Regular Session - June 16, 1994
5154
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9 ALBANY, NEW YORK
10 June 16, 1994
11 10:00 a.m.
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14 REGULAR SESSION
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18 SENATOR JOHN R. KUHL, JR., Acting President
19 STEPHEN F. SLOAN, Secretary
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5155
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 take their seats. Join with me in saying the
5 Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag. )
8 In the absence of clergy, I would
9 ask you all to bow your heads in a moment of
10 silence.
11 (A moment of silence was
12 observed. )
13 Reading of the Journal.
14 THE SECRETARY: In Senate,
15 Wednesday, June 15th. The Senate met pursuant
16 to adjournment, Senator Spano in the Chair upon
17 designation of the Temporary President. The
18 Journal of Tuesday, June 14th, was read and
19 approved. On motion, the Senate adjourned.
20 ACTING PRESIDENT KUHL: Hearing
21 no objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
5156
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator DiCarlo.
9 SENATOR DiCARLO: Mr. President,
10 on page -- for Senator Levy, on page 41, I offer
11 the following amendments to Calendar 1006,
12 Senate Print 4803, and ask that said bill retain
13 its place on the Third Reading Calendar.
14 ACTING PRESIDENT KUHL: The
15 amendments are received and adopted.
16 SENATOR DiCARLO: On page 35, I
17 offer the following amendments for Senator
18 Johnson, Calendar Number 311, Senate Print
19 Number 3934, and ask that said bill retain its
20 place on the Third Reading Calendar. Please
21 remove the star.
22 ACTING PRESIDENT KUHL: The
23 amendments are received and adopted. The star
5157
1 is removed. The bill will retain its place on
2 the Third Reading Calendar.
3 SENATOR DiCARLO: Mr. President,
4 on page 38, I offer the following amendments to
5 Calendar 607, Senate Print 71-A, and ask that
6 said bill retain its place on the Third Reading
7 Calendar for Senator Levy.
8 ACTING PRESIDENT KUHL: The
9 amendments are received and adopted. The bill
10 will retain its place on the Third Reading
11 Calendar.
12 SENATOR DiCARLO: Mr. President,
13 for Senator Farley, on page 8, I offer the
14 following amendments to Calendar 435, Senate
15 Print Number 214-C, and ask that said bill
16 retain its place on the Third Reading Calendar.
17 ACTING PRESIDENT KUHL: The
18 amendments are received and adopted and the bill
19 will retain its place on the Third Reading
20 Calendar.
21 SENATOR DiCARLO: Mr. President,
22 on page 35, Calendar 311, please remove the
23 star.
5158
1 ACTING PRESIDENT KUHL: The star
2 will be removed on Calendar Number -- what is
3 it, Calendar 311.
4 Senator DiCarlo.
5 SENATOR DiCARLO: On behalf of
6 Senator Hannon, please place a sponsor's star on
7 Calendar 206.
8 ACTING PRESIDENT KUHL: A
9 sponsor's star will be placed on Calendar 206.
10 SENATOR DiCARLO: On behalf of
11 Senator Farley, please place a sponsor's star on
12 Calendar 479.
13 ACTING PRESIDENT KUHL: A
14 sponsor's star is placed on Calendar Number 479.
15 SENATOR DiCARLO: On behalf of
16 Senator Bruno, please place a sponsor's star on
17 Calendar 1203.
18 ACTING PRESIDENT KUHL: A
19 sponsor's star will be placed on Calendar Number
20 1203.
21 Senator Padavan, we have a
22 substitution we'd like to read at this time.
23 The Secretary will read.
5159
1 THE SECRETARY: On page 31 of
2 today's calendar, Senator Babbush moves to
3 discharge the Committee on Cities from Assembly
4 Bill Number 5396-A and substitute it for the
5 identical Third Reading 1192.
6 ACTING PRESIDENT KUHL: The
7 substitution is ordered.
