Regular Session - May 30, 2002
3742
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 30, 2002
3:13 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
3743
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
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 each please 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,
Wednesday, May 29, the Senate met pursuant to
adjournment. The Journal of Tuesday, May 28,
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.
3744
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR SKELOS: Mr. President.
SENATOR FARLEY: Thank you -- go
ahead. You go.
SENATOR SKELOS: I was going to
call a meeting of the Banks Committee. But
since you're making the motion, I think we'd
better do that.
SENATOR FARLEY: I'll pass these
on to someone else.
There's going to be an immediate
meeting of the Banks Committee.
ACTING PRESIDENT MEIER: Meeting
of the Banks Committee, immediately, in the
Majority Conference Room.
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President. If we're on motions, I will offer
amendments to the following Third Reading
3745
Calendar bills:
By Senator Maltese, on page 8,
Calendar Number 160, Senate Print Number
2591B;
By Senator Spano, page 29, Calendar
Number 662, Senate Print Number 6228;
By Senator Marcellino, on page 35,
Calendar Number 768, Senate Print Number 7094;
By Senator Rath, on page 38,
Calendar Number 813, Senate Print Number 3819;
By Senator Stafford, on page 38,
Calendar Number 814, Senate Print Number 3820;
By Senator Morahan, on page 40,
Calendar Number 840, Senate Print Number
6182B;
By Senator Skelos, on page 53,
Calendar Number 1029, Senate Print Number
7153;
By Senator Larkin, on page 57,
Calendar Number 1085, Senate Print Number
5325;
By Senator Skelos, on page 57,
Calendar Number 1092, Senate Print Number
6633;
Also by Senator Skelos, on page 57,
3746
Calendar Number 1093, Senate Print Number
6634;
And finally, Mr. President, by
Senator Nozzolio, on page 59, Calendar Number
1114, Senate Print Number 7196.
I now offer that these bills retain
their place on the order of third reading, Mr.
President.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
Senator Spano.
SENATOR SPANO: Mr. President, I
wish to call up the following Senate bills,
which have been recalled from the Assembly and
are now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
274, by Senator Marcellino, Senate Print
4754A, an act to amend the Navigation Law.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
3747
THE SECRETARY: Ayes, 37.
SENATOR SPANO: Do you want to
read the entire list, Mr. President?
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
322, by Senator Rath, Senate Print 6048, an
act to amend the General Municipal Law.
Calendar Number 330, by Senator
Trunzo, Senate Print 5027, an act to amend the
Public Authorities Law.
Calendar Number 339, by Senator
Balboni, Senate Print 850A, an act to amend
the Family Court Act.
Calendar Number 537, by Senator
Morahan, Senate Print 1116, an act to amend
the Agriculture and Markets Law.
Calendar Number 586, by Senator
Saland, Senate Print 6748, an act creating.
Calendar Number 607, by Senator
Volker, Senate Print 2305, an act to amend the
Penal Law.
Calendar Number 1229, by Senator
Velella, Senate Print 6761, an act to amend
the Real Property Tax Law.
3748
Calendar Number 104, by Senator
Larkin, Senate Print 2655A, an act to amend
the General Municipal Law.
Calendar Number 1014, by Senator
Larkin, Senate Print 6221, an act to amend the
Real Property Tax Law.
And Calendar Number 149, by Senator
Leibell, Senate Print 5082, an act to amend
the Highway Law.
SENATOR SPANO: Mr. President, I
move that we reconsider the vote by which
these bills passed the house.
ACTING PRESIDENT MEIER: The
Secretary will, for all the aforementioned
bills, call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: I now offer the
following amendments to the bills.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
3749
President, I wish to call up Calendar Number
674, Assembly Print Number 3672B.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
674, by Member of the Assembly Perry, Assembly
Print Number 3672B, an act authorizing the
City of New York.
SENATOR DOLLINGER: I now move to
reconsider the vote by which this Assembly
bill was substituted for my bill -- this is on
behalf, by the way, of Senator Sampson.
