Regular Session - March 11, 1997
1460
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8 ALBANY, NEW YORK
9 March 11, 1997
10 3:05 p.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
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1461
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join with me in the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 The invocation today will be
9 given by the Reverend Peter G. Young of the
10 Blessed Sacrament Church in Bolton Landing.
11 Reverend Young.
12 REVEREND PETER G. YOUNG: Let us
13 pray. We pray for all of our New York State
14 people, that their wealth and power might become
15 a force for peace rather than conflict, a source
16 of hope rather than discontent, an agent to
17 friendship rather than enmity. May the actions
18 of this Senate then be that example. Amen.
19 THE PRESIDENT: Amen.
20 The reading of the Journal.
21 THE SECRETARY: In Senate,
22 Monday, March 10th. The Senate met pursuant to
23 adjournment. The Journal of Friday, March 7th,
24 was read and approved. On motion, the Senate
25 adjourned.
1462
1 THE PRESIDENT: Without
2 objection, the Journal stands approved as read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 The Secretary will read.
8 THE SECRETARY: Senator Alesi,
9 from the Committee on Consumer Protection,
10 offers up the following bills:
11 Senate Print 1923, by Senator
12 Libous, an act to amend the General Business
13 Law;
14 2639, by Senator Libous, an act
15 to amend the General Business Law, in relation
16 to prohibiting taxicabs;
17 2872-A, by Senator Alesi, an act
18 to amend the General Business Law, the Civil
19 Practice Law and Rules and the Banking Law.
20 Senator Lack, from the Committee
21 on Judiciary, offers up the following bills:
22 Senate Print 1231, by Senator
23 Libous, an act to amend the Uniform City Court
24 Act;
25 2581, by Senator Marchi, an act
1463
1 to amend the Real Property Tax Law, in relation
2 to designation of the Secretary of State;
3 2859, by Senator Leibell, an act
4 to amend the Real Property Law, in relation to
5 certain mortgages;
6 2918, by Senator Lack, an act to
7 amend the Family Court Act, in relation to
8 appeals;
9 2997, by Senator Lack, proposing
10 an amendment to Article VI of the Constitution.
11 Senator Padavan, from the
12 Committee on Cities, offers up the following
13 bills:
14 Senate Print 2226, by Senator
15 Leibell, an act to amend the General Municipal
16 Law, in relation to urban development;
17 2647, by Senator Cook, an act to
18 amend the General City Law, the Town Law and the
19 Village Law.
20 Senator Maziarz, from the
21 Committee on Aging, offers up the follow bills:
22 Senate Print 1920, by Senator
23 Libous, an act to amend the Vehicle and Traffic
24 Law, in relation to authorizing senior citizens;
25 2338, by Senator Farley, an act
1464
1 to amend the Education Law, in relation to
2 authorizing the State University trustees.
3 Senator Volker, from the
4 Committee on Codes, offers up the following
5 bills:
6 Senate Print 365-A, by Senator
7 Volker, an act to amend the Penal Law, in
8 relation to possession;
9 1708, by Senator Volker, an act
10 to amend the Criminal Procedure Law;
11 1717, by Senator Volker, an act
12 to amend the Penal Law, in relation to
13 aggravated harassment;
14 1915, by Senator Libous, an act
15 to amend the Penal Law, in relation to parole
16 for certain sex offenders;
17 1918, by Senator Libous, an act
18 to amend the Penal Law, in relation to
19 increasing the penalties for repeat convictions;
20 1924, by Senator Libous, an act
21 to amend the Penal Law, in relation to
22 authorizing an additional term of imprisonment;
23 1963, by Senator Maziarz, an act
24 to amend the Criminal Procedure Law;
25 2011, by Senator Padavan, an act
1465
1 to amend the Penal Law, in relation to making
2 citizenship document fraud;
3 2016, by Senator Saland, an act
4 to amend the Penal Law;
5 2074, by Senator Rath, an act to
6 amend the Penal Law, in relation to repeat
7 offender status;
8 2149, by Senator Meier, an act to
9 amend the Criminal Procedure Law and the
10 Education Law;
11 2223, by Senator Padavan, an act
12 to amend the Penal Law, in relation to making
13 unlawful immigration;
14 2402, by Senator Volker, an act
15 to amend the Penal Law, in relation to drug-free
16 school grounds;
17 2600, by Senator Velella, an act
18 amend the Penal Law;
19 3069, by Senator Padavan, an act
20 to amend the Criminal Procedure Law.
21 Senator Rath, from the Committee
22 on Local Government, offers up the following
23 bills:
24 Senate Print 563, by Senator
25 Holland, an act to amend the General Municipal
1466
1 Law;
2 1378, by Senator LaValle, an act
3 to amend the General Municipal Law, in relation
4 to creating the town of Southampton Community
5 Development Agency;
6 1748, by Senator Seward, an act
7 to repeal Section 4 of Chapter 668 of the Laws
8 of 1977;
9 1862, by Senator Johnson, an act
10 to amend the Real Property Tax Law;
11 2021, by Senator Leibell, an act
12 to amend the General Municipal Law;
13 2202, by Senator Padavan, an act
14 to amend the General Municipal Law, in relation
15 to reporting information;
16 2309, by Senator Larkin, an act
17 to amend the General Municipal Law;
18 2439, by Senator Farley, an act
19 to amend the Real Property Tax Law, in relation
20 to exemption from taxation;
21 2342, by Senator Leibell, an act
22 to amend the General Municipal Law;
23 2378, by Senator Lack, an act to
24 amend the County Law, in relation to permitting
25 district attorneys;
1467
1 2394, by Senator Rath, an act to
2 amend the Real Property Tax Law, in relation to
3 payment of taxes;
4 2396, by Senator Rath, an act to
5 amend the Village Law;
6 2514-A, by Senator Johnson, an
7 act to amend the Real Property Tax Law;
8 2669, by Senator LaValle, an act
9 to amend the Town Law, in relation to expending
10 from fire district revenues;
11 2753, by Senator Present, an
12 agent to amend Chapter 557 of the Laws of 1992;
13 2858, by Senator Leibell, an act
14 to amend the General Municipal Law, in relation
15 to tax abatement.
16 Senator Present, from the
17 Committee on Commerce, Economic Development and
18 Small Business, reports:
19 Senate Print 1773, by Senator
20 Present, an act to amend the Economic
21 Development Law;
22 1890, by Senator Present, an act
23 to amend the State Administrative Procedure Act;
24 2377, by Senator Lack, an act to
25 amend the Economic Development Law;
1468
1 2536, by Senator Present, an act
2 to amend the Economic Development Law, in
3 relation to directing a rural agri-business.
4 Senator Cook, from the Committee
5 on Education, offers up the following bills:
6 2451, by the Committee on Rules,
7 an act legalizing and validating the expenditure
8 of certain bonds;
9 2577, by Senator Seward, an act
10 to ratify, legalize and validate certain acts
11 and proceedings.
12 Senator Saland, from the
13 Committee on Children and Families, offers up
14 the following bills:
15 Senate Print 493, by Senator
16 Saland, an act to amend the Social Services Law;
17 1983, by Senator Skelos, an act
18 to amend the Domestic Relations Law, in relation
19 to any action or proceeding;
20 2584, by Senator Johnson, an act
21 to amend the Family Court Act and the Vehicle
22 and Traffic Law;
23 2726, by Senator Saland, an act
24 to amend the Social Services Law and the
25 Education Law.
1469
1 All bills directly for third
2 reading.
3 ACTING PRESIDENT KUHL: The
4 motion by Senator Skelos is to accept the report
5 of the standing committees. All those in favor
6 signify by saying aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 The bill is reported directly to
11 third reading.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 at this time may we please adopt the Resolution
15 Calendar.
16 ACTING PRESIDENT KUHL: The
17 motion is to accept the Resolution Calendar
18 which is on the desks of the members. All those
19 in favor signify by saying aye.
