Regular Session - May 17, 2000
3481
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 17, 2000
12:40 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
3482
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone present please rise
and join me in reciting the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, May 16, the Senate met pursuant to
adjournment. The Journal of Monday, May 15,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3483
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President.
On behalf of Senator Libous, would
you please place a sponsor star on Calendar
Number 487 and also Calendar Number 1144.
ACTING PRESIDENT MEIER: Sponsor
stars will be placed on Calendars 487 and
1144.
SENATOR KUHL: Also, Mr.
President, on behalf of Senator Bonacic, I
wish to call up his bill, Senate Print 4499,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
467, by Senator Bonacic, Senate Print 4499, an
act to amend the General Business Law.
3484
SENATOR KUHL: Mr. President, I
now move to reconsider the vote by which the
bill passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
SENATOR KUHL: Mr. President, I
offer up the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR KUHL: Also, Mr.
President, on behalf of Senator Maziarz, I
wish to call up his bill, Senate Print 5180A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
159, by Senator Maziarz, Senate Print 5180A,
an act to amend the State Administrative
Procedure Act.
ACTING PRESIDENT MEIER: Mr.
President, I now move to reconsider the vote
by which the bill passed.
3485
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
SENATOR KUHL: Mr. President, I
offer up the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR KUHL: Also, Mr.
President, I offer up amendments to the
following Third Reading Calendar bills:
By Senator Lack, on page 10,
Calendar Number 300, Senate Print 4686;
By Senator Padavan, on page 11,
Calendar Number 313, Senate Print 6508;
By Senator Goodman, on page 26,
Calendar Number 755, Senate Print 2028A;
By Senator DeFrancisco, on page 50,
Calendar Number 1060, Senate Print 5880;
And by Senator Skelos, on page 59,
Calendar Number 1156, Senate Print 7281A.
Mr. President, I move that these
bills retain their place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: Senator
3486
Kuhl, the amendments are received and the
bills will all retain their place on the Third
Reading Calendar.
SENATOR KUHL: Thank you.
ACTING PRESIDENT MEIER: Thank
you, Senator Kuhl.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, at this time may we have the
reading of the noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
7, by Senator Skelos, Senate Print 971, an act
to amend the Vehicle and Traffic Law, in
relation to out-of-state convictions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
3487
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
228, by Senator Bonacic, Senate Print 4858, an
act to amend the Executive Law, in relation to
the adoption of higher or more restrictive
standards.
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
307, by Senator Kuhl, Senate Print 3243, an
act to amend the -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
309, by Senator McGee, Senate Print 3874A, an
act to amend the Alcohol Beverage Control Law,
in relation to mandatory license.
3488
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
411, by Senator Libous, Senate Print 2096, an
act to amend the Penal Law, in relation to the
provision of large quantities.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40. Nays,
1. Senator Duane recorded in the negative.
3489
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
609, by Senator Farley, Senate Print 7025, an
act to amend the Public Authorities Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
627, by Senator Farley, Senate Print 7101, an
act to amend Chapter 223 of the Laws of 1996
amending the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3490
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
720, by Senator Hannon, Senate Print 7368, an
act to amend Chapter -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
732, by Senator Goodman, Senate Print 4036A,
an act to amend the Public Officers Law, in
relation to the reimbursement of defense
costs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
3491
is passed.
THE SECRETARY: Calendar Number
773, by Senator DeFrancisco, Senate Print
2347, an act to amend the Navigation Law, in
relation to the operation of a vessel.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
777, by Senator McGee, Senate Print 5836, an
act to amend the Navigation Law, in relation
to the operation of a vessel.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
3492
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
778, by Senator McGee, Senate Print 7030A, an
act to amend Chapter 533 of the Laws of 1993
amending the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, there will be an immediate meeting
of the Children and Families Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER:
3493
Immediate meeting of the Children and Families
Committee in the Majority Conference Room.