8 SENATOR PADAVAN: Mr. President,
9 I'd ask the Senate to stand at ease for a few
10 moments.
11 ACTING PRESIDENT KUHL: The
12 Senate will stand at ease for a few moments.
13 SENATOR PADAVAN: I would like to
14 ask those Senators within the sound of our
15 voices to please join us here in the Senate so
16 we might proceed with the day's business.
17 ACTING PRESIDENT KUHL: The
18 acting floor leader has requested those Senators
19 who are not in the chamber, who have not been in
20 the chamber, to come to the chamber to join in
21 the minority who happens to be here so that we
22 can enact the business of the day.
23 (Whereupon, the Senate stood at
5160
1 ease. )
2 SENATOR DeFRANCISCO: Mr.
3 President, on page 26, I offer the following
4 amendments to Calendar Number 998, Senate Print
5 8349. I request that the bill retain its place
6 on the Third Reading Calendar.
7 ACTING PRESIDENT KUHL: The
8 amendments are received and adopted. The bill
9 will retain its place on the Third Reading
10 Calendar.
11 SENATOR DeFRANCISCO: In
12 addition, on page number 15, I offer the
13 following amendments to Calendar Number 704,
14 Senate Print Number 4368, and also ask that it
15 retain its place on the Third Reading Calendar.
16 ACTING PRESIDENT KUHL: The
17 amendments are received and adopted and the bill
18 will retain its place on the Third Reading
19 Calendar.
20 Senator Padavan, we're ready to
21 do the calendar.
22 SENATOR PADAVAN:
23 Non-controversial, Mr. President.
5161
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the non-controversial
3 calendar.
4 THE SECRETARY: On page 5,
5 Calendar Number 215, by Senator Trunzo, Senate
6 Bill Number 3473-A, an act to amend the Public
7 Authorities Law.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 31.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 478, by Senator -
20 SENATOR PADAVAN: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside for the day.
23 THE SECRETARY: Calendar Number
5162
1 613, by Senator Cook, Senate Bill Number 3202-B,
2 an act to amend the General City Law, the
3 General Municipal Law and the Real Property Law.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 31.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 615, by Senator Cook, Senate Bill Number 7215-A,
16 an act to amend the General City Law, the Town
17 Law and the Village Law.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5163
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 31.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 707, by Senator Holland, Senate Bill Number
7 6946, an act to amend the Social Services Law.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 31.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 728, by Senator Hannon, Senate Bill Number 7044,
20 an act to amend the Multiple Dwelling Law.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 Senator Leichter, this is
5164
1 Calendar Number 728.
2 SENATOR LEICHTER: Thank you.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 34.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1119, by Senator Stafford, Senate Bill Number
15 6497-A, an act to amend the Environmental
16 Conservation Law.
17 SENATOR GOLD: Lay it aside.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 1164, by Senator Kuhl, Senate Bill Number 2068,
22 authorize the county of Yates to convey certain
23 lands.
5165
1 SENATOR PADAVAN: Lay it aside
2 for the day.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside for the day.
5 THE SECRETARY: Calendar Number
6 1178, by Senator Pataki, Senate Bill Number
7 7128, an act to amend the Town Law.
8 ACTING PRESIDENT KUHL: There's a
9 home rule message at the desk.
10 SENATOR GOLD: Lay it aside for
11 Senator Leichter.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1180, by Senator Seward, Senate Bill Number
16 7737-A, an act to amend the Real Property Tax
17 Law.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5166
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 38.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 SENATOR GOODMAN: Mr. President,
6 would you please record me in the negative on
7 Calendar 728 which passed a moment ago, 728.
8 ACTING PRESIDENT KUHL: Without
9 objection, Senator Goodman will be recorded in
10 the negative so Calendar Number 728.
11 The Secretary will continue the
12 non-controversial calendar.