20 (Response of "Aye".)
21 Opposed, nay.
22 (There was no response.)
23 The Resolution Calendar is
24 adopted.
25 SENATOR SKELOS: Mr. President,
1470
1 could you recognize Senator Lachman.
2 ACTING PRESIDENT KUHL: The Chair
3 recognizes Senator Lachman.
4 SENATOR LACHMAN: Thank you, Mr.
5 Chairman.
6 Unfortunately, yesterday when we
7 discussed the resolution, I believe it's 636
8 dealing with Professor Irwin Polishook's 20th
9 anniversary as president of the Professional
10 Staff Congress, I was outside the chamber being
11 lobbied by some people on a much more
12 controversial resolution that we took up later
13 that afternoon. If I had been present, I would
14 not only have voted yes since I'm a co-sponsor
15 of the resolution but I would have spoken for a
16 few minutes and, with your indulgence, I would
17 like to say today what I would have said
18 yesterday.
19 I have known Irwin Polishook
20 since we were teenagers and freshman at Brooklyn
21 College. We have, in this chamber, two
22 individuals on both sides of the aisle,
23 Professor Emeritus Leonard Stavisky and
24 Professor Hugh Farley who have proven that you
25 can both be good academics and outstanding
1471
1 legislators.
2 Professor Irwin Polishook has
3 proven that one can be a good academic and an
4 outstanding union leader. In the 20 years that
5 he has served as president of the Professional
6 Staff Congress, the Union of City University
7 Academics has grown dramatically. He has
8 represented his members with distinction. He is
9 a man of intelligence, integrity and I can
10 attest to the fact as a former university
11 administrator, a very screwed negotiator as
12 well.
13 As both CUNY and SUNY face future
14 problems and we hope opportunities as well, they
15 are in need of more people such as Professor
16 Irwin Polishook, and I hope that he will be
17 around for many years and that I will be in this
18 chamber when we celebrate his 25th anniversary
19 as president of this university Union of
20 Academics from the City University of New York.
21 Thank you, Mr. Chairman.
22 ACTING PRESIDENT KUHL: Thank
23 you, Senator Lachman.
24 Senator Skelos.
25 SENATOR SKELOS: If we could take
1472
1 up the non-controversial calendar.
2 ACTING PRESIDENT KUHL: Senator
3 Skelos, we have a couple of motions. Can we
4 take care of those first as a matter of
5 housekeeping.
6 The Chair recognizes Senator
7 Tully.
8 SENATOR TULLY: Thank you, Mr.
9 President.
10 On behalf of Senator Wright, I
11 move that the follow bills be discharged from
12 their respective committees and be recommitted
13 with instructions to strike the enacting
14 clause: Senate 3221.
15 ACTING PRESIDENT KUHL: The
16 enacting clause will be stricken. So ordered.
17 SENATOR TULLY: Thank you, Mr.
18 President.
19 On behalf of Senator Libous,
20 please place a sponsor's star on Calendar Number
21 237.
22 ACTING PRESIDENT KUHL: Calendar
23 Number 237 will be starred at the request of the
24 sponsor.
25 Any other motions?
1473
1 (There was no response.)
2 Senator Skelos, we'll have the
3 Secretary read the non-controversial calendar.
4 THE SECRETARY: Calendar Number
5 91, by Senator Cook, Senate Print 780, an act to
6 amend the General Municipal Law, in relation to
7 county planning boards and regional councils.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 8. This
11 act shall take effect on the first day of July.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 44.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 151, by Senator Present, Senate Print 1475, an
20 act to adjust certain state aid payments.
21 SENATOR PATERSON: Lay it aside.
22 ACTING PRESIDENT KUHL: There is
23 a local fiscal impact note at the desk. The
24 bill will be laid aside at the request of
25 Senator Paterson.
1474
1 THE SECRETARY: Calendar Number
2 167, by Senator Kuhl, Senate Print 545-A, an act
3 to amend the Agriculture and Markets Law and the
4 Vehicle and Traffic Law, in relation to
5 exempting farm vehicles.
6 SENATOR PATERSON: Lay it aside,
7 please.
8 ACTING PRESIDENT KUHL: Lay the
9 bill aside.
10 THE SECRETARY: Calendar Number
11 179, by Senator Leibell, Senate Print 2228, an
12 act to amend the Public Housing Law, in relation
13 to the statute of limitations.
14 SENATOR PATERSON: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 185, by Senator Levy, Senate Print 605, an act
19 to amend the Vehicle and Traffic Law.
20 SENATOR SKELOS: Lay it aside for
21 the day.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside for the day.
24 THE SECRETARY: Calendar Number
25 186, by Senator Holland, Senate Print 732, an
1475
1 act to amend the Highway Law, in relation to
2 designating a portion of the state highway
3 system.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. 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 47.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 205, by Senator Skelos, Senate Print 334, an act
16 to amend the Education Law, in relation to
17 notification of parents of an elementary school
18 pupil's absence.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first day of
23 September.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
1476
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 47.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 229, by Senator Rath, Senate Print 2014, an act
7 to amend the Education Law, in relation to
8 displaying the Flag of the state of New York.
9 SENATOR LEICHTER: Lay it aside.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 245, by Senator Saland, Senate Print 1785, an
14 act to amend Chapter 748 of the Laws of 1991.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 47.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1477
1 248, by Senator Nozzolio, Senate Print 697-A, an
2 act to authorize the New York State Urban
3 Development Corporation to forgive a 1986 loan.
4 SENATOR LEICHTER: Lay it aside.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 250, by Senator Bruno, Senate Print 706, an act
9 to amend the Vehicle and Traffic Law, in
10 relation to the disqualification of a bus
11 driver.
12 SENATOR SKELOS: Lay it aside
13 temporarily.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 Senator Skelos, that completes
17 the non-controversial calendar.
18 SENATOR SKELOS: Could you please
19 take up the controversial calendar.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the controversial calendar,
22 beginning with Calendar Number 151 by Senator
23 Present.
24 THE SECRETARY: Calendar Number
25 151, by Senator Present, Senate Print 1475, an
1478
1 act to adjust certain state aid payments.
2 ACTING PRESIDENT KUHL: There is
3 a local fiscal impact note at the desk.
4 Senator Paterson.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Present, an explanation of Calendar Number 151
8 has been requested by the Acting Minority
9 Leader, Senator Paterson.
10 SENATOR PRESENT: Senator
11 Paterson, the Salamanca City School District was
12 audited and found that they were overpaid for
13 previous years' vouchers and this bill would
14 allow them to pay back that -- that amount will
15 be taken from their school aid for the next five
16 years rather than all at once.
17 SENATOR DOLLINGER: Mr.
18 President, would the sponsor yield to a
19 question?
20 ACTING PRESIDENT KUHL: Senator
21 Present -- Senator Paterson, are you yielding
22 the floor?
23 SENATOR PATERSON: Yes, Mr.
24 President.
25 ACTING PRESIDENT KUHL: Okay.
1479
1 Senator Dollinger, Senator Present has asked -
2 the Senator yields to a question, Senator
3 Dollinger.
4 SENATOR DOLLINGER: Senator, what
5 is the current state policy with respect to the
6 collection of debts which the school district
7 owes money to the state of New York?
8 SENATOR PRESENT: I can't answer
9 that.
10 SENATOR DOLLINGER: Okay. Again
11 through you, Mr. President, if Senator Present
12 will yield for one -
13 ACTING PRESIDENT KUHL: Senator
14 Present, do you continue to yield?
15 SENATOR PRESENT: Yes.
16 ACTING PRESIDENT KUHL: The
17 Senator continues to yield.
18 SENATOR DOLLINGER: If this bill
19 weren't passed, do you know how the Salamanca
20 School District would repay the money?
21 SENATOR PRESENT: How they would
22 what?
