Regular Session - February 1, 1994
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9 ALBANY, NEW YORK
10 February 1, 1994
11 3:53 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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410
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. Senators will please
4 find their seats. Please rise with me for the
5 Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT FARLEY: Today,
9 in the absence of clergy, would you please bow
10 your heads for a moment of silent prayer.
11 (A moment of silence was
12 observed.)
13 ACTING PRESIDENT FARLEY:
14 Secretary will begin by reading the Journal.
15 THE SECRETARY: In Senate,
16 Monday, January 31st, the Senate met pursuant to
17 adjournment, Senator Farley -- Senators Farley
18 and Kuhl in the Chair upon designation of the
19 Temporary President. The Journal of Sunday,
20 January 30th, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT FARLEY: Hearing
23 no objection, the Journal will stand approved as
411
1 read.
2 The order of business.
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 We have a report of a standing
8 committee. Secretary will read it.
9 THE SECRETARY: Senator Cook,
10 from the Committee on Education, reports the
11 following bills directly for third reading.
12 Senate Bill Number 4237-A, by
13 Senator Stafford, an act to amend the state aid
14 to the North Warren Central School District.
15 Senate Bill Number 4788-A, by
16 Senator Cook, an act to amend the Education
17 Law.
18 6042, by Senator Larkin, an act
19 to amend the Education Law.
20 6523, by Senator Skelos, an act
21 to amend the Education Law.
22 ACTING PRESIDENT FARLEY: All
23 those -- we have some more. Hold on.
412
1 THE SECRETARY: Senator Tully,
2 from the Committee on Health, reports the
3 following bills directly for third reading:
4 Senate Bill Number 6551, by
5 Senator Tully, an act to amend Chapter 735 of
6 the Laws of 1992 amending the Public Health
7 Law.
8 Senator Maltese, from the
9 Committee on Crime Victims, Crime and
10 Correction, reports the following bills directly
11 for third reading:
12 Senate Bill Number 245-A, an act
13 to amend the Executive Law.
14 2754, by Senator Cook and others,
15 Correction Law and the Civil Practice Law and
16 Rules.
17 3797, by Senator Maltese, an act
18 to amend the Executive Law.
19 44 -- excuse me. Senator Lack,
20 from the Committee on Judiciary, reports the
21 following bills directly for third reading:
22 Senate Bill Number 442, by
23 Senator Stafford and others, Real Property Law.
413
1 Senate Bill Number 1936, by
2 Senator Maltese, an act to amend the Court of
3 Claims Act.
4 2670, by Senator Lack, an act to
5 amend the Real Property Law.
6 And 6396, by Senator Marino,
7 proposing amendments to the Constitution,
8 filling the vacancy in the office of the
9 Comptroller and Attorney General.
10 All bills reported directly for
11 Third Reading.
12 ACTING PRESIDENT FARLEY: All
13 bills are reported directly for third reading.
14 We have a substitution, Senator
15 Present. Secretary will read it.
16 THE SECRETARY: On page 5 of
17 today's calendar, Senator Velella moves to
18 discharge the Committee on Insurance from
19 Assembly Bill Number 6289-B and substitute it
20 for the identical Third Reading 59.
21 ACTING PRESIDENT FARLEY:
22 Substitution is ordered.
23 Reports of select committees.
414
1 Communication and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Present.
5 SENATOR PRESENT: Mr. President,
6 I move that we adopt the Resolution Calendar, a
7 copy of which is on our desk.
8 ACTING PRESIDENT FARLEY: All in
9 favor of adopting the Resolution Calendar,
10 please say aye.
11 (Response of "Aye".)
12 Those opposed, nay.
13 (There was no response.)
14 The Resolution Calendar is
15 adopted. No motions on the floor. We're ready
16 for the calendar.
17 Senator Present.
18 SENATOR PRESENT: Mr. President,
19 let's take up the non-controversial calendar,
20 please.
21 ACTING PRESIDENT FARLEY:
22 Non-controversial. Secretary will read.
23 THE SECRETARY: On page 4,
415
1 Calendar Number 36, by Senator Nozzolio, Senate
2 Bill Number 2507-A, an act to amend the Vehicle
3 and Traffic 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 37.