13 THE SECRETARY: Calendar Number
14 1191, by Senator Cook, Senate Bill Number 2549,
15 an act to amend the Education Law.
16 SENATOR GOLD: Lay it aside for
17 the day.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 1192, substituted earlier today, by member of
22 the Assembly Griffith, Assembly Bill Number
23 5396-A, authorize the city of New York to
5167
1 reconvey its interest in certain real property.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section. There's a
4 home rule message at the desk. The Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 39.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1193, by Senator DeFrancisco, Senate Bill Number
16 4485-A.
17 SENATOR GOLD: Lay it aside,
18 please.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside.
21 THE SECRETARY: Calendar Number
22 1194, by Senator Espada, Senate Bill Number
23 4646-A, authorizing the city of New York to
5168
1 reconvey its interest in certain real property.
2 ACTING PRESIDENT KUHL: There's a
3 home rule message at the desk. The Secretary
4 will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 39.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1195, by Senator Larkin, Senate Bill Number
15 7497, an act to amend the Labor Law.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 40.
5169
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1196, by Senator Kuhl, Senate Bill Number 7699,
5 an act to amend the General Municipal Law.
6 ACTING PRESIDENT KUHL: There's a
7 home rule message at the desk. The Secretary
8 will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 40.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1197, by Senator Cook, Senate Bill Number 7849.
19 SENATOR COOK: Lay it aside
20 temporarily.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
5170
1 1198, by Senator Farley, Senate Bill Number
2 7870, Education Law, in relation to state aid
3 for public libraries.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 40.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1199, by -
16 SENATOR GOLD: Lay it aside.
17 THE SECRETARY: Lay the bill
18 aside.
19 THE SECRETARY: Calendar Number
20 1200, by Senator DeFrancisco, Senate Bill Number
21 7887, authorizing the town of Camillus to
22 discontinue use as park lands.
23 ACTING PRESIDENT KUHL: There's a
5171
1 home rule message at the desk. The Secretary
2 will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 40.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1201, by Senator Trunzo, Senate Bill Number
13 7921, authorizing the county of Suffolk to lease
14 certain park lands to the town of Brookhaven.
15 ACTING PRESIDENT KUHL: There's a
16 home rule message at the desk. The Secretary
17 will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 40.
5172
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar
4 Number -
5 Senator Waldon.
6 SENATOR WALDON: Mr. President,
7 can I ask for an interruption, please? I was out
8 of the chamber when 1195 was voted upon. May I
9 please have unanimous consent to be recorded in
10 the negative?
11 ACTING PRESIDENT KUHL: Without
12 objection, Senator Waldon will be recorded in
13 the negative on Calendar Number 1195.
14 SENATOR WALDON: Thank you, Mr.
15 President.
16 ACTING PRESIDENT KUHL: The
17 Secretary will continue the non-controversial
18 calendar.
19 THE SECRETARY: Calendar Number
20 1202, by Senator Volker, Senate Bill Number
21 7951, Local Finance Law, in relation to the sale
22 of bonds and notes of the city of Buffalo.
23 ACTING PRESIDENT KUHL: There's a
5173
1 home rule message at the desk. The Secretary
2 will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 40.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1204, by Senator Daly, Senate Bill Number 8061.
13 SENATOR DOLLINGER: Lay it aside,
14 please.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1205, by Senator Skelos.
19 SENATOR GOLD: Wait one second.
20 Mr. President -
21 ACTING PRESIDENT KUHL: Senator
22 Gold.
23 SENATOR GOLD: -- on 1204,
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1 Senator Daly, could I have a day on that,
2 please; 1204, could I have a day on that?
3 SENATOR DALY: Certainly. Lay it
4 aside for the day.
5 ACTING PRESIDENT KUHL: Lay
6 Calendar Number 1204 aside for the day.
7 THE SECRETARY: Calendar Number
8 1205, by Senator Skelos, Senate Bill Number
9 8108, to amend the Estates, Powers and Trusts
10 Law.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 41.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1207, by Senator Johnson, Senate Bill Number
23 8361, Suffolk County charter, in relation to
5175
1 jurisdiction of village courts.
