Regular Session - July 4, 1993
7227
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9 ALBANY, NEW YORK
10 July 4, 1993
11 4:03 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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7228
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. Senators will please
4 find their seats.
5 Please rise with me for the
6 Pledge of Allegiance to the Flag.
7 (Whereupon, the Senate joined in
8 the Pledge of Allegiance to the Flag. )
9 Today, in the absence of visiting
10 clergy, we will bow our heads for a moment of
11 silent prayer.
12 (Whereupon, there was a moment of
13 silence. )
14 Secretary will again by reading
15 the Journal.
16 THE SECRETARY: In Senate,
17 Saturday, July 3. The Senate met pursuant to
18 adjournment. The Journal of Friday, July 2, was
19 read and approved. On motion, Senate adjourned.
20 ACTING PRESIDENT FARLEY: Hearing
21 no objection, the Journal will stand approved as
22 read.
23 The order of business:
7229
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 We have a report of a standing
6 committee, Senator Present.
7 SENATOR PRESENT: We'll read it.
8 ACTING PRESIDENT FARLEY:
9 Secretary will read it.
10 THE SECRETARY: Senator Marino,
11 from the Committee on Rules, reports the
12 following bills directly for third reading:
13 Senate Bill Number 720D, by
14 Senator Stafford, Environmental Conservation
15 Law;
16 1369B, by Senator Jones,
17 authorizing the town of Henrietta to establish a
18 transportation development district;
19 1524, by Senator LaValle,
20 Volunteer Firefighters Benefit Law;
21 2739A, by Senator Larkin, Real
22 Property Tax Law;
23 3332D, by Senator Goodman, in
7230
1 relation to franchises for street surface
2 railroads;
3 4188, by Senator Stafford,
4 Racing, Pari-mutuel Wagering and Breeding Law;
5 4189, by Senator Stafford, to
6 repeal subparagraph (e) of paragraph 2;
7 4190A, by Senator Stafford,
8 Racing, Pari-Mutuel Wagering and Breeding Law;
9 4191, by Senator Stafford, to
10 repeal paragraph (g) of subdivision 1;
11 4291A, by Senator Goodman, Real
12 Property Tax Law;
13 4531, by Senator Velella,
14 Transportation Law and the Vehicle and Traffic
15 Law;
16 4627, by Senator Saland,
17 Retirement and Social Security Law;
18 4894A, by Senator Stafford, Tax
19 Law and the Criminal Procedure Law;
20 5301A, by Senator Velella,
21 Administrative Code of the city of New York;
22 5596C, by Senator Tully, Public
23 Health Law;
7231
1 5650A, by Senator Connor, Public
2 Authorities Law;
3 5833A, by Senator Goodman, Public
4 Authorities Law;
5 5849A, by Senator Hannon, Real
6 Property Tax Law;
7 5882A, by Senator Seward,
8 authorize the merger of the Percy I. Bugbee
9 Foundation.
10 6023, by Senator LaValle,
11 Education Law;
12 6058A, by Senator Skelos,
13 Insurance Law;
14 6066, by Senator Mega, Temporary
15 State Commission on Brooklyn Recreational
16 Facilities;
17 6083, by Senator Padavan,
18 Alcoholic Beverage Control Law;
19 6084, by the Committee on Rules,
20 Private Housing Finance Law;
21 6085, by the Committee on Rules,
22 Tax Law;
23 6086, by the Senate Committee on
7232
1 Rules, to amend Chapter 502 of the Laws of 1992;
2 6087, by Senator Pataki,
3 Religious Corporations Law;
4 6101, by Senator LaValle,
5 Education Law;
6 6102, by Senator Tully, Education
7 Law;
8 6110, by Senator DeFrancisco,
9 amend chapter of the Laws of 1993;
10 6111, by the Committee on Rules,
11 amends Chapter 348 of the Laws of 1989;
12 6113, by the Committee on Rules,
13 Education Law;
14 6126, by the Committee on Rules,
15 amends Chapter 537 of the Laws of 1976;
16 6132, by the Committee on Rules,
17 Education Law;
18 6135, by Senator Pataki, amends
19 Chapter 817 of the Laws of 1992;
20 6145, by Senator LaValle,
21 Education Law;
22 And 6147, by the Committee on
23 Rules, amends a chapter of the Laws of 1993.
7233
1 All bills reported directly for
2 third reading.
3 SENATOR FARLEY: All bills are
4 reported directly to third reading.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions. Motions
9 on the floor?
10 Senator Holland.
11 SENATOR HOLLAND: Yes, Mr.
12 President. On page 23, I offer the following
13 amendments to Calendar Number 1133, Senate Print
14 Number 5270A, and ask that the said bill retain
15 its place on the Third Reading Calendar. It's
16 Senator Saland's bill.
17 ACTING PRESIDENT FARLEY: Without
18 objection.
19 Are there any other motions on
20 the floor?
21 (There was no response. )
22 Seeing none, we have some
23 substitutions, Senator Present.
7234
1 SENATOR PRESENT: Take care of
2 them.
3 ACTING PRESIDENT FARLEY:
4 Secretary will read the substitutions.
5 THE SECRETARY: On page 19,
6 Senator Libous moves to discharge the Committee
7 on Rules from Assembly Bill Number 7171A and
8 substitute it for the identical Third Reading
9 897.
10 ACTING PRESIDENT FARLEY:
11 Substitution is ordered.
12 THE SECRETARY: On page 33,
13 Senator Bruno moves to discharge the Committee
14 on Rules from Assembly Bill Number 4238A and
15 substitute it for the identical Third Reading
16 1470.
17 ACTING PRESIDENT FARLEY:
18 Substitution ordered.
19 THE SECRETARY: On page 33,
20 Senator Marino moves to discharge the Committee
21 on Rules from Assembly Bill Number 7913A and
22 substitute it for the identical Third Reading
23 1479.
7235
1 ACTING PRESIDENT FARLEY:
2 Substitution is ordered.
3 THE SECRETARY: On page 34,
4 Senator Marino moves to discharge the Committee
5 on Rules from Assembly Bill Number 8737 and
6 substitute it for the identical Third Reading
7 1504.
8 ACTING PRESIDENT FARLEY:
9 Substitution is ordered.
10 THE SECRETARY: On page 35,
11 Senator Goodman moves to discharge the Committee
12 on Rules from Assembly Bill Number 3134 and
13 substitute it for the identical Third Reading
14 1508.
15 ACTING PRESIDENT FARLEY:
16 Substitution is ordered.
17 THE SECRETARY: On page 37,
18 Senator Marchi moves to discharge the Committee
19 on rules from Assembly Bill Number 8736 and
20 substitute it for the identical Third Reading
21 1526.
22 ACTING PRESIDENT FARLEY:
23 Substitution is ordered.
7236
1 THE SECRETARY: On page 38,
2 Senator Trunzo moves to discharge the Committee
3 on Rules from Assembly Bill Number 8765 and
4 substitute it for the identical Third Reading
5 1527.
6 ACTING PRESIDENT FARLEY:
7 Substitution ordered.
8 Senator Present, what's your
9 pleasure?
10 SENATOR PRESENT: Let's take up
11 the non-controversial calendar, please.
12 ACTING PRESIDENT FARLEY: The
13 non-controversial calendar. The Secretary will
14 read.
15 THE SECRETARY: On page 6,
16 Calendar Number 339, by Senator Sears, Senate
17 Bill Number 3452B, with an Assembly Reprint
18 Number of 30000, Agriculture and Markets Law, in
19 relation to manufacturer's information.
20 SENATOR KUHL: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay
22 that bill aside.
23 THE SECRETARY: Calendar Number
7237
1 395.
2 SENATOR PRESENT: Lay it aside
3 for the day.
4 ACTING PRESIDENT FARLEY: Lay
5 that aside for today.
6 THE SECRETARY: Calendar Number
7 470, by member of the Assembly Lasher.
8 SENATOR PRESENT: Lay it aside.
9 ACTING PRESIDENT FARLEY: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 588, by Senator Kuhl, Senate Bill Number 3539A,
13 Agriculture and Markets Law.
14 SENATOR GOLD: Lay it aside for
15 the week.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 614, by Senator Wright, Senate Bill Number
20 4108B, State Administrative Procedure Act.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
7238
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 38.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 697, by Senator Spano, Senate Bill Number 2026
10 with an Assembly Reprint Number of 30001, Mental
11 Hygiene Law and the Social Services Law.
12 ACTING PRESIDENT FARLEY: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 38.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 864, by Senator Lack, Senate Bill Number 4768B,
7239
1 an act to amend the Penal Law.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 38.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1000, by Senator Wright, Senate Bill Number
14 4277, authorize the sale of certain state land
15 in the town of Ellisburg.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 SENATOR PRESENT: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay
22 that bill aside.
23 THE SECRETARY: Calendar Number
7240
1 1211, by member of the Assembly Mayersohn, As
2 sembly Bill Number 6677B Criminal Procedure Law.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll. )
10 SENATOR GALIBER: Lay that bill
11 aside, please.
12 ACTING PRESIDENT FARLEY: Lay
13 that bill aside.
14 THE SECRETARY: Calendar Number
15 1250, by Senator Hannon, Senate Bill Number
16 4897.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 SENATOR SOLOMON: Lay it aside.
20 ACTING PRESIDENT FARLEY: Oh, lay
21 it aside? Okay.
22 SENATOR LIBOUS: Was 1211 also
23 laid aside?
7241
1 ACTING PRESIDENT FARLEY: Yes, it
2 was.
3 THE SECRETARY: Calendar Number
4 1251, by Senator Lack, Senate Bill Number 5263,
5 an act to amend the Labor Law.
6 SENATOR PRESENT: Lay it aside
7 for the day.
8 ACTING PRESIDENT FARLEY: Lay
9 that aside for today.
10 THE SECRETARY: Calendar Number
11 1260, by the Senate Committee on Rules, Senate
12 Bill Number 5853A, General Municipal Law.
13 ACTING PRESIDENT FARLEY: Read
14 the last section.
15 SENATOR DOLLINGER: Lay it aside.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 1308, by Senator LaValle, Senate Bill Number
20 3176A, an act to amend the Education Law.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
7242
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 38.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1326, by Senator Trunzo, Senate Bill Number
10 3463A, Real Property Tax Law.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 38.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1338, by Senator Hannon, Senate Bill Number
23 5206.
7243
1 SENATOR PRESENT: Lay it aside.
2 ACTING PRESIDENT FARLEY: Lay it
3 aside.
4 THE SECRETARY: Calendar Number
5 1348, by the Assembly Committee on Rules,
6 Assembly Bill Number 8464A, Administrative Code
7 of the city of New York.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 38.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1371, by member of the Assembly Lasher, Assembly
20 Bill Number 58 -
21 SENATOR PRESENT: Lay it aside.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside.
7244
1 THE SECRETARY: Calendar Number
2 1389, by Senator -
3 SENATOR GOLD: Lay it aside.
4 ACTING PRESIDENT FARLEY: Lay it
5 aside.
6 THE SECRETARY: Calendar Number
7 1423, by the Senate Committee on rules, Senate
8 Bill Number 5702, amends Chapter 879 of the Laws
9 of 1936.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 41.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1428, by Senator Trunzo, Senate Bill Number
22 5974A, an act to amend the Highway Law.
23 ACTING PRESIDENT FARLEY: Read
7245
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 41.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1431, by the Senate Committee on Rules.
12 SENATOR GOLD: Lay it aside.
13 ACTING PRESIDENT FARLEY: Lay it
14 aside.
15 THE SECRETARY: Calendar Number
16 1452, by the Senate -
17 SENATOR PRESENT: Lay it aside.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 1454, by the Senate Committee -
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay
7246
1 that bill aside.
2 THE SECRETARY: Calendar Number
3 1469, by the Assembly Committee on Rules,
4 Assembly Bill Number 8418, Estates, Powers and
5 Trust Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 41.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1470, substituted earlier today, by member of
18 the Assembly Proskin, Assembly Bill Number
19 4238A, Civil Practice Law and Rules.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
7247
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 41.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1473, by member of the Assembly Balboni,
9 Assembly Bill Number 7012A, an act to amend the
10 Banking Law.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 41.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1478, by the Assembly Committee on Rules,
23 Assembly Bill Number 86 -
7248
1 SENATOR GOLD: Lay it aside.
2 ACTING PRESIDENT FARLEY: Lay it
3 aside.
4 THE SECRETARY: Calendar Number
5 1479, substituted earlier today, by the Assembly
6 Committee on Rules, Assembly Bill Number 7913A,
7 service credit in the New York State Teachers'
8 Retirement System.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 42, nays 2.
17 Senators Galiber and Gold recorded in the
18 negative.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1487, by member of the Assembly Diaz, Assembly
23 Bill Number 6103B, General City Law.
7249
1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 43, nays 1.
9 Senator Pataki recorded in the negative.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1489, by Senator Holland, Senate Bill Number
14 3996, relating to solid waste treatment.
15 SENATOR GOLD: Lay it aside,
16 please, for Senator Leichter.
17 ACTING PRESIDENT FARLEY: Lay
18 that bill aside.
19 THE SECRETARY: Calendar Number
20 1493.
21 SENATOR GOLD: Lay it aside for
22 Senator Leichter, also, please.
23 ACTING PRESIDENT FARLEY: Lay
7250
1 that aside.
2 THE SECRETARY: Calendar Number
3 1502, by the Assembly Committee on Rules,
4 Assembly Bill Number 8219A, an act to amend the
5 Highway Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 SENATOR GOLD: Mr. President.
14 Mr. President.
15 ACTING PRESIDENT FARLEY: Senator
16 Gold.
17 SENATOR GOLD: Yes, I would like
18 to explain my vote. On this bill, Mr.
19 President, the only objection that I have to it
20 is the fact that the sponsorship seems to be all
21 from the Republican Party, and the bill says
22 it's at the request of the Governor.
23 I would like the record to
7251
1 indicate very, very clearly that had I been
2 asked to co-sponsor this bill, it would have
3 been an honor and I think there are many, many
4 people on this side of the aisle if not everyone
5 who would have considered it an honor.
6 Malcolm Wilson may have been
7 elected Lieutenant Governor as a Republican, but
8 he is, in my opinion a state treasure. He is
9 one of the finest humans that I have met in
10 government, regardless of party affiliation,
11 obviously.
12 And I am going to vote for this,
13 but I do have that little bit of remorse in my
14 heart that when it was put in, whoever it was
15 that had the job of giving out sponsorship and
16 asking for co-sponsors, they did a disservice to
17 me, they did a disservice to Senator Galiber and
18 Mendez, et cetera, et cetera, and certainly one
19 to Malcolm Wilson because he is not the hero of
20 the Republican Party. He is, in my opinion, a
21 hero of the state of New York.
22 I vote in the affirmative.
23 ACTING PRESIDENT FARLEY: Call
7252
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 43, nays 1,
4 Senator Holland recorded in the negative.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1504, substituted earlier today, by the Assembly
9 Committee on Rules, Assembly Bill Number 8737,
10 Administrative Code of the city of New York.
11 ACTING PRESIDENT FARLEY: There
12 is a home rule message or a request here at the
13 desk. Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 44.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1505, by the Senate Committee on Rules, Senate
7253
1 Bill Number 6077, to authorize Lawrence Leff
2 retroactive membership in New York State
3 Employees' Retirement System.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 42, nays 2.
12 Senators Galiber and Gold recorded in the
13 negative.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1506, by the Senate Committee on Rules, Senate
18 bill 6112, amends Chapter 336 of the Laws of
19 1992.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
7254
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 44.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1507, by Senator Johnson, Senate Bill Number
9 6079, Environmental Conservation Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 SENATOR GOLD: Lay it aside.
