Regular Session - June 14, 1993
4762
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9 ALBANY, NEW YORK
10 June 14, 1993
11 3:15 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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4763
1 P R O C E E D I N G S
2 ...At 2:38 p.m...
3 SENATOR PRESENT: I'd like to
4 announce there'll be an immediate meeting of the
5 Rules Committee in Room 332.
6 ...At 3:15 p.m...
7 ACTING PRESIDENT FARLEY: The
8 Senate will come to order. Senators will please
9 find their seats. Please rise for the Pledge of
10 Allegiance to the Flag.
11 (The assemblage repeated the
12 Pledge of Allegiance to the Flag. )
13 Today in the absence of clergy,
14 we'll bow our heads in a moment of silent
15 prayer.
16 (A moment of silence was
17 observed. )
18 The Secretary will begin by
19 reading the Journal.
20 THE SECRETARY: In Senate,
21 Sunday, June 13th. The Senate met pursuant to
22 adjournment, Senator Bruno in the Chair upon
23 designation of the Temporary President. The
4764
1 Journal of Saturday, June 12th, was read and
2 approved. On motion, Senate adjourned.
3 ACTING PRESIDENT FARLEY: Hearing
4 no objection, the Journal will stand as read.
5 Order of business: Presentation
6 of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 We have a report, Senator Present. May we read
11 it. Secretary will read a report of a standing
12 committee.
13 THE SECRETARY: Senator Marino,
14 from the Committee on Rules, reports the
15 following bills directly for third reading:
16 Senate Bill Number 5890, by
17 Senator Cook, authorizing the village of
18 Monticello to issue serial bonds;
19 281, by Senator Hannon,
20 authorizing the county of Nassau to accept an
21 application for real property tax exemption;
22 1264, by Senator Jones, directing
23 the Comptroller of the state to grant a hearing
4765
1 to Edward Palmer;
2 1392, by Senator -- Senators Daly
3 and others, an act to amend the Insurance Law,
4 in relation to multiple employer welfare
5 arrangements;
6 1598, by Senator Seward and
7 others, Real Property Tax Law;
8 1725-A, by Senator Sheffer and
9 others, Environmental Conservation Law;
10 1744, by Senator Bruno, Executive
11 Law;
12 1846, by Senator Kuhl, New York
13 State Urban Development Corporation Act;
14 1933, by Senator Skelos and
15 others, an act to amend the Public Health Law;
16 2048, by Senator Skelos, an act
17 to amend the Education Law, in relation to
18 shared personnel;
19 2275, by Senator Cook, Real
20 Property Tax Law;
21 2495-A, by Senator Seward,
22 authorize the town of Lansing, Tompkins County,
23 to use certain lands;
4766
1 3066, by Senator Levy, authorize
2 the city of New York to reconvey its interest in
3 certain real property;
4 3103-A, by Senator Padavan,
5 Alcoholic Beverage Control Law;
6 3172, by Senators Hannon and
7 others, an act to amend the Tax Law;
8 3185, by Senator Spano,
9 Retirement and Social Security Law;
10 32 -- 3276, by Senator Spano,
11 Retirement and Social Security Law;
12 3528-B, by Senator Farley, New
13 York State Printing and Public Documents Law;
14 3755, by Senator LaValle,
15 Education Law;
16 3827, by Senator Marino, General
17 Municipal Law;
18 3931, by Senator Holland, Public
19 Authorities Law;
20 4016, by Senator DeFrancisco,
21 Town Law and the Public Officers Law;
22 4040-A, by Senator Skelos, town
23 of Hempstead to lease certain park lands;
4767
1 4182, by Senator Skelos,
2 Retirement and Social Security Law;
3 4455-A, by Senator Cook, General
4 City Law;
5 4471, by Senator Lack,
6 Agriculture and Markets Law;
7 4604, by Senator Hannon, New York
8 City Civil Court Act;
9 4629-A, by Senator Volker,
10 provide service credit New York State local
11 employees retirement system;
12 4727, by Senator Larkin, transfer
13 of certain service credits;
14 4853, by Senator Stafford,
15 Environmental Conservation Law;
16 4901, by Senator Levy, Criminal
17 Procedure Law;
18 4907-A, by Senator Hannon, Public
19 Officers Law;
20 4988, by Senator Velella, an act
21 to amend the Insurance Law;
22 5093, by Senator Saland,
23 Environmental Conservation Law;
4768
1 5134, by Senator Libous,
2 authorize the county legislature of the county
3 of Tioga to dissolve solid waste district;
4 5200, by Senator Daly,
5 Environmental Conservation Law;
6 5310, by Senators Cook and
7 others, Education Law;
8 5446, by Senator Padavan, Penal
9 Law, and the Administrative Code of the city of
10 New York;
11 5735, by Senator Volker, General
12 Municipal Law;
13 5767, by Senator Seward,
14 existence of the village of Groton Industrial
15 Development Agency;
16 5771, by Senator Sheffer, Vehicle
17 and Traffic Law;
18 5786, by Senator Levy, amends
19 Chapter 380 of the Laws of 1992, amending the
20 General Municipal Law;
21 5801, by Senator Babbush,
22 authorize the city of New York to dispose of
23 certain public lands;
4769
1 5802, by Senator Gonzalez,
2 authorize the city of New York to reconvey its
3 interest in certain real property;
4 5804, by Senator Skelos,
5 Executive Law;
6 5792, by Senator Marino, an act
7 to amend the Village Law;
8 5868, by Senator Marino and
9 others, an act to amend the Executive Law; and
10 5869, by Senator Marino and
11 others, an act to amend the Tax Law.
12 All bills reported directly for
13 third reading.
14 ACTING PRESIDENT FARLEY: All
15 bills reported directly to third reading.
16 Continuing on with the order of
17 business: Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 SENATOR SEWARD: Mr. President.
22 ACTING PRESIDENT FARLEY: Senator
23 Seward, I guess. I think I saw him first.
4770
1 SENATOR SEWARD: Thank you, Mr.
2 President.
3 I'd like to place a sponsor's
4 star on Calendar Number 446.
5 ACTING PRESIDENT FARLEY: Bill is
6 starred at the request of the sponsor.