2 SENATOR GOLD: 1206.
3 THE SECRETARY: Excuse me.
4 Calendar 1206.
5 SENATOR GOLD: Thank you.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 SENATOR GOLD: Lay it aside for
13 the day.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 1207, by Senator Sears, Senate Bill Number 8448,
18 General Business Law, prohibiting the
19 manufacture or sale of crayons containing lead.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5176
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 42.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1208, by Senator DeFrancisco, Senate Bill Number
9 8472-A, Real Property Tax Law.
10 SENATOR GOLD: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1209, by Senator Nozzolio, Senate Bill Number
15 8574, Agriculture and Markets Law.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 42.
5177
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 Senator Padavan, that completes
4 the non-controversial calendar. What's your
5 pleasure?
6 SENATOR PADAVAN: Controversial,
7 Mr. President.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the controversial calendar.
10 THE SECRETARY: On page 29,
11 Calendar Number 1119, by Senator Stafford,
12 Senate Bill Number 6497-A, Environmental
13 Conservation Law.
14 SENATOR GOLD: Hold on one
15 second.
16 Last section.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
5178
1 THE SECRETARY: Ayes 42.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: On page 30,
5 Calendar Number 1178, by Senator Pataki, Senate
6 Bill Number 7128, an act to amend the Town -
7 SENATOR PADAVAN: Lay it aside
8 for the day.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside for the day.
11 THE SECRETARY: Calendar Number
12 1191, by Senator Cook.
13 SENATOR COOK: Lay that aside for
14 the day, would you please?
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside for the day.
17 THE SECRETARY: Calendar Number
18 1193, by Senator DeFrancisco, Senate Bill Number
19 4485-A, authorizing the city of Syracuse to
20 replace residential water service.
21 SENATOR GOLD: Hold on one
22 second.
23 Last section.
5179
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 43.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1197, by Senator Cook -
13 SENATOR PADAVAN: Lay that aside
14 temporarily, please.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside temporarily.
17 THE SECRETARY: Calendar Number
18 1199, by Senator Tully, Senate Bill Number 7882,
19 an act to amend the Executive Law.
20 SENATOR COOK: Mr. President.
21 SENATOR PADAVAN: Lay it aside
22 for the day -- temporarily and possibly for the
23 day. We'll decide a little later.
5180
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside temporarily.
3 SENATOR PADAVAN: Calendar 1197,
4 Mr. President.
5 ACTING PRESIDENT KUHL: The
6 calendar -- the Secretary will read Calendar
7 Number 1197.
8 THE SECRETARY: Calendar Number
9 1197, by Senator Cook, Senate Bill Number 7849,
10 transfer retirement plans for certain police
11 department employees in the town of Ulster.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section. There's a
14 home rule message at the desk. The Secretary
15 will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 43.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
5181
1 THE SECRETARY: Calendar Number
2 1206, by Senator Johnson, Senate Bill Number
3 8361, to amend the Suffolk County charter, in
4 relation to jurisdiction of village courts.
5 SENATOR GOLD: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Johnson, an explanation has been asked for by
8 Senator Gold.
9 SENATOR JOHNSON: Mr. President,
10 this bill just seeks to clarify the rights which
11 have always been exercised by the village courts
12 in western Suffolk, namely that of trying
13 misdemeanors and without this, if these cases
14 have to be referred to the district court, would
15 cost our villages -- just one village alone
16 $300,000 plus $100,000 loss in fees.
17 All we're saying here is that
18 potential challenge for this authority we've
19 always had by -- the Legal Aid Society wrote a
20 letter and said we don't have the authority to
21 do this. Well, they've always had it, so this
22 bill clarifies that they've had the authority to
23 do this in the past and they will be able to
5182
1 continue to do that in the future. Yes.
