 done lightly and since there was no second we 7 will, for the record, just move forward with the 8 business that's before us, and I would then 9 consequently call up Calendar Number 401. 10 ACTING PRESIDENT KUHL: Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 401, by Senator Present, Senate Print 3248, an 14 act to amend the Tax Law, in relation to 15 extending the authorization of the county of 16 Cattaraugus. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 24 ACTING PRESIDENT KUHL: Record 25 the negatives and announce the results. 2338 1 THE SECRETARY: Ayes 52, nays 2, 2 Senators Dollinger and Gentile recorded in the 3 negative. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, 8 can we at this time take up Calendar Number 9 402. 10 ACTING PRESIDENT KUHL: Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 402, by Senator Present, Senate Print 3290, an 14 act to amend the Tax Law and Chapter 574 of the 15 Laws of 1986. 16 ACTING PRESIDENT KUHL: Read the 17 last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 ACTING PRESIDENT KUHL: Record 24 the negatives and announce the results. 25 THE SECRETARY: Ayes 52, nays 2, 2339 1 Senators Dollinger and Gentile recorded in the 2 negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Bruno. 6 SENATOR BRUNO: Mr. President, 7 can we at this time proceed with the motions to 8 discharge that are scheduled? 9 ACTING PRESIDENT KUHL: We'll go 10 to the order of motions to discharge. Senator 11 Paterson. 12 SENATOR PATERSON: Mr. President 13 -- Mr. President, we had scheduled for this 14 afternoon seven motions to discharge offered by 15 Senator Leichter. They were filed on March 24th 16 and March 25th under Rule XI. The three 17 intervening legislative days have expired and 18 today was the day that we gave notice that 19 Senator Leichter would be introducing those 20 motions. 21 Senator Leichter, due to a 22 transportation problem, was unable to get to the 23 chamber on time, and I am advising the Chair 24 that the motions that Senator Leichter would 25 like to introduce will be delayed at this time 2340 1 until a date in the future. 2 ACTING PRESIDENT KUHL: Senator 3 Bruno, would you like to be heard on that 4 statement? 5 SENATOR BRUNO: I'm a little 6 puzzled by the statement, and that's why, Mr. 7 President, I hesitate to get to my feet because 8 we had been asked yesterday when these motions 9 were scheduled, to please delay until today and 10 so, in accommodating my colleagues, we, of 11 course, deferred and scheduled for today and 12 changed the time of the session to make it 13 earlier rather than later so that we could hear 14 what had to be said and then get on with the 15 rest of the day for some people that will be 16 traveling. 17 So I only make that comment and 18 observation, Mr. President. I know you're 19 listening to every word that I'm uttering, as 20 others are, and I would just suggest that we 21 proceed and get on with the business that is 22 before us as expeditiously as we can. 23 ACTING PRESIDENT KUHL: Senator 24 Paterson, would you like to be heard on that 25 statement? 2341 1 SENATOR PATERSON: I don't know 2 if I'd like him to hear this, but I would just 3 point out, Mr. President, that Senator Leichter 4 is -- has a very interesting set of proposals 5 that he'd like to bring before the Senate. He 6 worked very hard on these motions to discharge. 7 They relate to campaign financing around the 8 state, and some measures that Senator Leichter 9 and a number of groups that he's worked with 10 have offered to try to level the playing field. 11 As you may be aware, New York 12 City has a completely new campaign finance law 13 which many feel has been particularly helpful. 14 The state of Maine has a complete new finance 15 law around that state which has given 16 opportunities for candidates who may have not 17 been able to compete before and certainly 18 truncated the process that may have often led to 19 excessive influence, and so the amount of work 20 that he would like to have offered to the 21 chamber was only really obfuscated by the fact 22 that Senator Leichter was unable to be in 23 attendance yesterday, and Senator Bruno was not 24 only correct but quite gracious when he held 25 over the schedule and shortened the time in 2342 1 which we began session to try to accommodate 2 Senator Leichter. 