The bill is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
779, by Senator McGee, Senate Print 7365, an
act to amend the Vehicle and Traffic Law, in
relation to the consumption or possession.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
794, by Senator Maziarz, Senate Print 7679A,
an act to amend Chapter 433 of the Laws of
1997 amending the Public Health Law.
ACTING PRESIDENT MEIER: Read the
3494
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
808, by Senator Maziarz, Senate Print 7232, an
act to amend the Executive Law, in relation to
increasing income eligibility.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
944, by Senator Larkin, Senate Print 4625A -
3495
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
958, by Senator Larkin, Senate Print 6966, an
act to repeal the second undesignated
paragraph of Section 207 of the Racing,
Pari-Mutuel Wagering and Breeding Law.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
969, by Senator Balboni, Senate Print 5343, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to the
issuance of orders of protection.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
3496
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
998, by Senator Meier, Senate Print 7159, an
act to amend the Labor Law, in relation to the
security plans.
THE SECRETARY: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1015, by Senator Saland, Senate Print 7596, an
act to amend the Penal Law, in relation to
including school buses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
3497
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1020, by Senator LaValle, Senate Print 1198,
an act in relation to the Long Island Suburban
Highway Improvement Program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1058, by Senator Goodman, Senate Print 4153,
an act to amend the Tax Law and the
Administrative Code of the City of New York,
in relation to the seizure and forfeiture.
3498
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1063, by Senator Skelos, Senate Print 6802, an
act to amend Chapter 704 of the Laws of 1991
amending the Arts and Cultural Affairs Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
3499
THE SECRETARY: Calendar Number
1065, by Senator Meier, Senate Print 6847, an
act to amend the Tax Law, in relation to
permitting the County of Oneida.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Section 6 of Part KK of Chapter 407 of the
Laws of 1999.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1093, by Senator Stafford, Senate Print 7007,
an act to amend the Executive Law, in relation
to the disclosure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3500
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1125, by Senator Morahan, Senate Print 6735,
an act to amend Chapter 631 of the Laws of
1997 amending the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1142, by Senator Maziarz, Senate Print 7799,
an act to amend Chapter 841 of the Laws of
1987, relating to the combined senior citizens
services center.
ACTING PRESIDENT MEIER: Read the
3501
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1145, by Senator Libous, Senate Print 7145, an
act to amend Chapter 744 of the Laws of 1992
amending the Mental Hygiene Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1162, by Senator Meier, Senate Print 1250A, an
3502
act to amend the Education Law and the Public
Health Law, in relation to the licensing of
members.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo, that concludes
the reading of the noncontroversial calendar.
SENATOR FUSCHILLO: Thank you,
Mr. President. May we now take up the reading
of the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
228, by Senator Bonacic, Senate Print 4858, an
act to amend the Executive Law, in relation to
the adoption of higher or more restrictive
3503
standards.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested of
Calendar 228 by Senator Hevesi.
SENATOR BONACIC: Thank you, Mr.
President.
This legislation is intended to
amend the Building Code Act, which comes under
Executive Law Article 18. It provides that
local governments may not adopt higher or more
restrictive standards for construction that
are applicable generally within the local
government by the Uniform Fire Prevention and
Building Code, unless the code counsel
provides its prior approval.
What happens in present law is that
a locality, whether it's a city, village or
town, can adopt a higher or more restrictive
building code change. Within 30 days, they
kick that petition up to Albany. Albany -
the State Building Code -- would then review
what the local municipality did. It has to
meet three standards.
And those standards are that it is
3504
in fact a higher and more restrictive standard
than what the State Building Code is, number
one; that the new standard is reasonably
necessary because of certain conditions in
that local municipality; and, of course, that
the standard has to meet engineering and fire
safety practices with respect to construction.
Now, they have up to 180 days, the
state, to approve it or not. And if they veto
it, it goes back to that municipality and it
then becomes null and void.