I now move to reconsider the vote
by which this Assembly bill was substituted
for my bill, Senate Print Number 1720A, on
April 24th.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: I now move
that Assembly Bill Number 3672B be committed
to the Committee on Rules and that my Senate
3750
bill be restored to the order of the Third
Reading Calendar.
ACTING PRESIDENT MEIER: So
ordered.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I now offer the following
amendments to the bill.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
believe there's one substitution at the desk.
ACTING PRESIDENT MEIER: Yes,
there is. Should we do that now?
SENATOR SKELOS: If we could do
that at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 34,
Senator DeFrancisco moves to discharge, from
the Committee on Energy and
3751
Telecommunications, Assembly Bill Number 1270B
and substitute it for the identical Senate
Bill Number 579A, Third Reading Calendar 750.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
move that we adopt the Resolution Calendar in
its entirety.
ACTING PRESIDENT MEIER: The
question is on the adoption of the Resolution
Calendar in its entirety. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
3752
calendar.
THE SECRETARY: Calendar Number
117, by Senator Wright, Senate Print 3931A, an
act to amend the Executive Law, the State
Technology Law, and the State Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
293, by Senator Seward, Senate Print 2810A, an
act to amend the Insurance Law, in relation to
risk-based capital requirements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1, 2003.
ACTING PRESIDENT MEIER: Call the
roll.
3753
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38. Nays,
1. Senator Velella recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
299, by Senator Velella, Senate Print 3813, an
act to amend the Executive Law, in relation to
the voting members.
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, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
358, by Senator Hannon, Senate Print 5031, an
act to amend Chapter 314 of the Laws of 1984,
amending the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
3754
THE SECRETARY: Section 2. This
act shall take effect immediately.
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
451, by Senator Saland, Senate Print 5056A, an
act to amend the Tax Law, in relation to the
filing of certificates.
SENATOR DOLLINGER: Lay that bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
559, by Senator Larkin, Senate Print 3403A, an
act to amend the General Municipal Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
3755
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
563, by Senator Meier, Senate Print 4175, an
act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT MEIER: 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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
569, by Senator Bonacic, Senate Print 5699, an
act to amend the Real Property Tax Law, in
relation to taxable status.
SENATOR DOLLINGER: Lay it aside,
3756
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
571, by Senator DeFrancisco, Senate Print
6144, an act to amend Chapter 492 of the Laws
of 2000 amending Chapter 679 of the Laws of
1992.
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, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
611, by Senator Balboni, Senate Print 5850A,
an act to amend the Penal Law, in relation to
disseminating.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 17. This
3757
act shall take effect on the first day of
November.
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
663, by Member of the Assembly Sweeney,
Assembly Print Number 9749, an act to amend
Chapter 572 of the Laws of 1994.
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, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
664, by Member of the Assembly Englebright,
Assembly Print Number 10018, an act to amend
3758
Chapter 841 of the Laws of 1987.
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, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
787, by Senator LaValle, Senate Print 3181, an
act to amend the Real Property Law, in
relation to lien of condominium homeowners'
association.
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, 41.
ACTING PRESIDENT MEIER: The bill
3759
is passed.
THE SECRETARY: Calendar Number
824, by Senator Skelos, Senate Print 6386A, an
act authorizing the assessor of the County of
Nassau.
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, 42. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
845, by Senator Trunzo, Senate Print 6815, an
act to amend the Railroad Law, in relation to
farm crossings.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
3760
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
852, by Senator Nozzolio, Senate Print 7195B,
an act to amend the Highway Law, in relation
to the designation of the Lake Ontario Wine
Trail.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. 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
970, by Member of the Assembly Schimminger,
Assembly Print Number 9980, an act to amend
the General Business Law, in relation to
3761
exempting.
SENATOR KUHL: Star the bill.
ACTING PRESIDENT MEIER: Star the
bill at the request of the sponsor.
