Regular Session - May 12, 1993
3580
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9 ALBANY, NEW YORK
10 May 12, 1993
11 12:01 p.m.
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13
14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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3581
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Senate
3 will come to order. Senators will find their
4 seats.
5 Please rise for the Pledge of
6 Allegiance.
7 (Whereupon the Senate joined in
8 the Pledge of Allegiance to the Flag. )
9 In the absence of visiting
10 clergy, we will bow our heads for a moment of
11 silent prayer.
12 (Whereupon there was a moment of
13 silence. )
14 The Secretary will begin by
15 reading the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday May 11th. The Senate met pursuant to
18 adjournment. The Journal of Monday, May 10, was
19 read and approved. On motion, Senate adjourned.
20 ACTING PRESIDENT FARLEY: Hearing
21 no objection, the Journal will stand approved as
22 read.
23 The order of business:
3582
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Libous.
10 SENATOR LIBOUS: Yes, Mr.
11 President.
12 ACTING PRESIDENT FARLEY:
13 Whoops! Senator Present.
14 SENATOR PRESENT: Whoop.
15 ACTING PRESIDENT FARLEY: Sorry.
16 SENATOR PRESENT: It's all
17 right. Go ahead.
18 SENATOR LIBOUS: Thank you, Mr.
19 President and Senator Present.
20 On behalf of Senator Johnson, I
21 want to star Calendar Number 438.
22 ACTING PRESIDENT FARLEY: The
23 bill is starred at the request of the sponsor.
3583
1 Senator Present.
2 SENATOR PRESENT: Mr. President,
3 will you recognize Senator Volker, please.
4 SENATOR VOLKER: Mr. President, I
5 believe there is a privileged resolution at the
6 desk, and I would appreciate it if you would
7 read the title of the resolution, please.
8 ACTING PRESIDENT FARLEY: The
9 Secretary will read the title of Senator
10 Volker's resolution.
11 THE SECRETARY: Legislative
12 Resolution, by Senator Volker and others.
13 Legislative Resolution commending Mr. Marv Levy
14 for his leadership and commitment as Head Coach
15 of the Buffalo Bills.
16 SENATOR VOLKER: Mr. President.
17 Let me just say, first of all, I believe that
18 all the Western New York people -- they should
19 be -- are on this resolution. And anyone else
20 that would like to go on, I can assure my Jet
21 fans and Giant fans, or whatever, that there is
22 nothing derogatory in this resolution about any
23 other football team or individual. This is
3584
1 strictly a resolution commending Marv Levy.
2 He is to be recognized at an
3 award presentation in Buffalo on the 18th of
4 May, and Assemblyman Eve and myself thought it
5 would be appropriate for us to do a legislative
6 resolution commending him. So if there is
7 anybody who would like to go on this resolution
8 also, we would be willing to do it.
9 ACTING PRESIDENT FARLEY:
10 Approach the desk.
11 SENATOR GOLD: Mr. President.
12 ACTING PRESIDENT FARLEY: Senator
13 Gold, why do you rise?
14 SENATOR GOLD: I would like to go
15 on the resolution because Senator Stachowski has
16 convinced me that the Bills are the only New
17 York State football team. So I certainly want
18 to be supportive.
19 ACTING PRESIDENT FARLEY: All in
20 favor of the resolution, say aye.
21 (Response of "Aye.")
22 Those opposed, nay.
23 (There was no response. )
3585
1 The resolution is adopted.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 will you recognize Senator Padavan, please.
5 ACTING PRESIDENT FARLEY: Senator
6 Padavan.
7 SENATOR PADAVAN: Yes, Mr.
8 President. I believe you have a privileged
9 resolution. I request that it be read and
10 adopted.
11 ACTING PRESIDENT FARLEY: We do.
12 THE SECRETARY: Legislative
13 Resolution, by Senator Padavan, congratulating
14 Brigadier General Francis T. Terrill upon
15 receiving command of the 77th United States Army
16 Reserve Command.
17 SENATOR PADAVAN: Move its
18 adoption.
19 ACTING PRESIDENT FARLEY: All in
20 favor of adopting the resolution, say aye.
21 (Response of "Aye.")
22 Those opposed, nay.
23 (There was no response. )
3586
1 The resolution is adopted.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 will you recognize Senator Maltese, please.
5 ACTING PRESIDENT FARLEY: Senator
6 Maltese.
7 SENATOR MALTESE: Mr. President,
8 I believe you have a privileged resolution at
9 the desk. I ask that its title be read and move
10 for its immediate adoption.
11 SENATOR PADAVAN: Mr. President,
12 I wish to step back just for a moment. If any
13 member of the body would like to be a sponsor of
14 that resolution.
15 ACTING PRESIDENT FARLEY: Senator
16 Padavan's resolution is open to anyone in the
17 house if you wish to go on it.
18 The Secretary will read Senator
19 Maltese's resolution title.
20 THE SECRETARY: Legislative
21 Resolution, by Senator Maltese and others,
22 mourning the death of F. Clifton White,
23 distinguished citizen.