15 ACTING PRESIDENT FARLEY: Lay it
16 aside. Withdraw the roll call.
17 THE SECRETARY: Calendar Number
18 1508, substituted earlier today, by member of
19 the Assembly Sanders, Assembly Bill Number
20 3134A, an act to amend the Vehicle and Traffic
21 Law.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
7255
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 47.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Excuse me. Ayes
10 46, nays 1. Senator Mendez recorded in the
11 negative.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1509, by member of the Assembly Robach, Assembly
16 Bill Number 3276, Alcoholic Beverage Control
17 Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
7256
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 47.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1510, by Senator Velella, Senate Bill Number
7 2230, an act to amend the Insurance Law.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 47.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1511, by Senator Montgomery, Senate Bill Number
20 3436B, authorize the Commissioner of General
21 Services to lease to not-for-profit
22 organizations certain property.
23 ACTING PRESIDENT FARLEY: Read
7257
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1512, by member of the Assembly Bragman,
12 Assembly Bill Number 6135, an act to amend the
13 Tax Law.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 48.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
7258
1 THE SECRETARY: Calendar Number
2 1513, by member of the Assembly Hoyt, Assembly
3 Bill Number 6381, New York State Archives
4 Partnership Trust Act.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 47, nays 1.
13 Senator Pataki recorded in the negative.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1514, by Senator Sears.
18 SENATOR SEARS: Star the bill.
19 ACTING PRESIDENT FARLEY: Star
20 the bill.
21 THE SECRETARY: Calendar Number
22 1515, by Senator Sheffer, Senate Bill Number
23 4132B, create a council known as the New York
7259
1 State Quality Council.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 47, nays 1.
10 Senator Libous recorded in the negative.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1518, by the Assembly Committee on Rules,
15 Assembly Bill Number 7910A, an act to amend the
16 Insurance Law, in relation to certain
17 unemployment insurance riders.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
7260
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1519, by Senator Farley, Senate Bill Number
7 5133A, an act to amend the Tax Law.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 48.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1521, by the Assembly Committee on Rules,
20 Assembly Bill Number 8044, Administrative Code
21 of the city of New York.
22 ACTING PRESIDENT FARLEY: There
23 is a home rule message here at the desk.
7261
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1523, by Senator Johnson.
12 SENATOR GOLD: Lay it aside.
13 ACTING PRESIDENT FARLEY: Lay
14 that bill aside.
15 THE SECRETARY: Calendar Number
16 1524, by the Assembly Committee on Rules,
17 Assembly Bill Number 8582, General Business Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
7262
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1525, by Senator Daly, Senate Bill Number 6036,
7 an act to amend the Public Authorities Law.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 48.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1526, substituted earlier today, by the Assembly
20 Committee on Rules.
21 SENATOR SOLOMON: Lay it aside.
22 ACTING PRESIDENT FARLEY: Lay
23 that bill aside.
7263
1 THE SECRETARY: Calendar Number
2 1527, substituted earlier -
3 ACTING PRESIDENT FARLEY: What's
4 the matter?
5 SENATOR WALDON: Someone from the
6 gallery threw something in the chamber, and I
7 was objecting to that.
8 ACTING PRESIDENT FARLEY: Your
9 point is well taken. Sergeant-at-Arms, check on
10 that.
11 SENATOR WALDON: They reacted to
12 my reaction.
13 ACTING PRESIDENT FARLEY: Thank
14 you, Senator Waldon.
15 Regular order.
16 THE SECRETARY: Calendar Number
17 1527, substituted earlier today, by the Assembly
18 Committee on Rules, Assembly Bill Number 8765,
19 an act to amend the Executive Law.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
7264
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 48.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 Senator Present, that's the first
8 time through.
9 SENATOR PRESENT: Mr. President,
10 will you recognize Senator Cook, please.
11 ACTING PRESIDENT FARLEY: Senator
12 Cook.
13 SENATOR COOK: Mr. President,
14 could I remove the star on Calendar Number 954?
15 ACTING PRESIDENT FARLEY: 954 is
16 starred.
17 SENATOR COOK: No, remove the
18 star.
19 ACTING PRESIDENT FARLEY: Remove
20 the star from 954, without objection.
21 Senator Pataki.
22 SENATOR PATAKI: Mr. President, I
23 would like to place a sponsor star on Calendar
7265
1 1389.
2 ACTING PRESIDENT FARLEY: 1389 is
3 starred at the request of the sponsor.
4 Senator Present, what's your
5 pleasure.
6 SENATOR PRESENT: Mr. President,
7 let's take up the controversial calendar,
8 please.
9 ACTING PRESIDENT FARLEY:
10 Controversial calendar. Secretary will read.
11 THE SECRETARY: On page 6,
12 Calendar Number 339, by Senator Sears, Senate
13 Bill Number 3452B, with an Assembly Reprint
14 Number of 30000, Agriculture and Markets Law, in
15 relation to manufacturer's information.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 SENATOR PRESENT: Lay it aside
19 temporarily.
20 ACTING PRESIDENT FARLEY: Lay
21 that bill aside temporarily.
22 THE SECRETARY: On page 8,
23 Calendar Number 470, by member of the Assembly
7266
1 Lasher, Assembly Bill Number 18 -
2 SENATOR PRESENT: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay the
4 bill aside.
5 THE SECRETARY: On page 10,
6 Calendar Number 588, by Senator Kuhl, Senate
7 Bill Number 3539, Agriculture and Markets Law.
8 SENATOR KUHL: Lay it aside for
9 the day, please.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside for today.
12 THE SECRETARY: On page 20,
13 Calendar Number 1000, by Senator Wright, Senate
14 Bill Number 4277, authorize the sale of certain
15 state land in the town of Ellisburg.
16 SENATOR GOLD: Mr. President.
17 ACTING PRESIDENT FARLEY: Senator
18 Gold.
19 SENATOR GOLD: This is a
20 two-thirds bill; isn't that right?
21 ACTING PRESIDENT FARLEY: Yes.
22 We have two-thirds, Senator Gold.
23 SENATOR GOLD: This requires 41
7267
1 votes. Last section.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 SENATOR GOLD: Party vote in the
10 affirmative.
11 THE SECRETARY: Ayes 48.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: On page 25,
15 Calendar Number 1211, by member of the Assembly
16 Mayersohn, Assembly Bill Number -
17 SENATOR MEGA: Lay it aside
18 temporarily.
19 ACTING PRESIDENT FARLEY: Could
20 you lay that bill aside temporarily.
21 THE SECRETARY: On page 25,
22 Calendar Number 1250, by Senator Hannon, Senate
23 Bill Number 4897.
7268
1 SENATOR PRESENT: Lay that
2 aside.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 1260, by the Senate Committee on Rules, Senate
7 Bill Number 5853A, General Municipal Law.
8 SENATOR GOLD: Explanation.
9 ACTING PRESIDENT FARLEY:
10 Explanation has been asked for. Who's got that?
11 SENATOR MALTESE: Mr. President.
12 ACTING PRESIDENT FARLEY: Senator
13 Maltese.
14 SENATOR MALTESE: As you
15 undoubtedly will recall, this is a bill that was
16 explained the other day just recently. It
17 provides that employers of police officers must
18 determine the impact of rules and regulations
19 relating to police vehicles upon the health and
20 safety of the officers assigned to these
21 vehicles.
22 As a result of the debate and
23 some of the suggestions made on the floor, the
7269
1 bill was amended, and excluded towns and
2 villages.
3 ACTING PRESIDENT FARLEY: Senator
4 Leichter, are you about to rise?
5 SENATOR LEICHTER: Senator, as I
6 understand it, you are just burdening and
7 putting the onus of this mandate on the city of
8 New York.
9 SENATOR MALTESE: On the cities.
10 SENATOR LEICHTER: On cities
11 generally. Also city of Buffalo, and so on.
12 SENATOR MALTESE: Yes, that's
13 correct.
14 SENATOR LEICHTER: All right.
15 Senator, yesterday, if you will be kind enough
16 to yield, I believe you voted for a bill that
17 all mandates would have to be funded. Am I
18 correct?
19 SENATOR MALTESE: That is
20 correct, Mr. President.
21 SENATOR LEICHTER: Yes. And
22 Senator, did that express your opinion as to
23 what should be done with mandates?
7270
1 SENATOR MALTESE: Mr. President.
2 As was indicated in the lengthy debate the other
3 day, the costs of this proposal would be de
4 minimus and would pale in comparison to the
5 benefit to be gained in the saving of lives of
6 police officers.
7 ACTING PRESIDENT FARLEY: Senator
8 Leichter.
9 SENATOR LEICHTER: Mr. President,
10 we know that there is nothing that we do here
11 that doesn't in the long run end up saving
12 money. In fact, we pass a few more bills like
13 this by Senator Maltese, we will have a negative
14 -- we will have a negative budget. We won't
15 have to raise any taxes, any revenue, and so
16 on.
17 But, Senator, let's get serious.
18 It may be laughable because it's July 4th, and
19 we're doing one-house bills, and bills that I
20 frankly submit are very little merit. But if
21 you're going to call us in here, if we're going
22 to look foolish by being here July 4th doing
23 things that we should have done in May or June
7271
1 -- I know some people got in their vacation
2 early in May and went off to Europe. Some of us
3 have been here all along, Senator.
4 So we want to treat this -- you
5 know, if we're going to do it, it's a laugher in
6 some respects, but we're not going to treat it
7 as a laugher. Senator, so what I'd like to
8 understand from you is how if the -- as a result
9 of this bill whether the city of New York or the
10 city of Buffalo, some other cities, are going to
11 require or be forced to have two police officers
12 in cars where they believe that one may be
13 perfectly satisfactory, how is that not going to
14 cost money?
15 SENATOR MALTESE: Mr. President.
16 The bill does not provide for the placement of
17 any number of police officers in the car. What
18 it does is it calls for a detailed comprehensive
19 review, the same review that the municipalities
20 would go through in order to make this change in
21 any event and, further, calls for a further
22 review by the Industrial Board of Appeals, which
23 can be done by a simple petition.
7272
1 SENATOR LEICHTER: Senator, if
2 you would be good enough to answer. Isn't it a
3 fact that as a consequence of this bill, there
4 will be occasions when whether it's the city of
5 New York or the city of Buffalo will want to
6 have one police officer in the car that they
7 will now have to submit that issue to a body
8 that is not part of the municipal corporation
9 that will make that final decision?
10 SENATOR MALTESE: The answer, Mr.
11 President, is yes.
12 SENATOR LEICHTER: And isn't it a
13 fact that the consequence of this is that there
14 may be occasions when the city of New York or
15 another city will deem that they sufficiently
16 meet the safety needs of police officers; and to
17 meet the needs of the security of people in the
18 city of New York or these other cities, that
19 they will want to have one police officer; and
20 that the consequence of the procedure set by
21 your bill will be that they will be forced to
22 have two officers in the car?
23 ACTING PRESIDENT FARLEY: Will
7273
1 you yield to that other question?
2 SENATOR MALTESE: Yes, Mr.
3 President, I will yield. And I would like to
4 say that it is my earnest hope and desire that
5 after that review that will be called for, in
6 any event, if that decision would be made that
7 it would be made because of the issue of safety
8 for these brave police officers would be
9 paramount. So in this case, what we're seeking
10 to do is to simply ensure that in a case where
11 there perhaps might be a precipitous or
12 ill-advised action simply for fiscal purposes,
13 they would then pause. This would give them the
14 pause and force, perhaps -- in response to
15 Senator Leichter, perhaps force them to do the
16 right thing.
17 SENATOR LEICHTER: Mr. President.
18 ACTING PRESIDENT FARLEY: Senator
19 Leichter.
20 SENATOR LEICHTER: Yes. If
21 Senator Maltese continues to yield.
22 Senator, thank you. I think
23 we're getting more to the point. You want to
7274
1 force them to do this, to have two police
2 officers. And a consequence of that clearly is
3 a cost to the municipality, is it not?
4 SENATOR MALTESE: Mr. President,
5 that's so.
6 SENATOR LEICHTER: Right. Getting
7 back to my question. Where is the -
8 ACTING PRESIDENT FARLEY: Senator
9 -- would you yield for another question?
10 SENATOR MALTESE: Mr. President,
11 yes. And anticipating the remainder of Senator
12 Leichter's questions, there is no requirement
13 when we speak of these mandates, whether
14 unfunded or funded, that every consequence,
15 every natural consequence of every legislative
16 act that we pass could be anticipated,
17 contemplated and then paid for.
18 What we would provide for is the
19 acts called for by this specific legislation
20 which simply calls for the detailed
21 comprehensive review and, in addition, calls for
22 the appellate procedure.
23 SENATOR LEICHTER: Then -
7275
1 ACTING PRESIDENT FARLEY: Senator
2 Leichter.
3 SENATOR LEICHTER: If Senator
4 Maltese continues to yield.
5 Then as I understand it, Senator,
6 what you are saying is that there are some
7 mandates where for one reason or another we may
8 not fund them. Do I understand you correctly?
9 SENATOR MALTESE: Mr. President,
10 I don't understand you correctly, Senator
11 Leichter.
12 SENATOR LEICHTER: Well, Senator,
13 we have finally reached the point where you
14 conceded that the consequence of your bill may
15 be a cost to the municipality, and we agree
16 that's a mandate. It's being imposed by this
17 legislative body on the municipality.
18 We have also established -
19 SENATOR MALTESE: No, Mr.
20 President.
21 ACTING PRESIDENT FARLEY: Hold on
22 now. Let's not have a two-way conversation
23 here.
7276
1 SENATOR MALTESE: Mr. President,
2 if I might ask Senator Leichter to yield.
3 ACTING PRESIDENT FARLEY: Would
4 you yield, Senator Leichter?
5 SENATOR LEICHTER: I was in the
6 middle of a question, but I will yield.
7 SENATOR MALTESE: The statement
8 by Senator Leichter said that this was a
9 mandate. The very point I'm attempting to make
10 is that if it is a mandate, it is a
11 consequential mandate rather than a direct
12 mandate.
13 SENATOR LEICHTER: Senator, so do
14 I understand it that when you voted for this
15 bill that said mandate must be funded, you had a
16 mental reservation that consequential mandates,
17 whatever that is, need not be funded. Is that
18 correct?
19 SENATOR MALTESE: Mr. President.
20 What I had in mind at that time would be
21 mandates called for by legislative statutes that
22 I believe would be specific and include those
23 actions which would be included in the scope,
7277
1 within the scope of the legislation. This is a
2 piece of legislation which could result in a
3 variety of actions, and some of those actions
4 would not call for the expenditure of any funds
5 by the municipality.
6 SENATOR LEICHTER: Mr. President.
7 ACTING PRESIDENT FARLEY: Senator
8 Leichter.
9 SENATOR LEICHTER: If Senator
10 Maltese would yield. Senator, would it be fair
11 to say then that maybe the reservation on
12 funding mandates is if it's a Maltese mandate
13 that's all right, but if it's a mandate by
14 somebody else that ain't all right. Would that
15 be a fair expression?