So the problem is this. Under
local law -- let's take a municipality, any
one, adopts a higher restrictive standard.
You come in. You're a developer. You now put
an application before that municipality. You
have to conform to that tougher standard.
Albany takes five months to decide
if it's valid or not. Let's say they veto it.
It goes back to that municipality, and that
higher condition of cost and higher standards,
it doesn't apply. But it does apply to that
applicant that started it and got caught in
this process.
So what the new law says is, Okay,
3505
municipality, give us six months to decide
whether or not what you did was okay. And if
it is okay, we'll let you know within six
months, and then you impose it. It doesn't
apply immediately when the local municipality
adopts it.
That's the purpose of the
legislation.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Would the
sponsor yield?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for a question?
SENATOR BONACIC: Yes, I do.
SENATOR HEVESI: I thank you for
that explanation. I very much understand and
can appreciate wanting to not disenfranchise
developers and contractors as they go forward
with the construction process.
My question for you is in your same
hypothetical example, let's say ultimately,
whatever the more stringent fire safety
standard which the locality is trying to
3506
implement, ultimately it will be approved by
the code counsel. And the development, the
construction will begin immediately under
current law, under the more restrictive
standards.
If the code counsel will ultimately
approve the higher, more restrictive
standards, you have a situation where we're
protecting that local community.
As opposed to if this legislation
passed, you could have a situation where the
contractor now goes ahead, does not build with
the new, more restrictive standards, and for
five or six months while the code counsel is
deliberating, you now have a structure that's
built that doesn't adhere to more stringent
standards, and the code counsel ultimately
says, You do need the more stringent
standards.
My question to you is, in that
instance, is there anything that makes that
developer go back and refit or retrofit his
entire structure so that it does comply with
the new standards?
SENATOR BONACIC: The answer is
3507
no. Under this legislation, that developer
would be home free in meeting the construction
standards of the municipality before the
Building Code ratified their request.
SENATOR HEVESI: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Mr. President,
the problem with that situation is that it can
kill somebody, it can cost somebody's life.
What we're talking about here is
bringing buildings up to standards where we're
preventing the spread of a fire in a
particular situation, where we're trying to
thwart the spread of smoky conditions, we're
trying to make contractors use better
materials to slow the spread of fire to save
people's lives.
And I'm not sure we want to move in
the direction of saying to a locality, You
can't go ahead with these more stringent
standards until a four-, five-, six-month
approval process has been completed.
Whether or not, incidentally, it
3508
ultimately gets approval. Because in a
situation where it does get approval, the one
we just laid out, now we didn't protect that
locality for however long the time period is
until the code counsel decides we're going to
make it a more restrictive standard. So we
just left that community naked, if you will,
from protection for six months.
I'm not sure why we'd want to move
in that direction. I understand the purpose
of this bill is to ensure that we don't hurt
contractors in the other eventuality, the flip
side of this coin, which is the locality
proposes a new change, a more stringent
change, the contractor has to go ahead and
build with the more restrictive change, and
then, for whatever reason, the code counsel
decides, no, it doesn't fit one of the three
criteria that Senator Bonacic laid out, and
therefore the contractor will have spent money
in excess of what would have been required of
him.
And while I can appreciate that,
when you are balancing these interests on a
scale, the potential for the loss of the life
3509
and property and injury to people or the
potential disenfranchisement of a
contractor -- who incidentally, even if the
building counsel decides, the code counsel
decides at some later point that it doesn't
comply with the three situations as
stipulated, it probably was a good idea in the
first place, or there was a good reason why
the locality wanted to do it, even if the code
counsel didn't see it that way.
So you don't have the more
stringent requirement, and we've
disenfranchised the contractor, but ultimately
we may have protected somebody for those six
months, and it's highly unlikely that the
contractor will go back on his more stringent
requirements.