3587
1 ACTING PRESIDENT FARLEY: All in
2 favor of the resolution, say aye.
3 (Response of "Aye.").
4 Those opposed, nay.
5 (There was no response. )
6 The resolution is adopted.
7 Senator Present.
8 SENATOR PRESENT: Mr. President,
9 will you recognize Senator Libous, please?
10 ACTING PRESIDENT FARLEY: Senator
11 Libous.
12 SENATOR LIBOUS: Thank you, Mr.
13 President. I believe there is a privileged
14 resolution at the desk. I ask that its title be
15 read and I move for its immediate adoption,
16 please.
17 ACTING PRESIDENT FARLEY:
18 Secretary will read Senator Libous' resolution.
19 THE SECRETARY: Legislative
20 Resolution, by Senator Libous, commemorating the
21 dedication of the Binghamton University Small
22 Business Development Center as the Jack McGuire
23 Small Business Development Center at a ceremony
3588
1 to take place on May 14, 1993.
2 ACTING PRESIDENT FARLEY: All
3 those in favor of adopting the resolution, say
4 aye.
5 (Response of "Aye.")
6 Those opposed, nay.
7 (There was no response. )
8 The resolution is adopted.
9 Senator Present.
10 SENATOR PRESENT: Mr. President,
11 would you call on Senator Saland, please.
12 ACTING PRESIDENT FARLEY: Senator
13 Saland.
14 SENATOR SALAND: Thank you, Mr.
15 President. I believe also there is a privileged
16 resolution at the desk. I would ask that its
17 title be read and move its adoption.
18 ACTING PRESIDENT FARLEY:
19 Secretary will read Senator Saland's resolution.
20 THE SECRETARY: Legislative
21 Resolution, by Senator Saland, honoring
22 Investigator Gregory J. Harland upon the
23 occasion of his designation as recipient of the
3589
1 Superintendent's Commendation Award on Thursday
2 May 13, 1993.
3 ACTING PRESIDENT FARLEY: All in
4 favor of adopting the resolution, say aye.
5 (Response of "Aye.")
6 Those opposed, nay.
7 (There was no response. )
8 The resolution is adopted.
9 We have some substitutions,
10 Senator Present.
11 SENATOR PRESENT: Mr. President,
12 let's do the housekeeping, then go to
13 non-controversial.
14 ACTING PRESIDENT FARLEY: All
15 right. The Secretary will read the
16 substitutions.
17 THE SECRETARY: On page 7 of
18 today's calendar, Senator Sears moves to
19 discharge the Committee on Transportation from
20 Assembly Bill Number 6169 and substitute it for
21 the identical Calendar Number 755.
22 ACTING PRESIDENT FARLEY:
23 Substitution ordered.
3590
1 THE SECRETARY: On page 8,
2 Senator Levy moves to discharge the Committee on
3 Transportation from Assembly Bill Number 793A,
4 and substitute it for the identical Calendar
5 Number 768.
6 ACTING PRESIDENT FARLEY:
7 Substitution is ordered.
8 THE SECRETARY: On page 15,
9 Senator Cook moves to discharge the Committee on
10 Health from Assembly Bill Number 4966 and
11 substitute it for the identical Calendar Number
12 826.
13 ACTING PRESIDENT FARLEY:
14 Substitution is ordered.
15 THE SECRETARY: On page 15,
16 Senator Tully moves to discharge the Committee
17 on Social Services from Assembly Bill Number
18 2200 and substitute it for the identical
19 Calendar Number 831.
20 ACTING PRESIDENT FARLEY:
21 Substitution is ordered.
22 THE SECRETARY: On page 19,
23 Senator Maltese moves to discharge the Committee
3591
1 on Codes from Assembly Bill Number 6449 and
2 substitute it for the identical Calendar Number
3 863.
4 ACTING PRESIDENT FARLEY:
5 Substitution is ordered.
6 Senator Libous, do you have a
7 motion?
8 SENATOR LIBOUS: Thank you, Mr.
9 President. If we can return back to motions, I
10 have some housekeeping.
11 ACTING PRESIDENT FARLEY: Sure.
12 SENATOR LIBOUS: I would like to
13 remove a sponsor star on my bill, Calendar
14 Number 581.
15 ACTING PRESIDENT FARLEY: Star is
16 removed at the request of the sponsor.
17 SENATOR LIBOUS: And on behalf of
18 my colleague and friend, Senator Norman Levy, I
19 would like to, on page 47, offer the following
20 amendments to Calendar Number 277, Assembly
21 Print Number 195B and ask that said bill retain
22 its place on the Third Reading Calendar.
23 ACTING PRESIDENT FARLEY: So
3592
1 ordered.
2 Senator Saland.
3 SENATOR SALAND: Thank you, Mr.
4 President. On page 38, I would like to place a
5 sponsor star on Calendar Number 644, Senate
6 4560.