12 ACTING PRESIDENT FARLEY: That
13 bill is passed.
14 THE SECRETARY: Excuse me, ayes
15 36, nays 1. Senator Wright recorded in the
16 negative.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 40, by Senator Bruno, Senate Bill Number 6300-A,
21 an act to amend the Highway Law, in relation to
22 designating a portion of the state highway
23 system as the C.V. Whitney Memorial Highway.
416
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 37.
9 ACTING PRESIDENT FARLEY: That
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 54, by Senator Volker, Senate Bill Number
13 4944-A.
14 SENATOR GOLD: Lay it aside.
15 ACTING PRESIDENT FARLEY: Lay
16 that bill aside.
17 THE SECRETARY: Calendar Number
18 55, by Senator Skelos, Senate Bill Number 1156,
19 an act to amend the Executive Law and Penal Law.
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
417
1 65, by Senator Kuhl, Senate bill Number 5...
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay
4 that aside.
5 THE SECRETARY: Calendar Number
6 67, by Senator Kuhl, Senate Bill Number 3413-A,
7 an act to amend the Agriculture and Markets Law
8 and Economic Development Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 36, nays 1.
17 Senator Leichter recorded in the negative.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 72, by Senator Tully, Senate Bill Number 6419,
22 New York State Medical Care -
23 SENATOR GOLD: Lay it aside.
418
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 83, by Senator Bruno, Senate Bill Number 2186,
5 Real Prop...
6 SENATOR GOLD: Lay it aside for
7 Senator Dollinger, please.
8 ACTING PRESIDENT FARLEY: Lay
9 that bill aside.
10 THE SECRETARY: Calendar Number
11 88, by Senator Levy, Senate -
12 SENATOR GOLD: Lay it aside,
13 please.
14 ACTING PRESIDENT FARLEY: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 103, by Senator Stafford, Senate Bill -
18 SENATOR GOLD: Lay it aside for
19 Senator Dollinger.
20 ACTING PRESIDENT FARLEY: Lay
21 that aside.
22 THE SECRETARY: Calendar Number
23 111, by Senator Skelos, Senate Bill Number 6548,
419
1 amend Chapter 208 of the Laws of 1992.
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 40.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed. That's the first time through.
12 Senator Present.
13 SENATOR PRESENT: Let's take up
14 the controversial calendar, please.
15 ACTING PRESIDENT FARLEY:
16 Controversial, page 4.
17 THE SECRETARY: On page 4,
18 Calendar Number 54, by Senator Volker, Senate
19 Bill Number 4944-A, an act to amend the Civil
20 Rights Law, the Criminal Procedure Law and the
21 Executive Law.
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay the
420
1 bill aside temporarily.
2 THE SECRETARY: On page 5,
3 Calendar Number 55, by Senator Skelos, Senate
4 Bill Number 1156, Executive Law and the Penal
5 Law, in relation to the payment of fees by
6 persons sentenced to probation.
7 SENATOR GOLD: Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation, Senator Skelos. Senator Gold.
10 SENATOR PRESENT: Lay it aside
11 temporarily.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside temporarily.
14 THE SECRETARY: Calendar Number
15 65, by Senator Kuhl, Senate Bill Number 535-A,
16 an act to amend the Agriculture and Markets Law.
17 SENATOR GOLD: Explanation.
18 ACTING PRESIDENT FARLEY:
19 Explanation, Senator Kuhl.
20 SENATOR PRESENT: Lay it aside
21 temporarily.
22 ACTING PRESIDENT FARLEY: Lay
23 this bill aside temporarily.
421
1 THE SECRETARY: Calendar Number
2 72, by Senator Tully, Senate Bill Number 6419,
3 amend the New York State Medical Care Facilities
4 Finance Agency Act.
5 SENATOR GOLD: Lay it -
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This -
10 SENATOR GOLD: I'm sorry.
11 SENATOR PRESENT: Lay it aside
12 temporarily.
13 ACTING PRESIDENT FARLEY: Lay the
14 bill aside temporarily.