23 SENATOR DOLLINGER: How the
24 Salamanca School District would repay the money
25 that it owes the state of New York?
1480
1 SENATOR PRESENT: The money would
2 be withheld from their current year's payment.
3 SENATOR DOLLINGER: Okay. On the
4 bill, Mr. President.
5 ACTING PRESIDENT KUHL: Senator
6 Dollinger, on the bill.
7 SENATOR DOLLINGER: Senator
8 Present, your bill does something that we ought
9 to do for every school district in this state,
10 and that is change our current policy for the
11 collection of audited debts that school
12 districts owe the state of New York.
13 You properly point out that the
14 current policy of the Division of Budget is that
15 when these audits show that school districts owe
16 money to the state of New York, they collect it
17 in one lump sum out of the aid payments due in
18 the current fiscal year, strapping the school
19 district with the prospect of an enormous up
20 front cost to cover the lost funds that they
21 have lost to the state of New York.
22 If, however, audits show that a
23 school district is owed money by the state of
24 New York, they simply pay it back in the future
25 over time. So the state of New York grabs the
1481
1 money quickly right up front if they're owed the
2 money. If they owe the money -- if we owe the
3 money to the school districts, we pay it back
4 slowly over time and in either event, the school
5 districts are harmed.
6 Senator, I'm going to support
7 this bill, but what I would hope is that if a
8 bill comes out from this house that says that we
9 will treat all school districts the same way
10 that you're going to want to treat the Salamanca
11 School District, that we'll pass that bill, that
12 we'll in essence say to the school districts of
13 this state, we'll treat you fairly. If you owe
14 us money, you get five years to pay it back. If
15 we owe you money, we'll pay it back within five
16 years as well. That's the only fair way to do
17 it, Senator.
18 This issue came up in my
19 district. Two of my school districts are owed
20 money by the state of New York. Unlike
21 Salamanca, they're owed money by the state of
22 New York. They're not going to get it back by
23 several years when they should be paid it all up
24 front.
25 So it just seems to me that
1482
1 that's a terrible way for the state of New York
2 to do business. We're clearly not treating them
3 the way they would like to be treated and the
4 way that we should treat them.
5 I'd just point out that one of my
6 staff members has handed to me -- there are at
7 least 17 school districts in the state in Monroe
8 County that I represent which are owed $1.9
9 million by the state of New York that they're
10 not going to get for five years. It's not
11 fair. It's not evenhanded. It's just the kind
12 of thing we do that shows to the school
13 districts that we don't care.
14 Senator, I'm going to support
15 this bill. I would like to see a bill, a prompt
16 payment bill passed, and I would suggest that
17 this year, when we've got a surplus of funds
18 available, that one of the things I would
19 recommend to those in this house who sit at the
20 table and negotiate the next budget is that they
21 take a small portion of it and repay the school
22 districts that are owed money. What we're doing
23 is simply requiring property taxes to pay for
24 money that the state of New York owes them.
25 It's just not fair.
1483
1 I'll support this bill, Mr.
2 President. I commend Senator Present for
3 bringing it forward on behalf of his
4 constituents. I think many of us have
5 constituents who are dealing with the problem,
6 the failure of the state of New York to treat
7 the people it either owes money or collects
8 money from in an evenhanded fashion.
9 I'll be producing such a bill in
10 the future and I assume that I'll have the
11 strong support of this house for it.
12 ACTING PRESIDENT KUHL: Is there
13 any other Senator wishing to speak on the bill?
14 Senator Leichter.
15 SENATOR LEICHTER: Mr. President,
16 on the bill.
17 ACTING PRESIDENT KUHL: Senator
18 Leichter, on the bill.
19 SENATOR LEICHTER: Mr. President,
20 I'm grateful to my good friend, Senator
21 Dollinger, for making really a very important
22 and a very excellent point, and that is how the
23 state of New York treats school districts
24 extremely unfairly.
25 Senator, your 17 districts may be
1484
1 owed 1.9 million. My school district, the city
2 of New York, is owed $900 million and the
3 Governor in his munificence this year provided
4 in his budget $9 million, 100 of that to repay.
5 I think everybody in this house
6 knows the problems that we have in the school
7 district in New York, the under-funding, the
8 problems of deteriorated school buildings,
9 insufficient, inadequate school buildings.
10 Senator Present, I believe at one
11 time you were the Chair of the Education
12 Committee, so you're certainly familiar with it,
13 and I think it's perfectly fair that we ought to
14 do for your school district what your bill
15 provides and we're going to support it, but I
16 hope that we could look to the other side of the
17 aisle, to you, Senator Present, particularly
18 with the knowledge that you have on education
19 and the need of school districts and obviously
20 those Senators on the other side of the aisle
21 who come from the city of New York, to see that
22 we are no longer cheated. If you owe us $900
23 million -- this is not a dispute. It's
24 basically admitted, $900 million -- start
25 repaying it, and I think, Senator Dollinger,
1485
1 your bill makes eminent good sense and I would
2 hope that on a bipartisan basis that we could
3 have such a bill that places obligations on the
4 state of New York to treat school districts
5 fairly, not when the state is owed money, grab
6 it right away and when the state owes money to
7 the school districts, pay it -- well, we'll pay
8 it whenever we get around to it. That's not the
9 way to do business.
10 I'm going to support the bill.
11 ACTING PRESIDENT WRIGHT: Senator
12 Dollinger, why do you rise?
13 SENATOR DOLLINGER: Just briefly,
14 Mr. President. Senator Leichter is absolutely
15 correct. I just want to emphasize that what
16 this does is that this passes a cost that the
17 state of New York should pay from either sales
18 taxes or income taxes and tosses it on the
19 property tax. That's all it does.
20 We're about to discuss, I assume
21 some time during this session, a proposal by the
22 Governor to reduce property taxes in this
23 state. I've got a simple way to reduce property
24 taxes in this state. Pay your bills on time.
25 ACTING PRESIDENT WRIGHT: Any
1486
1 other Senator wishing to speak on the bill?
2 (There was no response.)
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT WRIGHT: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 54.
11 ACTING PRESIDENT WRIGHT: The
12 bill is passed.
13 Senator Skelos -- the Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 167, by Senator Kuhl, Senate Print 545-A, an act
17 to amend the Agriculture and Markets Law, the
18 Vehicle and Traffic Law, in relation to
19 exempting farm vehicles.
20 SENATOR PATERSON: Explanation.
21 SENATOR LEICHTER: Explanation,
22 Senator Paterson.
23 ACTING PRESIDENT WRIGHT: Senator
24 Paterson.
25 SENATOR LEICHTER: I'm his echo.
1487
1 ACTING PRESIDENT WRIGHT: Senator
2 Paterson, Senator Kuhl.
3 SENATOR KUHL: Yes. Very simply
4 put, this bill, if adopted, would remove a
5 security insurance requirement that we placed on
6 farm vehicles just a couple of years ago.
7 As part of the ISTEA provisions,
8 we went through a major revision of the
9 regulations dealing with requirements of some
10 farm vehicles. At the same time, we also placed
11 an additional requirement of insuring those farm
12 vehicles on farmers, and what this does is
13 simply remove that requirement. It's an
14 additional financial obligation. It really
15 wasn't required. There was no demand or no need
16 perceived for it, and so this is an attempt to
17 try to relieve the financial burden -
18 unnecessary financial burden that we've placed
19 on the farmers in this state from them.
20 ACTING PRESIDENT WRIGHT: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT WRIGHT: Call
25 the roll.
1488
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 53, nays 1,
3 Senator Kruger recorded in the negative.
4 ACTING PRESIDENT WRIGHT: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 179, by Senator Leibell, Senate Print 2228, an
8 act to amend the Public Housing Law, in relation
9 to the statute of limitations.