16 SENATOR MALTESE: Mr. President.
17 Since I do not have the final word but simply
18 speak on behalf of the constituents in the 15th
19 Senate District, I would like the set of
20 circumstances enumerated by Senator Leichter to
21 be the case, but, unfortunately, that's not so.
22 SENATOR LEICHTER: Mr. President.
23 ACTING PRESIDENT FARLEY: Senator
7278
1 Leichter.
2 SENATOR LEICHTER: Mr.
3 President. I think we all know what's being
4 done here. I think it's unfortunate, and again
5 it shows hypocrisy, double standard -- you know,
6 home rule, boy, we run that flag up the flag
7 pole and wave it, you know, when we think it's a
8 good argument for position, but when we have a
9 bill like this and we want to violate home rule
10 and tell the cities of New York how they're
11 going to manage their police departments, home
12 rule is unimportant.
13 And we are going to fund
14 mandates. It's terrible what this Legislature
15 does in putting mandates on municipalities and
16 not funding it. Now, I think it's pretty clear
17 from the discussion that Senator Maltese and I
18 had, and I think he conceded it, whether he
19 wants to call it consequential or whatever, this
20 is a mandate pure and simple.
21 And, in fact, it is a very
22 expensive mandate. Moreover, it's an
23 unconscionable interference by this legislative
7279
1 body in the operation of the police
2 departments.
3 And let me say, Senator Maltese,
4 I think that the Police Commissioner of the city
5 of New York is as concerned about the safety of
6 the men and women as you are, as I am, and you
7 are genuinely concerned, but I think he is,
8 too. And I think when the police department
9 makes a determination that in certain
10 neighborhoods one-officer cars is sufficient
11 that is a decision that I think legislatively we
12 should not interfere with.
13 The police commissioner has many
14 considerations. You talk about saving the lives
15 of police officers. I don't know if you have
16 any study or any statistics or anything which
17 shows that, in fact, your bill is going to save
18 any police officers' lives whatsoever. But I'll
19 tell you one thing it certainly will do. It
20 will place many, many thousands, hundreds of
21 thousands of people, maybe millions of people at
22 risk, because if your bill were to become law
23 and if police officers were required that there
7280
1 be two of them in every police car, that means
2 there's going to be less police cars out there.
3 There's going to be less police officers out on
4 the streets, and I'm positive that it's going to
5 lead to the loss of life, and it's going to lead
6 possibly to -- not possibly but unquestionably
7 will lead to an increase in crime.
8 This is just the wrong thing for
9 us to be doing but particularly on July 4th.
10 Mr. President, I hope very much this bill will
11 be defeated. And as we called for a slow roll
12 call last time, we will call for one again this
13 time.
14 SENATOR LIBOUS: Mr. President.
15 ACTING PRESIDENT FARLEY: Just a
16 minute. I've got a list here. Did you want -
17 SENATOR LIBOUS: I was going to
18 ask Senator Leichter if he would yield.
19 ACTING PRESIDENT FARLEY: Senator
20 Libous.
21 SENATOR LIBOUS: Senator
22 Leichter, would you yield for just one
23 question?
7281
1 SENATOR LEICHTER: Excuse me?
2 SENATOR LIBOUS: Would you yield
3 for just one question?
4 SENATOR LEICHTER: Yes.
5 SENATOR LIBOUS: I'm curious,
6 Senator. Have you ever voted for a mandate in
7 this chamber before?
8 SENATOR LEICHTER: Certainly.
9 SENATOR LIBOUS: Thank you.
10 SENATOR LEICHTER: But, Senator
11 Libous, I will tell you one thing I didn't do.
12 I didn't vote for a bill to fund all mandates
13 and then the next day vote to put an enormously
14 expensive mandate on municipalities and when
15 called to account say, "Well, you know, it's
16 consequential," whatever that is. Senator, I
17 hope that I have not been that contradictory in
18 my action.
19 ACTING PRESIDENT FARLEY: Senator
20 Dollinger.
21 SENATOR DOLLINGER: Mr.
22 President, would Senator Maltese yield to a
23 couple of questions?
7282
1 SENATOR MALTESE: Yes, Mr.
2 President.
3 ACTING PRESIDENT FARLEY: Senator
4 Maltese, would you yield?
5 SENATOR DOLLINGER: Just so I
6 understand the amendments, Senator, you
7 eliminated the provision of this bill for towns
8 and villages?
9 SENATOR MALTESE: Mr. President,
10 the answer is yes, in the affirmative.
11 SENATOR DOLLINGER: Could you
12 explain -
13 ACTING PRESIDENT FARLEY: It's
14 getting a little noisy here. I know that
15 everybody wants to hear these questions, so
16 let's keep your conversations down.
17 SENATOR DOLLINGER: Again, if you
18 will yield. Mr. President.
19 Could you tell me what about
20 towns and villages that makes this not good for
21 towns and villages, but yet makes it good for
22 all cities, including small cities in the state
23 of New York?
7283
1 SENATOR MALTESE: Mr. President.
2 What was brought forward very forcibly at the
3 time of the debate and thereafter was the fact
4 that the non-cities, especially some of the
5 towns and villages, number 1, had a great deal
6 less crime but, number 2, and more importantly,
7 had many situations where the amount of police
8 officers or amount of patrol cars was less than
9 three or four or five and, therefore, the
10 provisions of this act would be too all
11 encompassing when it would provide for this
12 review and the subsequent appeal where you had
13 very little personnel or police cars available
14 to comply with the provisions of the act.
15 SENATOR DOLLINGER: But, again,
16 through you, Mr. President. That may not be
17 true with all towns. I represent one of the
18 largest towns in New York State, has a very
19 sizeable police force. That argument wouldn't
20 hold true there, in the town of Greece, for
21 example which has about 100 people on its police
22 force?
23 SENATOR MALTESE: Mr. President.
7284
1 Towns, of course, would, I assume, also include
2 towns like the town of Hempstead with some
3 900,000 people, but this bill would be a start,
4 a step in the right direction, and we could
5 provide for the addition thereto of certain
6 areas of large population in the future, if
7 Senator Dollinger would care at that point to
8 join me in co-sponsorship of such a bill.
9 SENATOR DOLLINGER: Mr.
10 President. I will decline the co-sponsorship,
11 but if Senator Maltese would yield to a couple
12 more questions.
13 ACTING PRESIDENT FARLEY: Would
14 you yield for a couple more questions?
15 SENATOR MALTESE: Yes.
16 SENATOR DOLLINGER: So in other
17 words there's some big towns and some little
18 tiny cities, and your bill is only going to
19 apply to the cities and not to the big towns; is
20 that correct?
21 SENATOR MALTESE: Mr. President,
22 the answer is correct. The answer is yes.
23 SENATOR DOLLINGER: And the
7285
1 problem may be just as extensive in the big
2 towns, in fact more extensive, than it is in
3 small cities, but you are simply going to
4 require the small cities to comply with this?
5 SENATOR MALTESE: Mr. President,
6 every journey begins with one step, so that's
7 what this bill seeks to do.
8 SENATOR DOLLINGER: That's the
9 other question, Mr. President, if again Senator
10 Maltese will yield.
11 I understand, Senator, and I
12 think you have talked in this chamber about the
13 importance of home rule and local control, which
14 are important ingredients in your political
15 philosophy. Is that correct?
16 SENATOR MALTESE: Mr. President,
17 the answer is yes.
18 SENATOR DOLLINGER: And you would
19 like to see as many critical decisions made as
20 close to the people as possible; isn't that also
21 correct?
22 SENATOR MALTESE: Mr. President,
23 in the ordinary circumstance, this would indeed
7286
1 be correct. At the same time, there are
2 situations where people make errors. There are
3 situations where people proceed, as I indicated
4 earlier in precipitous or ill-advised manner
5 where fiscal considerations are concerned, and
6 sometimes these self-same people, whether they
7 have positions of public authority or trust or
8 not, put the fiscal issues paramount to the life
9 and safety of not only the police officers but
10 the people within their constituencies.
11 SENATOR DOLLINGER: Again through
12 you, Mr. President. Isn't it fair to say,
13 Senator Maltese, that exactly the decision that
14 you described, making decisions between
15 expenditure of money and life and safety, that
16 issue is best made by elected officials at the
17 local level who can be replaced by elected
18 voters in the annual course of their elections.
19 Isn't that the right way to do it, Senator?
20 SENATOR MALTESE: Mr. President,
21 in the ordinary course of circumstances, the
22 answer is yes.
23 SENATOR DOLLINGER: Okay. So
7287
1 that is the principle we should be working on,
2 is that correct, in this bill?
3 SENATOR MALTESE: Mr. President.
4 Whether it's correct with this bill or all bills
5 is a matter that has to be determined on a basis
6 of study and examination of the individual bill
7 and the circumstances and surroundings of the
8 situations which the bill seeks to address.
9 SENATOR DOLLINGER: Again through
10 you.
11 ACTING PRESIDENT FARLEY: Senator
12 Dollinger.
13 SENATOR DOLLINGER: Through you,
14 Mr. President. Given that background, Senator,
15 why would you have the Industrial Board of
16 Appeals that sits in Albany, that has no
17 experience making these decisions, why would you
18 have them -- allow them to make a binding
19 decision on a de novo basis which gives no
20 weight at all, legally, to the decision of the
21 local officials who are the closest to the
22 people, who have management of the public fiscal
23 -- who are the ones closest to the tax dollars,
7288
1 who are the ones who are charged by the
2 Constitution in this state? Why would you let
3 the board of appeals to make that decision, a
4 bunch of bureaucrats in Albany?
5 SENATOR MALTESE: Mr. President,
6 the circumstances behind the thought processes
7 in making this particular board the board of
8 appeals was to have somebody concerned with
9 safety, public safety, make a decision in a
10 review manner, and this board was considered as
11 good as some and better than most.
12 SENATOR DOLLINGER: Final
13 question, Mr. President, then I would like to
14 speak on the bill. When you use the term "de
15 novo" in this bill, Senator, doesn't that mean
16 that the local decision is given no weight at
17 all, that the Industrial Board of Appeals
18 reviews this like nobody had ever made a
19 decision at all? Isn't that what you intend to
20 do?
21 SENATOR MALTESE: Mr. President.
22 That is not the case. The Industrial Board of
23 Appeals would be compelled by -- the members of
7289
1 that board by the obligations of their office to
2 consider any and all circumstances, information,
3 including any of the information brought before
4 them by the parties concerned. And it would
5 seem to me that both the municipalities and the
6 representatives of the police officers would be
7 derelict in their duties if they did not bring
8 this information to the board.
9 SENATOR DOLLINGER: Mr.
10 President. On the bill.
11 ACTING PRESIDENT FARLEY: On the
12 bill. Senator Dollinger.
13 SENATOR DOLLINGER: Senator
14 Maltese and I agree on one thing. It's the
15 fundamental philosophy of this state that
16 judgments about public safety in cities as well
17 as villages and towns and how they spend their
18 money and the relationship between how many
19 police officers they have, whether they hire new
20 officers, whether they dismiss officers, all of
21 those decisions should be best made by local
22 governments, by local city governments, city
23 council members, a mayor, someone who is elected
7290
1 by all the people in the city, by city
2 councilmen. I look over there and see other
3 city councilmen who served on the city council,
4 Senator DeFrancisco who served in Syracuse, and
5 elsewhere.
6 These decisions should be made by
7 the people who have to account to their voters
8 for where they are going to spend the money and
9 how they are going to protect the public
10 safety. The concept of home rule and local
11 control of public safety is a vital component of
12 this government.
13 This bill -- this bill drives
14 that concept absolutely into the ground, because
15 what it suggests is that in specific instances
16 in which the city elects to reduce the number of
17 officers and police vehicles, that decision is
18 going to be reviewed de novo, that means with no
19 weight at all attached to the local community.
20 Forget that the city council voted nine to
21 nothing to do it. Forget that the city council
22 couldn't afford it.
23 This bill will transfer to a
7291
1 group of bureaucrats in Albany with five members
2 who have no experience in public health and
3 safety, who have no accountability to the
4 voters, who have no authority to raise taxes, it
5 will pass to them the vital decision over the
6 future of public safety in cities in this
7 state.
8 It is unconscionable that we are
9 taking that vital public safety power out of the
10 hands of those who are accountable, out of the
11 hands of the people who raise the taxes, out of
12 the hands of the people who are elected to make
13 these decisions, and passing it to a group of
14 bureaucrats 220 miles away who have no
15 accountability to no voters at all.
16 I would submit that this bill is
17 like handing the financial key to the city to
18 the Industrial Board of Appeals. There's
19 nothing in the state Constitution and nothing in
20 law that does or should give a nameless,
21 faceless group of bureaucrats the power to
22 decide public safety in the city of Rochester,
23 in Buffalo, in Syracuse, in Binghamton, in
7292
1 Amsterdam and Albany and all the other small
2 cities that this bill will be affected by.
3 Recognize that you are giving an
4 extremely important power over to a nameless,
5 faceless group of bureaucrats. It doesn't
6 belong there.
7 This bill ought to be defeated.
8 It is, as Senator Leichter said,
9 pure and simple, an unfunded mandate that
10 fundamentally destroys the concept of local
11 control and home rule over vital matters of
12 public safety. I will vote no.
13 ACTING PRESIDENT FARLEY: Senator
14 Waldon.
15 SENATOR WALDON: Thank you very
16 much, Mr. President. Would Senator Maltese
17 yield to a question?
18 SENATOR MALTESE: Yes, Mr.
19 President.
20 ACTING PRESIDENT FARLEY: He
21 will.
22 SENATOR WALDON: Thank you, Mr.
23 President. Senator, thank you. Senator, would
7293
1 this bill apply to the city of Albany?
2 SENATOR MALTESE: Yes, it would.
3 SENATOR WALDON: Let's assume
4 that on this day, July 4, 1993, at about two
5 minutes to 5:00 that all hell were to break
6 loose on the reflecting pool, that every car
7 assigned to patrol at this time on this tour,
8 the 4:00 to 12:0, or if it's a special patrol
9 unit, the 6:00 p.m. to 2:00 a.m., had to be -
10 Mr. President, I can't hear
11 myself think.
12 ACTING PRESIDENT FARLEY: Your
13 point is well taken.
14 Would you please hold the
15 conversations down, or the sergeant-at-arms will
16 ask you to leave the chamber.
17 SENATOR WALDON: The chief of
18 police of the city of Albany, recognizing the
19 riotous condition facing him because all hell
20 broke loose out on the reflective pool, had to
21 immediately make some decisions, and what he
22 said to his captains, lieutenants and sergeants
23 is, "Remove all two-man patrols, reduce them to
7294
1 one-man patrols. Let's double the cars on the
2 street at this time to confront and deal with
3 the situation so that we may manage the safety
4 and security of all the people in the city of
5 Albany."
6 Would that require that this
7 chief of police submit for consideration under
8 the mandate? And I'm not talking about mandate,
9 per se, as described by Senator Dollinger. I'm
10 talking about the procedural mandates of your
11 bill.
12 SENATOR MALTESE: Mr. President.
13 No, because -- the reply is no because all of
14 the cities have contractual obligations with the
15 members of the police forces within their
16 jurisdictions. If they, in the course of any
17 emergency affecting public safety, make
18 decisions, first of all, they would always be
19 entitled to make those decisions. If subsequent
20 to the making of those emergency decisions,
21 there might be some determination between the
22 parties that the rules or the terms of the
23 contract were violated, that would be up to
7295
1 whatever review procedure they had.