15 THE SECRETARY: Calendar Number
16 83, by Senator Bruno, Senate Bill Number 2186,
17 Real Property Tax Law, in relation to
18 residential improvement exemption in certain
19 cities.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 SENATOR LEICHTER: Explanation.
23 ACTION PRESIDENT FARLEY:
422
1 Explanation, Senator Bruno.
2 SENATOR BRUNO: Yes, Mr.
3 President. This bill is introduced at the
4 request of the city of Troy, and the intent is
5 to enable people to upgrade their property
6 residentially, one- or two-family homes within
7 the city limits of Troy, and when they improve
8 their property, there will be no tax liability.
9 For example, someone owns a
10 $100,000 home, they spend 10,000 to renovate it,
11 rehab' it, beautify it, all the good things that
12 neighbors like to see happen in a municipality,
13 there will be no increase in their tax liability
14 for having done that, unless, Senator, and
15 hopefully in anticipation of your question, the
16 property changes hands.
17 If the property changes hands,
18 then they go back and re-assess or do whatever
19 is normally done that relates it to market
20 value. If the inhabitants are increased, if it
21 goes from one-family or two-family, is upgraded
22 from there, well, then we start over with the
23 tax liability.
423
1 So the bottom line is that in
2 Troy, many properties are not improved because
3 people living on fixed income, limited incomes,
4 can't afford the high taxes that they presently
5 pay, never mind the potential of increasing the
6 taxes on top of the cost of upgrading the
7 property. A great bill, Mr. President.
8 Hopefully we will have the support of this body.
9 SENATOR LEICHTER: Mr. President.
10 ACTING PRESIDENT FARLEY: Senator
11 Leichter.
12 SENATOR LEICHTER: Yeah. Would
13 Senator Bruno yield to a question on his great
14 bill?
15 SENATOR BRUNO: With great
16 pleasure.
17 SENATOR LEICHTER: Senator,
18 suppose I take a shack, two-room shack, and I
19 make it -- I rehabilitate it, renovate it, alter
20 it, becomes a million-dollar mansion. Now it
21 has 30 rooms and gilded marble plates, gold
22 faucets, and so on. Are you telling me there
23 will be no increase in my tax?
424
1 SENATOR BRUNO: Within the city
2 of Troy, I am telling you that what you have
3 just done is you have upgraded the property of
4 everyone around you, the entire municipality in
5 Troy, by having spent that million dollars
6 upgrading that shack. We applaud you. There
7 will be no tax consequences to you as long as
8 you own it.
9 SENATOR LEICHTER: Senator, now
10 as you say, I bestowed this enormous benefit on
11 all of my neighbors, none of whom have altered
12 their property. Are they going to get a tax
13 increase because the assessment in the community
14 of houses is so much better because they're all
15 living next to the Leichter Mansion?
16 SENATOR BRUNO: Senator, as you
17 know, when people do comparables, they will look
18 at a comparable and they will say this shack is
19 not increased at all in its tax liability.
20 Consequently, we have no additional liability,
21 so I would guess not, Senator, so live there in
22 great comfort and, Senator, think about all of
23 the jobs that are created by the million-dollar
425
1 rehab' project that you have just accomplished.
2 Congratulations to you, Senator Leichter.
3 SENATOR LEICHTER: Senator, can I
4 ask another question?
5 SENATOR BRUNO: Yes.
6 SENATOR LEICHTER: Senator, has
7 the city of toy asked us to pass this bill?
8 SENATOR BRUNO: Yes.
9 SENATOR LEICHTER: There's a home
10 rule message?
11 SENATOR BRUNO: We have a great
12 sponsor. This is at the request of -- this
13 legislation is introduced at the request of the
14 city of Troy, and I guess the best demonstration
15 of that would be that the Assembly sponsor is a
16 great colleague, good friend, fellow Democrat,
17 Ron Canestrari, who serves on the Ways and Means
18 with great distinction, and he sponsors this
19 bill in the Assembly and has full intent of
20 seeing it become law with your support,
21 Senator.
22 SENATOR LEICHTER: Senator Bruno,
23 let me say, I think the bill is -- to my mind,
426
1 is badly flawed, but if the city of Troy wants
2 it and it has such a distinguished sponsor -- I
3 don't know about the Assembly sponsor, but
4 certainly the Senate sponsor -
5 SENATOR BRUNO: Thank you.
6 SENATOR LEICHTER: -- I'm going
7 to vote for it.