7 ACTING PRESIDENT FARLEY: Bill is
8 starred at the request of the sponsor.
9 Are there any other motions on
10 the floor?
11 (There was no response. )
12 Hearing none, Senator Present, we
13 are ready for the non-controversial.
14 SENATOR PRESENT: Continue with
15 the non-controversial, please.
16 ACTING PRESIDENT FARLEY:
17 Secretary will read.
18 THE SECRETARY: On page 24,
19 Calendar Number 56, by Senator Marchi, Senate
20 Bill Number 1272A, an act to amend the
21 Not-for-Profit Corporation Law.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
3593
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 39.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 334, by Senator Saland.
11 SENATOR GOLD: Lay it aside.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 500, by Senator Cook, Senate Bill Number 3031A,
16 an act to amend the Real Property Law, in
17 relation to when a conveyance shall not be
18 accepted.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
3594
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: 42.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 601, by Senator Velella, Senate Bill Number
8 4049, an act to amend the Insurance Law, in
9 relation to risk-based capital requirements.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 42.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 608, by Senator Trunzo, Senate Bill Number 4592,
22 an act to amend the Civil Service Law.
23 SENATOR GOLD: Lay it aside.
3595
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 626, by Senator Sears, Senate Bill Number 4208,
5 an act to amend the Agriculture and Markets Law,
6 in relation to requirements for unit pricing of
7 consumer commodities.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 42.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 635, by Senator DeFrancisco, Senate Bill Number
20 4485, authorizing the city of Syracuse to
21 replace residential water service pipes.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
3596
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 42.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: May I
11 explain my vote.
12 ACTING PRESIDENT FARLEY: Without
13 objection.
14 SENATOR DeFRANCISCO: I just
15 wanted to explain that what this bill does
16 because it became very topical. In fact, today
17 in today's USA Today reports that 819 cities
18 have a lead pipe risk and also an article in the
19 New York Times which indicates that there are
20 substantial cities throughout the state of New
21 York including Utica, Yonkers, Mount Vernon,
22 Syracuse, New Rochelle, Jamaica, Buffalo, New
23 York and Elmira that exceed the standards of
3597
1 water purity, too much lead in the pipes.
2 Basically, all this bill would
3 do, and it became apparent to me when I was
4 president of the City Council, would give the
5 cities authority to do what they basically do in
6 sidewalks. If there is a sidewalk that's
7 defective adjacent to a property owner's home,
8 the city can replace the sidewalk and bill the
9 resident for this charge over a period of time
10 adding it to the tax rolls. This is basically
11 what this bill does for the city of Syracuse for
12 lead pipes; namely, as to that lateral pipe
13 going to the home, it authorizes the city to -
14 at the request of the home owner, to up-front
15 the money and spread the payments over time so
16 that those who cannot pay the up-front money can
17 have the capability of replacing these dangerous
18 pipes.
19 The reason I took the time to
20 mention this, it only applies in the city of
21 Syracuse, and I would think, in view of the
22 publicity and the concern throughout the
23 country, those of you have from other cities
3598
1 might want to consider an approach for your
2 locality.
3 ACTING PRESIDENT FARLEY:
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 660, by Senator Daly.
7 SENATOR PRESENT: Lay it aside.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside for the day.
10 THE SECRETARY: Calendar Number
11 661, by Senator Spano, Senate Bill Number 4337,
12 an act to amend the Social Services Law, in
13 relation to model waivers.
14 SENATOR GOLD: Lay it aside.
15 ACTING PRESIDENT FARLEY: Lay it
16 aside.
17 THE SECRETARY: Calendar Number
18 662, by Senator Holland, Senate Bill Number
19 4479.
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
3599
1 670, by Senator Libous, Senate Bill Number 4088,
2 an act to amend the Penal Law.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 42.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 673, by Senator Saland.
15 SENATOR GOLD: Lay it aside for
16 Senator Galiber.
17 ACTING PRESIDENT FARLEY: Lay it
18 aside.
19 THE SECRETARY: Calendar Number
20 679, by Senator Stafford, Senate Bill Number
21 433, an act to amend the Highway Law, in
22 relation to abandonment of certain town
23 highways.
3600
1 SENATOR GOLD: Lay it aside.
2 ACTING PRESIDENT FARLEY: Lay it
3 aside.
4 THE SECRETARY: Calendar Number
5 682, by Senator Stafford, Senate Bill -
6 SENATOR GOLD: Lay it aside.
7 ACTING PRESIDENT FARLEY: Lay it
8 aside.
9 THE SECRETARY: Calendar Number
10 691, by Senator Halperin, Senate Bill Number
11 4094, an act to amend the Public Housing Law.
12 ACTING PRESIDENT FARLEY: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 44.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 492, by Senator Hannon, Senate Bill Number 4408,
3601
1 an act to amend the Private Housing Finance Law.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 44.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 696, by Senator Spano, Senate Bill Number 1410,
14 an act in relation to prohibiting the transfer
15 of or abandonment of real property.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 44.