2 So in response to the question,
3 if the emergency situation would arise, the
4 field commanders, whatever their ranks, would
5 have the duty and the obligation to proceed to
6 correct the situation in whatever manner they
7 deem fit.
8 SENATOR WALDON: May I continue,
9 Mr. President?
10 ACTING PRESIDENT FARLEY: Senator
11 Waldon.
12 SENATOR WALDON: Did you continue
13 to yield, Senator Maltese?
14 SENATOR MALTESE: Yes.
15 SENATOR WALDON: From what you
16 just said, if I heard you correctly, you're
17 saying that the field commanders are those who
18 should make the decisions about the manner in
19 which they utilize the personnel and the
20 mechanized situations they have under their
21 control, i.e., radio remote control cars and
22 other vehicles, EMS vehicles and whatever. Is
23 that what you're saying?
7296
1 SENATOR MALTESE: Mr. President,
2 the question was referring to an emergency
3 situation. Every police department would have
4 their own rules and regulations in effect as to
5 the proper procedures to follow, and the field
6 commanders in some cases would have the
7 authority to act without concurrence or
8 affirmance from their superior officers, but it
9 would not affect long-term consequences of this
10 statute.
11 SENATOR WALDON: May I ask
12 another question?
13 ACTING PRESIDENT FARLEY: Senator
14 Waldon, I'm sure that Senator Maltese will
15 yield.
16 SENATOR MALTESE: Yes.
17 SENATOR WALDON: Senator, are you
18 saying that what you are suggesting with this
19 piece of proposed legislation would be in
20 violation of the PBA's, in all of the cities
21 concerned, contract with its respective city or
22 it would not be in violation of that contractual
23 relationship?
7297
1 SENATOR MALTESE: Mr. President,
2 I'm not familiar with all the terms and
3 consequences of the contracts between the cities
4 and their police forces. What I am saying is
5 that this bill would seek to make a change that
6 would have to be observed by the municipalities
7 involved, and it would supersede or countermand
8 any positions previously taken or contemplated
9 by the municipality to reduce police officers in
10 the cars, for instance, some of the actions that
11 have recently been contemplated or taken in the
12 city of New York with respect to sergeants and
13 lieutenants and individual police officers.
14 ACTING PRESIDENT FARLEY: Senator
15 Waldon.
16 SENATOR WALDON: Thank you, Mr.
17 President. Senator Maltese, earlier, you said
18 on the emergency conditions, if I heard you
19 correctly, the field commanders have a right to
20 do what they have to do. Just now you said that
21 this contractual obligation, if I heard you
22 correctly -- and correct me if I'm wrong -- is
23 something that has been agreed upon between the
7298
1 parties, the PBA, its representatives, and the
2 City, but does not necessarily violate what you
3 are talking about, the inference being that
4 unless there is a long-range change of the
5 assignment of personnel -- and the specific
6 example you gave, lieutenants and their drivers,
7 if I understand you correctly, and sergeants and
8 their drivers, there is no conflict between what
9 you are proposing and that. Is that correct?
10 SENATOR MALTESE: Mr. President,
11 somewhere along the way I lost Senator Waldon.
12 But the point that I was attempting to make is
13 that we can not equate an emergency situation
14 with a situation and a long-standing practice
15 which would be initiated and followed through on
16 by a municipality. What this is seeking to do
17 is limit to some degree the freedom of action of
18 a municipal official who might act in a
19 precipitous manner rather than upon due
20 deliberation.
21 SENATOR WALDON: I'm coning to a
22 close, Mr. President. If I may ask just a few
23 more questions.
7299
1 ACTING PRESIDENT FARLEY: Will
2 you yield to another few more questions?
3 SENATOR MALTESE: Yes.
4 SENATOR WALDON: Thank you, Mr.
5 President. Senator Maltese, is included in what
6 you have said earlier about the field commander
7 your judgment that the best person to make
8 decisions on police personnel and assignments is
9 the field commander and/or his superior, ergo
10 the chief of police and all subordinate
11 personnel up to the line of execution, meaning
12 the police officer on the street which would be
13 sergeants, lieutenants, captains, majors,
14 colonels, chief of police. Is that correct?
15 SENATOR MALTESE: Mr. President,
16 similar to warfare in the field for an army in
17 the field or a battalion or a regiment or any
18 division of the army, it all depends. And the
19 answer to that question is it all depends. Is a
20 field commander who may be overly concerned with
21 his actions in line with his possible retirement
22 or actions as far as possible promotion always
23 be superior to someone a little up further on
7300
1 the line who would have more of an overview of
2 someone perhaps even further up the line who
3 would be an elected or appointed official. So,
4 again, I guess the answer is, it all depends.
5 SENATOR WALDON: Yes. Mr.
6 President. I was not startled by your response,
7 Senator, but I found it rather amusing.
8 Let me just zero in on where I
9 really want to go with all of this. The field
10 commander is responsible to his appointing
11 authority, which would be normally the chief of
12 police because all ranks above captain are
13 politically determined. The chief of police is
14 a political appointee of the mayor.
15 So, ultimately, as I understand
16 these operations, from the mayor to the chief of
17 police down to the person who executes on the
18 street is where the chain of command runs.
19 Is it your perception that if the
20 chief of police fails and if the mayor fails in
21 terms of taking care of business, the security
22 of the streets of this city that we're now
23 meeting in, Albany, that they should be
7301
1 answerable to the voting public?
2 SENATOR MALTESE: Mr. President,
3 I don't know whether they should be in all
4 circumstances answerable to perhaps the whims of
5 the voting public. But I think that in this
6 particular case in the fulfillment of our
7 responsibilities and obligations as elected
8 officials, we are contemplating the passage of a
9 statute which would affect their judgment and
10 limit and circumscribe their judgment in a
11 specific case.
12 So I guess, in response to the
13 Senator, in some respects they would be subject
14 to the elected officials.
15 SENATOR WALDON: Thank you very
16 much, Senator Maltese.
17 ACTING PRESIDENT FARLEY: Senator
18 Waldon.
19 SENATOR WALDON: If I may speak
20 briefly on the bill.
21 Senator Maltese, I have had many
22 conversations with you. I never experienced as
23 much of a convoluted response as you were able
7302
1 to render today on the floor. I admire the
2 fiction that sometimes we hear here in the
3 chamber. It was done, I'm sure, because of your
4 position on this issue.
5 Let me speak to my position.
6 I feel it's a mistake to take
7 away the authority for assignment of personnel
8 from the chief of police whatever the city. I
9 feel it's a mistake to interfere with the
10 relationship between the chief of police and his
11 appointing authority, the mayor, when it comes
12 to execution on the street level in terms of
13 maintaining safety and security, whether it be
14 in Albany, in New York City, whether it be in
15 the town of Greece as described by Senator
16 Dollinger. I think that is a mistake.
17 And normally I support the PBA on
18 almost every issue and every concern. But on
19 this one issue, simply because I think it's
20 taking away the authority of the person
21 responsible for the safety and security of the
22 streets, especially in the city of New York, I
23 will have to oppose this bill and vote in the
7303
1 no.
2 ACTING PRESIDENT FARLEY: Senator
3 Oppenheimer.
4 Oh, Senator Gold, you're next.
5 SENATOR GOLD: I'll yield to
6 Senator Oppenheimer and then you can come back
7 to me.
8 ACTING PRESIDENT FARLEY: Senator
9 Oppenheimer, Senator Gold yielded -- yields his
10 place to you.
11 SENATOR OPPENHEIMER: I don't
12 know if I'll yield back.
13 SENATOR GOLD: On the other
14 hand.
15 SENATOR OPPENHEIMER: On the
16 other hand. I will be very brief because a lot
17 of the points I wanted to make have already been
18 made.
19 If the Senator would yield for a
20 question, please. Thank you.
21 ACTING PRESIDENT FARLEY: Would
22 you yield to another question?
23 SENATOR OPPENHEIMER: Senator
7304
1 Maltese, is this a one-house bill?
2 SENATOR MALTESE: Mr. President,
3 in response to the question, I have been advised
4 as near as I can ascertain that as of this
5 morning there was no "same as". If we have an
6 extended session, that before the end of the day
7 there is a "same as". So I guess the answer is,
8 at this point in time, your guess is as good as
9 mine.
10 SENATOR OPPENHEIMER: If the
11 Senator will yield again? I think you may have
12 answered my question.
13 ACTING PRESIDENT FARLEY: Would
14 you yield again?
15 SENATOR MALTESE: Yes.
16 SENATOR OPPENHEIMER: And that
17 question is, do you believe that within the next
18 24 hours you will get an Assembly sponsor?
19 SENATOR MALTESE: Mr. President,
20 the problem was not in the Assembly sponsor.
21 The problem was in trying to ascertain whether
22 the bill would end up being properly introduced
23 and end up hitting the floor.
7305
1 SENATOR OPPENHEIMER: Thank you,
2 Senator.
3 On the bill. I just wanted to
4 reiterate a couple of things. As most of you
5 know in the chamber, I was a mayor and I felt
6 very strongly about home rule and bills like
7 this really call into question the competence of
8 the local mayors, the local police chiefs, to
9 concern themselves, the competence to be
10 involved and care enough about their communities
11 and the safety of their people. There is the
12 electoral process to take care of those mayors
13 and other elected officials who are not really
14 caring about their communities and watching over
15 them and paying serious attention to the needs
16 of those communities.
17 I would point out that in
18 involving cities, you involve small cities such
19 as the city where my office is in the district
20 which is Rye city, which has a population of
21 15,000 people. That city is smaller than the
22 village where I was mayor, where we had a
23 population of almost 20,000 people.
7306
1 What happens in these small
2 cities is very often we have our patrols on the
3 street not in cars. We feel that street patrols
4 are more valuable in controlling crime and
5 offering the residents of the community a
6 feeling of security than a car patrol.
7 Therefore, it would probably be necessary to
8 take some people off the street and put them
9 into cars which we feel is counterproductive and
10 doesn't serve the interests of the
11 municipalities and the residents.
12 And the last point is that many
13 of us who do come out of local government
14 believe that home rule is an important
15 philosophic standard in our state and something
16 that the Legislature should not be involving
17 itself in unless it's a matter which perhaps the
18 Legislature has more authority, but it certainly
19 isn't in this instance, and I would vote no on
20 this bill.
21 ACTING PRESIDENT FARLEY: Senator
22 Gold.
23 SENATOR GOLD: Mr. President. I
7307
1 heard the comments made by a number of people
2 and I think it's just a language problem
3 really. When the Republicans say they are not
4 for unfunded mandates, the idea is that is a
5 statement of policy that's supposed to be
6 printed. Then it's printed and it's in the
7 book. And when you read that in the paper, now
8 that memorializes it. It's in the book. Then
9 they can do whatever they want to.
10 They are not for taxes. Then
11 they vote for $5 billion in taxes, because it's
12 already been out there in a press release, you
13 see, so it's in the book.
14 I think it was Jackie Mason. I
15 can talk now because he is not a candidate any
16 more. But he had this whole business on a
17 former president. I won't mention Reagan by
18 name. But he goes like, he says, "Mr.
19 President, you knew." And Ronald Reagan says,
20 "I didn't know." He says, "But you did know."
21 He says, "Well," he says, "maybe I kn.... Yeah,
22 maybe." And he says, "But you knew." And he
23 says, "Well, maybe I knew a little." And it
7308
1 goes on and on, and he admits he knew.
2 Senator Maltese, you are a bright
3 man. You are a wonderful lawyer. Thankfully,
4 you were assistant D.A. in my county. You kept
5 us safe for a while. But any way you look at
6 it, the memorandum from the Conference of Mayors
7 has a big stamp. It says, "unfunded mandate".
8 The memo from the city of New York says it's an
9 unfunded mandate. You are either for unfunded
10 mandates or you are against unfunded mandates.
11 There is no such thing as being in the middle.
12 There was a bill the other day by
13 Senator Velella which had some debate on this
14 floor, and I supported that bill. This is just
15 so different, so completely different. This
16 really is taking over the various police
17 departments.
18 And I must say I'm particularly
19 impressed by the arguments made by some of my
20 colleagues outside the city of New York, because
21 it does have great effect there. I'm impressed
22 by the comments of my colleague from Queens who
23 does have police experience.
7309
1 And this really is a terrible
2 bill; and, whereas there have been worse,
3 Senator Maltese, I will concede that.
4 There has been a request on this
5 side for a slow roll call, and there will be a
6 slow roll call. And I urge all my colleagues to
7 support their localities on this issue and to
8 vote against the bill.
9 ACTING PRESIDENT FARLEY: Read
10 the last section. Slow roll call has been asked
11 for. Ring the bell.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE SECRETARY: Senator Babbush.
15 (There was no reply. )
16 Senator Bruno.
17 SENATOR BRUNO: Yes.
18 THE SECRETARY: Senator Connor.
19 (There was no reply. )
20 Senator Cook.
21 (There was no reply. )
22 Senator Daly.
23 (There was no reply. )
7310
1 Senator DeFrancisco.
2 (There was no reply. )
3 Senator Dollinger.
4 SENATOR DOLLINGER: To explain my
5 vote, Mr. President.
6 ACTING PRESIDENT FARLEY: Senator
7 Dollinger to explain his vote.
8 SENATOR DOLLINGER: To para
9 phrase the words of the immortal George M.
10 Cohan, "This is a Yankee Doodle dud born on the
11 4th of July." I vote strongly in the negative.
12 ACTING PRESIDENT FARLEY: Senator
13 Dollinger is in the negative.
14 Continue the roll call.
15 THE SECRETARY: Senator Espada.
16 SENATOR ESPADA: (Indicating no. )
17 THE SECRETARY: No. Senator
18 Farley.
19 SENATOR FARLEY: Yes.
20 THE SECRETARY: Senator Galiber.
21 SENATOR GALIBER: No.
22 THE SECRETARY: Senator Gold.
23 SENATOR GOLD: No.
7311
1 THE SECRETARY: Senator
2 Gonzalez.
3 (There was no reply. )
4 Senator Goodman.
5 (There was no reply. )
6 Senator Halperin.
7 SENATOR HALPERIN: No.
8 THE SECRETARY: Senator Hannon.
9 SENATOR HANNON: (Indicating
10 yes. )
11 THE SECRETARY: Aye. Senator
12 Hoffmann.
13 SENATOR HOFFMANN: To explain my
14 vote.
15 ACTING PRESIDENT FARLEY: Senator
16 Hoffmann to explain her vote.
17 SENATOR HOFFMANN: I had not
18 intended to speak on this bill. But after
19 listening to some of the descriptive language, I
20 pulled the bill out and read it rather than
21 relying simply on the memorandum. And I am so
22 shocked to see this language here, not just
23 because it is an unfunded mandate because the
7312
1 arrogance of this language makes all of us look
2 bad in this chamber. The suggestion that
3 somehow people in local governments do not take
4 into consideration the safety of police officers
5 is just absolutely one of the most insulting
6 things I've heard, and there were many insulting
7 things that have gone around the last couple of
8 days, but this is truly a tremendous insult to
9 the people who are elected to serve in the
10 municipalities of New York State.
11 I served for a number of years on
12 the Syracuse Common Council. During my three
13 terms, I was a member of the public safety
14 committee, and I was proud of the way that we
15 would earnestly grapple with our budgetary
16 problems, always prioritizing the public safety
17 of the citizens and of the police and fire
18 officers of that city above many, many other
19 pressing concerns. And I don't believe that the
20 people who are elected in the rest of the cities
21 of this state care any less about the police
22 officers who they support through their
23 budgetary concerns.