10 SENATOR PATERSON: Explanation.
11 SENATOR SKELOS: Lay it aside
12 temporarily.
13 ACTING PRESIDENT WRIGHT: The
14 bill is laid aside temporarily.
15 SENATOR SKELOS: Wait a minute.
16 Senator Leibell just came in.
17 ACTING PRESIDENT WRIGHT: Senator
18 Leibell, an explanation has been asked for on
19 Calendar Number 179.
20 SENATOR LEIBELL: Yes, Mr.
21 President. What we are trying to do with this
22 legislation is to provide parity between public
23 housing authorities and other municipalities.
24 As it is currently with other
25 municipalities, when there's an action to be
1489
1 commenced, there's basically two statutes of
2 limitation, the first being the one for the
3 notice of claim, which is a 90-day one and then
4 within a year after that, a summons and
5 complaint must be filed. The difference for
6 housing authorities is that this public -- the
7 notice of claim piece can be, in effect, tolled
8 and you will not have any statute of limitations
9 running on the one-year period.
10 What we are attempting to do with
11 this legislation is to create that parity which
12 says the Public Housing Authority would be
13 treated the same way as other municipalities.
14 ACTING PRESIDENT WRIGHT: Senator
15 Paterson.
16 SENATOR PATERSON: Mr. President,
17 would Senator Leibell yield for a question?
18 ACTING PRESIDENT WRIGHT: Senator
19 Leibell, will you yield to Senator Paterson for
20 a question?
21 SENATOR LEIBELL: Yes, Mr.
22 President.
23 ACTING PRESIDENT WRIGHT: Senator
24 Paterson.
25 SENATOR PATERSON: Are there
1490
1 provisions where the feasible extent of injury
2 to the individual plaintiff is not known?
3 SENATOR LEIBELL: No, there's no
4 provisional -
5 SENATOR PATERSON: Okay. One
6 other question. I understand that you're trying
7 to establish parity here, but the question is,
8 we're talking about only the -- we're really
9 talking about just 30 days. Is there documented
10 that many instances where the 30-day period
11 helped the plaintiff to-- that much that we need
12 to pass a law even though it's not the same as
13 it is in suing a municipality?
14 SENATOR LEIBELL: Senator, I'm
15 sorry. I'm having a little trouble hearing me.
16 SENATOR PATERSON: No?
17 SENATOR LEIBELL: Yeah. The
18 difference between the law as it is now for
19 suing the Housing Authority and the law as it
20 would be if we changed it would be 30 days. Do
21 you think that's significant enough to pass a
22 law at this time?
23 SENATOR LEIBELL: It could be any
24 amount of time. It's not -- there's 30 days.
25 Under the current situation, you could have a
1491
1 situation where it would be almost tolled
2 indefinitely, and this bill was brought to us by
3 New York City which it requested, and I think
4 part of your question that I believe I heard you
5 ask was what incidents. I'm not aware of which
6 incidents caused this for the City to request
7 this, but it is requested by the city of New
8 York.
9 SENATOR PATERSON: Okay. Thank
10 you, Senator.
11 ACTING PRESIDENT WRIGHT: Any
12 other Senator? Last section.
13 SENATOR LEICHTER: Yes, Mr.
14 President.
15 ACTING PRESIDENT WRIGHT: Senator
16 Leichter, why do you rise?
17 SENATOR LEICHTER: Senator
18 Leibell, I mean, generally statute of
19 limitations from my viewpoint is something that
20 since they deny the people the right to sue,
21 unless there's really a compelling reason to
22 impose a statute of limitations, I don't think
23 we ought to limit people's right to sue.
24 Now, I understand you're trying
25 to reach -- or the city of New York is trying to
1492
1 achieve a certain parity between other municipal
2 corporations but, you know, that as an argument,
3 it seems to me, can be made about housing
4 authorities where a lot of people live in these
5 buildings. People come in, vendors, and so on,
6 that maybe ought to be entitled to protection
7 that is somewhat different than a municipal
8 corporation has. If we want to equalize it,
9 maybe the way to do it is extend the statute of
10 limitations of municipal corporations.
11 SENATOR LEIBELL: Well, Senator,
12 I was not able to determine, to be candid with
13 you, why there was this historical -- or at
14 least something of a historical difference
15 between housing authorities and other municipal
16 corporations. I think that, you know, it is -
17 no question, with any statute of limitations, it
18 is a strong position of law.
19 I think what we're attempting to
20 do here -- I know what we're attempting to do
21 here, though, is to say we wish to see people
22 treated the same as they would be treated with
23 any other municipality. We think under those
24 circumstances that in other circumstances
25 they're treated fairly by having these
1493
1 provisions for the notice of claim and then the
2 year additional to serve a summons and complaint
3 and also the recognition that we live in an age
4 of scarce housing dollars and, to the extent we
5 can, we would wish to protect these to make sure
6 the individuals are protected but, at the same
7 time, to remove the possibilities of frivolous
8 lawsuits, et cetera, and to get dollars into
9 housing and provide the certain protections. I
10 think we accomplished this and I agree with the
11 City's position.
12 SENATOR LEICHTER: Senator, thank
13 you for your answer.
14 I just want to say that, you
15 know, I'm reading the memo to the city of New
16 York. It says the New York City Housing
17 Authority, therefore, requires -- requires the
18 addition of a new section to provide equal
19 treatment of public housing authorities before
20 courts of law. I mean, as if there's now some
21 inequality existing insofar as the Housing
22 Authority is concerned. The Housing Authority
23 is not a general municipal corporation. It has
24 a different function, a different role. I don't
25 know any compelling interest that requires it be
1494
1 the same.
2 I think -- as you know, Senator
3 Leibell, we pretty much limit the rights of
4 people to sue municipal corporations. If you
5 should have the misfortune of being involved in
6 an accident, the statute of limitations is far
7 longer than that for a municipal corporation.
8 I'm not sure that municipal corporations ought
9 to have that protection, but why extend it? Why
10 limit people's right to sue?
11 I must say, I don't think a case
12 has been made for infringing what is the -
13 really such a basic right as to allow people who
14 have been injured, who have been damaged, to sue
15 and here the statute of limitations is extremely
16 short, extremely brief.
17 I have problems with the bill,
18 sir.
19 ACTING PRESIDENT WRIGHT: Any
20 other Senator wishing to be heard?
21 (There was no response.)
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WRIGHT: Call
1495
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 179, Senators
5 Kruger, Lachman, Leichter, Onorato, Paterson and
6 Sampson. Ayes 50, nays 6.
7 ACTING PRESIDENT WRIGHT: The
8 bill is passed.
9 Senator Dollinger, why do you
10 rise?
11 SENATOR DOLLINGER: Mr.
12 President, could I ask for unanimous consent to
13 be recorded in the negative on Calendar Number
14 167.
15 ACTING PRESIDENT WRIGHT: Without
16 objection, the Senator will be recorded in the
17 negative.
18 Senator Leichter, why do you
19 rise?
20 SENATOR LEICHTER: Yes, Mr.
21 President. I wanted to make the same motion for
22 myself. I would like to be recorded in the
23 negative on Calendar 167.
24 ACTING PRESIDENT WRIGHT: Without
25 objection, reflected on number 167.
1496
1 Senator Breslin.
2 SENATOR BRESLIN: I would also
3 like -
4 ACTING PRESIDENT WRIGHT: Senator
5 Breslin will also be recorded.
6 Senator Smith, why do you rise?
7 SENATOR SMITH: I request
8 unanimous consent to be recorded in the negative
9 on Calendar Number 167.
10 SENATOR LACHMAN: Negative on
11 167.