3 Unfortunately Senator Leichter 4 was unable to be in attendance today and since 5 we have 75 to 80 legislative days and there are 6 only a couple to which we can add motions to 7 discharge, these kinds of unforeseen 8 circumstances do arise, and what we are just 9 simply saying is that we understand the 10 schedule. We understand the inconvenience. I 11 know that Senator Leichter would be very 12 disappointed to know that this situation would 13 occur on this week or I'm sure he would have 14 made such other arrangements. 15 And so, on behalf of Senator 16 Leichter, I was just suggesting to the Chair 17 that what we would simply do to accommodate one 18 of our colleagues who is unable to be here with 19 us is simply to put this over until some time 20 that perhaps we have time and we can hear 21 Senator Leichter's motions to discharge, and 22 that was really all I was offering in good faith 23 and with the understanding that the Majority has 24 been quite cooperative in re-scheduling after 25 the first day that Senator Leichter was unable 2343 1 to be here and, if that sounds like it's 2 sensible to Senator Gold -- does that sound 3 sensible to you? And I'm sure - 4 SENATOR GOLD: Does the gentleman 5 ask me to yield? 6 SENATOR PATERSON: Yes, I just 7 wanted to know if you like the idea? 8 SENATOR GOLD: Senator, if you're 9 asking me to yield, I say to myself the word 10 "yes" and the word "no" are simple words and 11 every time you ask somebody a question you can 12 get a yes or a no, but the questions aren't 13 always equal, and it seems to me that we have 14 rules as to when bills are handled and the 15 Majority is pretty lenient in terms of whether 16 their members are here or not here on bills that 17 they get reported out of committee. We have 18 rules that, if it's on for so many days, it's 19 supposed to be starred. I don't really know, 20 Senator Paterson, when you keep jumping up and 21 enforcing that -- I know you're not jumping - 22 but the only issue here is whether or not this 23 distinguished chamber will fall completely if a 24 courtesy is given to Senator Leichter which is 25 given to every single member of the Majority 2344 1 when they decide that they will take their bill 2 or their idea and have it debated on one day or 3 another. 4 Senator Bruno gave a courtesy and 5 we give him kudos for that. If we leave a 6 little earlier today, everybody will be happy 7 about that, and there's really no harm. If 8 Senator Bruno wants to play hard ball, he's 9 entitled, that's his role as our leader and as 10 the President, but it seems to me that it's 11 playing hard ball for a cause that really 12 doesn't exist. 13 So, Senator Paterson, yes, I 14 think you make a lot of sense. I think this 15 chamber is not injured in the slightest, it's 16 not inconvenienced in the slightest if it's put 17 over and if Senator Leichter receives the same 18 accommodation that 35 Republicans get every 19 single day of the week. 20 SENATOR BRUNO: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Bruno. 23 SENATOR BRUNO: Senator Paterson, 24 Senator Gold, we are -- and we welcome visitors 25 to our chamber. We are doing the best that we 2345 1 can, Mr. President, under very difficult 2 circumstances to govern. Sometimes the Minority 3 makes it very, very difficult. 4 We do have rules. They are 5 established. They have been voted on by the 6 Majority in this house. We are trying to follow 7 the rules. Senator Gold is right, we have 8 flexibility, and we thought we were being very 9 flexible, very accommodating by their own words, 10 but when do you start to create disorder, and 11 when do you start to create chaos in a 12 legislative process? 13 Senator Paterson, I think we are 14 very close to that in that now you're asking us 15 to bunch all of these motions into when, Monday, 16 Tuesday? We'll have as many as what, 12, 14 in 17 one day? 18 Mr. President, for the record, 19 I'd like to say I don't think that's orderly. I 20 don't think that's good government. I don't 21 think that's what we ought to be doing, but 22 having said all of that, Senator Paterson, is 23 that truly your wish that we take these up next 24 week? And that's a question, Mr. President. 