Regular Session - January 25, 1995
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10 ALBANY, NEW YORK
11 January 25, 1995
12 11:03 a.m.
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15 REGULAR SESSION
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20 LT. GOVERNOR BETSY McCAUGHEY, President
21 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. I ask everyone present to please
4 rise and repeat with me the Pledge of
5 Allegiance.
6 (Whereupon, the Senate joined in
7 the Pledge of Allegiance to the Flag.)
8 May we bow our heads in a moment
9 of silence.
10 (Whereupon, there was a moment of
11 silence.)
12 The reading of the Journal,
13 please.
14 THE SECRETARY: In Senate,
15 Tuesday, January 24. The Senate met pursuant to
16 adjournment. The Journal of Monday, January 23,
17 was read and approved. On motion, Senate
18 adjourned.
19 THE PRESIDENT: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Bruno, are you ready for
7 the calendar?
8 SENATOR BRUNO: Yes, Madam
9 President. I would like to now take up the
10 noncontroversial calendar.
11 THE PRESIDENT: The Secretary
12 will read, please.
13 THE SECRETARY: Calendar Number
14 2, by Senator Kuhl, Senate Bill Number 514, an
15 act to amend the Agriculture and Markets Law.
16 THE PRESIDENT: Lay it aside.
17 THE SECRETARY: Calendar Number
18 13, by Senator Holland, Senate Bill Number 205,
19 an act to amend the Criminal Procedure Law.
20 SENATOR PATERSON: Lay it aside.
21 THE PRESIDENT: Lay it aside,
22 please.
23 SENATOR HOLLAND: Lay it aside
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1 for the day.
2 THE PRESIDENT: Lay it aside for
3 the day, please.
4 THE SECRETARY: Calendar Number
5 16, by Senator Levy, Senate Bill Number 388, an
6 act to amend the Criminal Procedure Law,
7 providing that commission of a traffic
8 infraction, driving while ability impaired.
9 THE PRESIDENT: Read the last
10 section, please.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first day of
13 November.
14 THE PRESIDENT: Call the roll,
15 please.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 34.
18 THE PRESIDENT: This bill has
19 passed.
20 THE SECRETARY: Calendar Number
21 22, by Senator Trunzo, Senate Bill Number 604,
22 an act to amend the Retirement and Social
23 Security Law and the Education Law.
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1 THE PRESIDENT: Lay it aside,
2 please.
3 THE SECRETARY: Calendar Number
4 28, by Senator Volker, Senate Bill Number 198,
5 an act to amend the Tax Law, in relation to the
6 imposition of sales and use taxes by the county
7 of Erie.
8 THE PRESIDENT: Read the last
9 section, please.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll,
13 please.
14 (The Secretary called the roll.)
15 THE PRESIDENT: Results.
16 THE SECRETARY: Ayes 33. Nays
17 2. Senator Dollinger and Jones recorded in the
18 negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 29, by Senator Saland, Senate Bill Number 253,
23 an act to amend the Tax Law, in relation to
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1 authorizing the county of Columbia to impose an
2 additional one percent sales and compensating
3 use taxes.
4 SENATOR PATERSON: Lay it aside.
5 THE PRESIDENT: Lay it aside,
6 please.
7 Senator Bruno, that completes the
8 noncontroversial reading of the calendar.
9 SENATOR BRUNO: Thank you, Madam
10 President. Now we can go to the controversial
11 calendar and take up Calendar Number 29, Senate
12 253.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 29, by Senator Saland, Senate Bill Number 253,
17 an act to amend the Tax Law, in relation to
18 authorizing the county of Columbia to impose an
19 additional one percent of sales and compensating
20 use taxes.
21 THE PRESIDENT: Senator Leibell.
22 SENATOR LEIBELL: Madam
23 President. This is an act to amend the Tax Law,
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1 authorizing the county of Columbia to raise an
2 additional one percent of sales and use taxes.
3 THE PRESIDENT: Senator Jones.
4 SENATOR JONES: I wonder if it's
5 possible to yield to a couple questions,
6 please?
7 THE PRESIDENT: Yes. Senator
8 Leibell, will you yield?
9 SENATOR LEIBELL: Yes, I will.
10 SENATOR JONES: I was new here
11 last year, and perhaps I don't understand the
12 issue of sales tax, so I want to ask a couple
13 questions so I can clarify it this year so I
14 won't be confused again.
15 Could you tell me, did the
16 Senator himself have any part in setting the
17 amount of the sales tax? Did he meet with his
18 county and have a role in setting how much the
19 sales tax would be?
20 SENATOR LEIBELL: No.
21 SENATOR JONES: Would the
22 sponsor yield to another question?
23 THE PRESIDENT: Yes.
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1 SENATOR JONES: Does the Senator
2 or any other Senator feel by voting for a home
3 rule message for a sales tax, you are actually
4 yourself imposing that tax?