7313
1 So I will be very happy to vote
2 no on this measure, but I'm very sad that here
3 we are on the 4th of July sending yet another
4 message to the taxpayers of this state that
5 shows that we hold in contempt people elected to
6 serve at the local levels of government.
7 ACTING PRESIDENT FARLEY: Senator
8 Hoffmann in the negative, I think. Right?
9 SENATOR HOFFMANN: In the
10 negative.
11 ACTING PRESIDENT FARLEY: Senator
12 Holland.
13 SENATOR HOLLAND: Aye.
14 THE SECRETARY: Senator Johnson.
15 (There was no reply. )
16 Senator Jones.
17 SENATOR JONES: No.
18 THE SECRETARY: Senator Kuhl.
19 SENATOR KUHL: Aye.
20 THE SECRETARY: Senator Lack.
21 SENATOR LACK: Aye.
22 THE SECRETARY: Senator Larkin.
23 SENATOR LARKIN: Aye.
7314
1 THE SECRETARY: Senator LaValle.
2 SENATOR LAVALLE: Aye.
3 THE SECRETARY: Senator Leichter.
4 SENATOR LEICHTER: No.
5 THE SECRETARY: Senator Levy.
6 (There was no reply. )
7 Senator Libous.
8 SENATOR LIBOUS: Aye.
9 THE SECRETARY: Senator Maltese.
10 SENATOR MALTESE: Aye.
11 THE SECRETARY: Senator Marchi.
12 SENATOR MARCHI: Aye.
13 THE SECRETARY: Senator Marino.
14 (Indicating "Aye." )
15 THE SECRETARY: Aye. Senator
16 Markowitz.
17 SENATOR MARKOWITZ: No.
18 THE SECRETARY: Senator
19 Masiello.
20 SENATOR MASIELLO: No.
21 THE SECRETARY: Senator Mega.
22 SENATOR MEGA: Yes.
23 THE SECRETARY: Senator Mendez.
7315
1 Senator Mendez.
2 SENATOR MENDEZ: (Indicating no. )
3 THE SECRETARY: No. Senator
4 Montgomery.
5 (There was no reply. )
6 Senator Nolan.
7 (There was no reply. )
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Aye.
10 THE SECRETARY: Senator
11 Ohrenstein, no.
12 Senator Onorato.
13 (There was no reply. )
14 Senator Oppenheimer.
15 SENATOR OPPENHEIMER: No.
16 THE SECRETARY: Senator Padavan.
17 SENATOR PADAVAN: Yes.
18 THE SECRETARY: Senator Pataki.
19 SENATOR PATAKI: Yes.
20 THE SECRETARY: Senator Paterson.
21 (There was no reply. )
22 Senator Present.
23 SENATOR PRESENT: Yes.
7316
1 THE SECRETARY: Senator Saland.
2 (There was no reply. )
3 Senator Santiago.
4 (There was no reply. )
5 Senator Sears.
6 (There was no reply. )
7 Senator Seward.
8 (There was no reply. )
9 Senator Sheffer.
10 SENATOR SHEFFER: Yes.
11 THE SECRETARY: Senator Skelos.
12 (There was no reply. )
13 Senator Smith.
14 SENATOR SMITH: (Indicating no. )
15 THE SECRETARY: Senator Solomon.
16 SENATOR SOLOMON: No.
17 THE SECRETARY: Senator Spano.
18 (There was no reply. )
19 Senator Stachowski.
20 SENATOR STACHOWSKI: No.
21 THE SECRETARY: Senator
22 Stafford.
23 SENATOR STAFFORD: Aye.
7317
1 THE SECRETARY: Senator
2 Stavisky.
3 (There was no reply. )
4 Senator Trunzo.
5 SENATOR TRUNZO: Yes.
6 THE SECRETARY: Senator Tully.
7 SENATOR TULLY: Aye.
8 THE SECRETARY: Senator Velella.
9 SENATOR VELELLA: Yes.
10 THE SECRETARY: Senator Volker.
11 (There was no reply. )
12 Senator Waldon.
13 SENATOR WALDON: (Indicating
14 no. )
15 THE SECRETARY: Senator Wright.
16 (There was no reply. )
17 ACTING PRESIDENT FARLEY:
18 Absentees.
19 THE SECRETARY: Senator Connor.
20 (There was no reply. )
21 Senator Cook.
22 SENATOR COOK: Yes.
23 THE SECRETARY: Senator Daly.
7318
1 (There was no reply.)
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes.
4 THE SECRETARY: Senator Gonzalez.
5 SENATOR GONZALEZ: (Indicating
6 no. )
7 THE SECRETARY: No. Senator
8 Goodman.
9 (There was no reply.)
10 Senator Johnson.
11 SENATOR JOHNSON: Aye.
12 THE SECRETARY: Senator Levy.
13 SENATOR LEVY: Aye.
14 THE SECRETARY: Senator
15 Montgomery.
16 (There was no reply. )
17 Senator Nolan.
18 (There was no reply. )
19 Senator Onorato.
20 (There was no reply. )
21 Senator Paterson.
22 (There was no reply. )
23 Senator Saland.
7319
1 SENATOR SALAND: Aye.
2 THE SECRETARY: Senator
3 Santiago.
4 (There was no reply. )
5 Senator Sears.
6 (There was no reply. )
7 Senator Seward.
8 SENATOR SEWARD: Aye.
9 THE SECRETARY: Senator Skelos.
10 (There was no reply. )
11 Senator Spano.
12 SENATOR SPANO: Aye.
13 THE SECRETARY: Senator
14 Stavisky.
15 (There was no reply. )
16 Senator Volker.
17 (There was no reply. )
18 Senator Wright.
19 SENATOR WRIGHT: Aye.
20 THE SECRETARY: Senator Sears.
21 SENATOR SEARS: Aye.
22 ACTING PRESIDENT FARLEY:
23 Results.
7320
1 THE SECRETARY: Ayes 31, nays
2 18.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 SENATOR MEGA: Mr. President.
6 ACTING PRESIDENT FARLEY: Senator
7 Tully. Oh. Senator Mega.
8 SENATOR MEGA: Thank you. Can we
9 return to Calendar 1211, please, on page 25.
10 ACTING PRESIDENT FARLEY: 1211.
11 THE SECRETARY: Calendar Number
12 1211.
13 SENATOR LEICHTER: Mr. President.
14 ACTING PRESIDENT FARLEY: Why do
15 you rise, Senator Leichter?
16 SENATOR LEICHTER: Mr. President,
17 may I have unanimous consent, please, to be
18 recorded in the negative -
19 ACTING PRESIDENT FARLEY: Hold
20 on. Wait a minute. I can't hear what you're
21 saying.
22 SENATOR LEICHTER: Mr.
23 President, may I have unanimous consent to be
7321
1 recorded in the negative on Calendar Numbers
2 1479 and 1505.
3 ACTING PRESIDENT FARLEY: Without
4 objection.
5 THE SECRETARY: Calendar Number
6 1211, by member of the Assembly Mayersohn,
7 Assembly Bill Number 6677B, Criminal Procedure
8 Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 SENATOR DOLLINGER: Can you just
12 give me the calendar -
13 ACTING PRESIDENT FARLEY: Senator
14 Dollinger.
15 SENATOR DOLLINGER: What is the
16 Calendar Number we're on? Excuse me.
17 ACTING PRESIDENT FARLEY: 1211.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll. )
7322
1 THE SECRETARY: Ayes 55, nays 1,
2 Senator Galiber recorded in the negative.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 Senator Present.
6 SENATOR PRESENT: Take up
7 calendar 339, please.
8 ACTING PRESIDENT FARLEY: 339,
9 the Secretary will read.
10 THE SECRETARY: On page 6,
11 Calendar Number 339, by Senator Sears, Senate
12 Bill Number 3452B, with an Assembly Reprint
13 Number of 30,000, Agriculture and Markets Law,
14 in relation to manufacturer's information.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 56.
23 ACTING PRESIDENT FARLEY: The
7323
1 bill is passed.
2 SENATOR PRESENT: Regular order,
3 please.
4 ACTING PRESIDENT FARLEY: Regular
5 order.
6 THE SECRETARY: Calendar Number
7 1338, by Senator Hannon, Senate Bill Number 52
8 -
9 SENATOR PRESENT: Lay it aside.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside.
12 THE SECRETARY: Calendar Number
13 1371, by member of the Assembly Lasher.
14 SENATOR PRESENT: Lay it aside.
15 ACTING PRESIDENT FARLEY: Lay it
16 aside.
17 THE SECRETARY: Calendar Number
18 1431, by the Senate Committee on Rules, Senate
19 Bill Number 6 -
20 SENATOR PRESENT: Lay it aside
21 temporarily.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside temporarily.
7324
1 THE SECRETARY: Calendar Number
2 1452, by the Senate Committee on Rules, Senate
3 Bill Number 6046, an act to amend the Tax Law.
4 SENATOR PRESENT: Lay it aside.
5 ACTING PRESIDENT FARLEY: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 1454, by the Committee on Rules.
9 SENATOR PRESENT: Lay it aside.
10 ACTING PRESIDENT FARLEY: Lay
11 that aside.
12 THE SECRETARY: Calendar Number
13 1478, by the Assembly Committee on Rules,
14 Assembly Bill Number 8654, Retirement and Social
15 Security Law.
16 SENATOR GOLD: Explanation.
17 ACTING PRESIDENT FARLEY:
18 Explanation has been asked for.
19 ACTING PRESIDENT FARLEY: Senator
20 Padavan.
21 SENATOR PADAVAN: Mr. President.
22 ACTING PRESIDENT FARLEY: Senator
23 Padavan, unfortunately, there's an awful lot of
7325
1 conversations going on here. Could you kindly
2 take your conversations outside the chamber.
3 Senator Padavan, you have the
4 floor.
5 SENATOR PADAVAN: Mr. President,
6 this bill will -
7 SENATOR GOLD: Mr. President.
8 ACTING PRESIDENT FARLEY: Senator
9 Gold.
10 SENATOR GOLD: Yes. I just got a
11 very important note from my counsel who tells me
12 we don't need an explanation on this bill.
13 ACTING PRESIDENT FARLEY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 54, nays 2,
21 Senators Kuhl and Pataki recorded in the
22 negative.
23 ACTING PRESIDENT FARLEY: That
7326
1 bill is -- there's some more negatives. 1478.
2 THE SECRETARY: Also in the
3 negative on Calendar Number 1478 are Senators
4 Jones, Dollinger, and Stachowski.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1489, by Senator Holland, Senate Bill Number
9 3996, relating to solid waste treatment and
10 disposal in Orange County.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 SENATOR LEICHTER: Explanation.
14 ACTING PRESIDENT FARLEY:
15 Explanation. Senator Holland.
16 SENATOR LEICHTER: Senator
17 Holland, I was concerned about the provision in
18 this bill, which I mentioned to you, which seems
19 to eliminate competitive bidding. I'm not sure
20 I read it correctly, but I wonder if you could
21 enlighten me on that.
22 SENATOR HOLLAND: Senator, all it
23 does is require a flow for the solid waste. It
7327
1 is not an authority as the one we talked about
2 yesterday. This is simply a requirement that
3 the municipalities give all their solid waste to
4 the counties so the county will have enough
5 waste to generate a cash flow or a profit.
6 SENATOR LEICHTER: And, Senator,
7 it is for that purpose that the bidding process
8 might be eliminated?
9 SENATOR HOLLAND: To my
10 understanding, Senator, there would be no
11 construction, so there would be no bidding
12 required there. There would be bidding as to
13 who handles some of it, and that is covered by
14 the existing law, who handles the incoming
15 refuse.
16 SENATOR LEICHTER: Okay. No
17 objection.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 SENATOR OPPENHEIMER: Mr.
21 President.
22 ACTING PRESIDENT FARLEY: Oh, I
23 didn't see you. I'm sorry. Senator
7328
1 Oppenheimer.
2 SENATOR OPPENHEIMER: Oh....
3 ACTING PRESIDENT FARLEY: It's
4 the lamp not your diminutive size.
5 SENATOR OPPENHEIMER: I'm not
6 taller than the lamp, Mr. President?
7 My concern is, in the -- this
8 flow control legislation, is there any intention
9 to possibly construct incineration facilities in
10 this? I would ask the sponsor, please.
11 ACTING PRESIDENT FARLEY: Senator
12 Holland.
13 SENATOR HOLLAND: No, Senator,
14 not to my knowledge. There has been absolutely
15 no discussion about any construction, much less
16 an incinerator.
17 SENATOR OPPENHEIMER: Okay.
18 Excellent. And if the sponsor would yield one
19 more time.
20 SENATOR HOLLAND: Yes.
21 SENATOR OPPENHEIMER: Senator
22 Holland, do you know if there is any intention
23 to move in the direction of a MRF facility which
7329
1 would sort the recyclables?
2 SENATOR HOLLAND: Not to my
3 knowledge, Senator, at all.
4 SENATOR OPPENHEIMER: Okay.
5 Thank you very much. I will be supporting this.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 56.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1493, by the Assembly Committee on Rules,
18 Assembly Bill Number 8591, an act to amend the
19 Insurance Law.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
7330
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 56.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 SENATOR HOFFMANN: Mr. President.
8 ACTING PRESIDENT FARLEY: Senator
9 Hoffmann to explain her vote.
10 SENATOR HOFFMANN: No. I would
11 request unanimous consent to be recorded on 1478
12 in the negative, if I am not already recorded
13 that way. I believe I was, but I may have been
14 a late entry.
15 ACTING PRESIDENT FARLEY: The
16 desk will check.
17 SENATOR HOFFMANN: Thank you, Mr.
18 President.
19 ACTING PRESIDENT FARLEY: You
20 were not recorded in the negative. You were.
21 SENATOR HOFFMANN: I was recorded
22 correctly.
23 ACTING PRESIDENT FARLEY: You
7331
1 were and you are.
2 THE SECRETARY: Calendar Number
3 1507, by Senator Johnson, Senate Bill Number
4 6079, Environmental Conservation Law.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 SENATOR LEICHTER: Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation. Senator Johnson.
10 SENATOR JOHNSON: Mr. President,
11 this is a chapter amendment to the environmental
12 trust bill we did a few days ago. This provides
13 that several additional properties in the
14 Adirondacks may be purchased and the
15 appropriations increased so that our objective
16 can be realized in regard to the Heurich estate
17 and as far as the Whitney estate, which is also
18 added, this requires the Commissioner to
19 negotiate for the state purchase of this
20 parcel. And we'll get it done in a timely
21 fashion so that we may put the budgetary
22 appropriation in for the fiscal year 1994-95.
23 SENATOR LEICHTER: Mr.
7332
1 President.
2 ACTING PRESIDENT FARLEY: Senator
3 Leichter.
4 SENATOR LEICHTER: Yes, Mr.
5 President. On the bill.
6 ACTING PRESIDENT FARLEY: On the
7 bill.