8 SENATOR BRUNO: Thank you.
9 ACTING PRESIDENT FARLEY: Senator
10 Jones.
11 SENATOR JONES: Yes, Mr.
12 President. Would the sponsor yield to a
13 question, please?
14 SENATOR BRUNO: Yes.
15 SENATOR JONES: Senator Bruno,
16 could you just clarify for me. The city of
17 Rochester had requested for -- a bill last year
18 for the similar kinds of property exemptions.
19 We then passed a statewide bill, and the city
20 agreed that they would abide by that even though
21 they had different conditions in their bill.
22 I'm wondering why the city of Troy, the
23 statewide bill we passed isn't applicable and
427
1 what are the differences now that we need
2 another bill?
3 SENATOR BRUNO: Thank you,
4 Senator.
5 The statewide bill that we did,
6 my recollection is that it was similar at the
7 beginning, but as you went forward each year
8 after you spend a million dollars rehabing' that
9 shack, as Senator Leichter just did, the next
10 year, you lose by the statewide application,
11 twelve and a half percent of the benefit, and
12 you lose twelve and a half percent every year
13 for years until eight years later, you are then
14 on the tax rolls for that million instead of
15 where you started. So the city of Troy sees
16 that as some inhibition, because maybe the
17 average income levels are different there than
18 Rochester, but it just seemed like an additional
19 liability to those people that they are trying
20 to encourage to upgrade their properties, so
21 that's why we're asking for special legislation,
22 Senator.
23 SENATOR JONES: Mr. President,
428
1 would the Senator yield to one more question?
2 ACTING PRESIDENT FARLEY: Senator
3 Bruno, would you yield to another question from
4 Senator Jones?
5 SENATOR BRUNO: Yes, Mr.
6 President.
7 SENATOR JONES: Senator, would it
8 be your recommendation then that each city then
9 would resubmit, because Rochester didn't want
10 those same conditions either, then they should
11 resubmit a new bill this year for themselves and
12 ignore the statewide then?
13 SENATOR BRUNO: Senator, I think
14 each person that represents a constituency has
15 to make their judgments on what they see as the
16 best interests of the majority of their
17 constituency, and in your great wisdom, if you
18 think that approach is worth bringing to the
19 floor, then if I were you, I would be doing
20 that.
21 SENATOR JONES: Thank you,
22 Senator.
23 ACTING PRESIDENT FARLEY: Last
429
1 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 47.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 SENATOR PRESENT: Mr. President,
11 can we take up Calendar 72, please.
12 ACTING PRESIDENT FARLEY:
13 Calendar Number 72, by Senator Tully, on page
14 6. Secretary will read it.
15 THE SECRETARY: Calendar Number
16 72, by Senator Tully, Senate Bill Number 6419,
17 New York State Medical Care Facilities Finance
18 Agency Act.
19 SENATOR JONES: Explanation.
20 ACTING PRESIDENT FARLEY:
21 Explanation has been asked for, Senator Tully.
22 SENATOR TULLY: Yes, Mr.
23 President. Who asked for the explanation?
430
1 ACTING PRESIDENT FARLEY: I think
2 it was Senator Jones, as I recall.
3 SENATOR TULLY: Thank you, Mr.
4 President.
5 This bill deals with the
6 financing of Life Care Communities and it deals
7 basically with development costs of the
8 projects. The bill was unanimously passed in
9 the Senate last year also in the Assembly and
10 the Governor, in his less than infinite wisdom,
11 chose to veto it last year. In his veto message
12 which I have somewhere here, the Governor
13 indicated that he anticipated having no
14 objection to making development cost loans
15 available through state public authorities where
16 appropriate. If I understood the nature of his
17 veto message, as we sometimes have to read
18 between the lines, he thought it was a great
19 bill but last year wasn't the time for it. This
20 year is. I would expect that, after it passes
21 this house and passes the Assembly, that he will
22 then sign it because it might be the appropriate
23 time for this excellent legislation.