3602
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 697, by Senator Spano, Senate Bill Number 2826,
5 an act to amend the Mental Hygiene Law, the
6 Social Services Law, and the Estate, Powers and
7 Trusts Law.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 48.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 700, by Senator Spano, Senate Bill Number 4466,
20 an act to amend the Mental Hygiene Law.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
3603
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 48.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 815, by Senator DeFrancisco, Senate Bill Number
10 4904, an act to amend the Tax Law, in relation
11 to establishment of flood victims tax credit.
12 SENATOR JONES: Lay it aside.
13 SENATOR GOLD: Lay it aside for
14 Senator Halperin.
15 ACTING PRESIDENT FARLEY: That's
16 the first time through, Senator Present.
17 SENATOR PRESENT: Mr. President,
18 let's take up the controversial calendar,
19 please.
20 ACTING PRESIDENT FARLEY:
21 Controversial. Secretary will read.
22 THE SECRETARY: On page 29,
23 Calendar Number 334, by Senator Saland -
3604
1 SENATOR GOLD: Last section.
2 ACTING PRESIDENT FARLEY: Last
3 section.
4 THE SECRETARY: -- Senate Bill
5 Number 796, an act to amend the General Business
6 Law.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 48.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: On page 37,
16 Calendar Number 608, by Senator Trunzo, Senate
17 Bill Number 4592, Civil Service Law.
18 SENATOR GOLD: Can we have a day
19 on this?
20 SENATOR PRESENT: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
3605
1 661, by Senator Spano, Senate Bill Number 4337,
2 an act to amend the Social Services Law.
3 SENATOR GOLD: Last section.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 49.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 662, by Senator Holland, Senate Bill Number
16 4479 -
17 SENATOR GOLD: Explanation.
18 THE SECRETARY: -- an act to
19 amend the Social Services Law.
20 SENATOR PRESENT: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
3606
1 673, by Senator Saland, Senate Bill Number 4417,
2 Criminal Procedure Law and the Family Court Act,
3 in relation to access to records.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 SENATOR GOLD: Hold it up.
7 ACTING PRESIDENT FARLEY: Hold it
8 up.
9 SENATOR GALIBER: Can we have an
10 explanation on this?
11 SENATOR PRESENT: Lay it aside
12 temporarily.
13 ACTING PRESIDENT FARLEY: Lay it
14 aside temporarily.
15 THE SECRETARY: Calendar Number
16 679, by Senator Stafford, Senate Bill Number
17 433, an act to amend the Highway Law, in
18 relation to abandonment of certain town
19 highways.
20 SENATOR GOLD: Can we wait one
21 second? I'm trying to get somebody.
22 SENATOR PRESENT: Lay it aside
23 temporarily and come back to it.
3607
1 ACTING PRESIDENT FARLEY: Lay it
2 aside temporarily.
3 THE SECRETARY: Calendar Number
4 682, by Senator Stafford, Senate Bill 2399, an
5 act to amend the Highway Law, in relation to
6 control of vegetation within the right of way of
7 highways.
8 (Whereupon, Senator Kuhl was in
9 the chair.)
10 SENATOR PRESENT: Lay it aside
11 temporarily.
12 ACTING PRESIDENT KUHL: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 815, by Senator DeFrancisco, Senate Bill 4904,
16 an act to amend the Tax Law.
17 ACTING PRESIDENT KUHL: Last
18 section.
19 Senator Jones.
20 SENATOR JONES: Mr. President,
21 would the sponsor just yield to a question?
22 ACTING PRESIDENT KUHL: Senator
23 DeFrancisco? He yields.
3608
1 SENATOR JONES: I'm just
2 concerned. I continue to be concerned about
3 Monroe County and I was wondering if you have
4 any new information that indicates they will
5 eventually come under this bill and your other
6 bill that you -
7 SENATOR DeFRANCISCO: The way
8 that the bill reads presently is these tax
9 credits would go to individuals for
10 uncompensated expenses from the flood up to a
11 maximum of $5,000. The counties that are named
12 in the bill are obviously included, in addition
13 to any county after the bill was printed that
14 was designated by the SBA as a disaster area.
15 Those who have already been designated are
16 Herkimer, Lewis, Madison, Oneida, and Otsego.
17 Those are in. I just learned from Senator Kuhl
18 moments ago that Yates and Schuyler have been
19 approved. Pending are Monroe, Chemung, Genesee,
20 Livingston, Ontario, Orleans and Steuben. So as
21 soon as and if they are, in fact designated,
22 they will also be eligible.
23 ACTING PRESIDENT KUHL: Senator
3609
1 Solomon.
2 SENATOR SOLOMON: Mr. President,
3 will Senator DeFrancisco yield, please.
4 ACTING PRESIDENT KUHL: Does the
5 Senator yield?
6 SENATOR DeFRANCISCO: Yes.
7 ACTING PRESIDENT KUHL: Senator
8 does.