12 ACTING PRESIDENT WRIGHT: Senator
13 Lachman, 167, negative. Anyone else?
14 Senator Rosado in the negative on
15 167.
16 Senator Sampson.
17 SENATOR SAMPSON: Negative.
18 ACTING PRESIDENT WRIGHT: Without
19 objection. Senator Abate, 167, without
20 objection.
21 Is there anyone we missed on
22 167?
23 Senator Nanula on 167. Going
24 once -
25 THE SECRETARY: Calendar Number
1497
1 229, by Senator Rath, Senate Print 2014, an act
2 to amend the Education Law, in relation to
3 displaying the flag of the state of New York on
4 the grounds of the State University.
5 SENATOR LEICHTER: Explanation.
6 ACTING PRESIDENT WRIGHT: Senator
7 Rath, an explanation has been requested.
8 SENATOR RATH: Mr. President,
9 it's a very simple piece of legislation in front
10 of us requesting that SUNY campuses display the
11 flag of the state of New York. Many of them
12 do. I have observed some that don't. The
13 American flag is usually flying. There's
14 usually a second flagpole there and, in my
15 opinion, the flag of the state of New York
16 should be there.
17 SENATOR LEICHTER: Mr. President.
18 ACTING PRESIDENT WRIGHT: Senator
19 Leichter.
20 SENATOR LEICHTER: Yes, Mr.
21 President, On The bill.
22 Senator Rath, I'm somewhat
23 surprised and a little disappointed in this
24 bill. When I saw we're going to have a bill on
25 the State University of New York, I thought we
1498
1 would have a bill that maybe would deal with the
2 financial problems of the State University,
3 maybe with the problem of deteriorating plants,
4 maybe with the problem of increasing tuition,
5 maybe with a problem that students can't
6 graduate in five -- in four years if it takes
7 five or six years because they can't get in the
8 classes to take required courses, but maybe you
9 would address the fact that the State University
10 here in Albany has discontinued teaching
11 German. I think the only university of that
12 size claiming to be a world-class institution
13 that doesn't teach German. Unbelievable.
14 So I thought, my goodness, we're
15 going to finally address some of these
16 problems. Instead, all you come forth with is
17 that the State University should display the
18 flag of the state of New York. Frankly, they
19 can do it. I don't think it makes a great deal
20 of difference, but is that all that we can do?
21 We have a system that's in
22 terrible problems. I'm sorry that the
23 distinguished Chairman of Higher Education for
24 whom I have the greatest respect is not here,
25 but I would like to see some bills come out of
1499
1 his committee and come to the floor and get the
2 attention of this body other than telling the
3 State University how they ought to conduct their
4 commencement, when they ought to say the Pledge
5 of Allegiance, when we ought to sing the Star
6 Spangled Banner, when we ought to display the
7 flag of the state of New York. How about
8 dealing with the fact that a great university
9 system -- or which was a great university system
10 at one time is becoming a second-rate
11 institution, that it's seriously hurting the
12 economy of the state of New York and depriving
13 our young people of the opportunity to get the
14 sort of education they need to be productive
15 citizens, to be able to compete in a world
16 economy. Everybody talks about education that's
17 so important.
18 We have seen this university
19 system starved for funds. We've seen this
20 university system have a decline in student
21 applications because the students realize they
22 can no longer get a first-rate education. Take
23 a look at the decline in applications.
24 I think it's a shame -- and I'm
25 not putting the blame on the present
1500
1 administration, although clearly it deserves
2 some of the blame. I issued a report when Cuomo
3 was governor saying, you're starving the
4 system. In this state, at that particular time,
5 we were 48th among all the states on what we
6 spend on higher education and it hasn't gotten
7 any better.
8 We raised tuition at the State
9 University, as you know, two years ago by $750.
10 The Governor wants to raise it again by $400.
11 Those are the issues that we should be
12 addressing, not how to conduct commencement, not
13 what flags to display. I think it's time to get
14 serious.
15 I don't mean to be critical of
16 you as such, Senator Rath, because I'm sure
17 you're concerned about this as all of us should
18 be concerned about it, but I think the time for
19 action has come and the time for cosmetic pieces
20 of legislation is past.
21 I think we deserve much -- we
22 have a much greater obligation to the students
23 of the State University of New York than telling
24 them to fly the flag of the state of New York.
25 ACTING PRESIDENT WRIGHT: Senator
1501
1 Rath.
2 SENATOR RATH: I was about to
3 respond to you in German but I've forgotten a
4 few words. I'm sure you will be more than glad
5 to fill in for me privately outside. We'll go
6 through how this might have been in German -- in
7 Deutsch.
8 However, I'm glad we afforded you
9 the opportunity, Senator Leichter, to vent some
10 of your concerns. Let me advise you they are my
11 concerns also. I'm a graduate of the State
12 University of New York. The covers on the books
13 that I carried had that symbol on them. Every
14 day that I went to class, I opened up a book
15 that had the symbol of the State University of
16 New York on it. I knew where I came from, and I
17 think it's an important thing for all students
18 to recognize that there are places that they
19 need to remember and a place that they need to
20 remember, in my opinion, is New York State. I
21 think the flag symbolizes that and it's purely a
22 symbolic gesture.
23 SENATOR LEICHTER: Mr. President.
24 ACTING PRESIDENT WRIGHT: Senator
25 Leichter, why do you rise?
1502
1 SENATOR LEICHTER: Mr. President,
2 on the bill. Senator Rath -
3 ACTING PRESIDENT WRIGHT: On the
4 bill.
5 SENATOR LEICHTER: -- I wanted to
6 remember a state university that they're going
7 to say, I got a wonderful education that really
8 prepared me to go out in the world. It prepared
9 me to become a state Senator, as you were
10 prepared to become a state Senator and to be
11 successful as you certainly have been. That's
12 what I want them to remember. I don't want them
13 to remember, Gee, it took me six years to
14 graduate because I couldn't get the courses that
15 I needed.
16 All I'm suggesting, Senator Rath,
17 is -- and I know that expresses your viewpoint
18 -- I want to give the present generation of
19 school, of university and college students the
20 same opportunity that you had because you
21 attended that university at the time when it was
22 a great university. I want to give them the
23 same opportunity that I had some years before
24 you did when I could have gone to CUNY, and so
25 on, and would have gotten a first-class
1503
1 education.
2 What I'm saying -- and I think we
3 all have to be aware of -- that opportunity
4 doesn't exist now and that's really what we need
5 to address. I don't want to belittle your
6 concerns. I'm not belittling your bill as such,
7 but I think that we have to do more than pass
8 these sorts of bills. We have an obligation to
9 give them the same opportunity that Senator Mary
10 Lou Rath had. That's what I want to do.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 60th day.
15 ACTING PRESIDENT WRIGHT: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 56.
19 ACTING PRESIDENT WRIGHT: The
20 bill is passed.
21 If I may at this time, I have
22 been advised by the Secretary of the Senate that
23 the Legislative Office Building is again open
24 and staff can return to the LOB at this point in
25 time.
1504
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 248, by Senator Nozzolio, Senate Print 697-A, an
4 act to authorize New York State Urban
5 Development Corporation to forgive a 1986 loan
6 to Rochester Community Baseball.
7 SENATOR LEICHTER: Explanation.
8 ACTING PRESIDENT WRIGHT: Senator
9 Nozzolio, an explanation has been requested.
10 SENATOR NOZZOLIO: Thank you, Mr.
11 President.
12 It's a measure we passed last
13 June or July, which, as its title implies,
14 forgives a loan granted in 1986 of $1.5 million
15 from the Urban Development Corporation to
16 Rochester Community Baseball.
17 As part of the agreement, when
18 the former Silver Stadium became Frontier Field,
19 the stadiums were expanded and programs
20 statewide that this Legislature entered into
21 negotiations with the Assembly and then Governor
22 Cuomo and that this was part of the result of
23 those negotiations that this loan be forgiven to
24 -- as part of the total package of assistance
25 that kept professional baseball in Rochester.