431
1 SENATOR JONES: Mr. President,
2 would the Senator yield for a question, please?
3 ACTING PRESIDENT FARLEY: I'm
4 sure he will. Senator Tully.
5 SENATOR JONES: Senator Tully,
6 could you clarify for me, I just saw the figure
7 of 7 million mentioned in the memo. Is this in
8 addition to MCFFA's already, their allotment, or
9 is it just a reallocation of the money they
10 already -
11 SENATOR TULLY: Under existing
12 law, MCFFA has a cap of $3 million. This is an
13 additional 7 million, so it will be 7- on top of
14 the 3- giving the ability to extend the cap to
15 $10 million.
16 SENATOR JONES: Would the Senator
17 yield to another question?
18 ACTING PRESIDENT FARLEY: Senator
19 Tully.
20 SENATOR JONES: Senator, it has
21 come to my intention from some people that there
22 has been some problems with Life Care
23 communities, in that they basically have become
432
1 financially insolvent. Do you have any evidence
2 of this, or have you looked into this issue?
3 SENATOR TULLY: Mr. President,
4 that's not really accurate. In 1989, my
5 legislation was passed additional bills, one of
6 which passed and signed by the Governor which
7 provided for the development of Life Care
8 communities. This bill is one of a part -- of a
9 group of bills, the first one of which is to
10 provide for the development costs as this bill
11 does. The additional bills, one of which passed
12 through the Local Government today, which
13 provided for financing through one of the
14 mechanisms that we recommended which is the IDA,
15 utilizing IDA for the loans. Additional bills
16 will come through that will also provide for
17 long-term financing through utilization of
18 pension funds as well.
19 SENATOR JONES: On the bill, Mr.
20 President.
21 ACTING PRESIDENT FARLEY: On the
22 bill, Senator Jones.
23 SENATOR JONES: I still find
433
1 myself a little bit concerned about the debt,
2 that I think there is some potential there for
3 lost revenue. However, the potential cost
4 savings to the state and local governments and
5 Medicaid, I think is worth the risk, but -- I
6 will support the bill, but I'm glad to hear what
7 you said, Senator Tully, that we are looking for
8 long-range ways of funding this as we continue
9 in our efforts to cut Medicaid costs.
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 ACTING PRESIDENT FARLEY: Senator
18 Tully to explain his vote.
19 SENATOR TULLY: Yes, Mr.
20 President.
21 Just to allay the concerns of
22 Senator Jones and anyone else that might be out
23 there. It really is a disgrace that this state
434
1 which leads in so many things is so far behind
2 in this most essential area, that -- the
3 development of Life Care communities. Too many
4 times our seniors in this state have been forced
5 to reduce themselves and lose their dignity by
6 virtue of transactions that some people might
7 call fraudulent to avoid the constraints that
8 come for providing for themselves in their later
9 years.
10 This bill is specifically
11 directed to precluding any concern with respect
12 to fraud and concern with respect to the loss of
13 senior citizens' money. The economic impact on
14 this state would be somewhere in the area of $2
15 billion.
16 Right now, youngsters are forced
17 to visit their parents, if you will, in other
18 states, and the other states are gaining the
19 benefit of the economic development that these
20 Life Care communities provide and all of the
21 jobs -- jobs, Mr. President, that we need so
22 much and so urgently in this state.
23 I think I can say with some
435
1 degree of certainty that this is legislation
2 that everyone knows is sorely needed, and I
3 think probably this year we'll see it signed by
4 the Governor, hopefully as expeditiously as
5 possible.
6 Thank you, Mr. President. I vote
7 aye.
8 ACTING PRESIDENT FARLEY:
9 Results.
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 Senator Present.
14 SENATOR PRESENT: Calendar 54,
15 please.
16 ACTING PRESIDENT FARLEY:
17 Calendar 54, on page 4, Senator Volker.
18 THE SECRETARY: Calendar Number
19 54, by Senator Volker, Senate Bill Number
20 4944-A, Civil Rights Law.