25 ACTING PRESIDENT KUHL: You only 2346 1 get one wish, Senator Paterson. 2 SENATOR BRUNO: How about Monday, 3 Mr. President? How about Monday, Mr. President? 4 How about Monday, Mr. President? 5 SENATOR PATERSON: How about 6 Tuesday, Mr. President? 7 SENATOR BRUNO: Now, why Tuesday, 8 Mr. President, not Monday? 9 SENATOR PATERSON: Because these 10 are campaign finance proposals and Tuesday is 11 election day. That's always the day that we 12 have for election day, and that's the day we 13 should discuss campaign finances. 14 SENATOR BRUNO: In what country 15 is that, Mr. President? 16 SENATOR PATERSON: My one wish, 17 Mr. President, is Tuesday, and three more 18 wishes. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno. 21 SENATOR BRUNO: Mr. President, 22 are there any motions before us on the floor 23 presently? 24 ACTING PRESIDENT KUHL: We have 25 not read in the first motion. We've just gone 2347 1 to the order of motions to discharge. We have 2 not read the first motion. 3 SENATOR BRUNO: I want to 4 establish, Mr. President, truly for the record 5 and in all seriousness, in that our rules 6 dictate that if motions are scheduled for a 7 particular time and a particular date and if 8 those motions aren't acted on, then they pass 9 and they don't get acted on. So I am just 10 suggesting that, if these motions are not taken 11 up in order as they were scheduled, then those 12 motions are truly behind us and it isn't a 13 question of Monday, Tuesday or any other day. 14 Those motions would not be intended to be placed 15 on this floor, so I ask the Minority to consider 16 their own actions because I know that they'd 17 want to review some of the motions that they 18 have indicated to us that they would do 19 yesterday, then indicated again that they would 20 do today, so I am suggesting to them that if 21 they feel strongly about this, then they ought 22 to get on with the business of governing and do 23 it today, and if not today then I would withhold 24 any judgments and take a look next week at what 25 our schedules look like and what happens and 2348 1 just recognize that there will be no obligation 2 to revisit these particular motions that were 3 scheduled to be taken up today. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson, I take it from Senator Bruno's 6 statement, that the genie will not appear and 7 grant your wish. 8 SENATOR GOLD: Mr. President. 9 ACTING PRESIDENT KUHL: Just if I 10 might, and Senator Gold -- and that it is your 11 determination to either proceed with the motions 12 to discharge at this point or subject yourself 13 to the determination by the Majority Leader as 14 to whether or not he wishes to revisit these 15 next week at his own, and with his own 16 discretion. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Gold, why do you rise? 20 SENATOR GOLD: I just wanted to 21 ask Senator Bruno when it's convenient for him 22 and I will take his math because I know that 23 while he's fair about a lot of things, when it 24 comes to gentlemanly situations like this, I can 25 rely upon his integrity. If Senator Bruno would 2349 1 make a list, Mr. President, let's take last year 2 for an example. 3 ACTING PRESIDENT KUHL: Senator 4 Gold, why don't we just pause for a moment. I 5 notice that Senator - 6 SENATOR GOLD: I was giving him 7 some compliments. 8 ACTING PRESIDENT KUHL: I know 9 that Senator Bruno has many, many talents but I 10 don't think one of them is listening to two or 11 three people at the same time, and I notice that 12 your respected leader is conferring with him, so 13 why don't we just give him a minute to conclude 14 that conversation. 15 SENATOR GOLD: On the other hand, 16 we could do that too. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson, why do you rise? 19 SENATOR PATERSON: Mr. President, 20 just for the record, and we certainly in this 21 quite long and often over-taxing legislative 22 process, have engaged in a little mirth and good 23 humor here on the floor, but very seriously just 24 to conclude, there really is nothing in the rule 25 that states that a date certain must be 2350 1 scheduled for these motions for discharge. 