5 THE PRESIDENT: Senator Leibell.
6 SENATOR LEIBELL: I think it's
7 pretty clear what happens when we pass bills
8 such as this. There has been a request by the
9 local community, similar to what happens
10 throughout the state of New York in all of our
11 communities, where they have requested this
12 legislation. It's something that's essential
13 for their community, and we bring it up and we
14 sponsor it, and that's the extent of the
15 endorsement.
16 THE PRESIDENT: Senator Jones.
17 SENATOR JONES: Would the Senator
18 yield to another question?
19 SENATOR LEIBELL: Yes.
20 SENATOR JONES: Okay.
21 THE PRESIDENT: Senator Leibell.
22 SENATOR JONES: I believe that
23 clarifies it for me, so let me just go over it
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1 again. You're saying that our role here in the
2 Senate is just to accept the home rule message
3 and -- and all -- the imposition of the tax, the
4 decision on how much the tax, that all belongs
5 to the local government, and our only role is to
6 accept the home rule message.
7 SENATOR LEIBELL: I'm not going
8 to say that. I don't know what your -- on any
9 -- on any individual bill that may come up. In
10 the case here of Senator Saland, he received a
11 request from the local community. It was felt
12 that this was necessary for their community, and
13 he has brought it before this body for their
14 consideration, and he has -- he has said that he
15 is sponsoring the legislation.
16 SENATOR JONES: I -- maybe I -
17 THE PRESIDENT: Senator Jones.
18 SENATOR JONES: Yes, I just
19 wanted to clarify my question. I was not
20 talking about all home rule. You -- you heard
21 me correctly. I'm only talking about this one
22 sales tax in particular that comes by way of a
23 home rule message. Is that true of a tax like
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1 this that comes by way of a home rule message?
2 SENATOR LEIBELL: Well, I
3 certainly would not -- obviously, Senator Saland
4 is not here today. He's ill, and I would not
5 attempt to represent what his position is on
6 every bill that comes before us. I can only
7 tell you what the background is on this bill.
8 It has been brought before this house pursuant
9 to constitutional requirements and the
10 requirements of this body, and it's here for
11 your consideration.
12 SENATOR JONES: Thank you. Okay.
13 THE PRESIDENT: Senator Jones.
14 SENATOR JONES: On the bill. You
15 did answer me, and I understand it perfectly
16 which was the way I thought I understood it last
17 year. But, apparently, that isn't the case, and
18 most of you sitting here know why I am asking
19 these questions, so I -- because of the
20 misunderstanding, apparently, at the local
21 level, I will have to vote no on all of these
22 this year.
23 THE PRESIDENT: Read the last
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1 section, please.
2 THE SECRETARY: Section 6. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll,
5 please.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 41. Nays
8 2. Senators Dollinger and Jones recorded in the
9 negative.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number 2
13 by -
14 THE PRESIDENT: Regular order,
15 please.
16 THE SECRETARY: Calendar Number
17 2, by Senator Kuhl, Senate Bill Number 514, an
18 act to amend the Agriculture and Markets Law.
19 SENATOR PATERSON: Explanation.
20 THE PRESIDENT: Explanation.
21 Senator Kuhl.
22 SENATOR KUHL: Madam President.
23 This bill is a bill that was before this house
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1 last year, and there was very limited debate.
2 There were several negatives from the other side
3 of the aisle, and I'll just repeat what I said
4 in explanation to the request last year, and
5 that was:
6 This bill is a bill that mandates
7 -- and I underscore the line mandates -- a
8 comprehensive review of the regulations and
9 rules as they might relate to the agricultural
10 industry and the harmful effect that they might
11 have on that industry, and it also provides a
12 detailed procedure by which those bills or
13 regulations would be reviewed and dealt with.
14 THE PRESIDENT: Senator Paterson.
15 SENATOR PATERSON: I think that
16 -- I don't want to ask Senator Kuhl to repeat
17 himself, and I would just say on the bill that
18 being we have the Administrative Regulations
19 Review Commission, we also have the Department
20 of Environmental Conservation, I just thought
21 that in terms of our new objective of
22 streamlining government, of not replicating
23 work, of shortening the amount of staff that
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1 might be used, I just thought that a great deal
2 of this work is already done.
3 And I don't know if Senator Kuhl
4 wants to comment on that, but that's -- I just
5 want to explain that that's why I would choose
6 not to vote for the bill. I don't understand
7 why this can't be accomplished in the
8 department -- in -- why it doesn't exist
9 already, and that's just what I wanted to say
10 about the bill.
11 THE PRESIDENT: Read the last
12 section, please.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 THE PRESIDENT: Senator Hoffmann.
16 Call the roll, please.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Senator Hoffmann.
19 SENATOR HOFFMANN: Thank you,
20 Madam President.
21 I'm familiar with a few
22 situations, as are some other members of this
23 house, in which various state agencies,
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1 particularly Environmental Conservation, have
2 shown a rather callous disregard for the
3 agricultural activities in our number 1 industry
4 in New York State, and I underscore number 1
5 industry because, all too often, in this chamber
6 and in the other chamber that is overlooked.