21 SENATOR VOLKER: Mr. President,
22 this is a bill that has passed this house in the
23 past, and by the way -- pardon?
436
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 50.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 SENATOR PRESENT: Calendar 55,
12 please.
13 ACTING PRESIDENT FARLEY:
14 Calendar Number 55, on page 5.
15 THE SECRETARY: Calendar Number
16 55, by Senator Skelos, Senate Bill Number 1156,
17 Executive Law and the Penal Law.
18 SENATOR GOLD: Explanation.
19 ACTING PRESIDENT FARLEY:
20 Explanation, Senator Skelos.
21 SENATOR SKELOS: This bill which
22 we discussed on other occasions, states that
23 subject to a court order, non-indigent criminals
437
1 sentenced to probation shall reimburse the
2 county or the city for the actual cost of their
3 supervision during the probationary period.
4 It's estimated that in counties like Nassau,
5 this could save them 3- to $4 million a year.
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: Hold it
11 up.
12 SENATOR GOLD: Mr. President, as
13 a courtesy to Senator Skelos, we won't have to
14 really redebate this, but I just want to refresh
15 some recollections, last year Senator Connor and
16 Espada and Galiber and myself, Leichter,
17 Markowitz, Montgomery, Ohrenstein, Onorato,
18 Smith, Stavisky and Waldon voted in the
19 negative. There he is.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
438
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 55 are Senators
6 Gold, Leichter, Markowitz, Ohrenstein, Smith and
7 Waldon. Ayes 44, nays 6.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 Senator Present.
11 SENATOR PRESENT: Calendar 65,
12 please.
13 ACTING PRESIDENT FARLEY:
14 Calendar 65, by Senator Kuhl.
15 SENATOR KUHL: Senator Waldon.
16 SENATOR WALDON: Thank you, Mr.
17 President. I respectfully request unanimous
18 consent to be recorded in the negative on
19 Calendar 54.
20 ACTING PRESIDENT FARLEY: 54,
21 Senator Waldon will be in the negative.
22 ACTING PRESIDENT FARLEY: Senator
23 Kuhl's bill, Secretary will read it. I'm
439
1 sorry. Senator Stavisky.
2 SENATOR STAVISKY: May I be
3 recorded in the negative on Calendar 55.
4 ACTING PRESIDENT FARLEY: 55 -
5 SENATOR CONNOR: Mr. President.
6 ACTING PRESIDENT FARLEY: Senator
7 Connor.
8 SENATOR CONNOR: May I have
9 unanimous consent to be recorded in the negative
10 on Calendar Number 55?
11 ACTING PRESIDENT FARLEY: Without
12 objection.
13 Senator Onorato.
14 SENATOR ONORATO: May I have
15 unanimous consent on Calendar Number 55?
16 ACTING PRESIDENT FARLEY: Without
17 objection, Senator Onorato's in the negative.
18 THE SECRETARY: Calendar Number
19 65, by Senator Kuhl, Senate Bill Number 535-A,
20 an act to amend the Agriculture and Markets Law.
21 SENATOR GOLD: Explanation.
22 ACTING PRESIDENT FARLEY:
23 Explanation, Senator Kuhl.
440
1 SENATOR KUHL: Yes, Mr.
2 President. This is a bill that mandates -- and
3 I underscore the word "mandates" -- a
4 comprehensive review of regulations and rules as
5 they might relate to the agricultural industry
6 and the harmful effect they might have on that
7 industry and also provides a detailed procedure
8 by which those bills or those regulations would
9 be reviewed and dealt with.
10 SENATOR GOLD: Is that it?
11 Will Senator Larkin yield to a
12 question? In other words, that was an
13 unauthorized -
14 Mr. President.
15 ACTING PRESIDENT FARLEY: Senator
16 Gold.
17 SENATOR GOLD: Last year we had
18 17 people voting in the negative, and I just
19 want to point out without making the same speech
20 I've made so many other times, that we have the
21 capacity for legislative oversight. If -
22 If -- Senator Kuhl, if you think
23 that there are regulations of agencies that are
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1 adversely affecting agriculture, and you want to
2 make a study of it, then you should talk to the
3 lady in red. When you see the red flag, you'll
4 see Administrative Regulations Review will go
5 right into it, but these mandates on departments
6 and having them do studies -- my colleague from
7 Nassau County is not here, so I won't mention
8 Senator Levy by name, but we're always telling
9 departments to make studies, and then we're
10 complaining about the cost to government, and
11 maybe one of the ways you cut the cost of
12 government is not passing bills telling them to
13 study things that maybe the Legislature ought to
14 be doing.