9 SENATOR SOLOMON: Senator,
10 regarding this legislation, is this specifically
11 related to one particular event?
12 SENATOR DeFRANCISCO: I barely
13 can hear you. I'm sorry. Can we have some
14 order?
15 ACTING PRESIDENT KUHL: Senator
16 raises a good point. May we have some order in
17 the house, please.
18 Senator Solomon.
19 SENATOR SOLOMON: Thank you.
20 Senator, is this specific legislation related to
21 one particular event?
22 SENATOR DeFRANCISCO: No. I
23 think what occurred, over the course of the
3610
1 winter, there was a record snowfall in Central
2 New York, and added to that record snowfall
3 which occurred over many, many months and record
4 rain in April of about eight inches of rain.
5 When those two things happened together, it
6 caused substantial flooding in each of the
7 counties. So I believe we are not talking about
8 an event that occurred on one day. It was over
9 a period of time.
10 And one other point I would like
11 to mention that this bill is identical to the
12 bill that we passed in this house earlier this
13 session providing tax credits to those victims
14 of the bombing at the World Trade Center, and
15 that was an event that occurred on one day, and
16 we felt that that was significant enough to
17 provide this relief.
18 SENATOR SOLOMON: Senator, if you
19 will continue to yield. I have not read the
20 entire bill so I'm just going off -- reading off
21 your memo. We in downstate in December had a
22 tremendous storm, northeaster, that affected
23 Kings County, Staten Island, Queens County,
3611
1 Nassau County and Suffolk County, where there
2 was substantial damage that impacted a number of
3 our businesses, a number of our home owners, et
4 cetera. Would any one of those people be
5 qualified or those businesses, rather, be
6 qualified for a tax credit under this bill?
7 SENATOR DeFRANCISCO: No. This
8 applies only to calendar year 1993. A similar
9 bill could have been or still can be, I would
10 imagine, introduced or requested. I was a
11 president of the City Council in December of
12 1992.
13 SENATOR SOLOMON: Thank you. On
14 the bill. I consider this a fairly decent piece
15 of legislation. However, downstate New York
16 suffered terribly. I think there were some
17 other counties, Westchester County probably,
18 suffered terribly during the December storm. In
19 parts of my district and the waterfront in Coney
20 Island, we had businesses who suffered
21 tremendous losses. Some of them were eligible
22 for SBA loans. We had some businesses that were
23 wiped out. We had a butcher who literally lost
3612
1 thousands upon thousands of dollars worth of
2 goods; and I suspect if you look at the entire
3 shoreline, a number of us had businesses that
4 lost substantial amounts of money that was not
5 compensated for or has not been compensated
6 for. And I believe that when you draw a piece
7 of legislation like this, it should be
8 sufficiently broad so it does not just cover the
9 particular area of the state.
10 And, unfortunately, the past
11 calendar year, the past 12 months, we have had
12 some tremendous problems created by weather,
13 including the flooding upstate obviously. Some
14 people may have suffered some damage from the
15 March snowstorm in other parts of the state.
16 And we downstate suffered tremendous damage from
17 that northeaster storm.
18 And I would think and hope that,
19 in the future, bills such as this encompass the
20 entire state of New York and not leave out
21 districts that stretch, in the instance of the
22 December storm, from the tip of Montauk Point
23 all the way through Kings County and Staten
3613
1 Island and lower Westchester County.
2 Thank you.
3 ACTING PRESIDENT KUHL: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 53.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator Present.
14 SENATOR PRESENT: Mr. President,
15 take up Calendar 662, please.
16 THE SECRETARY: Calendar Number
17 662, by Senator Holland, Senate Bill Number
18 4479, Social Services Law, in relation to abuse
19 of assistance and care.
20 SENATOR GALIBER: Explanation.
21 ACTING PRESIDENT KUHL: Explana
22 tion has been asked for, Senator Holland.
23 SENATOR HOLLAND: Mr. President.
3614
1 As you know, in the budget this year there was a
2 continuation of the fingerprinting program in
3 Onondaga and Rockland Counties. Just two weeks
4 ago, we passed a bill in this house that would
5 make fingerprinting mandatory throughout the
6 state of New York.
7 We have some questions as to
8 whether that bill is going to pass in the
9 Assembly, but we still believe that fraud and
10 abuse and testimony in the hearings we've had
11 still indicates that fraud and abuse could be up
12 to as much as ten percent of our Medicaid and
13 welfare budget in the state of New York. So we
14 believe we must still deliver the services to
15 the people that require the services, however,
16 do whatever we can to reduce the fraud and
17 abuse.
18 Therefore, we are introducing
19 another fingerprint bill that says individual
20 counties can opt into the fingerprint program on
21 their own. It would be a local option
22 fingerprint bill only for home relief and three
23 counties have already indicated their interest,
3615
1 that they would like to opt in. They are
2 Nassau, Suffolk and Erie. We would certainly,
3 if we can possibly do it, like to reimburse
4 these counties in the future if they opt in; but
5 in the meantime, they would be responsible for
6 paying for it also.