So even in that one circumstance,
while I can appreciate that we may be doing
some economic damage in a very narrow
situation, the greater good I don't believe is
served at all by allowing this legislation to
go through, which would leave bare, leave
barren the protections that a locality would
have imposed on its contractors for building
3510
with reference to fire safety issues.
So I don't think this is a good
idea. I understand its purpose; I certainly
do not think it's a good idea. And, Mr.
President, I'm going to be voting no on this.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: I wanted to add
a couple of comments to clear the air on some
of the remarks that were made by Senator
Hevesi.
First of all, we have a State
Building Code that is adequate and sufficient
to protect life and property. What we're
trying to discourage is to have, in different
municipalities, such restrictive legislation
that it's difficult to determine where to do
business.
You may go in Municipality A and
they may not want any growth, so therefore
their request is exorbitant. And you go to
Municipality B, maybe it's half exorbitant, a
different set of rules.
And what you have, what you start
doing is you start diluting the State Building
3511
Code. You don't have a comprehensive plan or
a message for anyone that wants to come into
the state to develop in any municipality in
the state of New York.
One of the things we're trying to
do is always to elevate our standards for
safety in construction and fire prevention.
That's always a goal. I submit to you that
that's presently in place.
And we are now looking, and we will
be coming to this body, I would say in
probably less than 18 months, with an overhaul
of the State Building Code. And one of the
things we're trying to discourage is 500
municipalities going in 500 different
directions with 500 different standards.
And that is confusing. It's
counterproductive to economic development. It
has nothing to do with the protection of
people and safety, because the State Building
Code standards are in place now.
So those remarks are saying that
everyone's at risk, property's at risk. I
just don't believe it to be true.
Thank you, Mr. President.
3512
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for a question?
SENATOR BONACIC: I will, yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator
Bonacic, wouldn't it make more -- maybe I'm
not quite grasping this. But we do have a
standard of building codes that are
promulgated by the State of New York -
SENATOR BONACIC: That's correct.
SENATOR ONORATO: -- that would
apply to all of the communities and
municipalities throughout the state.
SENATOR BONACIC: That's correct.
SENATOR ONORATO: Wouldn't it
make sense that before any municipality were
to go ahead with any type of construction at
all that they get preclearance from the state
if they wish to deviate from the current law?
Wouldn't that really cut to the heart of the
3513
whole matter?
SENATOR BONACIC: It would.
SENATOR ONORATO: And wouldn't
that simplify the bill?
SENATOR BONACIC: It would.
SENATOR ONORATO: And everybody
would know if -- does your bill do that?
SENATOR BONACIC: My bill
accomplishes pretty much the goal that you're
talking about. That's not existing law, what
you just are trying to accomplish.
Right now, under existing law, if
that local municipality adopts that law, it's
law regardless of what the state does. The
state has up to six months to decide. They
could decide in 30 days or six months. If
they don't address it, it's an automatic
approval after six months.
But my point is, the local higher
standard and more restrictive building code
would be effective immediately. And now, six
months -- up to six months later, the State
Building Code people could veto it and
therefore the local municipality has to go
back to square one. That's the law now.
3514
And what I'm saying under this
proposal is that what the local municipality
wants to do is held in abeyance until the
State Building Code says it's good idea or
it's a bad idea. That's what my legislation
does.
SENATOR ONORATO: Thank you,
Senator.
On the bill.
ACTING PRESIDENT MEIER: Senator
Onorato, on the bill.
SENATOR ONORATO: I just want to
make it clear for the record that that's the
intent of this legislation, is that before any
type of construction moves forward when they
deviate from the current state requirements
for the building, that no construction shall
commence until final approval is given.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
3515
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
to explain my vote.
I believe Senator Onorato's
suggestion is a good suggestion that
preclearance be mandated in the law as long as
we had an expedited timetable for that
preclearance. Because, again, then we don't
want to find ourselves in the situation where
it could take six months or what have you to
preapprove more stringent regulations, the
failure to enact them compromising people's
safety and security.