7 SENATOR SEWARD: Thank you.
8 ACTING PRESIDENT FARLEY: Senator
9 Mega.
10 SENATOR MEGA: Mr. President.
11 I'd like to offer a series of amendments on the
12 following bills:
13 On page 8, Calendar 338, Assembly
14 Print 3316-B, behalf of Senator Sears; on behalf
15 of Senator Sears, on page 29, Calendar Print
16 Number 1051, Senate Print 5754; on behalf of
17 Senator Velella, page 34, Calendar 620, Assembly
18 -- Senate Print Number 2562; I withdraw that
19 last one temporarily, Mr. President. On page
20 18, Calendar Number 760, Print Number 4712,
21 Senator Levy; Senator Kuhl, page 27, Calendar
22 Number 1016, Senate Print 2454; on behalf of
23 Senator Libous, on page 38, Calendar Number
4771
1 8994, Senate Print Number 3927-A, and ask that
2 said bills retain their place on Third Reading
3 Calendar.
4 ACTING PRESIDENT FARLEY: All of
5 those bills are amended. The bills will retain
6 their places on the Third Reading Calendar.
7 Senator Mega.
8 SENATOR MEGA: On behalf of
9 Senator Velella, on page 34, I offer the
10 following amendments -- withdraw that. I ask
11 that the star be removed on the following bill:
12 On page 34, Calendar Number 620, on behalf of
13 Senator Velella.
14 ACTING PRESIDENT FARLEY: Star is
15 removed at the request of the sponsor.
16 SENATOR MEGA: On that bill on
17 behalf of Senator Velella, Calendar 620, Print
18 Number 2562, I ask that said bill retain its
19 place on Third Reading Calendar and the bill be
20 amended.
21 ACTING PRESIDENT FARLEY:
22 Amendments will be received.
23 Senator Saland.
4772
1 SENATOR MEGA: I'm not finished,
2 Mr. President.
3 ACTING PRESIDENT FARLEY: He's
4 not finished. Senator Mega.
5 SENATOR MEGA: Behalf of Senator
6 Wright, I wish to call up his bill Senate
7 3806-A, recalled from the Assembly, which is now
8 at the desk.
9 ACTING PRESIDENT FARLEY:
10 Secretary will read Senator Wright's bill.
11 THE SECRETARY: By Senator
12 Wright, Senate Bill Number 3806-A, an act to
13 amend the State Administrative Procedure Act.
14 SENATOR MEGA: I now move to
15 reconsider the vote by which this bill was
16 passed.
17 ACTING PRESIDENT FARLEY: Call
18 the roll on reconsideration.
19 (The Secretary called the roll on
20 reconsideration.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT FARLEY: The
23 bill is before the house, Senator Mega.
4773
1 SENATOR MEGA: On behalf of
2 Senator Spano, Mr. President, I move the
3 following bill be discharged from its respective
4 committee: 3512.
5 Thank you, Mr. President.
6 ACTING PRESIDENT FARLEY: Without
7 objection -- without objection, on the prior
8 bill, the bill is amended and will retain its
9 place.
10 SENATOR MEGA: Thank you, Mr.
11 President.
12 ACTING PRESIDENT FARLEY: Senator
13 Saland.
14 SENATOR SALAND: Mr. President,
15 on page 27, I offer the following amendments to
16 Calendar Number 1012, Senate Print 686, and ask
17 that that bill retain its place on the Third
18 Reading Calendar.
19 ACTING PRESIDENT FARLEY: Without
20 objection.
21 Senator Holland.
22 SENATOR HOLLAND: Right. Mr.
23 President, on behalf of Senator Levy, would you
4774
1 please remove the star on Calendars S. 186 and
2 S. 763.
3 ACTING PRESIDENT FARLEY: Star is
4 removed.
5 SENATOR HOLLAND: On behalf of
6 Senator Velella, would you please star Senate
7 2842, Calendar 259.
8 ACTING PRESIDENT FARLEY: The
9 bill is starred.
10 SENATOR HOLLAND: And on behalf
11 of Senator Holland, would you star Calendar 377,
12 Senate 2817.
13 ACTING PRESIDENT FARLEY: Bill is
14 starred at the request of the sponsor.
15 Senator Holland. Senator
16 Maltese.
17 SENATOR MALTESE: Mr. President,
18 on page number 7, I offer the following
19 amendments to Calendar Number 311, Senate Print
20 Number 1053, and ask that said bill retain its
21 place on the Third Reading Calendar.
22 ACTING PRESIDENT FARLEY: Without
23 objection.
4775
1 Senator Present.
2 SENATOR PRESENT: Mr. President,
3 on behalf of Senator Marino, I move to recommit
4 Senate Print 513, Calendar 533 on the order of
5 third reading to the Committee on Local
6 Government with instructions to said committee
7 to strike the enacting clause.
8 ACTING PRESIDENT FARLEY: Without
9 objection, it is done.
10 Are there any other motions on
11 the floor?
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 will you recognize Senator DeFrancisco, please.
15 ACTING PRESIDENT FARLEY: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: I have a
18 privileged resolution at the desk and request it
19 be read.
20 ACTING PRESIDENT FARLEY: Title
21 or the whole thing? The Secretary will read the
22 entire resolution, Senator DeFrancisco.
23 THE SECRETARY: Legislative
4776
1 Resolution, by Senator DeFrancisco and others,
2 celebrating June 14, 1993 upon the occasion of
3 the observance of Flag Day in the state of New
4 York.
5 WHEREAS, it is the sense of this
6 legislative body that the flag of the United
7 States is more than an arbitrary designation,
8 more than a parenthetic symbol; it is the living
9 embodiment of those sacred ideals and principles
10 upon which this beloved nation was first
11 founded, for which countless thousands have
12 given their lives in the cause of America's
13 freedom;
14 More than an appendage of
15 circumstance, the flag of the United States
16 serves and has served since its very
17 introduction as the exhilarative expression of a
18 united people, as a consciously designed pattern
19 of hope and declaration, whose rationale is
20 anchored in the sacred and ineffable desire for
21 peace and freedom;
22 This legislative body is proud to
23 celebrate Flag Day, June 14, 1993 in the state
4777
1 of New York;
2 Flag Day is a unique event in the
3 national calendar in that it does not honor an
4 individual or a battle or any one event; it
5 honors an idea, an idea symbolized by stars and
6 stripes and the principles upon which and for
7 which the American nation was founded;
8 On June 14, 1777, in order to
9 establish an official flag for the new nation,
10 the Continental Congress passed the first Flag
11 Act. The stripes remind Americans of the 13
12 original colonies that gained them liberty; the
13 stars represent the states that are bound
14 together;
15 New York State, as an original
16 state, is represented twice in the flag in the
17 field of stars and the ranks of stripes. It was
18 in New York that the flag first flew in battle
19 during the American Revolution;
20 On June 14, 1892, Francis
21 Bellamy, a native New Yorker who was born in
22 Mount Morris and raised in Rome, New York, wrote
23 the Pledge of Allegiance; in 1942, it was
4778
1 officially adopted by Congress and included in
2 the Flag Code;
3 So long as the love of liberty
4 continues to burn in the hearts of mankind, the
5 American flag will stand as a symbol of man's
6 best hope.