7 ACTING PRESIDENT KUHL: Senator
8 Leichter.
9 SENATOR LEICHTER: Will Senator
10 Holland yield?
11 ACTING PRESIDENT KUHL: Senator
12 yields.
13 SENATOR LEICHTER: We debated
14 this whole issue of fingerprinting earlier this
15 session. I remember Senator Galiber spoke very
16 eloquently and very perceptively on it, and I
17 don't want to revisit that whole lengthy debate,
18 but one of the points that I thought was telling
19 was that we now have a demonstration program
20 going on, which we established, and I think many
21 of us on this side of the aisle even went along
22 with the idea. Fine, let's have a demonstration
23 program and let's see what it shows. And as I
3616
1 recollect -- that's really my question to you -
2 those demonstration programs have not concluded,
3 very they?
4 SENATOR HOLLAND: Have not what,
5 sir?
6 SENATOR LEICHTER: Have not
7 concluded. We don't have the report from these
8 demonstration programs, right?
9 SENATOR HOLLAND: They have not
10 concluded because we just extended it in the
11 budget, Senator, but we do have a report that
12 was issued in March, I believe, as required by
13 the first bill that was passed.
14 SENATOR LEICHTER: Senator, will
15 you be so good as to yield some more.
16 SENATOR HOLLAND: Yes.
17 ACTING PRESIDENT KUHL: Senator
18 continues to yield.
19 SENATOR LEICHTER: The reports
20 that we have, whether they're interim reports or
21 preliminary reports, whatever, my understanding
22 was -- I haven't seen them, but that's what I
23 gathered from the debate and the discussions,
3617
1 that they really didn't show that there were any
2 great savings if any savings at all. Isn't that
3 correct?
4 SENATOR HOLLAND: Yes, that is
5 absolutely correct, Senator. By putting a
6 fingerprint demonstration program in county of
7 Rockland which only has one entry point, we are
8 not going to eliminate a lot of people although
9 we have eliminated a few. What we need to do in
10 this state, and I think most people agree with
11 us on this, Senator, is we have to have
12 fingerprinting at least in the major population
13 areas where the major number of welfare
14 recipients reside in order to eliminate people
15 who are double dipping into the system and
16 reduce the fraud and abuse. It's certainly good
17 to have it in Rockland and Onondaga County to
18 show that the system works as it has in Los
19 Angeles. We need to expand it.
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Leichter.
23 SENATOR LEICHTER: Just briefly
3618
1 on the bill.
2 ACTING PRESIDENT KUHL: On the
3 bill.
4 SENATOR LEICHTER: Colleagues on
5 the other side of the aisle strike me as being
6 so committed to a particular conclusion and they
7 were so sure of it they said, "Set up a
8 demonstration project." Now that demonstration
9 project doesn't establish what they thought it
10 would. So they say, "Well, it wasn't a good
11 demonstration project. Let's go ahead and have
12 some other demonstration projects."
13 Senator, I think we ought to
14 conclude the demonstration projects that we set
15 up which was in Onondaga County and Rockland
16 Counties. That was the recommendation of the
17 department. Let's see what it shows. Maybe
18 then we can make an assessment. Maybe we can
19 conclude as you seem to jump to the conclusion
20 that they were not good demonstration projects
21 and that we need to have other demonstration
22 projects, but we certainly ought to finish what
23 we started before jumping ahead into something
3619
1 else.
2 And for that reason, I'm going to
3 oppose that bill.
4 ACTING PRESIDENT KUHL: Last
5 section. Excuse me.
6 Senator Montgomery.
7 SENATOR MONTGOMERY: Yes.
8 Senator Holland, would you -
9 ACTING PRESIDENT KUHL: Are you
10 asking Senator Holland -
11 SENATOR MONTGOMERY: Would you
12 yield?
13 ACTING PRESIDENT KUHL: -- to
14 yield, Senator Montgomery?
15 SENATOR MONTGOMERY: Yes, thank
16 you.
17 SENATOR HOLLAND: Certainly.
18 ACTING PRESIDENT KUHL: The
19 Senator does.
20 SENATOR MONTGOMERY: I know,
21 Senator Holland, that part of your intent for
22 your legislation is to try to address the issue
23 of Medicaid fraud, and I certainly applaud your
3620
1 efforts in that way. But I would just like to
2 ask you in regards to this particular piece of
3 legislation is it not true that we have been
4 finding in recent years when there has been an
5 aggressive move to try to deal with Medicaid,
6 it's been the provider that has really yielded
7 Medicaid fraud on the part of the providers;
8 that has really yielded to a large extent a lot
9 of the fraud in terms of theft of funding and
10 services and that sort of thing?
11 SENATOR HOLLAND: Senator, there
12 is fraud and abuse in the provider area and in
13 the client area. There was more found in the
14 provider area because we had a system set up not
15 only in the Social Services Department through
16 computer systems, et cetera, to catch those, but
17 also we had Mr. Kuriansky's organization that
18 was looking into the provider area.