15 At any rate, Senators Connor and
16 myself and Senator Espada, Galiber, Gold,
17 Gonzalez, Halperin, Leichter, Markowitz, Mendez,
18 Montgomery, Ohrenstein, Onorato, Oppenheimer,
19 Paterson, Smith, Solomon and Senator Stavisky.
20 Last section.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 65 are Senators
7 Connor, Gold, Leichter, Markowitz, Ohrenstein,
8 Onorato and Smith. Ayes 43, nays 7.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 Senator Present.
12 SENATOR PRESENT: Mr. President,
13 on behalf of Senator Nozzolio, I would like to
14 announce an immediate meeting of the Elections
15 Committee in Room 332. We'll stand at ease
16 awaiting that committee's report. Upon receipt
17 of the report, we'll adjourn until Monday at
18 3:00 p.m.
19 ACTING PRESIDENT FARLEY: Senator
20 Present, we have another committee before it, if
21 we may read that.
22 SENATOR PRESENT: Let's read
23 that.
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1 ACTING PRESIDENT FARLEY: There
2 will be an immediate meeting of the Elections
3 Committee in Room 332. Is it all right to read
4 this standing committee's report?
5 SENATOR PRESENT: Yes.
6 THE SECRETARY: Senator Larkin,
7 from the Committee on Local Government, reports
8 the following bills directly for third reading.
9 Senate Bill Number 219, by
10 Senator Farley, an act to amend the County Law,
11 in relation to county office hours of work.
12 281, by Senator Hannon,
13 authorizing the county of Nassau to accept an
14 application for real property tax exemption.
15 362, by Senator Farley and
16 others, Real Property Tax Law.
17 371, by Senators Bruno -- Senator
18 Bruno and others, Real Property Tax Law.
19 379, by Senator Volker, General
20 Municipal Law and the State Finance Law.
21 438, by Senator Stafford and
22 others, Real Property Tax Law.
23 1153, by Senator Larkin, Real
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1 Property Tax Law.
2 1428, by Senators LaValle and
3 others, General Municipal Law.
4 2449, by Senator Kuhl, an act to
5 amend the County Law.
6 2523-B, by Senator Stafford, an
7 act to amend the County Law, in relation to
8 authorizing the county of Franklin to appoint up
9 to three public defenders.
10 2537, by Senator Present, Real
11 Property Tax Law.
12 2702, by Senator Cook, Real
13 Property Tax Law.
14 3180, by Senator Cook, Real
15 Property Tax Law.
16 3412, by Senator Kuhl, an act to
17 amend the Real Property Tax Law.
18 3867-A, by Senator Cook, County
19 Law, in relation to appointment of deputies.
20 4066, by Senator Larkin, Real
21 Property Tax Law.
22 6318, by Senator Stafford, an act
23 to amend the Town Law, authorizing the town of
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1 Indian Lake, county of Hamilton, to appropriate
2 certain monies.
3 And 6327, by Senator Tully and
4 others, General Municipal Law, in relation to
5 Life Care Community.
6 All bills reported directly for
7 third reading.
8 ACTING PRESIDENT FARLEY: All
9 bills are reported directly for third reading.
10 Senator Present.
11 SENATOR PRESENT: Senator
12 Galiber.
13 ACTING PRESIDENT FARLEY: Let's
14 please have a little order in the house.
15 Senator Galiber.
16 SENATOR GALIBER: Mr. President,
17 I would ask unanimous consent to be recorded in
18 the negative on a number of bills.
19 ACTING PRESIDENT FARLEY: On what
20 number?
21 SENATOR GALIBER: On a number of
22 bills.