1505
1 It's a measure sponsored by the
2 entire Senate delegation to Monroe County. Both
3 sides of the aisle are represented on the bill,
4 and I'm very pleased, it is an example of
5 interparty cooperation among our Senate
6 colleagues representing Monroe.
7 ACTING PRESIDENT WRIGHT: Senator
8 Leichter.
9 SENATOR LEICHTER: Yeah. Mr.
10 President, if Senator Nozzolio would yield,
11 please.
12 ACTING PRESIDENT WRIGHT: Senator
13 Nozzolio, will you yield to a question?
14 SENATOR NOZZOLIO: Yes, Mr.
15 President.
16 ACTING PRESIDENT WRIGHT: The
17 Senator yields.
18 Senator Leichter.
19 SENATOR LEICHTER: Senator, I
20 understood you to say there was some agreement
21 that this would be done. Is that in writing?
22 SENATOR NOZZOLIO: No, Senator
23 Leichter, it's not.
24 SENATOR LEICHTER: Who is the
25 agreement with?
1506
1 SENATOR NOZZOLIO: It was part of
2 the discussions between whether or not local
3 participation is going to be accepted and the
4 degree to which local participation, which was
5 one of the requirements for the stadium's
6 construction during that omnibus act that we had
7 built stadiums across the state, that would be
8 local governments, the county of Monroe, the
9 city of Rochester, along with the Urban
10 Development Corporation mentioned this would be
11 part of a local share supported by part of the
12 agreement of the Urban Development Corporation
13 to provide assistance here as part of the total
14 package.
15 Senator -- Senator -- let me -
16 in conclusion, this is the same measure that you
17 and I discussed, the same identical bill that
18 you and I stood up on last June or July. I'll
19 probably hear the same questions that I heard
20 then. I don't have the transcript with me, but
21 you -- if you recall, you got up on this
22 measure. At that time Senator Dollinger asked
23 -- answered some of your questions, but I
24 thought at that time -- there has been no change
25 in this legislation since the last time you
1507
1 asked a number of questions about it.
2 SENATOR LEICHTER: Senator -
3 ACTING PRESIDENT WRIGHT: Senator
4 Leichter.
5 SENATOR LEICHTER: Well, Senator
6 Nozzolio, you're putting the bill forth again.
7 ACTING PRESIDENT WRIGHT:
8 Senator, do you continue to yield?
9 SENATOR LEICHTER: Is it your
10 view that once a bill is before the house and is
11 acted on and passed, that -- and it comes up
12 again, that it's improper to have a discussion
13 on it or debate on it? I would assume that's
14 not your view.
15 In any event, yes, we discussed
16 it and, frankly, I found much more favor in the
17 bill now than it had in July. I'm still trying
18 to understand it. I asked you who the agreement
19 was made with. I'm not sure I got a very clear
20 answer. When -- Senator Nozzolio, when was that
21 agreement made?
22 SENATOR NOZZOLIO: During the -
23 Senator, Mr. President, it was made during the
24 discussions on stadium financing that took place
25 throughout this state -- at projects throughout
1508
1 this state during the period, I believe it was
2 1994 and early '95.
3 SENATOR LEICHTER: Mr. President.
4 ACTING PRESIDENT WRIGHT: Senator
5 Leichter.
6 SENATOR LEICHTER: If Senator
7 Nozzolio would be good enough to continue to
8 yield.
9 ACTING PRESIDENT WRIGHT:
10 Senator, do you continue to yield?
11 SENATOR NOZZOLIO: Yes, Mr.
12 President.
13 ACTING PRESIDENT WRIGHT: The
14 Senator continues to yield.
15 Senator Leichter.
16 SENATOR LEICHTER: Senator, is it
17 your view that state officials, bureaucrats as
18 they're sometimes referred to, can bind the
19 state of New York and this Legislature to fiscal
20 commitments without action from the
21 Legislature?
22 SENATOR NOZZOLIO: Is that a -
23 Senator, I'm not going to answer that question.
24 It's too broad, too hypothetical, too
25 theoretical. If you would like me to respond to
1509
1 a particular component of this measure, I would
2 be glad to. If you like to ask me a question on
3 general philosophy, I would be glad to. That
4 question is much too broad to give you an answer
5 that would be concise enough for this debate.
6 SENATOR LEICHTER: Well, Mr.
7 President, if -
8 ACTING PRESIDENT WRIGHT: Senator
9 Leichter.
10 SENATOR LEICHTER: Senator
11 Nozzolio, I want to make it as easy for you as
12 possible. I don't want to, you know, give you
13 any questions that you consider are very hard or
14 difficult to answer. So let me see if I can put
15 it in terms that will allow you to respond.
16 My question is whether
17 commitments that become obligations of the state
18 of New York should be acted on by the
19 Legislature.
20 SENATOR NOZZOLIO: I think
21 certainly, Mr. President, under many
22 circumstances, this Legislature has the duty and
23 responsibility, the legal obligation to make
24 fiscal decisions that certainly -- that's the
25 reason why this bill is before us today, that we
1510
1 have a fiscal decision to make, a decision that
2 is a decision that has been enacted by the
3 Assembly and that I'm hopeful that the Senate
4 will follow suit.
5 SENATOR LEICHTER: All right.
6 Then -
7 ACTING PRESIDENT WRIGHT: Senator
8 Leichter.
9 SENATOR LEICHTER: If you'll
10 continue to yield.
11 ACTING PRESIDENT WRIGHT: Senator
12 Nozzolio, do you continue to yield?
13 SENATOR NOZZOLIO: Yes, Mr.
14 President.
15 ACTING PRESIDENT WRIGHT: The
16 Senator continues to yield.
17 Senator Leichter.
18 SENATOR LEICHTER: Then you agree
19 that it's a matter that the Legislature has to
20 look at de novo because it is, indeed, the act
21 of the Legislature and we are not bound by what
22 seems to me a somewhat uncertain amorphous
23 agreement that was entered into apparently
24 through the UDC that doesn't buy this and we
25 ought to take a look at it on the basis of the
1511
1 merits. You presented an argument that was
2 predicated on the fact that this was agreed to
3 and that's why I asked you those questions as to
4 the extent to which that binds the Legislature
5 and should bind the Legislature.
6 SENATOR NOZZOLIO: Mr. President,
7 if I could respond to this general statement.
8 ACTING PRESIDENT WRIGHT: Senator
9 Nozzolio.
10 SENATOR NOZZOLIO: Senator
11 Leichter, this was part of an entire package of
12 stadium construction that reached every corner
13 of the state, virtually and that we, as a
14 Legislature, established certain parameters, one
15 of which was that local participation was
16 certainly something that was to be achieved,
17 that local commitment to building stadiums was
18 going to be part and parcel of the policy that
19 this Legislature endorsed.
20 The measure before us reflects
21 the implementation of the policy that we put in
22 motion in 1994 and again in 1995 because we had
23 to pass this measure twice -- not this measure
24 before us but the measure which established
25 stadium construction policy. We passed that
1512
1 policy question twice. This Legislature voted
2 on two separate occasions, two different legis
3 latures voted to support stadium construction,
4 other athletic facility construction across the
5 state of New York. Within each of those
6 projects, there were a series of discussions,
7 some longer than others, depending upon the
8 scope of the project. There may have been
9 nuances that required an additional look because
10 each project was similar but each was also -
11 had different characteristics.
12 The Monroe County project that
13 built -- constructed Frontier Field had with it
14 a number of characteristics unique to Monroe
15 County but still complied with the general
16 framework established by the policies of two
17 successively elected legislatures that required
18 local participation in the construction and
19 acceptance of the construction by the Urban
20 Development Corporation of these stadium
21 facilities.