19 Now, last year with your help in
20 the budget and the Governor's suggestion, we set
21 up the office of Welfare Inspector General, who
22 is looking into the client area in opposition to
23 Kuriansky. And the real answer to your question
3621
1 is, Senator, and you probably agree, there's bad
2 guys and good guys wherever you go, and there's
3 fraud and abuse in the provider area and also in
4 the client area.
5 This particular thing is to look
6 for double dippers in the client area in the
7 home relief section of that.
8 SENATOR MONTGOMERY: Yes. If you
9 will continue to yield, Senator?
10 It's my understanding that a lot
11 of fraud and abuse on the part of clients is in
12 collusion, in fact, with the providers so that
13 they really could not do it unless there was a
14 partner in that abusive situation.
15 SENATOR HOLLAND: Senator, you're
16 absolutely right again. That happens in the
17 city of New York with Medicaid mills and
18 pharmacies, et cetera. This particular bill is
19 just to get home relief double dippers out of
20 the system, at least the initial part of it is.
21 SENATOR MONTGOMERY: Yes.
22 Senator, just one more question. As it stands
23 now -- the Department of Social Services, I
3622
1 believe it is -- are they not instituting, in
2 the process of instituting a very sophisticated
3 system, computer system so that anyone who comes
4 in with a card can be put through the system and
5 identified fairly quickly as a possible abuser
6 of the services by the provider as well as by
7 the Department who will be receiving that
8 information?
9 SENATOR HOLLAND: The question
10 is, is the Department of Social Services trying
11 to set up a computer -
12 SENATOR MONTGOMERY: -- a
13 computer system -
14 SENATOR HOLLAND: -- system
15 statewide.
16 SENATOR MONTGOMERY: -- yes.
17 SENATOR HOLLAND: Yes, they would
18 very much like to do that, Senator. We have
19 talked to Commissioner Bane and Mike Dowling and
20 everybody else over there. They don't have the
21 money. We don't have the money at this time to
22 make that a statewide operation. That would
23 certainly help. There are a lot of systems that
3623
1 would help, yes.
2 SENATOR MONTGOMERY: Okay. Thank
3 you. Thank you, Senator.
4 I -
5 ACTING PRESIDENT KUHL: Senator
6 Montgomery on the bill.
7 SENATOR MONTGOMERY: On the bill,
8 Mr. President.
9 I would just like to reiterate
10 again that I certainly applaud Senator Holland's
11 efforts to try and deal with the issue of fraud
12 and abuse in Medicaid. I, too, resent having
13 the state be somehow part of a system where this
14 kind of abuse takes place and we cannot deliver
15 quality services to people for whom the system
16 was established. So -- but on the other hand, I
17 feel that this particular measure is more
18 punitive and will possibly hurt the people that
19 we're trying to help more than it will help the
20 state in recovering and recouping funds. It has
21 been proven, based on the activities of the
22 investigative units within Social Services, that
23 a targeted effort to identify where the fraud is
3624
1 taking place, particularly on the part of
2 providers yields a very positive outcome, and I
3 am in support of that.
4 I am also in support of a system
5 being put in place which will allow us to
6 identify abusers of the system very quickly,
7 early on, before we lose millions and millions
8 of dollars based on fraudulent activities that
9 go on over a period of time.
10 So I'm not going to vote for this
11 legislation because I really think that this
12 goes in the opposite direction of what Senator
13 Holland actually intends to do; and that is,
14 deal with fraud and abuse of this system where
15 it really counts and in the most efficient and
16 productive way for the state. So I am not
17 opposed to Senator Holland's intent to deal with
18 fraud, but I am opposed to this measure which I
19 think will be more punitive and penalize people
20 and will not yield any benefit to the state.
21 Thank you, Mr. President.
22 ACTING PRESIDENT KUHL: Read the
23 last section.
3625
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 ACTING PRESIDENT KUHL: Announce
7 the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 662 are Senators
10 Connor, Dollinger, Espada, Galiber, Gold,
11 Gonzalez, Leichter, Markowitz, Montgomery,
12 Ohrenstein, Oppenheimer and Smith. Ayes 42,
13 nays 12.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 Senator Present.
17 SENATOR PRESENT: Mr. President,
18 will you take up Calendar 679, please.
19 ACTING PRESIDENT KUHL: Clerk
20 will read.
21 THE SECRETARY: Calendar 679, by
22 Senator Stafford, Senate Bill Number 433, an act
23 to amend the Highway Law.
3626
1 SENATOR OPPENHEIMER:
2 Explanation.
3 ACTING PRESIDENT KUHL:
4 Explanation has been asked for.
5 Senator Stafford.
6 SENATOR STAFFORD: Mr. President,
7 we have passed a bill like this a number of
8 times in the past sessions, and in effect, if
9 there is a road that's been maintained on state
10 property and the town wants to continue to
11 maintain it, then it cannot be closed
12 unilaterally.