THE SECRETARY: Calendar Number
1011, by Senator Stachowski, Senate Print
2558B, an act to amend the General Municipal
Law, in relation to notification.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
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
1015, by Senator Leibell, Senate Print 6366,
an act in relation to establishing a period of
probable usefulness.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
3762
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
1025, by Senator Wright, Senate Print 6978, an
act to amend the Real Property Tax Law, in
relation to reducing.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1057, by Senator Alesi, Senate Print 6565, an
act to amend the Public Authorities Law, in
relation to the power of the New York State
Job Development Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
3763
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1096, by Senator Spano, Senate Print 6967, an
act to amend the Public Authorities Law, in
relation to extending.
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, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1097, by Senator Fuschillo, Senate Print 7017,
an act to amend the Public Authorities Law, in
relation to enabling.
3764
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1147, by Senator Volker, Senate Print 6272, an
act to amend Chapter 341 of the Laws of 2001.
ACTING PRESIDENT MEIER: 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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3765
1212, by Senator Padavan, Senate Print 542, an
act to amend the Penal Law, in relation to
possession of gambling devices.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. 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, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1216, by Senator Kuhl, Senate Print 1788, an
act to amend the Tax Law, in relation to
including income.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
3766
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: On page 19,
Calendar Number 451, by Senator Saland, Senate
Print 5056A, an act to amend the Tax Law, in
relation to the filing of certificates.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Dollinger has requested an
explanation of Calendar 451.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, what this bill would
do would be to allow corporations, upon
dissolution, to have additional time than is
3767
currently provided, giving them either 90 days
or until March 15th of that tax year,
whichever would be later.
And the purpose here is primarily
to assist smaller corporations which find
themselves in a situation in which they
dissolve, have no tax liability, and find that
they haven't done so in a timely fashion, for
which they incur additional charges which
could be avoided if they were given a
lengthier period of time within which to make
those filings.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will just yield
to a question.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator, what
struck me as interesting about this bill, at
3768
least in my own experience, the certificate of
dissolution almost never gets filed. What
actually happens is these companies sort of go
out of existence, their shareholders sort of
let the company sit there. Seldom is the
actual dissolution process completed.
And so my question is, how many
corporations or what kind of impact do you
think this measure would have on the
assessment of the penalties? And as I think
you probably note, in many cases they don't
even collect them.
SENATOR SALAND: I would think
that the impact would be nominal, because,
practically speaking, most corporations just
seem to evaporate.
But for those who pursue the law
and wish to follow the law and file a
certificate of dissolution, it would certainly
seem to me to be particularly harsh to punish
them for their intended good deeds by
following the law, whereas others who don't,
you know, have no problem.
SENATOR DOLLINGER: I agree with
Senator Saland. I'm going to vote in favor of
3769
this bill.
But that was my only question, was,
as you know, most people, when the idea
doesn't work, they let the corporate books sit
there. I was pawing through one yesterday,
Senator Saland, that had the original
certificate for the meeting of the
shareholders in 1974 and nothing else in it.
So I was just intrigued by how much
this -
SENATOR SALAND: I suspect we've
both seen more than one corporate kit that's
never been opened.
SENATOR DOLLINGER: Absolutely.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
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, 48.
3770
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
569, by Senator Bonacic, Senate Print 5699, an
act to amend the Real Property Tax Law, in
relation to taxable status.
SENATOR DOLLINGER: Explanation,
please.
SENATOR BONACIC: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: This is an act
to amend the Real Property Tax Law, in
relation to the taxable status of electric
generating facilities and payments in lieu of
taxes of electric generating facilities.
The purpose of the bill would be to
amend the law to create a local option for
local governments to ameliorate any impact of
the sale of electric generating facilities on
local real property taxes.
Right now, there is existing law
which creates this local option for local
governments to ameliorate any impact of the
3771
sale of nuclear-powered electric generating
facilities on local real property taxes. It
does not apply to electric generating
facilities.
This legislation would expand it to
include electric generating facilities.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for a question?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: If the plant
is sold for significantly less than it's
carried on the value of the local assessing
unit, is there a requirement in this bill that
they enter into a pilot agreement for a
stepped-down or a phased-down reduction?
What's the incentive for a property
owner, including an electrical generating
plant, to enter into an agreement to, in
essence, keep their tax level artificially
3772
higher than the value established by an arm's
length sale?