7 NOW, THEREFORE, BE IT RESOLVED
8 that this legislative body pause in its
9 deliberations to celebrate June 14, 1993 upon
10 the occasion of the observance of Flag Day in
11 the state of New York; and
12 BE IT FURTHER RESOLVED that a
13 copy of this resolution, suitably engrossed, be
14 transmitted to Thomas Burton, President, New
15 York State Veterans Council of Legislative
16 Representatives.
17 ACTING PRESIDENT FARLEY: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Yes. As
20 chairman of the Veterans Committee of this body,
21 I'm proud that there are so many co-sponsors of
22 this bill, and I just think that it's important
23 to recognize that, despite the fact that we're
4779
1 all here representing our own constituents and
2 constituencies and that we maybe have different
3 ethnic and religious backgrounds, that we should
4 be remembering what the flag stands for and that
5 is that all of us are united for one common
6 burden of proof. Sometimes we get too carried
7 away in our parochial viewpoints, and I think
8 it's important to recognize this day in this
9 body at this time.
10 Thank you.
11 ACTING PRESIDENT FARLEY: On the
12 resolution, all in favor say aye.
13 (Response of "Aye.")
14 Those opposed nay.
15 (There was no response. )
16 ACTING PRESIDENT FARLEY: If you
17 wish -- is the resolution open, I presume,
18 Senator DeFrancisco?
19 SENATOR DeFRANCISCO: Yes, it was
20 circulated. Whoever has not gone on is certainly
21 welcome to do so.
22 ACTING PRESIDENT FARLEY: Almost
23 everybody is on it, I'm told.
4780
1 The resolution is adopted.
2 Are there any other motions on
3 the floor?
4 Senator Present.
5 SENATOR PRESENT: Mr. President,
6 may we take up the non-controversial calendar,
7 please.
8 ACTING PRESIDENT FARLEY:
9 Non-controversial, the Secretary will read.
10 THE SECRETARY: On page 4,
11 Calendar Number 82, by Senator Halperin, Senate
12 Bill Number 32-B, an act to amend the Executive
13 Law.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 51.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
4781
1 THE SECRETARY: Calendar Number
2 180, by Senator Spano, Senate Bill Number
3 1987-A, an act to amend the Civil Service Law.
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 51.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 229, by member of the Assembly D'Andrea,
16 Assembly Bill Number 4063-A, authorize the Fort
17 Ann Central School District to finance the
18 accumulated deficit.
19 SENATOR GOLD: Last section.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
4782
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 244, by Senator Trunzo, Senate Bill Number
9 2964-A, Retirement and Social Security Law and
10 the Tax Law.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 51, nays 1,
19 Senator Kuhl recorded in the negative.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 300, by Senator Pataki, Senate Bill Number 1982,
4783
1 Real Property Tax 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 52.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 420, by Senator Trunzo, Senate Bill Number 3526,
14 Retirement and Social Security Law.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 52.
23 ACTING PRESIDENT FARLEY: The
4784
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 494, by Senator Libous, Senate Bill Number
4 3517-C, an act to amend the Insurance Law, in
5 relation to prohibiting discrimination.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 52.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 504, Assembly Print Number 1696, an act to amend
18 the Judiciary Law.
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
4785
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 52.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 562, by Senator Present, Senate Bill Number
8 2956-A, an act to amend the Tax Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 52.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 567, by Senator Seward, Senate Bill Number
21 4021-A, an act to amend the Tax Law.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
4786
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 52.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 663, by Senator Stavisky, Senate Bill Number
11 426, an act to amend the Penal 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 52.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 685, by Senator Lack, Senate Bill Number 4044,
4787
1 an act to amend the Public Authorities Law.
2 SENATOR GOLD: Lay aside, please.
3 ACTING PRESIDENT FARLEY: Lay
4 that bill aside.
5 THE SECRETARY: Calendar Number
6 712, by Senator Velella, Senate Bill Number
7 2589-A, Insurance Law, in relation to annuity
8 contracts.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 52.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 735, by Senator Sears, Senate Bill Number 4546,
21 an act to amend the Agriculture and Markets
22 Law.
23 ACTING PRESIDENT FARLEY: You can
4788
1 read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 52.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 770, by Senator Lack, Senate -
12 SENATOR GOLD: Lay it aside.
13 ACTING PRESIDENT FARLEY: Laid
14 aside.
15 THE SECRETARY: Calendar Number
16 840, by Senator Sears.
17 VOICE: Lay aside, please.
18 ACTING PRESIDENT FARLEY: Lay
19 that bill aside.
20 THE SECRETARY: Calendar Number
21 877, by the Assembly Committee on Rules,
22 Assembly Bill Number 7602-B, an act to amend the
23 Agriculture and Markets Law.
4789
1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 51, nays 1,
9 Senator Libous recorded in the negative.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 941, by Senator Volker, Senate Bill Number
14 3950-C, an act to amend the Tax Law.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 52.
23 ACTING PRESIDENT FARLEY: The
4790
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 983, by Senator Volker, Senate Bill Number
4 1072-A, an act to amend the Tax Law.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
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 52.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 993, by Senator Seward, Senate Bill Number
17 3921-B, an act to amend the Tax Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
4791
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 52.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1005, by Senator Lack, Senate Bill Number 5545
7 A, an act to amend the Public Health 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 52.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1007, by Senator DeFrancisco, Senate Bill Number
20 5758, amends Chapter 741 of the Laws of 1981.
21 ACTING PRESIDENT FARLEY: You can
22 read the last section.
23 THE SECRETARY: Section 2. This
4792
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 52.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1013, by Senator Holland, Senate Bill Number
10 736.
11 SENATOR HOLLAND: Lay aside for
12 today.
13 ACTING PRESIDENT FARLEY: Lay
14 that bill aside for today.
15 THE SECRETARY: Calendar Number
16 1014, by Senator Pataki, Senate Bill Number
17 2080, Real Property Tax Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
4793
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 51.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1015, by Senator Tully, Senate Bill Number 2428,
7 an act to amend the General Municipal Law.
8 ACTING PRESIDENT FARLEY: Senator
9 Tully has a home rule message here at the desk.
10 You can read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 52.
17 ACTING PRESIDENT FARLEY: That
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1034, by Senator LaValle, Senate Bill Number
21 4902-A.
22 SENATOR PRESENT: Lay aside,
23 please.
4794
1 ACTING PRESIDENT FARLEY: Lay
2 that bill aside.