2 ACTING PRESIDENT KUHL: The Chair
3 recognizes Senator Galiber.
4 SENATOR GALIBER: Yes. Just a
5 couple questions. Those persons in that
6 jurisdiction, they are judges, aren't they?
7 SENATOR JOHNSON: They're village
8 justices. They're all lawyers, though. Too
9 bad. Yeah, we lost the JPs. They have more
10 common sense.
11 SENATOR GALIBER: What about
12 other jurisdictions, are they village justices
13 also, the other jurisdictions?
14 SENATOR JOHNSON: The -- district
15 court is district court.
16 SENATOR GALIBER: Let me ask you
17 one other question. Why was Legal Aid
18 challenging based on your particular question or
19 whether -- the question before.
20 SENATOR JOHNSON: It was their
21 interpretation.
22 SENATOR GALIBER: Mr. President.
23 ACTING PRESIDENT KUHL: Senator
5183
1 Galiber.
2 SENATOR GALIBER: The Senator
3 yield for a question?
4 ACTING PRESIDENT KUHL: Senator
5 Johnson, do you yield to Senator Galiber?
6 SENATOR JOHNSON: Yes, I do.
7 ACTING PRESIDENT KUHL: Senator
8 Johnson yields, Senator Galiber.
9 SENATOR JOHNSON: The answer to
10 your question -
11 SENATOR GALIBER: I haven't asked
12 it.
13 SENATOR JOHNSON: You said why
14 would I challenge.
15 ACTING PRESIDENT KUHL: Senator
16 Johnson, please let Senator Galiber ask the
17 question first.
18 SENATOR GALIBER: We'll start out
19 with this. Why were they challenged? Obviously,
20 they were challenged. Were they challenging
21 them based on a jurisdictional issue or were
22 they challenging them on the question of the
23 town justices perhaps not qualified to try mis
5184
1 demeanor cases?
2 SENATOR JOHNSON: Number one,
3 they read the Suffolk charter and thought the
4 Suffolk charter took this power away from the
5 village courts. Number two, they had no problem
6 with the quality of the justices.
7 SENATOR GALIBER: They had what?
8 SENATOR JOHNSON: No problem with
9 the quality of the justices sitting in the case.
10 SENATOR GALIBER: In this
11 interim, how are these justices appointed?
12 SENATOR JOHNSON: They're elected
13 in the villages.
14 SENATOR GALIBER: They're
15 elected?
16 SENATOR JOHNSON: Yes.
17 SENATOR GALIBER: Thank you,
18 Senator.
19 ACTING PRESIDENT KUHL: Any other
20 Senator wishing to speak on this bill?
21 (There was no response. )
22 If not, the Secretary will read
23 the last section.
5185
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 44.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1208, by Senator DeFrancisco, Senate Bill Number
11 8472-A, an act to amend the Real Property Tax
12 Law.
13 SENATOR DOLLINGER: Could we just
14 have an explanation, Mr. President?
15 ACTING PRESIDENT KUHL: Senator
16 DeFrancisco, an explanation has been asked for.
17 SENATOR DeFRANCISCO: Last year
18 this body unanimously passed a bill which would
19 provide to veterans an exemption that would be
20 equivalent to the exemption they had prior to a
21 jurisdiction going to full value reassessment.
22 For example, if the property was valued at
23 $20,000 and the veteran had a $5,000 exemption,
5186
1 they would have a 25 percent exemption.
2 Jurisdictions going to full value may result in
3 that home being $100,000 which dilutes the
4 veteran exemption to a 5 percent exemption.
5 The Assembly passed the same bill
6 that we drafted in this house last year and,
7 unfortunately, the Governor vetoed it, claiming
8 that there were some technical defects. We have
9 been meeting with the Governor's office and,
10 fortunately, the Governor and both the Assembly
11 and this house have agreed as to the language
12 and that is this bill which accomplishes that
13 purpose.