8 SENATOR LEICHTER: This is the
9 amendment to -
10 Mr. President. This is -- as I
11 think Senator Johnson made clear, it's a chapter
12 amendment to a one-house bill. But the point
13 that this bill makes and one that we made in our
14 debate the other day, the bill being -- it's the
15 environmental trust fund. You may remember that
16 we objected to the fact that there was a
17 limitation on the acquisition of two sites in
18 the Adirondacks. Now, at least one other site
19 is being added, a beautiful site on Lake
20 Champlain. That's exactly the point, that we
21 should not limit by statute what can be acquired
22 in the Adirondacks and every time another site
23 becomes available, you have to pass
7333
1 legislation. This exactly makes the point.
2 And let me just say to you,
3 Senator Stafford, I was up at Wadhams last
4 night, a place that you know and love. It's in
5 the Adirondacks. As I was driving back and
6 recalled how beautiful the Adirondacks was,
7 every time I'm there -- and I'm there maybe
8 thirty times a year. Maybe not quite that
9 many. I wish I were. I'm always struck by the
10 beauty of the Adirondacks, and there are
11 wonderful sites that we need to preserve, and it
12 does so much harm to the Adirondacks not only to
13 preserving the beauty but to the economic
14 well-being of the people in the Adirondacks if
15 we allow sites like the Heurich estate, that I
16 know you're very much concerned about, to fall
17 into private hands to be developed in a way that
18 is inconsistent with the beauty and with the
19 interest that the residents and the visitors
20 have. And we can't conceivably every time we
21 find there's a site available try to pass a
22 bill, go to Senator Stafford, say, "Please,
23 Senator Stafford, can we save that site?"
7334
1 It just shows that we were right
2 when we argued two or three days ago, whatever
3 it was, that that limitation in the Johnson
4 environmental trust fund was a mistake.
5 SENATOR GOLD: Will Senator
6 Leichter yield to a question?
7 ACTING PRESIDENT FARLEY: Senator
8 Leichter, would you yield to a question from
9 Senator Gold?
10 SENATOR LEICHTER: Yes.
11 SENATOR GOLD: Senator Leichter,
12 you are getting me a little bit annoyed. It's
13 July 4th, and we're here away from our families,
14 and I know the way I feel about one-house
15 bills. You're telling me this is the son of a
16 one-house bill?
17 SENATOR LEICHTER: It's the son
18 of a something of a one-house bill.
19 ACTING PRESIDENT FARLEY: Senator
20 Oppenheimer.
21 SENATOR OPPENHEIMER: Sometimes
22 our humor blossoms as the hours mount.
23 I'm happy to see that the
7335
1 substance of the -- part of the substance of the
2 amendment that I made a few days ago is
3 incorporated in that the two properties, the
4 Whitney and the Heurich properties, on Lake -
5 the one on Lake Champlain -- have been added.
6 But I think I just want to
7 reiterate very briefly what Senator Leichter
8 said, that just by adding these two properties
9 indicates that there's no way we can know for
10 the future what other valuable properties will
11 present themselves; and, therefore, to limit
12 ourselves in this one area, unlike any other
13 area of the state, really does not seem to be in
14 the best interests of either the Adirondacks or
15 of us.
16 And, of course, this is still not
17 a negotiated bill, so we will have to wait and
18 see what comes out from both houses.
19 ACTING PRESIDENT FARLEY: Senator
20 Dollinger.
21 SENATOR DOLLINGER: Mr.
22 President. I didn't think this was the son of a
23 bill. I thought this was the mother of all one
7336
1 house bills.
2 I have one quick question of
3 Senator Johnson, if I may, Mr. President, if
4 he'd yield.
5 ACTING PRESIDENT FARLEY: Senator
6 Johnson, would you yield to a question from
7 Senator Dollinger?
8 SENATOR JOHNSON: Yes, Mr.
9 President.
10 SENATOR DOLLINGER: Senator, in
11 making the technical corrections, did we have a
12 source of revenue for money to buy these two
13 parcels of property, or is this the same
14 environmental trust fund that didn't have a
15 source of funds attached to it that we debated a
16 couple days ago?
17 SENATOR JOHNSON: Senator,
18 anything the Governor wants to do has a source
19 of funds. Anything he doesn't want to do
20 doesn't have a source of funds. Very curious
21 circumstance, but that's the way it is,
22 Senator.
23 SENATOR DOLLINGER: Okay. Mr.
7337
1 President, on the bill.
2 When I spoke and voted against
3 this bill whenever it was, two or three days
4 ago, not because it was a one-house bill, but
5 because it was a bill that was a shopping list
6 without any money. It's like giving your son or
7 -- as I think I used that time, give them a car
8 but don't give them gas to run the car, don't
9 give them the keys to run the car.
10 What now we're engaged in is
11 creating a shopping list of things that we
12 should buy in the Adirondack area but we're not
13 giving any money to be able to afford it. So we
14 write out this little shopping list, and now
15 we've got a couple add-ons, and I'm sure there
16 are other things that people would like to buy
17 in the park or outside the park, but we're not
18 really giving any money to make the thing
19 actually work.
20 Senator Johnson's comment about
21 the Governor's ability to find it, he may have
22 the ability to find funds, but certainly the
23 approach of this house is: We want you to do
7338
1 all the shopping, but we don't want to tax
2 anybody to have to find the money to allow you
3 to pay for it.
4 So I think that is hypocrisy that
5 I talked about in the first bill. This is the
6 son of a one-house bill, and it doesn't deserve
7 to go any further.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1507 are
17 Senators Espada, Gold, Leichter, Markowitz,
18 Mendez, Montgomery, Ohrenstein, Oppenheimer,
19 Smith, Solomon, also Senator Dollinger, also
20 Senator Connor recorded in the negative. Ayes
21 44, nays 12.
22 ACTING PRESIDENT FARLEY: Bill is
23 passed.
7339
1 Senator Present.
2 SENATOR PRESENT: Would you
3 recognize Senator Volker, please.
4 ACTING PRESIDENT FARLEY: Senator
5 Volker.
6 SENATOR VOLKER: Mr. President,
7 could I be recorded -- on page 25, Calendar
8 Number 1260, Rules 1260, would the record
9 reflect that had I been here I would have voted
10 in the affirmative.
11 ACTING PRESIDENT FARLEY: The
12 record will show that had you been here you
13 would have voted in the affirmative.
14 SENATOR PRESENT: Mr. President.
15 ACTING PRESIDENT FARLEY: Senator
16 Present.
17 SENATOR PRESENT: Can we call up
18 Calendar 1431.
19 ACTING PRESIDENT FARLEY: 1431,
20 the Secretary will read.
21 THE SECRETARY: Calendar Number
22 1431, by the Senate Committee on Rules, Senate
23 Bill Number 6049, amends Chapter 814 of the Laws
7340
1 of 1987.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 -
6 SENATOR OPPENHEIMER:
7 Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation. Who has that bill?
10 Senator Stafford.
11 SENATOR STAFFORD: Mr. President,
12 I would first point out to my colleagues when I
13 went to my first meeting with our outside
14 accountants, I was wondering do we really need
15 this? Is this something we just pass to satisfy
16 this one or that one or this group or that
17 group?
18 Since I have been at the meetings
19 and listened, I think it is very useful. What
20 this really does, it makes sure that we have
21 internal controls so that we will not have
22 problems. This bill does nothing more than
23 continue the program that we have had for the
7341
1 past five years.
2 ACTING PRESIDENT FARLEY: Senator
3 Jones.
4 SENATOR JONES: Mr. President, I
5 believe there is an amendment up there. I would
6 like it to be called up and waive its reading,
7 please.
8 ACTING PRESIDENT FARLEY: Yes,
9 there is, Senator Jones.
10 SENATOR JONES: I agree with what
11 Senator Stafford just said. We certainly do
12 need internal controls; however, I'm offering an
13 amendment today. I couldn't let the year go by
14 without giving us one more opportunity to do
15 what I think we should have done long ago.
16 Apparently, I'm told, that in
17 1987 is when this started, and what we're doing
18 now, which is certainly a good thing -- I notice
19 all my furniture has a little tag so we know it
20 belongs to the Senate, and I know there are time
21 cards so we know what hours people are working,
22 all of which seem like good things.
23 But then I think to myself, well,
7342
1 how much is in my office. I know my two
2 computers, but I don't have an idea personally
3 of how much, for instance, equipment, what the
4 cost of it is, in my own office. And, clearly,
5 the public doesn't know any of these things.
6 So the Comptroller -- the
7 internal audit is certainly good, as far as it
8 goes. However, in the other agencies within the
9 state government, the Comptroller obtains
10 monthly reports, very detailed. And if I want
11 to look, for instance at Corrections, I don't
12 have to get one big lump sum. I can look at it
13 by prison.
14 If I want to look at for SUNY, it
15 doesn't tell me one giant amount for
16 electricity, for instance, for the whole SUNY
17 campuses. I can see which one is Brockport,
18 which one is Geneseo, et cetera.
19 8,250 pages are what the other
20 agencies turn out. Senate in that same period
21 of time turns out six pages. So in these micro
22 fils that I'm holding up, I'm told that the
23 Senate report would be equivalent to a dot on
7343
1 these microfilms.
2 What I'm saying to you today is
3 I'm asking that -- I agree that this internal
4 audit should continue, and I think it should be
5 made permanent, not just keep extending it.
6 My amendment calls for it to be
7 made permanent, and let's add to that that we do
8 a different kind of audit. A financial report
9 could be completed for each house here in the
10 Legislature with the current staff at no
11 additional cost, and that an independent audit
12 could be competitively bid and the cost should
13 probably be roughly between 50,000 and 100,000.
14 I'm positive nobody is going to
15 ask me where I would get that money in view of
16 all the millions that we've been spending lately
17 that we also don't have. So this is a fairly
18 small amount.
19 And just as a suggestion, last
20 year, you budgeted payment 3.5 million for
21 mailing, and postal purchases I believe was
22 around 6. So there must have been an extra 3
23 million in there. Certainly we can use a
7344
1 portion of that to do what I think is the right
2 thing.
3 I think if we really want to
4 maintain fiscal responsibility and to keep the
5 public apprised of the expenses of each house,
6 an annual financial report has to be prepared,
7 and it should be individually itemized, as I've
8 said before, specific amounts for every
9 expenditure.
10 I also still have here from the
11 house -- this is a quarter here. Again, we're
12 down to the $1.42. It's very easy to look up
13 every single member here, find out what every
14 one of their staff is paid during that period of
15 time, every other -- subscription to magazines,
16 you name it, it is all here for the public to
17 look at.
18 Now, I'm assuming the reason for
19 that is it's tax money that paid for all the
20 things in this book. Well, I'm here to say to
21 you today that I'm also of the opinion that tax
22 money has paid for all the things I see here and
23 all the things that we're using as a legislator,
7345
1 including your computers and your staff, your
2 mailings. And I do not see how we can continue
3 to go on with this, hiding this information from
4 the public.
5 So I'm asking you to accept this
6 amendment. You have one last chance this year
7 to do what I consider the right thing.
8 (Whereupon, Senator Seward was in
9 the chair. )
10 SENATOR LEICHTER: Mr. President.
11 ACTING PRESIDENT SEWARD: Senator
12 Leichter.
13 SENATOR LEICHTER: Mr.
14 President. I finally found something that it's
15 appropriate to do on July 4th, because as we
16 know, July 4th was Independence Day, really one
17 of the great milestones in the evolution of
18 democracy.
19 And wouldn't it be wonderful if
20 we gave at least some sense of justification of
21 our being here by passing Senator Jones'
22 amendment. And I really want to commend her
23 because it is so appropriate and so correct and
7346
1 so needed that there be an independent, open,
2 full audit of this Legislature.
3 It is appalling that the only
4 branch of government that isn't subject to the
5 sort of openness and scrutiny which all
6 government should be is the Legislature.
7 Now, what is the reason for this?
8 Are we hiding some things? Well, some of us
9 suspect that there are a few things being
10 hidden. Maybe some people will say, "Well, the
11 amount we spend is so de minimus." I don't
12 know, it's $168 million. Even in the days of
13 inflation, that's a lot of money.
14 Maybe somebody will say, well,
15 our performance is so perfect that, you know,
16 there is no need to audit us. And once you stop
17 laughing, I don't think you have to go any
18 further in answering that one. I mean,
19 obviously, we ought to be subject to the same
20 rules that we want to subject every government
21 to, and I just can't understand the Majority in
22 this house and to some extent the Majority in
23 the other house, although I think they are
7347
1 somewhat more open than the Republicans are in
2 this house, saying, "No, you can't audit us," or
3 "Freedom of Information laws don't apply to
4 us," or "Open meeting laws don't apply to us."
5 What is there about the
6 Legislature? Why are we so sacrosanct? Are we
7 like the crown? Are we like King George III, our
8 actions should not be questioned, our actions
9 should not be looked at? What is it?
10 How can we with a straight face
11 say to people, one is, they have no right to
12 know how we spend their money when it is spent
13 by the Legislature, and that people cannot have
14 our actions, our financial affairs audited?
15 And what Senator Jones says is,
16 Listen, what's sauce for the goose is sauce for
17 the gander. What's good for the executive is
18 good for the Legislature. And certainly all of
19 us, the public at large but all of us in the
20 Legislature, would benefit and again for knowing
21 how money is being spent, how we do things.
22 Maybe we could find some ways to
23 save money. I often hear, particularly my
7348
1 friends on the other side of the aisle, when
2 they're not voting for sponsoring bills that
3 require more expenditures, saying how we got to
4 cut government expenditure. Well, maybe we find
5 some ways to cut our expenditures here in the
6 Legislature, but we need to know how those
7 expenditures are being made.
8 So all that Senator Jones says is
9 have a full, complete, open audit. And, again,
10 as I said before, my dear friends and
11 colleagues, let's do it on July 4. Let this be
12 a declaration of integrity and fiscal
13 responsibility for the Legislature.
14 ACTING PRESIDENT SEWARD: On the
15 amendment. All those in favor, say aye.
16 (Response of "Aye.")
17 SENATOR GOLD: Mr. President.
18 Party vote in favor of this amendment sponsored
19 by our very distinguished colleague from Monroe
20 County.
21 SENATOR PRESENT: Party vote in
22 the negative.
23 (The Secretary called the roll on
7349
1 the amendment. )
2 THE SECRETARY: Ayes 23, nays 34,
3 party vote.
4 ACTING PRESIDENT SEWARD: The
5 amendment is defeated.
6 SENATOR KUHL: Last section.
7 ACTING PRESIDENT SEWARD: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT SEWARD: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 57.
15 ACTING PRESIDENT SEWARD: The
16 bill is passed.
17 SENATOR KUHL: Regular order.
18 THE SECRETARY: Calendar Number
19 1523, by Senator Johnson, Senate Bill Number
20 5976, an act to amend the Environmental
21 Conservation Law.
22 SENATOR GOLD: Explanation.
23 ACTING PRESIDENT SEWARD:
7350
1 Explanation has been called for.
2 SENATOR JOHNSON: Mr. President.
3 ACTING PRESIDENT SEWARD: Senator
4 Johnson.
5 SENATOR JOHNSON: The population
6 of winter flounder is in a state of collapse up
7 and down the East Coast. There is a fisheries
8 management plan been developed by the Atlantic
9 States Marine Fisheries Commission to deal with
10 this; calls for a reduction of 30 percent in
11 fishing effort.
12 We know that the stock is in a
13 state of collapse because in our state it's gone
14 from a high some seven or eight years of ten
15 million pounds caught a year to approximately
16 one and a half million pounds in the most recent
17 season, '92 season.