SENATOR BONACIC: A couple of
things. First of all, some power companies do
not want to litigate and -- or go through a
certiorari proceeding. Therefore, they're
very interested in their image and public
relations.
So that's another incentive to
enter into a pilot agreement instead of going
through an Article 78 proceeding.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
SENATOR BONACIC: I do.
SENATOR DOLLINGER: Is there
anything in the bill that requires them to
participate in the pilot?
SENATOR BONACIC: There is not.
And if they do not participate in a
pilot agreement, the land would be assessed by
the local assessor.
As you know, right now these are
what we call specialty properties. The Office
of Real Property Tax Service certifies those
3773
assessments which the local assessor would put
a value on.
But there's nothing to mandate a
pilot agreement.
SENATOR DOLLINGER: Okay.
Through you, Mr. President, just if the
sponsor will yield to one more question.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: What has the
experience been with respect to the special
pilot agreements for nuclear power plants, if
there's no incentive for -- and as you know,
these are major property-tax payers. You
think of the Ginna plant in Wayne County.
Or the ones that I know were in
Senator Wright's district up in Oswego when
they were sold, and there was a significant
reduction in the property value associated
with the nuclear plants.
Did those plants actually come to
the table and enter into pilot agreements with
3774
the school districts in the counties in which
they were located?
SENATOR BONACIC: It's a good
question. I know my good friend and colleague
Senator Wright may be more knowledgeable on
this than I.
But I do believe that in the
majority of the seven nuclear plants in the
state of New York, there were pilot
agreements.
SENATOR DOLLINGER: Just on the
bill briefly, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I think I
said this at the time when we entered into the
bill with respect to the nuclear power plants:
This is one of the impacts, one of the sort of
unspoken impacts of the deregulation of our
utility business.
That the consequence of selling off
generation is that plants that have been
carried at substantially inflated values and,
frankly, been major, major, if not
overwhelming contributors to the tax base,
3775
suddenly have an enormous reduction in value
from the billions to the hundreds of millions.
And as a consequence, there's an
enormous tax shift in the short run from these
single, big business payers and the tax base
gets spread out to residential payers.
I'm not opposed to the idea of
pilot agreements, but I find it intriguing
that one of the reasons why we're going to a
competitive power system is to reduce
unnecessary costs to utilities. And if one of
those unnecessary costs is that they've had an
artificially inflated value for their
generation, then it seems to me that's a huge
savings for the utility that could be passed
on in the form of lower rates.
The pilot agreement really strays
from that notion, from that free market notion
of only being assessed at current value.
I'm going to vote in favor of this
bill, and I perhaps will get some additional
information about how the nuclear plants have
done. Because I guess this lawyer would say
that if I was entitled, under law, to a
fair-market valuation of my property, I should
3776
take my fair-market valuation and take a huge
reduction in the property taxes and pass that
savings on to electrical rate payers.
So I'd be fascinated to see how the
electrical bill works. But if there's enough
experience, as Senator Bonacic suggests, that
this can work across the board, I'll buy in on
that basis.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Thank you, Mr.
President. On the bill.
I can speak to some of the
experience that we've seen in our district.
And in fact, Senator Bonacic has a bill that
is appropriate and applicable to the industry
because it will produce savings that get
passed on to the ratepayer by virtue of
achieving those reductions and achieving those
reductions by mutual agreement.
Because that in fact is what has
been achieved historically, a mutual agreement
between the utilities and the taxing entities,
because there's a win-win in both situations.
The utility achieves a reduction in terms of
3777
the tax liability. That gets passed on
directly to the ratepayers, because of course
taxes are only an add-on.
Secondly, the municipalities
benefit because they are allowed a soft
landing. They get to phase down the
reductions in taxes, allowing them to adjust
their expenditures, adjust their tax base.
And the motivation for that is to
provide for a soft landing, to provide an
adjustment. And the utilities recognize that
given the size of the portion of the tax roll
that they pay, they can have an extremely
disadvantaged -- have an extreme disadvantage
to the ratepayers and the taxpayers.