14 ACTING PRESIDENT KUHL: Senator
15 Dollinger.
16 SENATOR DOLLINGER: Mr.
17 President, if the sponsor would just yield for a
18 question.
19 ACTING PRESIDENT KUHL: Senator
20 DeFrancisco, do you yield?
21 SENATOR DeFRANCISCO: Yes.
22 ACTING PRESIDENT KUHL: Senator
23 DeFrancisco yields.
5187
1 SENATOR DOLLINGER: First of all,
2 I want to commend Senator DeFrancisco as well as
3 Senator DiCarlo for the work on this bill
4 because this is a critical issue in the
5 community which I happen to represent which is
6 going through the process of revaluation, and I
7 appreciate the diligence in seeing this through
8 to a conclusion, but the way the bill works, it
9 allows the communities to proportionally
10 increase the eligible funds exemption?
11 SENATOR DeFRANCISCO: Correct.
12 SENATOR DOLLINGER: Does it also
13 allow the veterans who have converted to the
14 alternate form of valuation to convert back to
15 an eligible funds exemption and then get the
16 benefit of that increase in service?
17 SENATOR DeFRANCISCO: That's
18 correct.
19 SENATOR DOLLINGER: Mr.
20 President, I think this is a good bill. I
21 appreciate, as I said a moment ago, the work of
22 Senator DeFrancisco and Senator DiCarlo in
23 seeing this through to a conclusion.
5188
1 I point out that in the town of
2 Brighton which I represent, we had a meeting on
3 this back in January. We had about 900 veterans
4 come out to a meeting that dealt with this issue
5 in which the question of preservation of the
6 eligible funds exemption and the importance to
7 that, especially in a community like ours which
8 hasn't been reassessed in 50 years, where the
9 actual assessed valuation in many cases was less
10 than 10,000, the $5,000 eligible funds exemption
11 was extremely valuable to the veterans. It was
12 an extreme consternation, and I appreciate
13 seeing this through. It's my hope that the
14 Governor will sign this bill into law and that
15 this problem will be resolved.
16 Just one final question as I
17 think. What is the effective date of the
18 statute, Senator; again, if the Senator would
19 yield?
20 ACTING PRESIDENT KUHL: Senator
21 DeFrancisco, do you yield to a question?
22 SENATOR DeFRANCISCO: Take effect
23 on the 120th day after it shall have become a
5189
1 law.
2 SENATOR DOLLINGER: Okay. And
3 again, my understanding is it won't affect the
4 school taxes. This is only for municipal
5 taxes?
6 SENATOR DeFRANCISCO: That's
7 correct.
8 SENATOR DOLLINGER: So it would
9 only -- it would affect the tax of -- the town
10 and county taxes that are levied in January, not
11 in September?
12 SENATOR DeFRANCISCO: Exactly.
13 SENATOR DOLLINGER: Thank you
14 very much, Mr. President.
15 ACTING PRESIDENT KUHL: Any other
16 Senator wishing to speak on this bill?
17 (There was no response. )
18 Hearing none, the Secretary will
19 read -- Senator DeFrancisco.
20 SENATOR DeFRANCISCO: I would
21 just like to emphasize something that Senator
22 Dollinger said. We've had similar meetings in
23 the town of Camillus and I know Geddes is going
5190
1 to full value reassessment. The city is talking
2 about revaluing their properties, and this is an
3 extremely important exemption, and what's
4 important also is that it allows the local
5 communities to provide this relief. It's still
6 a local option, and the community will have to
7 adopt it which I'm sure each local community
8 will.
9 Thank you.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 46.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 SENATOR PADAVAN: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Padavan.