18 Emergency measures are required.
19 Many things have been considered.
20 What this bill calls for is a
21 closed season from November 1 to March 21, both
22 recreational and commercial fisheries, and a
23 career limit of five flounder per day per
7351
1 recreational fisherman.
2 This also provides that if these
3 measures do not succeed in reducing the fish
4 take substantially so that there will be a
5 sufficient breeding stock for the fishery to
6 recoup in numbers, then the department will be
7 permitted to put other rules and regulations
8 into effect to achieve that result.
9 SENATOR GOLD: Mr. President.
10 ACTING PRESIDENT SEWARD: Senator
11 Gold.
12 SENATOR GOLD: There are two
13 memorandums on this bill that I have. One is by
14 the department which supports the bill. The
15 other from the New York State AFL-CIO which says
16 that they represent commercial, quote, "fisher
17 folk", end quote, and they are in opposition to
18 the bill.
19 Last section.
20 ACTING PRESIDENT SEWARD: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect -
7352
1 SENATOR LAVALLE: Mr. President.
2 ACTING PRESIDENT SEWARD: Senator
3 LaValle.
4 SENATOR LAVALLE: Mr. President.
5 I rise to explain my vote.
6 ACTING PRESIDENT SEWARD: Senator
7 LaValle to explain his vote.
8 SENATOR LAVALLE: Mr. President,
9 I think my remarks can be put in the category of
10 good news-bad news.
11 The good news is that Senator
12 Johnson and I agree somewhat that the resource
13 here has been declining.
14 The bad news, and the reason why
15 I rise to vote against this legislation, is that
16 as you have gathered from our many debates and
17 the many bills that have been before us, whether
18 it be striped bass or wheat fish or, today,
19 flounder, that the commercial fishermen have
20 been placed in a situation that they cannot fish
21 for any of the resources that are available to
22 them because we keep regulating that they cannot
23 go out at certain times of the year.
7353
1 Here we have a fish that would be
2 a winter fish for them to fish during a low time
3 of the year, and yet they are being deprived
4 from going out and making a living.
5 If Senator Johnson -- and I agree
6 with him that the resource is in trouble. If we
7 keep limiting when people can go out and fish,
8 we have to give them some sort of support so
9 that we do not drive out of business our
10 commercial fishermen.
11 So, Mr. President, I rise in the
12 negative on this legislation.
13 ACTING PRESIDENT SEWARD: Senator
14 LaValle in the negative.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 35, nays 2.
17 Senators LaValle and Waldon recorded in the
18 negative.
19 ACTING PRESIDENT SEWARD: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1526, substituted earlier today, by the Assembly
23 Committee on Rules, Assembly Bill Number 8736,
7354
1 Environmental Conservation Law.
2 SENATOR SOLOMON: Mr. President.
3 ACTING PRESIDENT SEWARD: Senator
4 Solomon.
5 SENATOR SOLOMON: I'd just like
6 to explain my vote unless someone asks for an
7 explanation.
8 SENATOR LEICHTER: Explanation.
9 ACTING PRESIDENT SEWARD:
10 Explanation has been called for, Senator
11 Marchi.
12 SENATOR MARCHI: Mr. President,
13 this act provides that a solid waste facility in
14 a city of a million or more, in this case New
15 York City, owned -- not owned or operated by a
16 municipality shall have a valid license before
17 they can begin operation of a facility, so that
18 if it's -- it's a non-municipally -- an
19 operation not operated by a municipality, before
20 they can begin, they shall have -- they shall be
21 compelled to produce an approval by the
22 Department of Environmental Conservation. If
23 they are operating without a permit -- permit,
7355
1 they shall have until January 1st of 1995 to
2 submit a complete application for such a
3 permit.
4 On the other hand, if they own -
5 if they own the facility, they shall require it
6 if they're not operating but, however, if they
7 are in operation they shall of 90 -- they shall
8 have 30 months total from January 1st, 1994
9 forward.
10 This bill has the -- had
11 originally been in issue with the city of New
12 York. However, they have, with the amendment,
13 they have agreed to its provision.
14 ACTING PRESIDENT SEWARD: Senator
15 Leichter.
16 SENATOR LEICHTER: Senator
17 Marchi, I think you've answered the question I
18 have. I know there was a similar bill, I
19 believe it was a Marchi-Connelly bill.
20 SENATOR MARCHI: Yes. That's
21 still on the calendar, but I'm going to star
22 that, but this one takes its place.
23 SENATOR LEICHTER: This one is
7356
1 acceptable to the City.
2 SENATOR MARCHI: But I believe
3 Senator Solomon has a statement.
4 SENATOR SOLOMON: Senator, all I
5 have is one question.
6 ACTING PRESIDENT SEWARD:
7 Senator, would you yield?
8 SENATOR SOLOMON: Senator, if a
9 -- I'm reading this again. If the facility is
10 owned by the City and had been in operation and
11 then was closed by the city of New York under
12 this legislation, would it require a permit
13 before it could reopen or would they have that
14 30-month grace period?
15 SENATOR MARCHI: If they're in
16 operation now?
17 SENATOR SOLOMON: No, they have
18 now closed, but it's owned by the city of New
19 York, and it had been in operation, in order to
20 reopen, they did not have the permit.
21 SENATOR MARCHI: They would have
22 to have a permit to open.
23 SENATOR SOLOMON: O.K. Thank
7357
1 you. I'd like to make -- explain my vote.
2 I think this is very -- this is
3 very good legislation, Senator Marchi, but I'd
4 like to relay a story about the Brooklyn
5 Southwest Incinerator.
6 For ten years, the city of New
7 York operated that without a permit. For ten
8 years, DEC did not move to close that facility
9 down. In fact, a consent order signed by DEC
10 with the City was literally a joke because the
11 City signed consent orders for expiration dates
12 that already expired prior to -- literally had
13 expired prior to the date of the signing of the
14 consent order, so they were in violation on the
15 day the consent orders were re-signed.
16 The problem with this legislation
17 is that we are allowing DEC to enforce the law
18 against the municipality which it has not done
19 in the past. I only hope that you come back
20 with legislation next year, and I warn you that
21 if you want this to be effective you're going to
22 have to come back with legislation where there
23 are substantial penalties and we have to move in
7358
1 some other way to get those penalties enforced
2 because the past has been that DEC has allowed
3 the city of New York to operate, no matter what
4 they do with the facility. That's why I'm going
5 to vote -
6 ACTING PRESIDENT SEWARD: Senator
7 Marchi.
8 SENATOR MARCHI: By way of
9 explaining my vote.
10 ACTING PRESIDENT SEWARD: Senator
11 Marchi to explain his vote.
12 SENATOR MARCHI: I'm glad this
13 was shared with me by Senator Solomon, and I
14 believe that we should monitor very carefully
15 and take the action that you indicated in the
16 event that there are frustrations along the
17 way. I don't expect them, Senator, but -
18 ACTING PRESIDENT SEWARD: Senator
19 Oppenheimer.
20 SENATOR OPPENHEIMER: If Senator
21 Marchi would just yield for one question. There
22 is concern that -- that many of the unpermitted
23 transfer stations are simply going to close down
7359
1 and then move elsewhere and -- and illegally
2 operate somewhere else in the City, and I think
3 the City and the DEC both -- both think this
4 would be an enforcement nightmare.
5 What would prevent that from
6 occurring?
7 SENATOR MARCHI: I assume -
8 ACTING PRESIDENT SEWARD: I
9 assume they're withdrawing the roll call. I
10 assume that we've withdrawn the roll call or -
11 Senator Marchi, we had not had the reading of
12 the last section.
13 SENATOR MARCHI: Oh, all right.
14 Again, your question is that if this -- you're
15 concerned about the transfer stations being
16 moved, but they have time until -- until January
17 1st, 1995.
18 SENATOR OPPENHEIMER: Then the
19 concern that I have heard from the City and DEC
20 is that, if we force these stations to close
21 down, they will simply move to another spot and
22 start operating illegally.
23 SENATOR MARCHI: Well, the
7360
1 alternatives, Senator, are unacceptable. It
2 does -- at some point we just have to -- we just
3 have to face that issue and -
4 SENATOR OPPENHEIMER: Thank you,
5 Senator. It's a good bill. It's just perceived
6 as potentially an enforcement nightmare.
7 SENATOR MARCHI: Yeah. I feel
8 that the amendment was addressed. We -- you're
9 expressing a concern with a prior bill which is
10 still on the calendar and which I'm going to
11 star. But it has been addressed by the
12 amendment, and I -- there is no disagreement at
13 this point except for the issue that was raised
14 by Senator Solomon, and that will depend on
15 unfolding events.
16 SENATOR OPPENHEIMER: Thank you.
17 ACTING PRESIDENT SEWARD: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT SEWARD: Call
22 the roll.
23 (The Secretary called the roll. )
7361
1 THE SECRETARY: Ayes 57.
2 ACTING PRESIDENT SEWARD: The
3 bill is passed.
4 SENATOR PRESENT: Do your
5 housekeeping.
6 ACTING PRESIDENT FARLEY:
7 Housekeeping. Any motions on the floor? We have
8 some substitutions.
9 THE SECRETARY: On page 5 of
10 today's calendar, Senator Sears moves to
11 discharge the Committee on Rules from Assembly
12 Bill Number 5905-B and substitute it for the
13 identical Third Reading 107.
14 ACTING PRESIDENT FARLEY:
15 Substitution is ordered.
16 THE SECRETARY: On page 12,
17 Senator Stafford moves to discharge the
18 Committee on Rules from Assembly Bill Number
19 3999-B and substitute it for the identical
20 Calendar Number 692.
21 ACTING PRESIDENT FARLEY:
22 Substitution ordered.
23 THE SECRETARY: On page 19,
7362
1 Senator Holland moves to discharge the Committee
2 on Rules from Assembly Bill Number 1994-A and
3 substitute it for the identical Third Reading
4 905.
5 ACTING PRESIDENT FARLEY:
6 Substitution ordered.
7 SENATOR SEWARD: Mr. President.
8 ACTING PRESIDENT FARLEY: Senator
9 Seward.
10 SENATOR SEWARD: I offer the
11 following amendment to Calendar Number 1529 on
12 Supplemental Calendar 1, Assembly -- or Senate
13 Print Number 720-B and ask that the bill retain
14 its place on the Third Reading Calendar.
15 ACTING PRESIDENT FARLEY:
16 Amendments are received. The bill will retain
17 its place.
18 Senator Marchi.
19 SENATOR MARCHI: This is in
20 reference to the bill that we were discussing
21 before. Calendar Number 1158 on page 24, I'm
22 placing a sponsor's star on that.
23 ACTING PRESIDENT FARLEY: 1158 is
7363
1 starred at the request of the sponsor.
2 Senator Galiber.
3 SENATOR GALIBER: Mr. President,
4 may I have unanimous consent to be recorded in
5 the negative on 1507?
6 ACTING PRESIDENT FARLEY: 1507,
7 Senator Galiber will be in the negative.
8 SENATOR GALIBER: Thank you,
9 sir.
10 ACTING PRESIDENT FARLEY: Are
11 there any other motions or suggestions from the
12 floor?
13 Senator Present, you had one.
14 SENATOR PRESENT: Mr. President,
15 I'd ask that we stand at ease for a few moments.
16 ACTING PRESIDENT FARLEY: The
17 Senate will stand at east for a few moments.
18 (The Senate stood at ease from
19 6:08 p.m., to 6:25 p.m.)
20 ACTING PRESIDENT FARLEY: Senator
21 Sears.
22 SENATOR SEARS: Page 35, Calendar
23 Number 1507, Print Number 6079, I'd like to be
7364
1 recorded in the negative on that bill.
2 ACTING PRESIDENT FARLEY: 1509,
3 Senator Sears?
4 SENATOR SEARS: No, it's Calendar
5 Number 1506. I'm sorry, hold it, hold it.
6 1507.
7 ACTING PRESIDENT FARLEY: Without
8 objection.
9 Senator Goodman, then Senator
10 Cook.
11 SENATOR GOODMAN: Mr. President,
12 for the record, if I'd been in the chamber
13 yesterday at the time that Calendar 1262, print
14 5700, was called, I would have voted in the
15 negative, and may I ask unanimous consent to be
16 recorded in the negative on today's Calendar
17 1260, Senate Print 5853-A.
18 ACTING PRESIDENT FARLEY: All
19 right.
20 SENATOR GOODMAN: Had I been in
21 the chamber, I would have voted in the negative
22 on both of those.
23 ACTING PRESIDENT FARLEY: Had you
7365
1 been in the chamber, the record will so state.
2 Senator Cook.
3 SENATOR COOK: Will you please
4 record me in the negative on Calendar Number
5 1507, and I move that the following bill be
6 discharged from its committee and be recommitted
7 with instructions to strike the enacting clause:
8 Senate Print Number 5171.
9 ACTING PRESIDENT FARLEY: 5171,
10 without objection.
11 (The Senate stood at ease from
12 6:26 p.m., to 6:31 p.m.)
13 ACTING PRESIDENT FARLEY: Senate
14 will come to order. Senator Present.
15 SENATOR PRESENT: Do you have any
16 substitutions at the desk?
17 ACTING PRESIDENT FARLEY: We do.
18 SENATOR PRESENT: Let's take care
19 of the substitutions.
20 ACTING PRESIDENT FARLEY:
21 Secretary will read the substitutions from the
22 Assembly.
23 THE SECRETARY: On Supplemental
7366
1 Calendar Number 1, Senator Goodman moves to
2 discharge the Committee on Rules from Assembly
3 Number 6708-A and substitute it for the
4 identical Third Reading 1533.
5 Senator Stafford moves to
6 discharge the Committee on Rules from Assembly
7 Bill Number 6319-A and substitute it for the
8 identical Third Reading 1536.
9 Senator Stafford moves to
10 discharge the Committee on Rules from Assembly
11 Bill Number 7929-B and substitute it for the
12 identical Third Reading 1541.
13 Senator Connor moves to discharge
14 the Committee on Rules from Assembly Bill Number
15 7898-A and substitute it for the identical
16 Calendar Number 1544.
17 Senator Skelos moves to discharge
18 the Committee on Rules from Assembly Bill Number
19 8448-A and substitute it for the identical Third
20 Reading 1549.
21 Senator Pataki moves to discharge
22 the Committee on Rules from Assembly Bill Number
23 8685 and substitute it for the identical Third
7367
1 Reading 1563.
2 ACTING PRESIDENT FARLEY: All
3 those substitutions are ordered.
4 What's your pleasure, Senator
5 Present?
6 SENATOR PRESENT: Let's take up
7 the non-controversial calendar on Supplemental
8 Calendar.
9 ACTING PRESIDENT FARLEY: On the
10 Supplemental Calendar Number 1 dated Sunday,
11 July 4th, non-controversial.
12 SENATOR PRESENT: 102 on the
13 other calendar.
14 ACTING PRESIDENT FARLEY: Let's
15 go to 102 on the regular calendar first. We
16 have a message, Senator Present.
17 THE SECRETARY: On page 4 of the
18 regular calendar, of the regular calendar, on
19 page 4, Calendar Number 102, by Senator Bruno,
20 Senate Bill Number 2354-C, an act to amend the
21 Economic Development Law and the State Finance
22 Law.
23 ACTING PRESIDENT FARLEY: Senator
7368
1 Present.
2 SENATOR PRESENT: Mr. President,
3 I understand that there's a message of necessity
4 at the desk. I move we accept the message.