7 Unfortunately, there is a need to
8 call direct attention to the responsibilities to
9 be fair to agriculture, to not burden people
10 engaged in agriculture with unnecessary
11 requirements and unreasonable restrictions on
12 what are called conventional agricultural
13 practices.
14 So I believe that this is a very
15 necessary measure at this time. Perhaps, as
16 Senator Paterson said, with the new regime and
17 the new streamlining of regulations and
18 bureaucracy, it might not be necessary in the
19 future; but even as a modest consciousness
20 raising exercise for various state agencies, it
21 is necessary today.
22 So I'm very happy to support
23 Senator Kuhl's measure in this instance, and I
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1 would urge those members on this side of the
2 aisle who had not previously given that type of
3 consideration to it to join me in supporting it,
4 as well.
5 Thank you, Madam President.
6 THE PRESIDENT: Senator Hoffmann
7 will be recorded in the affirmative.
8 The results, please.
9 THE SECRETARY: Ayes 44. Nays
10 3. Senators Connor, Markowitz and Paterson
11 recorded in the negative.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 22, by Senator Trunzo, Senate Bill Number 604,
16 an act to amend the Retirement and Social
17 Security Law and the Education Law.
18 THE PRESIDENT: Senator Bruno.
19 SENATOR BRUNO: Will you lay it
20 aside, temporarily.
21 THE PRESIDENT: Lay this bill
22 aside temporarily.
23 SENATOR BRUNO: Madam President.
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1 I would like to ask that we recess for a short
2 period of time and ask the Republican Conference
3 to join me in our Conference Room immediately,
4 and I would estimate that we would be about 20
5 minutes to a half hour, and thank you for your
6 indulgence.
7 THE PRESIDENT: The Senate will
8 be in recess for half an hour.
9 SENATOR BRUNO: Stand at ease.
10 THE PRESIDENT: Or stand at ease.
11 (Whereupon, at 11:20 a.m., the
12 gavel was sounded and the Senate was at ease.)
13 (Whereupon, at 12:52 p.m., Senate
14 reconvened.)
15 ACTING PRESIDENT KUHL: Senate
16 will come to order. Members will please take
17 their seats.
18 Chair recognizes Senator Bruno.
19 SENATOR BRUNO: Mr. President.
20 Can we at this time take up a bill, Calendar
21 Number 22.
22 ACTING PRESIDENT KUHL: Secretary
23 will read Calendar Number 22.
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1 THE SECRETARY: Calendar Number
2 22, by Senator Trunzo, Senate Bill Number 604,
3 an act to amend the Retirement and Social
4 Security Law and the Education Law.
5 ACTING PRESIDENT KUHL: Senator
6 Bruno, I'm informed by the Secretary that there
7 is an Assembly substitute, if you would like to
8 do that at this time before we read the last
9 section.
10 SENATOR BRUNO: Please proceed,
11 Mr. President.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the substitution.
14 THE SECRETARY: Senator Trunzo
15 moves to discharge the Committee on Civil
16 Service and Pensions from Calendar Number 22,
17 Senate Bill Number 604, and substitute the
18 identical Assembly Bill, Assembly Bill Number
19 929.
20 ACTING PRESIDENT KUHL: Without
21 objection, substitution is ordered.
22 Secretary will read the last
23 section.
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1 THE SECRETARY: Section 16. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT KUHL: Announce
7 the results when tabulated.
8 THE SECRETARY: Ayes 52. Nays 1.
9 Senator Goodman recorded in the negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President.
14 Can we now return to motions and resolutions?
15 ACTING PRESIDENT KUHL: We will
16 return to motions and resolutions.
17 Senator DiCarlo.
18 SENATOR DiCARLO: Mr. President.
19 On page 4, I offer the following amendments to
20 Calendar Number 5, Print 496, and ask that said
21 bill retain its place on Third Reading Calendar,
22 for Senator Lack.
23 ACTING PRESIDENT KUHL: The
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1 amendments are received and adopted. The bill
2 will retain its place on the Third Reading
3 Calendar.
4 Senator Kruger.
5 SENATOR KRUGER: Mr. President.
6 On page 4, I offer the following amendments to
7 Calendar Number 15, Senate Print Number 302. I
8 ask that the bill retain its place on the Third
9 Reading Calendar.
10 ACTING PRESIDENT KUHL:
11 Amendments are received and adopted. The bill
12 will retain its place on the Third Reading
13 Calendar.
14 Senator Bruno.
15 SENATOR BRUNO: Mr. President.
16 There being no further business to come before
17 the Senate, I move we stand adjourned until
18 Monday at 3:00 p.m. sharp, intervening days to
19 be legislative days.
20 ACTING PRESIDENT KUHL: Without
21 objection, Senate stands adjourned until Monday
22 at 3:00 p.m.
23 (Whereupon, at 12:56 p.m., Senate
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1 adjourned.)
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