2 The motion for discharge is 3 actually something that theoretically would be 4 possible at the end of every legislative 5 session. What we have all done is worked 6 together to accommodate the process so that we 7 don't stay here for excessively long periods of 8 time, but there's nothing in the rules that say 9 that because Senator Leichter had scheduled this 10 motion for April the 2nd -- well, it originally 11 was April the 1st, and then changed to April 2nd 12 -- that it necessarily expires because Senator 13 Leichter was unable to attend. 14 In fact, what is actually the 15 case is that three days that were -- would run 16 during the introduction of the motion are all 17 that the rules actually require. However, 18 because of what Senator Bruno has pointed out, 19 his own graciousness and his own personal 20 attention to this matter, he's come out here on 21 the floor when there are many other issues of 22 the state that are important that he has to deal 23 with, and he has come out here and talked about 24 it, so we will certainly as individuals accept 25 what the Majority Leader is saying but, for the 2351 1 record, I would just like to point out that when 2 Senator Leichter comes back, that I'm sure that 3 he would -- may attempt at some point in the 4 future to bring these motions before the full 5 floor, but to close debate on this we certainly 6 do understand the point that the Majority Leader 7 is trying to make and we are as always trying to 8 work cooperatively with the Majority. 9 ACTING PRESIDENT KUHL: Senator 10 Bruno. 11 SENATOR BRUNO: Mr. President, I 12 want to thank Senator Paterson for his 13 indulgence and his consideration and I would now 14 ask if there's any housekeeping, other things at 15 the desk that we should be attending to now? 16 ACTING PRESIDENT KUHL: Yes, we 17 do have a report from the Health Committee which 18 met earlier today. So if we could return to the 19 order of reports of standing committees, Senator 20 Bruno, I'd ask the Secretary to read the report 21 of the Health Committee. 22 THE SECRETARY: Senator Hannon, 23 from the Committee on Health, reports the 24 following bills: 25 130-A, by Senator Tully, an act 2352 1 to amend the Public Health Law; 2 479-A, by Senator DeFrancisco, an 3 act to amend the Public Health Law; 4 708, by Senator Trunzo, an act to 5 amend the Public Health Law; 6 1736, by Senator Hannon, an act 7 to amend the Public Health Law; 8 2705, by Senator Kuhl, an act to 9 amend the Public Health Law; 10 3000-A, by Senator Hannon, an act 11 to enact the Cancer Research Improvement Act of 12 1997; and 13 3659, by Senator Hannon, an act 14 to amend the Public Health Law and the Penal 15 Law. 16 All bills ordered direct for 17 third reading. 18 ACTING PRESIDENT KUHL: Without 19 objection all bills ordered directly to third 20 reading. 21 We might go to motions and 22 resolutions standing order. We have one 23 motion. 24 Chair recognizes Senator Farley. 25 SENATOR FARLEY: Thank you, Mr. 2353 1 President. 2 On behalf of Senator Johnson, on 3 page 27, I offer the following amendments to 4 Calendar 307, Senate Print 2584, and I ask that 5 that bill retain its place on the Third Reading 6 Calendar. 7 ACTING PRESIDENT KUHL: 8 Amendments to Calendar 307 are received and 9 adopted. The bill will retain its place on the 10 Third Reading Calendar. 11 Senator Bruno, that takes care of 12 all the housekeeping at the desk. 13 SENATOR BRUNO: Thank you, Mr. 14 President. 15 Then there being no further 16 business to come before the Senate, I would move 17 that we stand adjourned until Monday, at 3:00 18 p.m., intervening days to be legislative days. 19 Thank you. 20 SENATOR PATERSON: I second 21 that. 22 ACTING PRESIDENT KUHL: Without 23 objection, the Senate stands adjourned until 24 Monday, April 7th at 3:00 p.m., intervening days 25 to be legislative days. 2354 1 (Whereupon at 12:35 p.m., the 2 Senate adjourned. ) 3 4 5 6 7 8 9 10