5 ACTING PRESIDENT FARLEY: All in
6 favor of accepting the message, say aye.
7 (Response of "Aye.")
8 Those opposed, nay.
9 (There was no response. )
10 The message is accepted. You can
11 read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 ACTING PRESIDENT FARLEY: Now, we
21 go to Supplemental Calendar Number 1.
22 THE SECRETARY: Supplemental
23 Calendar Number 1, Calendar Number 1530, Senator
7369
1 Jones moves to discharge the Committee on Rules
2 from Assembly Bill Number 2407-B and substitute
3 it for the identical Third Reading 1530.
4 ACTING PRESIDENT FARLEY:
5 Substitution is ordered. Senator Jones -
6 Senator Jones has a home rule message here at
7 the desk. You can read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 58.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1531, Senator LaValle moves to discharge the
18 Committee on Rules from Assembly Bill Number
19 2590, and substitute it for the identical
20 Calendar Number 1531.
21 ACTING PRESIDENT FARLEY:
22 Substitution ordered. Read the last section.
23 THE SECRETARY: Section 2. This
7370
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 58.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1532, Senator Larkin moves to discharge the
10 Committee on Rules from Assembly Bill Number
11 7888-A and substitute it for the identical Third
12 Reading 1532.
13 ACTING PRESIDENT FARLEY:
14 Substitution ordered. Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 58.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
7371
1 1534, Senator Stafford moves to discharge the
2 Committee on Rules from Assembly Bill Number
3 6321 and substitute it for the identical Third
4 Reading 1534.
5 ACTING PRESIDENT FARLEY:
6 Substitution is ordered. Read the last
7 section.
8 THE SECRETARY: Section 2 -
9 SENATOR STACHOWSKI: Lay it
10 aside.
11 ACTING PRESIDENT FARLEY:
12 Withdraw the roll call. Lay it aside.
13 THE SECRETARY: Calendar Number
14 1535, by Senator Stafford, Senate Bill Number
15 4189, to repeal subparagraph (e) of paragraph
16 2.
17 ACTING PRESIDENT FARLEY: This is
18 not a sub. Read the last section.
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 ACTING PRESIDENT FARLEY: Laid
22 aside.
23 THE SECRETARY: Calendar Number
7372
1 1537, Senator Stafford moves to discharge the
2 Committee on Rules from Assembly Bill 6 -
3 SENATOR STACHOWSKI: Lay aside.
4 ACTING PRESIDENT FARLEY: Let's
5 substitute it first.
6 THE SECRETARY: Senator Stafford
7 moves to discharge the Committee on Rules from
8 Assembly Bill Number 6325 and substitute it for
9 the identical Third Reading 1537.
10 ACTING PRESIDENT FARLEY:
11 Substitution is ordered. Now, lay the bill
12 aside.
13 THE SECRETARY: Calendar Number
14 1538, Senator Goodman moves to discharge the
15 Committee on Rules from Assembly Bill Number
16 4740-a and substitute it for the identical
17 Calendar Number 1538.
18 ACTING PRESIDENT FARLEY:
19 Substitution ordered. You can read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 SENATOR STACHOWSKI: Lay aside.
7373
1 ACTING PRESIDENT FARLEY: Laid
2 aside.
3 THE SECRETARY: Calendar Number
4 1539, Senator Velella moves to discharge the
5 Committee on Rules from Assembly Bill Number
6 3757-A, and substitute it for the identical
7 Third Reading 1539.
8 ACTING PRESIDENT FARLEY:
9 Substitution is ordered. Lay the bill aside.
10 THE SECRETARY: Calendar Number
11 1540, Senator Saland moves to discharge the
12 Committee on Rules from Assembly Bill Number
13 7660.
14 SENATOR STACHOWSKI: Lay aside.
15 THE SECRETARY: And substitute it
16 for the identical Third Reading 1540.
17 ACTING PRESIDENT FARLEY:
18 Substitution is ordered, but lay the bill
19 aside.
20 THE SECRETARY: Calendar Number
21 1542, Senator Velella moves to discharge the
22 Committee on Rules from Assembly Bill Number
23 8074 and substitute if for the identical
7374
1 Calendar Number 1542.
2 ACTING PRESIDENT FARLEY:
3 Substitution is ordered. There's a home rule
4 message here at the desk. You can read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act -
8 SENATOR LEICHTER: Lay aside.
9 ACTING PRESIDENT FARLEY: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 1543.
13 ACTING PRESIDENT FARLEY: That's
14 high, isn't it? Laid aside.
15 THE SECRETARY: Calendar Number
16 1546.
17 SENATOR PRESENT: Lay it aside.
18 ACTING PRESIDENT FARLEY: Laid
19 aside.
20 Can we sub it first and then
21 we'll lay it aside.
22 THE SECRETARY: Senator Hannon
23 moves to discharge the Committee on Rules from
7375
1 Assembly Bill Number 8404 and substitute it for
2 the identical Third Reading 1546.
3 ACTING PRESIDENT FARLEY:
4 Substitution is ordered. Lay the bill aside.
5 THE SECRETARY: Calendar Number
6 1547, Senator Seward moves to discharge the
7 Committee on Rules from Assembly Bill Number
8 8546-A and substitute it for the identical Third
9 Reading 1547.
10 ACTING PRESIDENT FARLEY:
11 Substitution is ordered. Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1548, Senator LaValle moves to discharge the
23 Committee on Rules from Assembly Bill Number
7376
1 8665, and substitute it for the identical Third
2 Reading 1548.
3 ACTING PRESIDENT FARLEY:
4 Substitution is ordered. Read -
5 SENATOR PRESENT: Lay aside.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 1550, by Senator Mega, Senate Bill Number 6066,
10 creating a Temporary State Commission on
11 Brooklyn Recreational Facilities.
12 ACTING PRESIDENT FARLEY: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1554, Senator Marino moves to discharge the
7377
1 Committee on Rules from Assembly Bill Number
2 7898-A and substitute it for the identical
3 Calendar Number 1544.
4 ACTING PRESIDENT FARLEY:
5 Substitution is ordered. Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 SENATOR LEICHTER: Lay that
13 aside, please.
14 ACTING PRESIDENT FARLEY:
15 Withdraw the roll call, lay it aside.
16 THE SECRETARY: Calendar Number
17 1555, by Senator Pataki, Senate Bill Number
18 6087, Religious Corporations Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
7378
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1556, Senator LaValle moves to discharge the
8 Committee on Rules from Assembly Bill Number
9 1097-B and substitute it for the identical Third
10 Reading 1556.
11 ACTING PRESIDENT FARLEY:
12 Substitution is ordered. Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1557, by Senator Tully, Senate Bill Number 6102,
7379
1 an act to amend the Education Law.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1558, by Senator DeFrancisco, Senate Bill Number
14 6110, an act to amend a chapter of the laws of
15 1993.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 59.
7380
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1559, by the Senate Committee on Rules, Senate
5 Bill Number 6111, an act to amend Chapter 348 of
6 the Laws of 1989.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 SENATOR LEICHTER: Lay aside.
10 ACTING PRESIDENT FARLEY: Laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1560, by the Senate Committee on Rules, Senate
14 Bill Number 6113, an act to amend the Education
15 Law.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2.
19 SENATOR LEICHTER: Lay aside.
20 ACTING PRESIDENT FARLEY: Lay it
21 aside.
22 That's it for non-controversial,
23 Senator Kuhl.
7381
1 SENATOR STAVISKY: Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Stavisky.
4 SENATOR STAVISKY: May I be
5 recorded in the negative on Calendar Number
6 1507?
7 ACTING PRESIDENT FARLEY: 1507,
8 without objection.
9 SENATOR STAVISKY: Thank you.
10 SENATOR KUHL: Mr. President.
11 ACTING PRESIDENT FARLEY: Senator
12 Kuhl.
13 SENATOR KUHL: Want to start the
14 controversial Supplemental 1.
15 ACTING PRESIDENT FARLEY:
16 Controversial, Supplemental Calendar Number 1.
17 THE SECRETARY: Calendar Number
18 1534, substituted earlier today, by member of
19 the Assembly Crowley, Assembly Bill Number 6321,
20 Racing, Pari-Mutuel Wagering and Breeding Law.
21 SENATOR STACHOWSKI: Explanation.
22 ACTING PRESIDENT FARLEY:
23 Explanation has been asked for.
7382
1 Senator Stafford.
2 SENATOR STAFFORD: Lay it aside,
3 please.
4 ACTING PRESIDENT FARLEY: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 1535, by Senator Stafford, Senate Bill Number
8 4189.
9 SENATOR STAFFORD: Lay it aside.
10 ACTING PRESIDENT FARLEY: Laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1537, substituted earlier, by member of the
14 Assembly Crowley, Assembly Bill Number 6325,
15 Racing, Pari-Mutuel Wagering and Breeding Law.
16 SENATOR STAFFORD: Lay it aside.
17 ACTING PRESIDENT FARLEY: Laid
18 aside.
19 THE SECRETARY: Calendar Number
20 1538, substituted earlier today, by member of
21 the Assembly Nolan, Assembly Bill Number 4740-A,
22 Real Property Tax Law.
23 SENATOR LEICHTER: Explanation.
7383
1 ACTING PRESIDENT FARLEY:
2 Explanation has been asked for. Lay it aside
3 temporarily.
4 SENATOR KUHL: Lay it aside.
5 THE SECRETARY: Calendar Number
6 1539, substituted earlier, by member of the
7 Assembly Lafayette, Assembly Bill Number 3757
8 A.
9 SENATOR OPPENHEIMER:
10 Explanation.
11 THE SECRETARY: Transportation
12 Law.
13 SENATOR VELELLA: No.
14 ACTING PRESIDENT FARLEY: No?
15 Senator Velella. Senator Velella. An
16 explanation has been asked for on 1539.
17 SENATOR VELELLA: This bill is a
18 chapter amendment actually to a bill that we
19 passed last year regulating the transportation
20 of people within the city of New York by vans.
21 As you know, last year we
22 transferred that authority from Department of
23 Transportation to the city of New York. There
7384
1 were some specific objections made by several
2 Senators, especially those of Senator Marchi and
3 Senator Mega, and these amendments that are
4 being made to this provision that we passed last
5 year address those objections.
6 There is a provision in there
7 that anyone that is a passenger in a van that is
8 stopped and about to be seized under the
9 authority of law, that the passengers will be
10 left off in an area where they can avail
11 themselves of public transportation. There are
12 two or three other small amendments that would
13 assist people in Staten Island that have that
14 problem.
15 SENATOR OPPENHEIMER: Senator,
16 my -
17 ACTING PRESIDENT FARLEY: Senator
18 Oppenheimer.
19 SENATOR OPPENHEIMER: My concern
20 had been the sort of confrontational situation
21 that we had between suburbia and the city, but
22 you've answered. It's not that.
23 Thank you.
7385
1 SENATOR VELELLA: Thank you.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 56, nays 3,
10 Senators Galiber, Mega and Mendez recorded in
11 the negative.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1540, substituted earlier, by the Assembly
16 Committee on Rules, Assembly Bill Number 7660,
17 Retirement and Social Security Law.
18 ACTING PRESIDENT FARLEY: You can
19 read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
7386
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1542, substituted earlier, by the Assembly
7 Committee on Rules, Assembly Bill Number 8074,
8 Administrative Code of the city of New York.
9 ACTING PRESIDENT FARLEY: Senator
10 Velella has a home rule message here at the
11 desk. You can read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1546, substituted earlier.
22 SENATOR KUHL: Lay aside.
23 ACTING PRESIDENT FARLEY: Laid
7387
1 aside.
2 THE SECRETARY: Calendar Number
3 1548, substituted earlier, by the Assembly
4 Committee on Rules, Assembly Bill Number 8665,
5 Education Law.
6 SENATOR STACHOWSKI: Lay it
7 aside.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside temporarily.
10 THE SECRETARY: Calendar Number
11 1554, substituted earlier by the Assembly
12 Committee on Rules, Assembly Bill Number 8699,
13 amends Chapter 502 of the Laws of 1992, relating
14 to certain non-judicial officers and employees.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT FARLEY: The
7388
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1559, by the Senate Committee on Rules, Senate
4 Bill Number 6111, amends Chapter 348 of the Laws
5 of 1989, amending the Retirement and Social
6 Security Law.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 THE SECRETARY: Excuse me. Ayes
18 58, nays one, Senator Kuhl recorded in the
19 negative.
20 ACTING PRESIDENT FARLEY: Senator
21 Seward, could you see me for a minute?
22 THE SECRETARY: Calendar Number
23 1560, by the Committee on Rules, Senate Bill
7389
1 Number 6113, an act to amend the Education Law.
2 ACTING PRESIDENT SEWARD: Last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SEWARD: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT SEWARD: The
11 bill is passed.
12 SENATOR GALIBER: Could we
13 reconsider the vote by which that bill was
14 passed.
15 ACTING PRESIDENT SEWARD: Call
16 the roll on reconsideration.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 59.
20 SENATOR GALIBER: Would you lay
21 it aside for an explanation, please.
22 ACTING PRESIDENT SEWARD: The
23 bill is laid aside.
7390
1 SENATOR KUHL: We're on Calendar
2 Number 1560, we're on the controversial
3 calendar. If there's an explanation being asked
4 for, we'll debate the bill right now.
5 Senator Spano, explanation.
6 ACTING PRESIDENT SEWARD: Senator
7 Spano for an explanation.
8 SENATOR SPANO: Mr. President,
9 this bill would allow the Yonkers School
10 District to participate -- continue to
11 participate in the employment preparation
12 education program without providing its
13 maintenance of effort share for the 1993-94
14 school year.
15 Yonkers, as many of the members
16 of this house probably realize, has had many
17 problems in terms of the court-ordered
18 desegregation of its school system. The
19 district simply cannot fund the programs that
20 are not covered by the desegregation order and
21 this bill would give them that exemption.
22 SENATOR GALIBER: Explanation
23 satisfactory.
7391
1 SENATOR SPANO: Last section.
2 SENATOR KUHL: Last section.
3 ACTING PRESIDENT SEWARD: Last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SEWARD: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT SEWARD: The
12 bill is passed. Senator Kuhl, that completes
13 the controversial.
14 SENATOR KUHL: Not quite, Mr.
15 President. May we return to Calendar Number
16 1538, Senator Goodman's bill.
17 ACTING PRESIDENT SEWARD:
18 Secretary will read 1538.
19 THE SECRETARY: Calendar Number
20 1538, substituted earlier today, by member of
21 the Assembly Nolan, Assembly Bill Number 4740-A,
22 Real Property Tax Law.
23 ACTING PRESIDENT SEWARD: Call
7392
1 the roll.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 59.
6 ACTING PRESIDENT SEWARD: The
7 bill is passed.
8 Senator Kuhl.
9 SENATOR KUHL: Yes, Mr.
10 President. If we might just temporarily stand
11 at ease for a few moments.
12 (The Senate stood at ease from
13 6:52 to 6:58 p.m.)
14 ACTING PRESIDENT SEWARD: Senator
15 Kuhl.
16 SENATOR KUHL: Yes, Mr.
17 President. There being no further business
18 before us this day, I move the Senate stand
19 adjourned until tomorrow at 2:30.
20 ACTING PRESIDENT SEWARD: The
21 Senate stands adjourned until tomorrow at 2:30.
22 (Whereupon at 6:59 p.m., the
23 Senate adjourned.)