So all parties are interested in
achieving a reasonable solution to what can be
a very expensive problem and a very timely and
expensive problem when you go through the
litigation process.
So I think we've seen the
experience. I think the experience has been a
positive one. And I would encourage my
colleagues to extend this experience to other
generators in the state.
3778
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The debate is closed.
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, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: If I could
interrupt, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1025, by Senator Wright, Senate Print 6978, an
act to amend the Real Property Tax Law, in
3779
relation to reducing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR DOLLINGER: Explanation,
Mr. President, excuse me.
ACTING PRESIDENT MEIER: Senator
Wright, Senator Dollinger has requested an
explanation of Calendar 1025.
SENATOR WRIGHT: Surely, Mr.
President.
Calendar Number 1025 amends a
section of the Real Property Tax Law to extend
the -- actually, to reduce the population
requirements of the eligibility requirements
for the exemptions extended to volunteer
firefighters and ambulance workers.
SENATOR DOLLINGER: Explanation
satisfactory, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
3780
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: We've completed
the controversial calendar?
ACTING PRESIDENT MEIER: Yes,
Senator, that completes the controversial
calendar.
SENATOR SKELOS: Mr. President,
there will be an immediate conference of the
Majority following the meeting of the Rules
Committee, which will take place right now.
And the Senate will stand at ease
pending the report of the Rules Committee.
ACTING PRESIDENT MEIER:
Conference of the Majority after completion of
the Rules Committee meeting. The Senate will
stand at ease pending -
Senator Dollinger.
3781
SENATOR DOLLINGER: Mr.
President, there will be an immediate
conference of the Minority on the same time
schedule articulated by the Deputy Majority
Leader, immediately following the Rules
Committee meeting.
SENATOR SKELOS: Separate rooms.
SENATOR DOLLINGER: Separate
rooms? Jeez, so standoffish early.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Dollinger, that would be illegal.
Immediate conference of the
Minority in the Minority Conference Room -
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT MEIER: -- on
the same schedule.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:43 p.m.)
(Whereupon, the Senate reconvened
at 3:52 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
3782
if we could return to reports of standing
committees, there's a report of the Rules
Committee at the desk. I ask that it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1082A, by Senator
Volker, an act to amend the Civil Practice Law
and Rules;
2309, by Senator Kuhl, an act to
amend the Retirement and Social Security Law;
3191A, by Senator Saland, an act to
authorize the city school district;
3932, by Senator Hannon, an act to
amend the Not-For-Profit Corporation Law;
4671, by Senator Trunzo, an act to
amend the Transportation Law;
5330A, by Senator Spano, an act to
amend the Local Finance Law;
6092, by Senator Leibell, an act in
relation to legalizing;
3783
6149, by Senator Alesi, an act in
relation to redistributing;
6235, by Senator DeFrancisco, an
act to direct the Department of Health;
6270, by Senator Saland, an act to
amend the Public Authorities Law;
6368A, by Senator Saland, an act to
amend the Real Property Law;
6468, by Senator DeFrancisco, an
act to amend the Civil Practice Law and Rules;
6654, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law;
6963B, by Senator Oppenheimer, an
act to authorize the City of New Rochelle;
7135A, by Senator Meier, an act to
amend the Social Services Law;
7158, by Senator DeFrancisco, an
act to amend the Civil Service Law and others;
7345, by Senator Espada, an act to
amend the Military Law;
7368, by Senator Trunzo, an act to
amend Chapter 268 of the Laws of 1989;
7377, by Senator Velella, an act to
amend the Civil Service Law;
7378, by Senator Velella, an act to
3784
amend the Labor Law;
And Senate Print 7414A, by Senator
DeFrancisco, an act relating to the
establishment.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Just a reminder
3785
that the Majority Conference will start
immediately.
And there being no further
business, I move we adjourn until Friday,
May 31st, at 11:00 a.m.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of both the
Majority and the Minority conferences in their
respective conference rooms.
And on motion, the Senate stands
adjourned until Friday, May 31st, at
11:00 a.m.
(Whereupon, at 3:56 p.m., the
Senate adjourned.)