I would suggest to Senator Bonacic
that if his legislation was directed at making
a less stringent -- reducing the requirements,
I would agree with him completely, that before
that could happen, the code counsel would have
to review it.
But in a situation where they're
making it more stringent, that's the
prerogative of the locality, I believe. And
we don't want to shift the burden to make it
more difficult to impose greater restrictions.
3516
And if ever the code counsel has
agreed with the municipality under current law
and said, Yeah, you're right, you can go
ahead, where they don't even need the
approval, but you can go ahead and implement
it after the fact, after the 30 days, then
that is proof that a locality, because of
certain conditions, deemed it necessary and in
fact it was necessary to make it more
stringent.
If that ever happens again and we
have prevented that municipality from enacting
those regulations for however long it takes
for the code counsel to approve, we have by
definition made the conditions in that
locality less safe than they would have been
were the locality to have enacted the
legislation immediately.
And in terms of the standards for
businesses determining whether or not this is
a good place to do business because of the
variances in building code throughout the
state, I would simply suggest that the
localities that are making these
determinations are elected into office, they
3517
are making those decisions, and they'll have
to weigh whether a business will want to do
business in that locality as a consequence of
their building code in that locality -- in the
very same way that when localities decide how
much they're going to tax businesses or tax
their residents, they also have to weigh what
the consequences are to businesses.
I submit to everyone in this
instance that this legislation is not in the
public interest. I vote no.
ACTING PRESIDENT MEIER: Senator
Hevesi will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 228 are
Senators Coppola, Duane, Gentile, Hevesi,
Onorato, and Paterson. Ayes, 51. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
720, by Senator Hannon, Senate Print 7368, an
act to amend Chapter 884 of the Laws of 1990
amending the Public Health Law.
3518
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Hannon, an explanation has been requested of
Calendar 720 by Senator Duane.
SENATOR HANNON: This bill would
extend for one year certain provisions of the
Public Health Law which allow payments to be
made to diagnostic and treatment centers for
the amount of care that they provide for what
we call uncompensated care, those who are not
otherwise covered by insurance nor by
Medicaid.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you. Would
the sponsor yield?
ACTING PRESIDENT MEIER: Senator
Hannon, do you yield for a question?
SENATOR HANNON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering why
there isn't -- if there's any reason why this
can't be made permanent.
3519
SENATOR HANNON: Well, we've
traditionally extended it because there has
been a varying number of these diagnostic and
treatment clinics. There has also been -
some of these clinics come under state
licensure and federal licensure, and there's
been different treatment of the ones for
federal licensure by the federal government
for Medicare.
Second, there's been an increase in
these numbers, and there's been some thought
by some people in the health care community
that we ought to be expanding.
And therefore, with all of the
uncertainty, there hasn't been a firm ground
and a firm really view as to where we're going
with this, and so we've continued it from year
to year. Because what we do need to do as a
concensus is to make sure that these clinics
stay alive and are able to treat the people.
Some of these clinics, such as the
ones that are in your district, do yoeman work
in making sure people who would otherwise not
be covered receive medical care.
SENATOR DUANE: If the sponsor
3520
would continue to yield.
ACTING PRESIDENT MEIER: Senator
Hannon, do you continue to yield?
SENATOR HANNON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you.
I'm also curious as to whether or
not this isn't a matter which could have been
dealt with as part of the HCRA legislation
which we dealt with earlier.
SENATOR HANNON: Part of it is.
Part of it, it well could have been, but it
wasn't.
SENATOR DUANE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
3521
is passed.
THE SECRETARY: Calendar Number
944, by Senator Larkin, Senate Print 4625A, an
act to amend the General Municipal Law, in
relation to the establishment.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, an explanation has been requested of
Calendar 944 by Senator Paterson.
SENATOR LARKIN: Senator
Paterson, this is a bill we had last year.