23 ACTING PRESIDENT FARLEY: All
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1 right. Could you give us the numbers?
2 SENATOR GALIBER: Yes. 54, 55,
3 65 and 67, Calendar Numbers.
4 ACTING PRESIDENT FARLEY: Without
5 objection.
6 SENATOR GALIBER: Thank you, Mr.
7 President.
8 ACTING PRESIDENT FARLEY: Any
9 other -
10 Senator Present, the Legislature
11 will stand in recess and -
12 SENATOR PRESENT: Stand at ease.
13 ACTING PRESIDENT FARLEY: Hold
14 on. Senator -- I'm sorry, Senator Santiago.
15 SENATOR SANTIAGO: Thank you.
16 I'd ask unanimous consent to be recorded in the
17 negative on Calendar 55, please.
18 ACTING PRESIDENT FARLEY: 55,
19 without objection.
20 Senator Present.
21 SENATOR PRESENT: Mr. President,
22 stand at ease awaiting the report of the
23 Elections Committee.
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1 ACTING PRESIDENT FARLEY: And
2 then we'll adjourn with that report, intervening
3 legislative days.
4 SENATOR PRESENT: Until Monday,
5 3:00 o'clock, intervening days to be legislative
6 days.
7 ACTING PRESIDENT FARLEY: The
8 Senate will stand at recess.
9 (Whereupon, the Senate stood at
10 ease from 4:23 p.m. to 5:09 p.m.)
11 ACTING PRESIDENT KUHL: The
12 Senate will come to order.
13 Senator Montgomery.
14 SENATOR MONTGOMERY: Yes, Mr.
15 President. I would like unanimous consent to be
16 recorded in the negative on Calendars 55 and 65.
17 ACTING PRESIDENT KUHL: Without
18 objection, so ordered.
19 SENATOR MONTGOMERY: Thank you.
20 SENATOR PRESENT: Can we return
21 to reports of standing committees?
22 ACTING PRESIDENT KUHL: We will.
23 Clerk will read.
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1 THE SECRETARY: Senator Nozzolio,
2 from the Committee on Elections, reports the
3 following bills directly for third reading:
4 Senate Bill Number 6315-A, by
5 Senator Nozzolio and others, Election Law, in
6 relation to false registration.
7 6316-A, by Senator Nozzolio and
8 others, an act to amend the Election Law, in
9 relation to giving consideration for franchise.
10 6332-A, by Senator Nozzolio and
11 others, Election Law, in relation to influencing
12 the vote on the day of an election.
13 6336-A, by Senator Nozzolio and
14 others, Election Law, in relation to corrupt use
15 of position or authority.
16 And 6527-A, by Senator Nozzolio
17 and others, State Board of Elections to conduct
18 a special study to combat voter fraud.
19 All bills reported directly for
20 third reading.
21 ACTING PRESIDENT KUHL: So
22 ordered.
23 Senator Present.
449
1 SENATOR PRESENT: Stand at ease
2 for a minute.
3 ACTING PRESIDENT KUHL: The
4 Senate will stand at ease momentarily.
5 Senator Paterson.
6 SENATOR PATERSON: Mr. President,
7 with unanimous consent, I would like to be
8 recorded in the negative on Calendar Numbers 54
9 and 55. Why is it that I can't talk when
10 there's no one in here?
11 THE SECRETARY: 54 and 55?
12 SENATOR PATERSON: Right.
13 ACTING PRESIDENT KUHL: Without
14 objection.
15 SENATOR PRESENT: No objection.
16 ACTING PRESIDENT KUHL: So
17 ordered.
18 SENATOR PRESENT: Mr. President,
19 there being no further business, I move that we
20 adjourn until Monday, February 7th, at 3:00
21 p.m., intervening days to be legislative days.
22 ACTING PRESIDENT KUHL: The
23 Senate stands recessed until Monday, 3:00 p.m.
450
1 SENATOR PRESENT: Stand
2 adjourned.
3 ACTING PRESIDENT KUHL: Stand
4 adjourned, excuse me.
5 (Whereupon, at 5:17 p.m., the
6 Senate adjourned.)
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