22 Monroe County had in its
23 discussions an item that, as you read the bill,
24 Senator, 1986 there was a loan of $1.5 million
25 to renovate the then stadium which was
1513
1 constructed, that, as the county of Monroe, city
2 of Rochester, Monroe Community Baseball entered
3 into negotiations with the Urban Development
4 Corporation for their percentages of
5 responsibility in the construction of Frontier
6 Field, this was put on the table.
7 So, Senator, to answer your
8 questions, I believe that these discussions
9 between the parties mentioned and referenced in
10 the bill were discussions to implement the
11 policy that this Legislature decided not once
12 but twice in the construction of stadiums across
13 the state.
14 SENATOR LEICHTER: Mr. President,
15 if Senator Nozzolio -
16 ACTING PRESIDENT WRIGHT: Senator
17 Leichter, Senator Nozzolio, do you continue to
18 yield?
19 SENATOR NOZZOLIO: Yes, Mr.
20 President.
21 ACTING PRESIDENT WRIGHT: The
22 Senator yields.
23 SENATOR LEICHTER: Senator, am I
24 correct in understanding that the Urban
25 Development Corporation made a loan of $1500,
1514
1 which was -- which was public monies, is that
2 right?
3 SENATOR NOZZOLIO: No, Senator,
4 it's not correct.
5 SENATOR LEICHTER: Well, isn't
6 what we're forgiving here a 1986 loan of $1500
7 from the New York State Urban Development
8 Corporation to Rochester Community Baseball?
9 SENATOR NOZZOLIO: No, Senator,
10 that's not correct.
11 SENATOR LEICHTER: Well, what are
12 we forgiving?
13 SENATOR NOZZOLIO: You're leaving
14 out a few zeros.
15 SENATOR LEICHTER: Excuse me?
16 SENATOR NOZZOLIO: You're leaving
17 out a few zeros, Senator. It's not $1500,
18 Senator Leichter. It's 1.5 million.
19 SENATOR LEICHTER: I believe I
20 said one million-five.
21 SENATOR NOZZOLIO: No, Senator.
22 SENATOR LEICHTER: I said 1500?
23 I'm sorry. I abbreviated it. It's $1.500
24 million, $1,500,000, right? That was the loan
25 that was given, is that correct?
1515
1 SENATOR NOZZOLIO: Mr. President,
2 this bill deals with a loan that was granted in
3 1986 for $1.5 million.
4 SENATOR LEICHTER: Right. And
5 there was a mortgage that was given, a security
6 for this loan, is that correct?
7 SENATOR NOZZOLIO: Under whatever
8 the principal of security interest that the
9 Urban Development Corporation extends or
10 establishes in these types of situations, I
11 think were the norm, Senator, yes.
12 SENATOR LEICHTER: Was there
13 anything in those documents which said that that
14 loan was going to be forgiven?
15 SENATOR NOZZOLIO: Probably not,
16 Senator. I have not seen the documents,
17 Senator. I would have to say probably not. My
18 best guess would be probably not.
19 SENATOR LEICHTER: Thank you very
20 much, Senator Nozzolio.
21 The problem -
22 ACTING PRESIDENT WRIGHT: Senator
23 Leichter, on the bill.
24 SENATOR LEICHTER: The problem I
25 have with the bill -- I want to be as generous
1516
1 to Rochester and I want to be generous to every
2 community in the state of New York. I just want
3 to make sure that everybody is being treated
4 equally now.
5 I appreciate this is a bipartisan
6 measure and you have enlisted the aid and put
7 the name on of Senator Dollinger. It's rare
8 that, frankly, I see his name on these sort -
9 on bills, but I guess a bill of this sort, where
10 forgetting a loan, in effect, giving up monies
11 that belong to the people of the state of New
12 York, maybe that's the time you want to make
13 something bipartisan.
14 I've had a problem all along with
15 the Urban Development Corporation, with the ESD
16 because I think it often acts like a fourth
17 branch of government. It engages in financial
18 and economic activities that are outside of the
19 structure that we've set up in this state.
20 Now we're told that here they
21 made a loan. They got a mortgage, but then
22 somewhere along the line somebody promised that
23 that loan and mortgage would be forgiven. I
24 don't know who it was. I don't know what
25 documents it is. Apparently it's not in
1517
1 writing. Is this something that we should do?
2 Is this something that we owe the people of the
3 good city of Rochester? Is this good policy? I
4 don't know because, frankly, I have not been
5 given any reason that I can see to justify
6 taking an action. It's $1,500,000 that is still
7 some sum of money. It belongs to the people of
8 the state of New York. We are the stewards of
9 the monies that belong to the people of the
10 state of New York. We spend a lot of money. We
11 expend monies for a lot of purposes but at least
12 we're given some reason, some justification.
13 I, frankly, have not heard that
14 justification.
15 SENATOR DOLLINGER: Mr.
16 President.
17 ACTING PRESIDENT WRIGHT: Senator
18 Dollinger.
19 SENATOR DOLLINGER: Mr.
20 President, on this bill.
21 First of all, I want to thank
22 Senator Nozzolio. He was up running with the
23 football and perhaps I should have been up
24 blocking for him, but this is a bill that
25 confirms a deal that was made between the state
1518
1 of New York and the people of the Rochester
2 community. Is it in writing? No, it isn't in
3 writing, but I can tell you that I sat in
4 meetings with Lee Webb right in that hallway
5 with Senator Nozzolio which we had the following
6 discussion. We're going to take less money than
7 our proportionate share for the building of our
8 stadium than we would otherwise get. We're
9 going to take a million and a half dollars
10 less. Why? Because we need forgiveness of the
11 loan on the Silver Stadium site in order to be
12 able to convert the site to an economic
13 development use, otherwise we're going to have
14 the mortgage left on the property, and I don't
15 know what Senator Nozzolio heard but I'll tell
16 you what I heard. Lee Webb told me that at that
17 point he thought UDC could forgive the loan
18 unilaterally, that it didn't need the authority
19 of the state Legislature to give away -- to
20 forgive the million-and-a-half-dollar loan which
21 would, when added to the principal of cash that
22 we got, bring us up to a level equal to the
23 stadium funding that Buffalo got and Auburn got
24 and Geneva got and all the other places the New
25 York State stadium got.
1519
1 It was represented to us that the
2 loan could be released unilaterally. Subsequent
3 to that there were extensive discussions with
4 the Assembly and I believe the Senate Majority
5 counsel about whether there was a bill needed to
6 forgive the loan. They decided in order to
7 clear the title to allow this property on the
8 northeast side of Rochester, one of our poorest
9 communities in a site that's just waiting for
10 redevelopment, in fact, has a company willing to
11 buy half of it right off the bat to turn into
12 profitable use and turn into a business
13 enterprise.
14 We have pushed this bill, Senator
15 Nozzolio, Senator Alesi and Senator Maziarz had
16 picked it up and moved it, I appreciate that,
17 but this is a bill that will simply confirm the
18 final terms of a deal that every member of the
19 Monroe County Delegation has understood.
20 Senator, I'll agree it isn't in
21 writing. I'll agree it may not be the best
22 public policy not to have these things in
23 writing but this was in June of 1994. We were
24 out in the hall finishing off the stadium
25 funding. The question was how much Rochester
1520
1 would get versus how much Buffalo and the other
2 communities got. We got our fair share. If we
3 don't forgive this loan, we'll end up with less
4 than what we negotiated, less than the deal
5 called for and less than what we anticipated.
6 It was a time of hurry up and get
7 the legislation done but throughout the
8 discussions, the forgiveness of the loan to make
9 way for development in northeast Rochester to
10 bring jobs to the poorest part of Monroe County,
11 this was always part of the deal.