3 THE SECRETARY: Calendar Number
4 1040, by Senator Saland, Senate Bill Number
5 5374, General City Law, excluding the city of
6 Beacon from provisions concerning plumbing.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 52.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1041, by Senator Volker, Senate Bill Number
19 5394, authorizing the village of Hamburg to
20 discontinue the use and sell certain park
21 lands.
22 ACTING PRESIDENT FARLEY: Senator
23 Volker has a home rule message here at the
4795
1 desk. You can read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 52.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1044, by Senator Wright, Senate Bill Number
12 5472, State Administrative Procedure Act.
13 SENATOR STACHOWSKI: Lay it
14 aside.
15 ACTING PRESIDENT FARLEY: Lay
16 that bill aside.
17 THE SECRETARY: Calendar Number
18 1047, by Senator Larkin, Senate Bill Number
19 5546-A, authorizing the village of Walden to
20 lease certain park lands.
21 ACTING PRESIDENT FARLEY: Senator
22 Larkin has a home rule message here at the
23 desk. You can read the last section.
4796
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 51.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: 1049, by Senator
10 Larkin, Senate Bill Number 5745, authorize the
11 payment of transportation aid to the village of
12 Joel Union Free School District.
13 ACTING PRESIDENT FARLEY: Senator
14 Larkin has a local fiscal impact note here at
15 the desk. You can read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 52.
22 ACTING PRESIDENT FARLEY: That
23 bill is passed.
4797
1 THE SECRETARY: Calendar Number
2 1050, by Senator Spano, Senate Bill Number -
3 SENATOR STACHOWSKI: Lay it
4 aside.
5 ACTING PRESIDENT FARLEY: Laid
6 aside.
7 THE SECRETARY: Calendar Number
8 1052, by Senator Cook, Senate Bill Number
9 5757-B, an act to amend the Tax Law.
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 52.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1053, by Senator Nozzolio, Senate Bill Number
22 5759, amends Chapter 530 of the Laws of 1988.
23 ACTING PRESIDENT FARLEY: Read
4798
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 52.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1056, by Senator Present, Senate Bill Number
12 5785, an act to amend the General Municipal
13 Law.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 52.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
4799
1 THE SECRETARY: Calendar Number
2 1057, by Senator Libous, Senate Bill Number
3 5791, Uniform Justice Court Act.
4 SENATOR LEICHTER: Lay aside.
5 ACTING PRESIDENT FARLEY: Lay
6 that bill aside.
7 Senator Present, that's the first
8 go through. We have one that went direct to
9 third.
10 THE SECRETARY: Calendar Number
11 1059, reported directly for third reading
12 earlier today, by Senator Cook, Senate Bill
13 Number 5890, relation to authorizing the village
14 of Monticello to issue serial bonds.
15 SENATOR COOK: Lay it aside for
16 the day, please.
17 ACTING PRESIDENT FARLEY: Lay it
18 aside for today.
19 Senator Present, that's the first
20 time through.
21 SENATOR PRESENT: Mr. President,
22 take up the controversial calendar, please.
23 ACTING PRESIDENT FARLEY:
4800
1 Controversial. Secretary will read it.
2 THE SECRETARY: On page 14,
3 Calendar Number 685, by Senator Lack, Senate
4 Bill Number 4044, an act to amend the Public
5 Authorities Law.
6 SENATOR LACK: Mr. President, has
7 my time arrived?
8 SENATOR STACHOWSKI: Explanation.
9 ACTING PRESIDENT FARLEY:
10 Explanation. Senator Lack.
11 SENATOR LACK: Mr. President,
12 last year, we passed Senate 7506-A, which was
13 also passed by the Assembly and was sent to the
14 Governor but, of course, now under a recent
15 Court of Appeals decision, the Governor who then
16 asked for us to take it back, we can't do that
17 any more, but we took it back last year.
18 The bill is very simple. It
19 basically said, as an amendment to the Railroad
20 Law, that when railroad police were discharged
21 and there was an arbitration hearing and they
22 were restored to duty. Under the vagrant -
23 vagaries of current New York law, of all things
4801
1 the Superintendent of Police of the New York
2 State Police can overrule unilaterally and
3 arbitrarily the decision of the arbitration
4 panel and refuse to reinstate the railroad
5 police officer who has one an arbitration
6 proceeding and has been ordered to be
7 reinstated.
8 The bill is not signed and, in
9 effect, the Superintendent of State Police still
10 controls the police forces, as it were, of the
11 Long Island Rail Road and Metro-North.
12 Taking a little different
13 approach this year, member of the Assembly
14 Seminerio and myself, and we have S. 4044, which
15 would authorize the Metropolitan Transportation
16 Authority to maintain totally separate commuter
17 railroad police departments for each commuter
18 railroad under its jurisdiction. We're trying
19 to reach the same end point of the means in the
20 bill we passed last year and which the Governor
21 asked that we withdraw, and we did. That is to
22 remove the control of the Superintendent of the
23 New York State Police from that of the commuter
4802
1 railroads and, when the bill says establish a
2 separate police force for each railroad, as
3 those of us from Long Island and Westchester
4 will tell you, of course, there are separate
5 police forces already for each railroad. This
6 would just give those two railroads and its
7 police independent control over what happens and
8 arbitration decisions for those railroads
9 without the interference of the Superintendent
10 of the New York State Police.
11 SENATOR GOLD: Mr. President.
12 ACTING PRESIDENT FARLEY: Senator
13 Gold.
14 SENATOR GOLD: First of all, I
15 should thank Senator Lack for laying the bill
16 aside as many times as he has. I do appreciate
17 it. Senator, I have a question for you.
18 SENATOR LACK: Sure.
19 SENATOR GOLD: The nuts and bolts
20 of this bill, as I get it, is that the role of
21 the State Police with regard to this operation
22 would be out the window and this will now all be
23 strictly within the MTA; is that correct?
4803
1 SENATOR LACK: Yes, sir.
2 SENATOR GOLD: All right. If you
3 will yield to another question, Senator.
4 Senator, if the MTA itself does
5 not want this, if the MTA feels that it can best
6 serve the public by having some involvement by
7 the Superintendent of State Police in this
8 situation, where the expertise that is developed
9 by the Superintendent in all of the work that
10 his office does with police can help the MTA in
11 developing and dealing with their police
12 department, why do we want to override the MTA
13 in that design?
14 SENATOR LACK: Well, Mr.
15 President, the reason for that, Senator Gold, is
16 simple. The only real way in which the
17 Superintendent of the New York State Police
18 still impacts upon, for the most part -- I'll be
19 charitable -- these autonomous police
20 departments that exist within the MTA is to, in
21 effect, be able to overrule a hearing of an
22 arbitration panel and, of course, these
23 arbitration panels have been set up through
4804
1 collective bargaining and they exist and now,
2 nominally in New York State law, the
3 Superintendent of the New York State Police can,
4 regardless of the fact that these arbitration
5 panels have been honestly established through
6 the collective bargaining process, overrule that
7 process and unilaterally the Superintendent, by
8 himself or herself, can set aside a decision
9 reached by arbitration.