13 Someone said to me last year,
14 well, why don't we do this for all parts of the
15 state? So that's what we've done with this
16 bill.
17 SENATOR OPPENHEIMER: Mr.
18 President.
19 ACTING PRESIDENT KUHL: Senator
20 Oppenheimer.
21 SENATOR OPPENHEIMER: This is our
22 annual go around. It's too bad that Senator
23 Stafford and I are just never going to come to
3627
1 an agreement on this particular bill.
2 This specifically overrides the
3 state's land master plan for the Adirondack
4 Park, and that's why we simply won't see, I
5 think, ever eye to eye on this. It invites
6 motor vehicles into areas that have been
7 determined to be wilderness areas, and
8 wilderness area does not well co-exist with
9 motor -
10 SENATOR STAFFORD: Will Senator
11 yield?
12 SENATOR OPPENHEIMER: Yes.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR STAFFORD: This is the
16 first time in 28 years I have ever asked anybody
17 to yield. I figure there's always got to be a
18 first. Are you aware -- this is not personal
19 obviously. Others have made this -
20 Are you aware that the wilderness
21 area you're talking about you stand and hear
22 cars on the Northway?
23 SENATOR OPPENHEIMER: Yes,
3628
1 Senator Stafford.
2 I recognize one of the problems
3 of this particular area is precisely that, that
4 it is in very close to a population area of the
5 Adirondack Park. That is one of the problems.
6 It is also one of the benefits that this kind of
7 wilderness environment can be there for people
8 who are living in more densely populated areas
9 than other areas of the Adirondack Park.
10 This is the Pharaoh Mountain
11 area, and it has been classified as wilderness
12 in our state land master plan, and the
13 classification clearly says that there cannot be
14 motorized traffic in these areas.
15 Now, approximately half of the
16 state forest lands in the Adirondacks are
17 classified as "wild forests," and those areas,
18 "wild forests," do permit motorized traffic.
19 So I think we're simply going against the
20 state's plan. This is a one-house bill, and it
21 has been coming back year after year, and I feel
22 to destroy the wilderness character in those
23 areas that the state has determined to prohibit
3629
1 vehicle traffic, we ought to abide by what the
2 state planners have and the environmentalists
3 have proposed.
4 That you, Mr. President.
5 ACTING PRESIDENT KUHL: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 ACTING PRESIDENT KUHL: Announce
13 the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 679 are Senators
16 Dollinger, Espada, Gold, Halperin, Jones,
17 Leichter, Montgomery and Oppenheimer. Ayes 47,
18 nays 8.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Present.
22 SENATOR PRESENT: Mr. President.
23 Unless there is further housekeeping action
3630
1 needed here, let's do it.
2 ACTING PRESIDENT KUHL: There is,
3 Senator Present.
4 May we return to motions and
5 resolutions.
6 Senator Mega.
7 SENATOR MEGA: Mr. President, on
8 behalf of Senator Levy, I wish to call up his
9 bill, Calendar Number 768, Assembly Print 793A.
10 THE SECRETARY: By member of the
11 Assembly Bragman, Assembly Bill Number 793A, an
12 act to amend the Vehicle and Traffic Law,
13 substituted earlier today.
14 SENATOR MEGA: I now move to
15 reconsider the vote by which this Assembly bill
16 was substituted for Senator Levy's bill, Print
17 Number 5537, on 5-12.
18 ACTING PRESIDENT KUHL: The
19 Secretary will call the roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration. )
22 THE SECRETARY: Ayes 56.
23 ACTING PRESIDENT KUHL: The bill
3631
1 is before the house.
2 SENATOR MEGA: I now move that
3 Assembly Bill Number 7938 be recommitted to the
4 Committee on Transportation and Senator Levy's
5 bill be restored to the order of First Report
6 Calendar.
7 ACTING PRESIDENT KUHL: Without
8 objection.
9 SENATOR MEGA: Thank you.
10 SENATOR LACK: Mr. President.
11 ACTING PRESIDENT KUHL: Senator
12 Lack.
13 SENATOR LACK: Mr. President,
14 will you please star Calendar 685.
15 ACTING PRESIDENT KUHL: Calendar
16 685 is starred at the request of the sponsor.
17 SENATOR LACK: Thank you.
18 ACTING PRESIDENT KUHL: Senator
19 Sheffer.
20 SENATOR SHEFFER: Mr. President,
21 I ask for unanimous consent to be recorded in
22 the negative on Calendar 679, please.
23 ACTING PRESIDENT KUHL: Without
3632
1 objection so ordered.
2 Any other business?
3 (There was no response. )
4 Senator Present.
5 SENATOR PRESENT: Mr. President,
6 there being no further business, I move that we
7 adjourn until Monday, May 17th, 2:30 p.m.,
8 intervening days being legislative days.
9 (Whereupon at 12:45 p.m., the
10 Senate adjourned. )
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