12 ACTING PRESIDENT WRIGHT: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 30th day.
16 ACTING PRESIDENT WRIGHT: Call
17 the roll.
18 (The Secretary called the roll.)
19 SENATOR LEICHTER: Mr. President.
20 ACTING PRESIDENT WRIGHT: Senator
21 Leichter.
22 SENATOR LEICHTER: Explain my
23 vote. I'm going to change my vote from last
24 year because the explanation of Senator
25 Dollinger was clear. I accept his word that
1521
1 that representation was made. Certainly it was
2 made to him, but I must say it's a poor way -
3 it's a poor way to do business, and I just
4 really caution everyone here, as I have over the
5 years, that we need to rein in the UDC and the
6 ESD. I don't know why Webb can say, well, we'll
7 forgive a million-five, and so on. It's just
8 not the way that we ought to be conducting the
9 business of the state of New York and certainly
10 not the monies of the state of New York to be
11 disbursed and dispensed in this way.
12 You say the promise was made.
13 You say that, if you don't get it, you're going
14 to be shortchanged. You say it's necessary to a
15 poor community in Rochester. I'll accept that.
16 I'll vote to it. Next time, though, put it in
17 writing.
18 ACTING PRESIDENT WRIGHT:
19 Results?
20 THE SECRETARY: Ayes 58.
21 ACTING PRESIDENT WRIGHT: The
22 bill is passed.
23 Senator Montgomery.
24 SENATOR MONTGOMERY: Mr.
25 President, I would like unanimous consent to be
1522
1 recorded in the negative on Calendars 179 and
2 205.
3 ACTING PRESIDENT WRIGHT: Without
4 objection, Senator Montgomery will be recorded
5 in the negative on Calendars 179 and 205.
6 SENATOR MONTGOMERY: Thank you.
7 ACTING PRESIDENT WRIGHT: Senator
8 Stavisky.
9 SENATOR STAVISKY: Mr. President,
10 I would like to be recorded in the negative on
11 Calendar 205.
12 ACTING PRESIDENT WRIGHT: Without
13 objection, Calendar 205 in the negative.
14 SENATOR STAVISKY: 250, I'm
15 sorry. Have we disposed of that already?
16 ACTING PRESIDENT WRIGHT:
17 Senator, 250 has not been taken up yet.
18 SENATOR STAVISKY: Withdraw the
19 request.
20 ACTING PRESIDENT WRIGHT: Thank
21 you.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 250, by Senator Bruno, Senate Print 706, an act
25 to amend the Vehicle and Traffic Law.
1523
1 SENATOR MAZIARZ: Mr. President.
2 ACTING PRESIDENT WRIGHT: Senator
3 Maziarz.
4 SENATOR MAZIARZ: Mr. President,
5 at the request of the sponsor, can we lay
6 Calendar Number 250 aside for the day, please.
7 ACTING PRESIDENT WRIGHT:
8 Calendar Number 250 will be laid aside for the
9 day.
10 Senator Maziarz, that completes
11 the controversial calendar. We would like to
12 return to standing committees reports.
13 SENATOR MAZIARZ: Yes, Mr.
14 President. There is an immediate meeting -
15 immediately following session, I should say -- a
16 meeting of the Committee on Racing, Wagering and
17 Gaming in Room 332.
18 ACTING PRESIDENT WRIGHT: Senator
19 Maziarz, there will be an immediate meeting of
20 the Racing Committee after session in Room 332.
21 ACTING PRESIDENT WRIGHT: We'll
22 return to reports of -- Senator Maziarz.
23 SENATOR MAZIARZ: Mr. President,
24 I would like to -- regarding the resolution
25 commemorating National Employer -- National
1524
1 Employ Older Workers Week, March 9th to 15th, to
2 be opened up for any other member that would
3 like to sign on.
4 ACTING PRESIDENT WRIGHT: The
5 resolution will be open to any member of the
6 Senate who wishes to sign on, please indicate.
7 Senator Maziarz, could we place
8 everyone on that resolution unless they -
9 SENATOR MAZIARZ: Yes.
10 ACTING PRESIDENT WRIGHT: So
11 ordered.
12 Senator Maziarz.
13 SENATOR MAZIARZ: Yes, Mr.
14 President. At this time could we return to
15 reports of standing committees.
16 ACTING PRESIDENT WRIGHT: The
17 Secretary will read.
18 THE SECRETARY: Senator Levy,
19 from the Committee on Transportation, reports
20 the following bills:
21 Senate Print 507, by Senator
22 Maziarz, an act to amend the Vehicle and Traffic
23 Law;
24 606, by Senator Levy, an act to
25 amend the Vehicle and Traffic Law, in relation
1525
1 to operation of vehicles;
2 749, by Senator Present, an act
3 to amend the Vehicle and Traffic Law, in
4 relation to snowmobile dealer registrations;
5 809, by Senator Johnson, an act
6 to amend the Vehicle and Traffic Law, in
7 relation to motorcycle accident reporting;
8 924, by Senator Levy, an act to
9 amend the Vehicle and Traffic Law;
10 927-A, by Senator Levy, an act to
11 amend the Vehicle and Traffic Law and the Public
12 Authorities Law;
13 928-A, by Senator Levy, an act to
14 amend the Railroad Law and the Penal Law;
15 1775, by Senator Levy, an act to
16 amend the Transportation Law;
17 1930, by Senator Libous, an act
18 to amend the Vehicle and Traffic Law, in
19 relation to the expiration of parking
20 violations.
21 Senator Meier, from the Committee
22 on Veterans and Military Affairs, reports:
23 Senate Print 2497, with
24 amendments, by Senator Meier, an act to amend
25 the Real Property Tax Law;
1526
1 2573, by Senator Meier, an act to
2 amend the Education Law and the Public Health
3 Law.
4 Senator DeFrancisco, from the
5 Committee on Tourism, Recreation and Sports
6 Development, reports:
7 Senate Print 1939, by Senator
8 DeFrancisco, an act to amend the Parks,
9 Recreation and Historic Preservation Law;
10 2970, by Senator DeFrancisco, an
11 act to amend the Navigation Law.
12 Senator Goodman, from the
13 Committee on Investigations, Taxation and
14 Government Operations, reports:
15 Senate Print 1477, by Senator
16 Cook, an act to amend the Tax Law, in relation
17 to extending authorization granted to the county
18 of Ulster;
19 1747, by Senator Seward, an act
20 to amend the Tax Law;
21 1858, by Senator Cook, an act to
22 amend the Tax Law, in relation to extending the
23 authorization granted to the county of Greene.
24 Senator Holland, from the
25 Committee on Social Services, offers up the
1527
1 following report:
2 Senate Print 231, by Senator
3 Holland, an act to amend the Social Service Law
4 and the Workmen's Compensation Law;
5 322, by Senator Holland, an agent
6 to repeal Section 147 of the Social Services
7 Law;
8 480, by Senator DeFrancisco, an
9 act to amend the Social Services Law;
10 2625, by Senator Tully, an act to
11 amend Chapter 693 of the Laws of 1996.
12 All bills directly for third
13 reading.
14 ACTING PRESIDENT WRIGHT: All
15 reports directly to third reading.
16 Senator Maziarz.
17 SENATOR MAZIARZ: Mr. President,
18 is there any other housekeeping at the desk?
19 ACTING PRESIDENT WRIGHT: There
20 is no housekeeping.
21 SENATOR MAZIARZ: There being no
22 further business, I move we adjourn until
23 Wednesday, March the 12th, at 11:00 a.m.
24 ACTING PRESIDENT WRIGHT: Motion
25 to adjourn. The Senate is adjourned until
1528
1 Wednesday, March 12th, at 11:00 a.m.
2 (Whereupon, at 4:07 p.m., the
3 Senate adjourned.)
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