And this is a mega shopping plaza within my
district of 260-some stores.
And the town and the property
owners of Woodbury Commons have sought to
establish a district that we've established in
other places throughout the state in order to
give them greater control of the traffic in
there and law enforcement.
They're going to contract with the
town. There will be no expense for the town.
As a matter of fact, there will be a profit to
the town.
ACTING PRESIDENT MEIER: Senator
Paterson.
3522
SENATOR PATERSON: Mr. President,
if Senator Larkin would yield for one
question.
ACTING PRESIDENT MEIER: Senator
Larkin, will you yield?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: So therefore,
I can understand from what what you're saying,
Senator, that there will be no taxes assessed
to anything other than commercial -
SENATOR LARKIN: Nothing at all,
sir.
SENATOR PATERSON: Thank you.
Last section.
ACTING PRESIDENT MEIER: Read the
last section.
Oh, I'm sorry, the record should
note there is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3523
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
958, by Senator Larkin, Senate Print 6966, an
act to repeal the second undesigated
paragraph.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Larkin, an explanation has been requested of
Calendar 958 by Senator Duane.
SENATOR LARKIN: Senator Duane,
this is a bill requested by the Racing and
Wagering Board.
These hunts are something that used
to be of importance years ago, but today they
do not amount to anything. Currently there's
an application fee of $25 a day, and the board
may issue no more than ten licenses in a
racing season.
And this is when they've had -
many of you have read about in Virginia when
3524
they would have the hunt and they would line
up at 6 o'clock in the morning and go. Here
we don't have them. In the past year, there
hasn't been one request. In the past three
years, there's only been two requests.
Hunts are not held on the grounds
of any racing association; they're on private
property. And participants are not licensed
by the Board. So the Board of Racing and
Wagering does not feel that this is something
that we should just continue on with.
SENATOR DUANE: If the sponsor
would yield, Mr. President.
ACTING PRESIDENT MEIER: Senator
Larkin, do you yield for a question?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering,
what is a hunt club? Is it like an
organization with -- is it like a 501(c)(3),
or do they have like -
SENATOR LARKIN: They don't have
to be a 501(c)(3). It can just be a private
3525
club with no entities of financial support
from anybody but themselves.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Larkin, do you continue to yield?
SENATOR LARKIN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Because this is a
new concept for me, that's why I'm asking
these questions -
SENATOR LARKIN: I cannot hear
him, Mr. President.
SENATOR DUANE: I was prefacing
my comment by saying because this is a new
concept for me, the state hunt clubs.
I'm assuming that the purpose of
this is that if hunts happen on private
property, you shouldn't need to have a
license. But if a hunt happens on public
property, under this legislation, then, they
would not -- they still wouldn't need to have
a license.
3526
SENATOR LARKIN: If they were
going to have it at -- say, at the Saratoga
Raceway or the State Fair, they would have to
have something. But within the private
sector, there's no requirement for it.
And the number-two issue is why
keep all of those forms around when nobody's
used them, nobody's having them anymore?
Twenty-five and 30 years ago, this was a big
issue. Twenty-five and 30 years, they used to
use 50 to 100 of these in the State of New
York a year.
SENATOR DUANE: Thank you. Thank
you, Mr. President.
On the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm going to be
conflicted until the last moment, because I am
concerned about those foxes that I think -
that's what in England they're always chasing
after those cute little foxes, aren't they, in
these hunts?
So I'm just concerned about the
health and safety of those foxes here in the
3527
great State of New York.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo, that concludes
the controversial calendar.
SENATOR FUSCHILLO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR FUSCHILLO: There being
no further business to come before the Senate,
I move we adjourn until Monday, May 22nd, at
3:00 p.m.
ACTING PRESIDENT MEIER: On
3528
motion, the Senate stands adjourned until
Monday, May 22nd, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 1:14 p.m., the
Senate adjourned.)