10 That's why I think it's wrong,
11 and that's why I think this slenderest of
12 umbilical cords that still exists in the
13 Superintendent of State Police should be cut
14 away and, Senator Gold, if I for a moment
15 thought that there was really supervisory
16 control by the Superintendent of State Police
17 over these police departments which, on a day by
18 day basis the Superintendent was making a
19 managerial decision or administrative decisions
20 actually running these departments, I would
21 agree with you and I wouldn't have submitted
22 this bill.
23 As a practical matter, the way
4805
1 this stands now is that the administration of
2 the MTA gets two bites at the apple. It can
3 oppose, in an arbitration proceeding, the
4 reinstatement of an officer and if the MTA loses
5 in that arbitration proceeding, it can take
6 another bite of the apple, which the police
7 officer who wins cannot, and go to the
8 Superintendent of State Police and say, Mr.
9 Superintendent, we have -- the administration of
10 the MTA, even though we've lost the arbitration,
11 still don't think you should allow for the
12 reappointment of this officer, and have the
13 officer's reappointment blocked.
14 SENATOR GOLD: Will the Senator
15 yield to another question?
16 SENATOR LACK: Surely, Senator.
17 ACTING PRESIDENT FARLEY: Senator
18 Lack.
19 SENATOR GOLD: On page 2,
20 Senator, there is language which talks about
21 lieutenants, and where is that other -
22 lieutenants, sergeants, it does not mention
23 capacities. Is there a reason for that? Would
4806
1 this bill stop the MTA from having the rank of
2 captain which I understand is a -- an important
3 rank to them in terms of the structure?
4 SENATOR LACK: Quite frankly,
5 Senator, I don't know. It -- it does speak of
6 lieutenants, sergeants and police officers and a
7 detective squad and chiefs and deputy chiefs.
8 Why the absence of the rank of captain, I don't
9 know, but I will tell you this, that the Police
10 Benevolent Association, the Long Island Rail
11 Road Police, which comprises all of these
12 officers, has issued a memorandum strongly in
13 support of the bill.
14 So I take it, it's in keeping
15 within the administrative structure that the
16 railroad has been living under -- well, Long
17 Island Rail Road probably has been living under
18 all these years.
19 SENATOR GOLD: Mr. President, if
20 the Senator will yield to one more question.
21 SENATOR LACK: Sure.
22 SENATOR GOLD: Senator, I
23 understand that the police do support it and you
4807
1 understand we have a draft memo from the MTA
2 which indicates some opposition, although I did
3 not get a final memo, but one of the arguments
4 that they raise is whether or not, you know what
5 -- not whether or not, but what happens to
6 captains in this situation.
7 Apparently they do have captains
8 and what I'm concerned about -- and this is why
9 I'm asking you, if we pass the legislation, are
10 they now no longer authorized to have the
11 captains? How are they handled? It creates that
12 kind of an anomaly.
13 SENATOR LACK: It just says the
14 authority to detail persons in the rank of
15 lieutenant or railroad police to serve in higher
16 ranks, Senator, without stating what those ranks
17 are. This -- this bill would merely state that
18 there has to be X ranks, lieutenants, sergeants
19 and officers. It leaves up to the Authority,
20 quite frankly, which would be the MTA, the
21 ability to detail officers above the rank of
22 lieutenant to higher ranks.
23 I would agree with you that's
4808
1 normally another police officer, the function of
2 captain or higher, or higher than captain in
3 most of the large municipal police departments I
4 know about, where the civil service rank is in
5 effect, and at captain and if you want to be an
6 inspector or deputy inspector, something like
7 that, that would be done by the appointing
8 authority.
9 This appears to leave that to the
10 Authority above the ranks of lieutenant.
11 ACTING PRESIDENT FARLEY: You can
12 read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 52.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 770, by Senator Lack, Senate Bill Number 1639,
23 an act to amend the Workers' Compensation Law.
4809
1 SENATOR GOLD: Yeah, if you would
2 wait one second? I'm waitin' for Senator
3 Stachowski.
4 SENATOR LACK: He's on his way
5 in.
6 SENATOR GOLD: Thank you.
7 ACTING PRESIDENT FARLEY: Senator
8 Present, do you want to stand easy for a
9 moment?
10 SENATOR GOLD: We're ready to
11 go.
12 ACTING PRESIDENT FARLEY: Senator
13 Lack for an explanation.
14 SENATOR LACK: Yes, thank you,
15 Mr. President.
16 We are in the process of making
17 some major changes in Workers' Compensation, and
18 while this bill is at best a technical change
19 and not a major change, the one thing that it
20 will do is require that certain assessments that
21 are imposed upon Workers' Comp. insurers and
22 self-insured employers that are now rolled into
23 the overall bill premium, as it were, that's
4810
1 paid by most of the employers in this state
2 would be separately set forth on the bill and
3 show on the invoice from an insurer to an
4 employer and show as part of that cost, the cost
5 of the -- the administrative cost of running the
6 Workers' Comp. Board and some of the specialized
7 funds that are involved with the Comp. Board
8 which, in and by themselves, are not rated; that
9 is, that the premiums for those do not vary from
10 one employer to another employer and, as a
11 result, employers who are rated will not suffer
12 a penalty because parts of their rating includes
13 these assessments, and these assessments outside
14 of the rating that the employer receives will be
15 separately set forth.
16 Since that will also require an
17 adjustment in the funds to be received as parts
18 of the Workers' Compensation premium base to
19 keep this revenue neutral, as it were, there is
20 an imposed premium tax, it's a technical matter
21 which is included which will keep a neutral
22 revenue base until December 31st, 1996 at which
23 time it expires.
4811
1 SENATOR STACHOWSKI: That it?
2 SENATOR LACK: Yes, sir.
3 SENATOR STACHOWSKI: O.K. I have
4 some questions.
5 SENATOR LACK: Of course.
6 SENATOR STACHOWSKI: Of course.
7 First, Jim, or Senator, would you yield for
8 those questions, and Mr. President?
9 ACTING PRESIDENT FARLEY: Senator
10 Lack, will you yield -
11 SENATOR LACK: Sure.
12 ACTING PRESIDENT FARLEY: -- to
13 questions from Senator Stachowski?
14 SENATOR STACHOWSKI: In
15 determining the assessment rates, can you tell
16 us how the difference -- how it would be for
17 self-insured groups and self-insurers with
18 deductibles versus insurers?