23 SENATOR PADAVAN: There's a
5191
1 resolution at the desk sponsored by Senator
2 Tully. Will you move that resolution, please?
3 ACTING PRESIDENT KUHL: Ask the
4 Secretary to read the resolution at the desk.
5 THE SECRETARY: Legislative
6 Resolution, by Senator Tully, commending William
7 Mill for his 50 years of dedicated and dis
8 tinguished service to the community of New Hyde
9 Park, New York.
10 ACTING PRESIDENT KUHL: The
11 question is on the resolution. All those in
12 favor signify by saying aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response. )
16 The resolution is adopted.
17 Senator Padavan.
18 SENATOR PADAVAN: I believe
19 there's some amendments.
20 ACTING PRESIDENT KUHL: We'll
21 return to motions and resolutions.
22 Senator Wright.
23 SENATOR WRIGHT: Mr. President, I
5192
1 move to recommit Senate Print Number 6876,
2 Calendar Number 930, on the order of third
3 reading to the Committee on Finance with
4 instructions to said committee to strike out the
5 enacting clause, on behalf of Senator Goodman.
6 ACTING PRESIDENT KUHL: The
7 Senate bill will be recommitted and the enacting
8 clause will be stricken.
9 SENATOR PADAVAN: Return to
10 Calendar Number 1199, please.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read Calendar Number 1199.
13 THE SECRETARY: Calendar Number
14 1199, by Senator Tully, Senate Bill Number 7882,
15 an act to amend the Executive Law, in relation
16 to creation of a Long Island Sound Coastal
17 Advisory Commission.
18 SENATOR GOLD: Can you hold up a
19 second?
20 Last section.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 3. This
5193
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 48.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 Senator Padavan, that completes
9 the controversial calendar.
10 SENATOR PADAVAN: Mr. President,
11 I'll offer a moment to see if there are any
12 other amendments which I believe there are.
13 ACTING PRESIDENT KUHL: Return to
14 motions and resolutions.
15 Senator DiCarlo.
16 SENATOR DiCARLO: Mr. President,
17 on page 25, I offer the following amendments to
18 Calendar 993, Senate Print Number 5407-C, and
19 ask that said bill retain its place on the Third
20 Reading Calendar.
21 ACTING PRESIDENT KUHL: The
22 amendments are received and adopted. The bill
23 will retain its place on the Third Reading
5194
1 Calendar.
2 SENATOR DiCARLO: On behalf of
3 Senator Daly, on page 25, I offer the following
4 amendments to Calendar 994, Senate Print 5533-A,
5 and ask that said bill retain its place on the
6 Third Reading Calendar.
7 ACTING PRESIDENT KUHL: The
8 amendments are received and adopted and the bill
9 will retain its place on the Third Reading
10 Calendar.
11 Senator Padavan.
12 SENATOR PADAVAN: Before making a
13 motion to adjourn, Mr. President, I would remind
14 the members that our schedule indicates five
15 full days of legislation next week and,
16 therefore, we would urge everyone to act
17 accordingly.
18 SENATOR GOLD: That's -
19 SENATOR PADAVAN: Five full days,
20 Monday through Friday.
21 SENATOR GOLD: I would like -
22 ACTING PRESIDENT KUHL: Senator
23 Gold.
5195
1 SENATOR GOLD: I want to amend
2 what's just been said. I think the schedule
3 says the last five days, the last five days.
4 SENATOR PADAVAN: Your mouth to
5 God's ears, Senator Gold.
6 SENATOR GOLD: "Emanuel" -
7 SENATOR PADAVAN: Mr. President.
8 SENATOR GOLD: -- means God's
9 with us, but it doesn't always work, Senator.
10 SENATOR PADAVAN: Mr. President,
11 there being no further business, I move that we
12 adjourn until Monday, June 20th, at 3:00 p.m.,
13 intervening days to be legislative days.
14 ACTING PRESIDENT KUHL: Without
15 objection, the motion is adopted. The Senate
16 stands adjourned until Monday at 3:00 p.m..
17 (Whereupon at 12:16 p.m., the
18 Senate adjourned. )
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