19 SENATOR LACK: The chair
20 determines the assessment rates.
21 SENATOR STACHOWSKI: Who? Pardon
22 me?
23 SENATOR LACK: The chair of the
4812
1 Workers' Comp. Board would determine all
2 assessment rates under this bill.
3 SENATOR STACHOWSKI: Do we -- do
4 we have an idea that they are able to do this? I
5 mean as opposed to now the insurance people
6 handle this?
7 SENATOR LACK: That's not
8 correct, Senator. Excuse me, Mr. President.
9 SENATOR STACHOWSKI: The Workers'
10 Comp. people will be able to handle this?
11 SENATOR LACK: Mr. President,
12 Senator Stachowski, that's done now by the
13 Workers' Compensation Board itself. It's not
14 reflected separately in the bill that an
15 employer receives, but it is certainly reflected
16 in the aggregate that the employer receives and
17 from the employer's standpoint the difference is
18 that those assessments are going to be reflected
19 on a separate line in the same way that we had
20 occasionally established, let's say, an income
21 tax surcharge on a telephone bill and the
22 telephone company very nicely includes William
23 Stachowski, your telephone bill, New York State
4813
1 Legislature imposed one-quarter percent and on
2 that they all know who to call.
3 ACTING PRESIDENT FARLEY: Senator
4 Stachowski.
5 SENATOR STACHOWSKI: The -- the
6 tax on the insurers, will there be some sort of
7 assessment on all four groups, or is that -- the
8 premium tax is only on private insurers?
9 SENATOR LACK: On everybody.
10 SENATOR STACHOWSKI: The premium
11 tax will exclude now the agent's commissions?
12 SENATOR LACK: The what?
13 SENATOR STACHOWSKI: Agent's
14 commissions on the insurers.
15 SENATOR LACK: That's correct.
16 SENATOR STACHOWSKI: The agent's
17 commissions will now be excluded from the
18 premium tax?
19 SENATOR LACK: They will now be
20 excluded from the rating portion and from the
21 premium tax, but they're still going to be
22 there.
23 SENATOR STACHOWSKI: I understand
4814
1 they'll still get a commission. The question
2 was, it will be excluded from the tax collected?
3 SENATOR LACK: Correct.
4 SENATOR STACHOWSKI: And because
5 of that -- and this is a question that we've got
6 from the Governor's counsel, is that the
7 Governor's counsel projects that the assessments
8 will now decrease as a result of this from $40
9 million to $7 million in this -- in this new
10 system that will be set up.
11 SENATOR LACK: Well, as you know,
12 Senator, the Governor some time thereafter -
13 and you can tell from the bill numbers
14 themselves, my bill is S. 1639, now carried by
15 member of the Assembly Barbaro, and the
16 Governor's bill also carried by me is S. 4759 -
17 so from the numbering sequence alone you can
18 tell that the Governor's proposal which
19 essentially does the same as my proposal came
20 out some three or four months after my
21 proposal.
22 The one big difference, which is
23 not the assessment, tax difference or any of
4815
1 that, the one big difference between the
2 Governor's -- the one between my bill and the
3 Governor's bill is that my bill would require
4 the separation of the assessment cost on the
5 bill, on the invoice, received by the employer.
6 In other words, you can no longer commingle the
7 costs of the Workers' Compensation Board
8 administration and the other funds that are
9 involved in the whole fee for Workers' Comp.
10 insurance.
11 SENATOR STACHOWSKI: If, in fact,
12 you are carrying the Governor's bill also and -
13 SENATOR LACK: Pardon?
14 SENATOR STACHOWSKI: You are
15 carrying the Governor's bill also, I'm aware of
16 that, and at least according to the information
17 I was given in these questions, it more
18 accurately reflects the recommendations of the
19 commission, Temporary Commission on Workmen's
20 Comp., why wouldn't we be doing that bill at
21 this time rather than that one?
22 SENATOR LACK: Well, I think,
23 quite frankly, of the two, I like my bill better
4816
1 than the Governor's bill, Senator, and second of
2 all, I do like that feature of my bill, the
3 earlier bill, which requires the delineation and
4 the separation of administrative costs which the
5 Governor keeps closed up in his bill.
6 I -- with all the other things,
7 as you know, that we're doing with Workers'
8 Comp. right now and with the projected 19
9 percent premium increase that will take place
10 the first of next month which will increase the
11 Workers' Compensation premium base in this state
12 to over $5 billion, I think it's high time that
13 some of the real costs to the Workers'
14 Compensation Board, i.e., the costs of its
15 administration, the cost of the reopened case
16 fund, the cost of the special disability fund
17 and the cost of the board itself, will now be
18 known, as it were, and known to any employer at
19 least, that, in other words, if I can make it
20 up, an employer pays $100 in premiums, the
21 employer will get a separate bill, will get a
22 bill that says, again making it up, $90 for
23 insurance for Workers' Comp., $10 for
4817
1 administrative costs to the Workers' Comp.
2 Board.
3 I think it's good to start
4 focusing on that. I can understand as an
5 executive agency of government how the Governor
6 might not want those separate costs put out and
7 required by law. I prefer, while both bills -
8 while both bills handle the separation for
9 assessment situations and rating situations so
10 that there won't be a penalty, both bills do
11 that same thing. My bill takes the extra step.
12 The Governor's bill does not.
13 SENATOR STACHOWSKI: One other
14 question, and it's kind of repetitive, but
15 besides this separation on the listing of the
16 expenses, it still does always not include the
17 agent's commission in the figuring of the
18 premium tax, your bill, this one as opposed to
19 the Governor's bill.
20 SENATOR LACK: I don't think the
21 Governor's bill does either.
22 SENATOR STACHOWSKI: I think it
23 does, my understanding.
4818
1 SENATOR LACK: The Governor's
2 bill wouldn't allow agents to collect money,
3 make a commission on the assessments at all. My
4 bill does.
5 SENATOR STACHOWSKI: Last
6 question: Workmen's Comp. Board had a memo out
7 and I know that -- I know we had a bit of
8 confusion on this in that Workmen's Comp. had a
9 memo out that they don't like getting these -
10 oppose the shift of rate-setting duties to the
11 board.
12 SENATOR LACK: I'm sorry. They
13 don't what?
14 SENATOR STACHOWSKI: The board
15 has opposition to them getting this -- the rate
16 setting duties. Did -- is that still the case?
17 SENATOR LACK: Well, again, for
18 what the bill accomplishes which is to hold up
19 the first time to those who are paying the price
20 what the price costs. If I were the Workers'
21 Comp. Board, I think, tongue in cheek, I
22 wouldn't be much in favor of this bill either
23 and they certainly haven't been encouraging us
4819
1 to pass it.
2 As you well know, Workers' Comp.
3 expenses have never been charged to general fund
4 in this state and sometimes, as a result, since
5 they're not a general fund charge and don't come
6 out of the tax funds of this state, they haven't
7 been looked at perhaps, shall I say, as strongly
8 as some of the other costs that we have in the
9 state and now with the premium base about to go
10 to $5 billion, with a 19 percent increase, I
11 know many of the members here and certainly
12 myself, are receiving many, many more inquiries
13 about the cost to the Workers' Compensation
14 system.
15 By highlighting and separating
16 out the administrative costs from the insurance
17 costs, we start to get a fairer picture of
18 what's involved. If I was at the Workers'
19 Compensation Board, I don't think I'd be much in
20 favor of this, but I think everybody else in the
21 state is.
22 SENATOR STACHOWSKI: Could I ask
23 you one last question?
4820
1 SENATOR LACK: Sure.
2 SENATOR STACHOWSKI: Do you have
3 any idea why the Governor's counsel's office
4 then feels that this bill is going to cost $33
5 million more than the other bill? It's going to
6 cost the state $33 million more?
7 SENATOR LACK: We have all sorts
8 -- as you know, Senator, if you've seen the
9 memoranda which says this is a revenue neutral
10 bill, I've described it, I think, in my opinion
11 and the opinion of the experts and the actuaries
12 and those who are involved in keeping these
13 statistics, do the revenue neutrality of the
14 bill, what the bill does and I, as I said, I
15 understand the differences between the
16 Governor's bill and my bill.
17 It is not over money, and I don't
18 know anybody who thinks, quite frankly, it's
19 over money because this bill, for example, was
20 not requested by the Senate Finance Committee,
21 because there would be a monetary cost to the
22 state or there would be a realization of less
23 money by the Workers' Compensation system as a
4821
1 result of passing -- passing this bill.
2 It is a revenue neutral bill and
3 has been considered by all to be just that. I
4 have no memo sent to me from the Governor.
5 There are no memoranda in opposition other than
6 the Workers' Comp. memo, that have been filed on
7 the bill.
8 I can tell you this, that all
9 employer and insurance groups that I know of are
10 certainly in favor of this bill, because they
11 want to see the separate designation of
12 administrative costs of the system on those
13 invoices.
14 SENATOR STACHOWSKI: Let me ask
15 you one more question, if you don't mind then.
16 SENATOR LACK: Sure, Senator.
17 SENATOR STACHOWSKI: Do you
18 believe at this time that if we, in fact, pass
19 this bill, that Assemblyman Barbaro is planning
20 on trying to pass this bill also in the Assembly
21 or would he prefer to proceed with the
22 Governor's bill?
23 SENATOR LACK: As far as I know,
4822
1 member of the Assembly Barbaro, by introducing
2 this bill, no mean feat in and by itself
3 because, if you know the chair of the Assembly
4 Labor Committee like I know the chair of the
5 Assembly Labor Committee, I can give you a long
6 list of bills that he just won't introduce. The
7 fact that he has introduced this bill and it is
8 under active consideration by the Assembly means
9 that the bill stands a very good chance of
10 passing the Assembly, which is why this bill is
11 being moved in this house at this time.
12 As you know, Senator, as -- since
13 you're ranking minority member on the Senate
14 Labor Committee, this bill was let out a long
15 time ago from the Senate Labor Committee and has
16 been sitting where it is waiting for some
17 movement in the Assembly and I have some reason
18 to believe that by member of the Assembly
19 Barbaro's introduction of the bill that he is
20 planning to -- to move it and he, like I, has
21 introduced both versions of the bill.
22 SENATOR STACHOWSKI: On the
23 bill.
4823
1 ACTING PRESIDENT FARLEY: On the
2 bill, Senator Stachowski.
3 SENATOR STACHOWSKI: Since -- I
4 appreciate the explanation given by Senator Lack
5 and I know there's no written memos, but somehow
6 in doing our research, we came up with the
7 Governor's counsel giving us that this bill will
8 cost $33 million more than the other bill and
9 also in trying to find out if this bill is going
10 to move in the Assembly, so far we don't have an
11 indication that it's going to, even though
12 Senator -- I mean Senator Lack tells us that, by
13 Assemblyman Barbaro sponsoring it as opposed to
14 some other bills that he wouldn't even sponsor,
15 that he feels this bill will move forward and
16 because of those questions, I, at this time,
17 find myself very hard-pressed because I like the
18 idea of separation and showing people what the
19 administrative costs are, but the problem I have
20 is that since I have these other pieces of
21 information that I'm having a hard time dealing
22 with, I would probably ask that our people
23 oppose the bill.
4824
1 Thank you.
2 SENATOR LACK: Mr. President.
3 ACTING PRESIDENT FARLEY: Senator
4 Lack.
5 SENATOR LACK: I certainly
6 appreciate Senator Stachowski's comment, but
7 it's very hard, as always, in this body to show
8 a negative and if anybody in the sound of this
9 voice, including counsel to the Governor, the
10 Workers' Comp. Board, et cetera, would care
11 since this bill has been around for a long time
12 and after it was introduced late last session,
13 would care to issue in writing a memorandum that
14 they think this costs more money and delineate
15 why, I'd be happy to look at it.
16 But this isn't something that
17 flew over the transom yesterday evening. I said
18 this bill has been around for a year. It's been
19 discussed, it's been looked at. It's been
20 statistically reviewed and it is only now when
21 it is approaching passage in this house and
22 starting to move in the Assembly by coming under
23 the sponsorship of the Majority member in charge
4825
1 of the Labor Committee, that suddenly there is
2 innuendo, no memoranda, nothing in writing that
3 this bill costs $33 million.
4 In my tenure in this house and in
5 this Legislature, I have yet to see if an agency
6 or certainly the second floor can show that
7 something proposed by the Senate Republicans is
8 going to cost $33 million more than what is
9 currently out there, that there is always a
10 plethora of memoranda saying what spendthrift
11 Republicans we are, and indeed now there is
12 absolutely nothing except a telephone call, stop
13 them from delineating the administrative costs
14 of the Workers' Comp. Board.
15 Just say it's $33 million more?
16 Where does that 33 million come from? Who
17 knows? But certainly none of the people who are
18 paying the 33 million, the employers, the
19 insurance companies who have totally supported
20 this bill, think it's going to cost more. They
21 all think, quite frankly and hopefully, that
22 eventually it will reduce the administrative
23 costs of the Workers' Compensation system, and
4826
1 so do I.
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: Those recorded in
10 the negative on Calendar Number 770 are Senators
11 Gold, Leichter, Onorato and Stachowski. Ayes 48,
12 nays 4.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 840, by Senator Sears, Senate Bill Number
17 3471-A, an act to amend the Public Health Law
18 and the Executive Law.
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
4827
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 52.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1034, by Senator LaValle, Senate Bill Number
8 4902-A, an act to amend Chapter 699 of the Laws
9 of 1947.
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 52.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1044, by Senator Wright, Senate Bill Number
22 5472, an act to amend the State Administrative
23 Procedure Act.
4828
1 SENATOR GOLD: Could we get one
2 day on this one?
3 ACTING PRESIDENT FARLEY: Senator
4 Wright, can he have one day on this bill?
5 SENATOR WRIGHT: Yes.
6 SENATOR GOLD: Thank you.
7 ACTING PRESIDENT FARLEY: Lay the
8 bill aside for today.
9 THE SECRETARY: Calendar Number
10 1050, by Senator Spano, Senate Bill Number 5750,
11 an act to amend the Mental Hygiene Law.
12 ACTING PRESIDENT FARLEY: Read
13 the last section.
14 SENATOR GOLD: Can we -- Senator
15 Spano, could we have one day on this bill?
16 Everything else passed.
17 SENATOR SPANO: One second.
18 Lay aside one day, please.
19 ACTING PRESIDENT FARLEY: Lay the
20 bill aside for today.
21 THE SECRETARY: Calendar Number
22 1057, Senator Libous moves to discharge the
23 Committee on Rules from Assembly Bill Number
4829
1 8183, and substitute it for his identical
2 Calendar Number 1057.
3 ACTING PRESIDENT FARLEY:
4 Substitution is ordered.
5 SENATOR LEICHTER: Mr. President,
6 would Senator Libous yield to a question?
7 ACTING PRESIDENT FARLEY: Senator
8 Libous, will you yield for a question on the
9 bill?
10 SENATOR LIBOUS: Certainly, Mr.
11 President, certainly.
12 SENATOR LEICHTER: Senator, I
13 appreciate this is not a momentous bill although
14 I don't want to denigrate your bill. You've
15 worked hard to bring it before us.
16 SENATOR LIBOUS: On the contrary,
17 Mr. President, I thought all my bills were
18 momentous bills.
19 SENATOR LEICHTER: But somebody
20 called to my attention that earlier this session
21 we passed a Cook bill, which was generic which
22 covered all of these village courts and
23 permitting them to hold sessions within the town
4830
1 in which they're located, and I just wondered
2 why we needed a special bill for the village of
3 Port Dickinson.
4 SENATOR LIBOUS: I don't know if
5 the Cook bill is law, Mr. President. If Senator
6 Cook is here, maybe he could -- I was told this
7 was needed because of the situation in the
8 village of Port Dick'.
9 SENATOR LEICHTER: It's -- it's a
10 Cook-Tonko bill, and it seemed like such an
11 eminently reasonable bill and it certainly
12 should apply to all of the villages, not only
13 the village of Port Dickinson.
14 SENATOR LIBOUS: Mr. President,
15 I'm not -- I'm not familiar, we may have already
16 done that, but I know that the Assembly just
17 passed this bill, and I know that Assemblyman
18 Tallon sponsors it over there, and I would guess
19 that his office should have discovered it if it
20 wasn't needed. I really can't answer.
21 SENATOR LEICHTER: I might just
22 suggest, if you look at Senator Cook's bill,
23 which is Senate 2989, which passed unanimously
4831
1 here on March 30th.
2 ACTING PRESIDENT FARLEY: Read
3 the last section of the Assembly bill.
4 Substitution is ordered.
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 52.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 Senator Present, that completes
14 the calendar.
15 Senator Gold, why do you rise?
16 Senator Leichter?
17 SENATOR LEICHTER: Yeah, Mr.
18 President. May I have unanimous consent to make
19 a brief statement?
20 ACTING PRESIDENT FARLEY: Without
21 objection, I guess.
22 SENATOR LEICHTER: O.K. Yes, Mr.
23 President, today is June 14th. Tomorrow is the
4832
1 last day on which rent control and rent
2 regulations apply in the state of New York. I'm
3 really most concerned that this system, which is
4 so vital to hundreds of thousands, if not
5 millions of New Yorkers, is going to expire
6 because of the unwillingness of the Senate
7 Majority to put a bill on the floor either as a
8 simple extender or Senator Goodman's bill which
9 would make rent control permanent.
10 I think we're really playing with
11 fire to allow this to go down to the last
12 minute, and I think there is an effort by some
13 people here to scuttle rent control. It would
14 have a devastating effect on, as I said, hun
15 dreds of thousands of New Yorkers and particu
16 larly on some of our urban and suburban areas.
17 I would hope very much that we
18 would be able to address that issue fairly
19 tomorrow, and I would also hope that these
20 various bills extending rent control would be
21 put out on the floor. I see that on the
22 calendar we have bills by, I believe it's
23 Senator Bruno or maybe Senator Hannon, which
4833
1 would scuttle rent control.
2 Put all the bills out. Don't
3 meet behind closed doors and do the work that
4 the Legislature ought to do in the public in the
5 closed conference room of the Senate Republican
6 Majority. These bills deserve to be on the
7 floor and not to have a minority of this Senate,
8 although it may be a majority of the Senate
9 Republicans, make these decisions.
10 But the fact is that it is a dire
11 situation for hundreds of thousands of New
12 Yorkers. We have an obligation to act on this
13 important issue. We must do so by tomorrow or
14 rent control will terminate.
15 SENATOR GOLD: Mr. President.
16 ACTING PRESIDENT FARLEY: Senator
17 Gold.
18 SENATOR GOLD: Yeah, I just
19 wanted to make an announcement. I believe we're
20 at the end of the calendar, Senator.
21 ACTING PRESIDENT FARLEY: Yes, we
22 are.
23 SENATOR GOLD: Senator Ohrenstein
4834
1 has directed me, requested me, asked me to, in a
2 really very nice way, to announce that there
3 will be a policy meeting immediately after the
4 session, and a Minority Conference tomorrow at
5 2:00 p.m., approximately, in his conference
6 room.
7 ACTING PRESIDENT FARLEY: There
8 will be a Democratic policy committee meeting in
9 their conference room right after session.
10 Are there any other
11 announcements? Senator Present.
12 SENATOR PRESENT: Mr. President,
13 there being no further business, I move we
14 adjourn until tomorrow at 3:00 p.m.
15 ACTING PRESIDENT FARLEY: The
16 Senate will stand adjourned until tomorrow at
17 3:00 p.m.
18 (Whereupon at 4:21 p.m., the
19 Senate adjourned. )
20
21
22
23